[caimmatty]

I just received a case where a U-visa applicant was denied because at the time of application he was an LPR. He is currently in removal proceedings and is inadmissible due to a felony drug conviction. I want to counsel him to abandon his LPR status and re-apply for a U-visa. Will his second U-visa application be considered or will it be denied as his first application was denied?

[lawanwadee]

Someone with felony drug conviction is not qualified, except in some cases that the person is key witness in big case... other than that I don't see any possibility.

[Fr_Chuck]

It will no be denied because the first one was denied, each case would be judged on its own merits. But as noted, the drug conviction should disqualify them.