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U Visa Approval Time: Essential Factors and Expectations
The U visa is a crucial tool for law enforcement in detecting, investigating, and prosecuting serious criminal activity, while simultaneously offering vital protections to victims of qualifying crimes. Established in accordance with the humanitarian interests of the United States, the U visa aims to provide eligible noncitizens a path towards residency and support.
However, the process of obtaining a U visa is often lengthy, with various steps and procedures to follow. It currently takes up to around six years for the United States Citizenship and Immigration Services (USCIS) to fully process U visa applications, including biometrics collection, processing forms, and finally, issuing an approval notice and work permit. This extended wait time can make the application process feel overwhelming for both victims and their families, but it’s essential to remain informed and patient throughout the process to secure the much-needed protection provided by a U visa.
U Visa Overview
The U visa is a nonimmigrant visa designed for victims of certain crimes who have suffered mental or physical abuse and are cooperating with law enforcement in the investigation or prosecution of the criminal activity. It provides temporary legal status and work authorization in the United States.
The United States Citizenship and Immigration Services (USCIS) is responsible for processing U visa applications. The approval rate for U visas has remained relatively constant over time, with around 84% for principal petitioners and 83% for derivatives as of 2014.
U visa processing times have varied significantly in recent years. According to a USCIS report, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months as of the fourth quarter of FY 2020. This waiting time has been influenced by factors such as an increase in the number of applications and processing backlogs.
To apply for a U visa, petitioners need to meet several legal requirements, such as proving that they have been a victim of a qualifying crime and have cooperated with law enforcement to investigate or prosecute the criminal activity. The application process includes submitting a Form I-918 (Petition for U Nonimmigrant Status) and a Form I-918 Supplement B (Certification of Helpfulness).
In conclusion, the U visa provides crucial support for victims of certain crimes in the United States. While the approval rates remain relatively high, petitioners should be aware of the lengthy processing times and specific eligibility requirements involved in the application process.
Eligibility Criteria
To qualify for a U Visa, noncitizens must fulfill specific eligibility requirements. These requirements revolve around being a victim of certain crimes and their willingness to cooperate with law enforcement.
It is essential for applicants to meet specific conditions to be eligible for U nonimmigrant status. Firstly, the applicant must have been a victim of a qualifying criminal activity. These crimes may include domestic violence, trafficking, fraud, or other offenses that caused substantial physical or mental suffering. The applicant should also possess credible information about the crime.
Another crucial aspect of eligibility is the applicant’s willingness to cooperate with law enforcement in investigating and prosecuting the crime. Their assistance must be deemed necessary by a qualifying agency, such as the police or district attorney’s office. This is usually evidenced by a Certification of Helpfulness, which is submitted along with the U Visa application1.
Applicants must be admissible to the United States or be eligible for a waiver of inadmissibility. Additionally, if the applicant has any family members who may qualify for derivative U Visa status, they can pursue that option as well2.
It is important to note that the U.S. Citizenship and Immigration Services (USCIS) evaluates each case on its own merits. This means that every U Visa application process’s duration and outcome may vary from one individual to another3.
Application Process
When applying for a U visa, the initial step is to complete Form I-918, Petition for U Nonimmigrant Status. The form serves as the primary application document, and must be filled out accurately to avoid potential delays in processing time.^[1^]
In addition to Form I-918, a supplementary document is necessary: Form I-918, Supplement B, which is a certification from a qualifying government official that confirms the applicant’s role as a victim of a qualifying crime and their willingness to assist law enforcement in the investigation or prosecution of the crime.^[2^]
After submitting the application and all necessary documentation, applicants will be required to undergo a biometrics appointment, where the United States Citizenship and Immigration Services (USCIS) collect your fingerprints and photographs to verify your identity and conduct background checks. This is a crucial part of the process to ensure the applicant’s eligibility for the U visa.^[3^]
The processing time for U visa applications can vary significantly depending on factors such as the completeness of the application, any additional information or documentation required, and the current backlog at USCIS. In the fourth quarter of FY 2020, the median processing time from the receipt of a U visa petition until placement on the waiting list was 50.9 months, while the processing time from waitlist placement until final adjudication was 10.0 months.^[4^]
It is important to remember that processing times may change, and applicants should stay in touch with USCIS for updates on the status of their application. Keeping your information updated and accurate and responding promptly to any request for additional information can help prevent unnecessary delays in the U visa approval process.
Law Enforcement Involvement
The U visa plays a significant role in strengthening law enforcement’s ability to detect, investigate, and prosecute crimes. This nonimmigrant status is specifically designed to offer protections to noncitizen victims of qualifying crimes in keeping with U.S. humanitarian interests U Visa Law Enforcement Resource Guide.
Law enforcement agencies are closely involved in the U visa application process, as a crucial step for applicants is obtaining Form I-918B, which is a certification provided by a qualified law enforcement agency. This certification confirms that the applicant has been a victim of a qualifying criminal activity and has been, is being, or is likely to be helpful to the investigation or prosecution of that crime U Visa Law Enforcement Resource Guide.
Collaboration between law enforcement and U visa applicants fosters trust and encourages victims to step forward, report crimes, and assist in investigations. The U visa helps promote public safety and holds perpetrators accountable, while also providing victims with temporary lawful status, employment authorization, and the possibility of lawful status for qualifying family members USCIS.
In order to ensure the effective utilization of U visas and successful collaboration between law enforcement and applicants, the Department of Homeland Security offers various resources and training materials for certifying officials and agencies. These resources include guidelines on the U visa requirements, best practices for certifying agencies and officials, frequently asked questions for judges, prosecutors, and other officials, as well as contact information and additional resources Homeland Security.
Processing Time
The processing time for U visa applications can vary significantly. However, it’s currently estimated to take up to around six years to fully process a U visa application. This includes biometrics collection, processing all forms and supporting information, and finally issuing an approval notice and work permit.
In the fourth quarter of the fiscal year 2020, the median processing time for U visa petitions from receipt until placement on the waiting list was 50.9 months. Once placed on the waiting list, the processing time for final adjudication was 10.0 months. It’s essential to keep in mind that these figures are specific to that fiscal year, and processing times may change.
The Vermont Service Center handles most U visa cases. USCIS provides its Processing Times page for applicants to check the estimated processing times for various types of applications, including U visas.
Furthermore, interview wait times at a U.S. Embassy or Consulate can also change weekly and depend on the incoming workload and available staffing. Global Visa Wait Times can help applicants understand the estimated wait time for their interview appointments.
It’s crucial for U visa applicants to be patient and stay up to date with any changes in processing times or requirements.
Qualifying Crimes
The U nonimmigrant visa aims to provide protection and support for victims of certain qualifying crimes. These crimes encompass a wide range of offenses, demonstrating the U.S. government’s commitment to helping noncitizens who have been subjected to serious abuse or harm.
Some of the qualifying crimes for U visa consideration include, but are not limited to:
- Physical abuse: This can involve any act of intentionally inflicting bodily harm or injury on another person.
- Domestic violence: This refers to any form of violent or abusive behavior within an intimate relationship.
- Sexual assault: This is any nonconsensual sexual act or attempt to commit a sexual act.
- Abduction: This involves the illegal seizure or removal of a person, often involving force or the threat of force.
Other qualifying crimes may include abusive sexual contact, blackmail, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage-taking, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual exploitation, slave trade, stalking, torture, witness tampering, and unlawful criminal restraint. While this list is not exhaustive, it serves to illustrate the variety of offenses that may be eligible for U visa consideration.
To be eligible for a U nonimmigrant visa, the victim must have suffered significant physical or mental abuse due to the qualifying crime. Additionally, they must be willing to assist law enforcement in the investigation or prosecution of the criminal activity. Law enforcement agencies play a crucial role in certifying whether a victim has been helpful in the process.
The U visa’s purpose is to strengthen law enforcement’s ability to detect, investigate, and prosecute crimes while offering protections and support to victims. It grants lawful status for up to 4 years, along with employment authorization (work permit). In certain cases, qualifying family members may also be granted lawful status, offering a holistic approach to victim support and protection.
While the processing times for U visas may vary, this immigration benefit serves as an important humanitarian tool, shielding vulnerable victims and partnering them with law enforcement to bring criminals to justice.
Supporting Documentation
When applying for a U visa, it is crucial to provide accurate and comprehensive supporting documentation. This documentation serves as evidence for your eligibility as the principal petitioner and for any qualifying family members you may wish to include in your application.
One essential document is the Form I-918, Supplement A, which is a petition for qualifying family members of U-1 recipients. This form must be completed for each family member you want to include in your U visa application. Ensuring that all required information is provided accurately can expedite the processing time for your application.
In addition to the form, a well-crafted personal statement is vital in supporting your U visa case. The personal statement should provide a clear and concise overview of the applicant’s background, the crime they’ve experienced, and how it has affected their lives. Taking the time to craft a powerful, compelling personal statement can significantly increase the chances of a successful application.
It is also essential to gather any additional documentation that may strengthen your case. For example, you may need to obtain police reports, medical records, and court documents that support your claims and demonstrate your eligibility for the U visa. Including relevant documents helps to paint a fuller picture of your situation and increases the likelihood of obtaining a favorable decision.
As the principal petitioner, ensure that you have thoroughly completed the main application, Form I-918. This includes providing all necessary supporting documentation and testimonies from law enforcement or other officials who can validate your claims of being a crime victim.
In conclusion, submitting comprehensive and accurate supporting documentation is crucial for a successful U visa application. By including all required forms, crafting a powerful personal statement, and gathering additional relevant documents, you can significantly improve your chances of obtaining a U visa and ensure that you and your qualifying family members can benefit from this legal status. Remember, being confident, knowledgeable, and clear in your application is key to a favorable outcome.
Waivers and Fee Waivers
When applying for a U visa, applicants may need to request certain waivers. A waiver may be required if the applicant is inadmissible to the United States under the grounds listed in section 212(a) of the Immigration and Nationality Act (INA). These grounds of inadmissibility may include health-related issues, criminal activity, or security-related issues. In such cases, the applicant must submit Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request a waiver of inadmissibility.
It is important to demonstrate that the waiver is warranted due to the specific circumstances of the case and that it is in the public interest. The U.S. Citizenship and Immigration Services (USCIS) will then consider the request and exercise their discretion in approving or denying the waiver.
In addition to waivers of inadmissibility, applicants may also request a fee waiver for certain forms. There is no fee for Form I-918, Petition for U Nonimmigrant Status, or Form I-918 Supplement A, Petition for a Qualifying Family Member of a U Nonimmigrant. However, fees may be associated with Form I-765, Application for Employment Authorization, and Form I-192.
To request a fee waiver, applicants should submit Form I-912, Request for Fee Waiver. The approval of fee waivers is based on the applicant’s demonstrated inability to pay. USCIS will grant a fee waiver at its discretion if the form being filed is eligible, and if the applicant provides documentation that they qualify based on specific criteria.
In summary, U visa applicants may need to request both waivers of inadmissibility and fee waivers during the application process. It is essential to provide complete and accurate information in these requests and to demonstrate eligibility for the waivers in order to increase the chances of a successful U visa application.
Employment Authorization and Deferred Action
The U visa is a nonimmigrant status granted to victims of certain crimes in the United States, allowing them to remain in the country and cooperate with law enforcement. As a U-1 recipient, you may become eligible for employment authorization under certain conditions.
In June 2021, U.S. Citizenship and Immigration Services (USCIS) implemented the bona fide determination process for pending U nonimmigrant status petitions. This new process allows USCIS to perform BFDs (bona fide determinations) and grant Employment Authorization Documents (EADs) and deferred action to those who meet specific discretionary standards.
Deferred action is a temporary form of relief that protects individuals from being removed or deported from the United States. It also allows them to work legally during their time in the country.
Under this new process, principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitions can receive employment authorization and deferred action.
To obtain an EAD under the bona fide determination process, petitioners must submit Form I-765, Application for Employment Authorization, along with required documentation. If the petitioner meets the necessary criteria, USCIS will issue an EAD, allowing them to work legally in the United States.
It is important to note that receiving an EAD through the bona fide determination process does not guarantee approval of the U nonimmigrant status petition. However, it does provide temporary relief and the ability to work in the country while the petition is pending.
In summary, the bona fide determination process has made it possible for U visa applicants to receive employment authorization and deferred action sooner. This development not only helps protect victims of crimes but also enables them to support themselves and contribute to the United States economy while their U nonimmigrant status petition is being processed.
Adjustment of Status and Green Cards
The adjustment of status is a procedure allowing eligible individuals present in the United States to apply for a Green Card, which signifies lawful permanent resident status. Through this process, applicants can obtain a Green Card without needing to return to their home country for visa processing.
When a person with a U visa has held their status for at least three years and has continuously lived in the U.S., they may be eligible to apply for adjustment of status through the U.S. Citizenship and Immigration Services (USCIS). If approved, they will obtain a Green Card, enabling them to live and work in the U.S. without fear of deportation.
In order to adjust their status based on U nonimmigrant status, the applicant must meet certain eligibility criteria. The USCIS provides information specific to noncitizens with U nonimmigrant status seeking to become lawful permanent residents.
One key factor in the adjustment of status process is the visa availability, determined by the U.S. Department of State. This process involves the allocation of immigrant visas and the Visa Bulletin, which indicates priority dates for different categories of applicants. You can learn more about visa availability and priority dates on the USCIS website.
To file an adjustment of status application, applicants should pay attention to the Application Final Action Dates and Dates for Filing Applications published in the Visa Bulletin. This will indicate the earliest dates when applicants may be able to apply for adjustment of status.
In summary, the adjustment of status process allows eligible individuals with U visas to apply for a Green Card and eventually achieve lawful permanent resident status. Applicants must meet specific criteria and adhere to visa availability guidelines in order to successfully adjust their status and obtain a Green Card.
Consular Processing and U.S. Embassies
Consular processing plays a crucial role in the U visa approval process for overseas derivative T and U nonimmigrant status family members. Upon receiving their USCIS approval notice for derivative nonimmigrant status, they are required to contact the nearest U.S. Embassy or Consulate to schedule an interview for obtaining their U visa.
The U visa application mainly involves several steps, such as submitting a petition, processing by the National Visa Center (NVC), and paying fees, which includes the Affidavit of Support, financial and civil documents, and online application submission. Once the NVC processing is complete, applicants can proceed with the required documentation and interview preparation.
Estimate wait times for receiving a nonimmigrant visa interview appointment at a U.S. embassy or consulate are determined by workload and staffing, and they may vary from week to week. These wait times do not guarantee the availability of an appointment; therefore, it is essential to monitor the situation and plan accordingly.
By addressing U.S. visitor visa wait times, several embassies and consulates have reduced their wait times. This improvement has been facilitated by working with the Department of Homeland Security to expand authority in waiving in-person interviews for specific nonimmigrant visa categories and many renewals while still ensuring national security.
In conclusion, consular processing is an essential component of the U visa approval process. Applicants should stay updated on the wait times for appointments and follow the necessary steps to successfully navigate through the application process with the nearest U.S. embassy or consulate.
Challenges and Complex Cases
The U visa approval process can be challenging and time-consuming, especially in cases with complex issues or circumstances. One common hurdle faced by applicants is the need to respond to a Request for Evidence (RFE) issued by the United States Citizenship and Immigration Services (USCIS). RFEs are typically sent when the USCIS requires additional information to make a decision on an applicant’s case. Responding to an RFE can extend the processing time of a U visa application, as the USCIS waits for the applicant to provide the requested evidence before proceeding with the adjudication process.
Another factor that can complicate U visa cases is when the applicant is subject to Immigration and Customs Enforcement (ICE) action or is in removal proceedings. In such situations, the applicant must navigate both the U visa application process and removal proceedings simultaneously. To address this, the Board of Immigration Appeals (BIA) set forth guidelines in Sanchez Sosa, determining good cause to continue removal proceedings in anticipation of pending U visa approval. The BIA factors include the DHS response to the motion to continue, whether the underlying visa petition is prima facie approvable, and the reason for the continuance request source.
The Vermont Service Center (VSC) is responsible for processing U visa applications, and applicants may experience long processing times. In the fourth quarter of FY 2020, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months, and the processing time from waitlist placement until final adjudication was 10.0 months source. These lengthy processing times can create uncertainty and stress for applicants and their families.
Overall, navigating the U visa application process can be challenging due to RFEs, interaction with ICE, removal proceedings, and long processing times at the VSC. Applicants must be prepared to face these challenges and seek appropriate legal assistance to navigate complex U visa cases successfully.
Bona Fide Determination Process and Waiting Lists
The Bona Fide Determination (BFD) process was introduced by USCIS on June 14, 2021 for U nonimmigrant status petitions or U visa petitions. This new process allows certain petitioners and their family members with pending U petitions to receive four-year work authorization and deferred action while they wait for full adjudication.
Adjudication for these petitions involves a thorough assessment of the applicant’s eligibility, including law enforcement certification, background checks, and evaluation of credible evidence provided by the petitioner. If USCIS determines that the petitioner merits a favorable exercise of discretion, they may be granted BFD approval.
Once a U visa petition has been filed as a bona fide application, it can be placed on the waiting list if there are no available U visas at the time. Eligibility for the waiting list is determined by various factors, such as the receipt date of the petition, the priority of the petitioner’s case, and quota constraints. As of June 14, 2021, USCIS began adjudicating pending, non-waitlisted petitions filed by noncitizens living in the United States in receipt date order for bona fide determinations.
During the fiscal year 2020, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months, and the processing time from waitlist placement until final adjudication was 10.0 months. It’s essential to remember that these wait times are subject to change based on various factors, including the volume of applications, immigration laws, and policies related to the U visa process.
The introduction of the Bona Fide Determination process has offered some relief to immigrants and their families, who previously faced significant uncertainty while waiting for their U nonimmigrant petitions to be adjudicated. The BFD process ensures that eligible applicants can continue to live and work in the United States while they await a final decision on their petition.
Visa Extensions, Derivative U Visas, and Family Members
The U visa is a nonimmigrant status for victims of qualifying crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Extensions of U nonimmigrant status and derivative U visas for qualifying family members are important aspects of the U visa application process.
U visa extensions may be granted in certain situations, such as consular processing delays or other reasons. A USCIS policy memorandum outlines the process for extending U nonimmigrant status for derivative family members using Form I-539. This is important because it provides a mechanism to maintain legal status while waiting for the adjustment of status process to be completed.
Derivative U visas for qualifying family members are available to principal petitioners of U nonimmigrant status. The eligibility for family members depends on the relationship and age of the applicant. For example, a spouse, children, unmarried siblings under 18 years old, and parents of principal petitioners may be eligible for derivative U visas.
To apply for derivative U visas, principal petitioners must submit Form I-918A, Petition for Qualifying Family Member of U Visa Recipient, either at the time of their initial application or after receiving approval for their own U visa. This form is required to demonstrate the relationship between the principal petitioner and the qualifying family member. More information on this process can be found on the USCIS website.
It is essential for applicants to understand the criteria, timelines, and procedures involved in obtaining U visa extensions, derivative U visas, and eligibility for family members. This will ensure that they maintain legal status in the United States and offer support to those directly affected by the qualifying crimes.