Big News for U Visa Applicants

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Big News for U Visa Applicants

Last week, USCIS announced that it will issue work permits and grant deferred action for applicants with pending U visa cases. Previously, these benefits were only available to U visa applicants after USCIS made a preliminary decision about their case—a process which took five years or longer due to high case volumes. Now, USCIS will make a “bona fide determination” about the case much earlier in the process, once it completes the applicant’s background check. This is fantastic news for everyone waiting for a U visa.

I have a pending U visa application. Can I get a work permit now?

USCIS just announced this new policy last week, so it has not been implemented yet. As of right now, we cannot predict when you will receive your work permit. We are tracking this issue closely, and we’ll post updates on our Facebook page as soon as we have them.

What is a “bona fide determination”?

A bona fide application is one that is made in good faith, without the intention to deceive or gain benefits through fraud. For a U visa application to be considered bona fide, the application must include a certification from law enforcement that the applicant was a victim of a qualifying crime, and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.

What is deferred action?

Deferred action is temporary protection from deportation. For U visa applicants, deferred action is granted for two years, and applicants can renew it and their work permits while their U visa application is pending.

How long is the work permit valid?

Work permits for pending U visa cases are valid for two years. Applicants can continue to renew them while their U visa applications are pending.

Why do U visa cases take so long?

Congress has limited the number of principal U visas to 10,000 per fiscal year. However, USCIS receives far more than 10,000 U visa petitions per year. That means that even when a person’s U visa application is granted, they must still wait for a visa to be available. According to USCIS data, at the end of 2019, there were nearly 152,000 pending principal U visa applications (plus nearly 104,000 pending applications for family members). That translates to wait times of 5-10 years, and the wait times are likely to only get longer.

U visa lawyer Inna Scott and her team at Global Law Advocates specialize in helping immigrants of all kinds gain legal status and other immigration benefits in the United States. To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.

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