523Views 0Comments
U Visa BFD EAD Processing Time 2023: An Efficient Overview
The U Visa Bona Fide Determination (BFD) process plays a crucial role for victims of certain crimes who have suffered substantial mental or physical harm and are willing to help in the investigation or prosecution of the criminal activity. Introduced on June 14, 2021, the BFD process allows eligible applicants to obtain Employment Authorization Documents (EADs) in a more efficient manner while their U nonimmigrant status application is pending USCIS Policy Manual.
However, uncertainty remains regarding the exact processing times for U Visa BFD EAD applications in 2023. As the number of pending applications is continually shifting, it is difficult to predict how long it may take for an applicant to receive an EAD and deferred action under this process Immigrant Legal Resource Center. Applicants and advocates should be mindful of this uncertainty and carefully monitor updates from the United States Citizenship and Immigration Services (USCIS) for more accurate processing times USCIS Processing Times.
What Is a U Visa?
A U Visa is a type of nonimmigrant visa designed to protect victims of certain serious crimes and offer them a temporary legal status in the United States. The primary purpose of this visa category is to encourage victims to cooperate with law enforcement agencies and provide crucial information about criminal activities without fear of deportation.
To be eligible for a U Visa, the applicant must have been a victim of a qualifying crime that occurred in the United States or violated U.S. laws. The victim should also have suffered substantial physical or mental abuse as a result of the crime and be willing to assist law enforcement or government officials in the investigation or prosecution of the criminal activity.
In addition to the principal petitioner, U Visa applicants can also include certain qualifying family members in their application. For instance, a petitioner under the age of 21 can include their spouse, children, unmarried siblings under 18, and parents in their application. Similarly, a petitioner who is 21 or older can include their spouse and children as derivative beneficiaries.
The U Visa program also introduces the Bona Fide Determination Employment Authorization Document (BFD EAD) process, which allows eligible petitioners to receive employment authorization and deferred action while waiting for the full adjudication of their U nonimmigrant status application. The BFD EAD process is an attempt by USCIS to address the huge backlog of U Visa petitions and provide much-needed relief for applicants awaiting decisions.
Eligibility and Application Process
To apply for a U visa, applicants must submit Form I-918, Petition for U Nonimmigrant Status. This form is used to determine eligibility and assess the applicant’s situation. A crucial part of this application is obtaining a Supplement B, which is a law enforcement certification confirming the applicant’s cooperation in the investigation or prosecution of a qualifying criminal activity.
In addition to Form I-918 and Supplement B, applicants must provide a personal statement detailing their experience with the criminal activity and how they have been affected. This statement is essential for demonstrating the applicant’s helpfulness and willingness to assist law enforcement authorities.
Applicants may also include qualifying family members, such as spouses, children, and certain other relatives, in their application by submitting a Supplement A to Form I-918. Including family members can offer additional immigration benefits, such as preventing their removal from the United States.
Biometrics, such as fingerprints, are required as part of the U visa application process. These are used for background checks and to verify the identity of the applicant. There may be a fee associated with the biometrics collection, but fee waivers are available for those who cannot afford it.
In some cases, applicants may need to submit a waiver request if they are inadmissible to the United States due to criminal history, immigration violations, health concerns, or other reasons. Waiver requests are submitted on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
The introduction of the bona fide determination (BFD) process has improved the processing time for U visa applicants. This process, which began on June 14, 2021, applies to all currently pending I-918 petitions and any petitions filed on or after that date. The BFD process aims to evaluate applications more efficiently, allowing eligible applicants to receive employment authorization and deferred action sooner.
In summary, the eligibility and application process for a U visa involves submitting Form I-918, obtaining a law enforcement certification through Supplement B, providing a personal statement, including qualifying family members with Supplement A, submitting biometrics, and potentially applying for a waiver if inadmissible. By understanding these steps, applicants can better navigate the U visa process and increase their chances of approval.
Bona Fide Determination
The Bona Fide Determination (BFD) process is an important step in the adjudication of U visa petitions for eligible applicants. On June 14, 2021, USCIS announced a new bona fide determination process whereby certain petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication.
During the initial review, USCIS officers assess whether the petition contains good faith claims that meet the statutory requirements for the U visa. The initial evidence requirements for a bona fide petition include the submission of an I-918 Form, a personal statement explaining the situation, and evidence demonstrating that the petitioner is a victim of a qualifying criminal activity.
Once the BFD process is completed and a bona fide determination is made, USCIS will issue Employment Authorization Documents (EADs) to the petitioner and their eligible family members. These EADs are valid for four years, allowing the recipients to work legally in the United States while their full U visa petition is pending.
In terms of processing time, the USCIS Historic Processing Times website shows that starting in FY 2022, the processing time is calculated using the receipt date to Bona Fide Determination (BFD) review. However, specific processing times for U visa BFD EADs are not provided and may vary due to individual case circumstances and USCIS workload.
It is essential for petitioners to submit all required documentation and evidence to ensure their case is processed efficiently. By following the established guidelines and meeting initial evidence requirements, applicants increase their chances of receiving a favorable Bona Fide Determination and moving forward with their U visa petition.
U Visa Waiting List
The U Visa program provides nonimmigrant status to victims of certain 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. Due to the statutory cap of 10,000 U nonimmigrant visas granted annually, a waiting list is necessary for applicants whose petitions are approved but pending visa availability.
Once a U nonimmigrant status petition is approved, the applicant is placed on the waiting list until a visa becomes available. In the meantime, they may be eligible for deferred action and, in some cases, an Employment Authorization Document (EAD). The processing times for U Visa petitions can vary, with recent data showing a median processing time of 50.9 months from receipt of the petition until waiting list placement and an additional 10.0 months for adjudication.
Starting June 14, 2021, the U.S. Citizenship and Immigration Services (USCIS) implemented a Bona Fide Determination (BFD) process for U Visa applicants to assess their eligibility for an EAD more swiftly. This new process applies to all pending I-918 petitions and those filed on or after June 14, 2021. BFD does not include a full analysis of eligibility requirements, but it offers a preliminary assessment allowing applicants to obtain an EAD and deferred action while waiting for their U nonimmigrant status to be finalized.
It is essential for U Visa applicants to be aware of the waiting list and to understand that, even when their petition is approved, they may not receive U nonimmigrant status right away. It is crucial to keep track of the U Visa application’s progress, maintain its status, and take advantage of any eligible relief options during the waiting period.
Employment Authorization and EADs
In 2023, U Visa applicants seeking Employment Authorization Documents (EADs) can benefit from the Bona Fide Determination (BFD) process implemented by the USCIS in June 2021. This process grants employment authorization and deferred action to eligible noncitizens with pending, bona fide U nonimmigrant status petitions 1.
The BFD process involves an initial review of the Form I-918, after which the USCIS issues BFD EADs and deferred action status for 4 years to qualified U petitioners and qualifying family members if their petition is deemed bona fide 2. This process also applies to I-765 applications filed with Form I-918, for noncitizens seeking employment authorization 3.
To check the processing time for EAD applications under the BFD process, applicants can refer to the USCIS Check Case Processing Times webpage for updated information.
In conclusion, the BFD process significantly benefits U Visa applicants, providing them with employment authorization and deferred action when their petition is deemed bona fide. This enables noncitizens to contribute to the workforce while awaiting the final outcome of their U nonimmigrant status applications.
BFD EAD Processing Time in 2023
The Bona Fide Determination (BFD) process for U nonimmigrant status applicants has been implemented since June 14, 2021. This process aims to provide employment authorization documents (EADs) and deferred action to eligible petitioners.
To check case processing times, applicants can refer to the USCIS website, which provides the most up-to-date information available. Be aware that processing times may differ from previously published reports, as the system is continually updated with new data.
When assessing cases for BFD EADs, USCIS follows a receipt date order. However, the specifics regarding the order of adjudication for BFD cases could not be retrieved from the available search results. Since its implementation, there hasn’t been an estimate provided for the processing time of BFD EADs. As a result, it is essential to keep an eye on the USCIS website for updates and news about the processing times.
While the exact estimated processing time for BFD EADs in 2023 is not available, it is crucial to remember that the overall processing time for any U visa application depends on numerous factors, including the application’s complexity and the backlog of pending cases. The USCIS aims to reduce the waiting time for applicants, but as the number of cases and circumstances vary, it is not possible to provide a concrete timeline.
In summary, the BFD EAD processing time for 2023 cannot be precisely determined, and applicants should remain patient and monitor the USCIS website for any updates. You can also check the website for your waiting list adjudication status or contact USCIS for further guidance on their unique cases.
Background and Security Checks
The U visa bona fide determination (BFD) Employment Authorization Document (EAD) process is an important step for those seeking U nonimmigrant status. This process involves thorough background and security checks for applicants, which are essential for maintaining national security and public safety.
As part of the BFD process, the United States Citizenship and Immigration Services (USCIS) conducts the necessary background checks on the principal petitioner. This is done to assess any potential risk to national security or public safety posed by the applicant. These checks are based on the applicant’s biometrics, which include fingerprints, photographs, and other relevant information.
As of June 14, 2021, the USCIS has started to review and update these background and security checks at regular intervals throughout the 4-year validity period of the BFD EAD. This is done to ensure that the principal petitioner or qualifying family member may maintain their BFD EAD and deferred action status until the final adjudication of their U nonimmigrant status application.
However, the exact timeline for the BFD EAD process remains uncertain, as the USCIS has not yet processed enough U visas to provide a clear picture for processing times. This means that it is currently difficult to determine how long it will take for an applicant to receive a decision on their BFD EAD request.
In conclusion, the background and security checks involved in the U visa BFD EAD process are crucial for protecting national security and ensuring public safety. These checks are carried out by USCIS and are regularly updated during the applicant’s 4-year validity period. While the exact processing time for the BFD EAD remains uncertain, applicants can be confident that their application is subject to thorough and consistent checks to maintain the integrity of the U visa program.
Timeline and Adjudication Process
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 1. The U Visa Bona Fide Determination (BFD) review process is currently underway, but it is uncertain how long the process will take, given the large number of pending applications 2.
The adjudication of U Visa BFD applications is a multi-step process. First, the petitioner must file a Form I-918, Petition for U Nonimmigrant Status, accompanied by any required waiver applications 3. Once this submission is complete, USCIS reviews the petition to determine the petitioner’s eligibility. Petitioners must demonstrate that they have been victims of qualifying criminal activity, suffered substantial harm as a result, and have been helpful to law enforcement in the investigation or prosecution of the crime.
If USCIS determines that the petitioner is eligible for U nonimmigrant status, they will assess whether the petitioner warrants a favorable exercise of discretion 3. This involves considering various factors, such as the petitioner’s criminal history, immigration violations, and the nature and severity of the qualifying criminal activity.
One of the critical aspects of the U Visa BFD process is determining processing times. USCIS updates its processing times periodically on their website, offering a helpful resource for applicants to keep track of their case progress 4. However, it is crucial to remember that processing times may vary depending on each individual case, and factors that can impact processing times include the volume of applications received and the complexity of the applicant’s specific situation.
In conclusion, the timeline and adjudication process for U Visa Bona Fide Determination applications can be uncertain. Applicants should closely monitor the USCIS website for updated processing times and maintain a clear understanding of their case status throughout the process.
Impact on Family Members and Derivatives
The U visa Bona Fide Determination (BFD) EAD processing impacts not only the principal petitioners but also their family members and derivatives. Under the new BFD review process, U visa petitioners who are considered bona fide can receive an Employment Authorization Document (EAD) and deferred action for a 4-year period. This process applies to principal petitioners as well as their qualifying family members.
Qualifying family members of a U-1 recipient are eligible for derivative U nonimmigrant status, which allows them to live and work in the United States with the U-1 recipient. Under the BFD process, when a U-1 recipient’s petition is deemed bona fide, qualifying family members may also receive their own EAD and deferred action for the same 4-year period.
The BFD review process affects both currently pending I-918 petitions and those filed on or after June 14, 2021. For cases where the USCIS does not adjudicate a principal petitioner or qualifying family member’s petition before the end of the 4-year validity period of the EAD and deferred action, the U visa petitioner and qualifying family members may apply to renew these benefits for another 4 years.
It is essential to note that petitioners and qualifying family members seeking U nonimmigrant status who the USCIS determines are inadmissible and do not warrant the favorable exercise of discretion to waive such inadmissibility are generally ineligible to receive visas or be admitted to the United States. In such cases, the BFD EAD process may not provide relief to these individuals or their family members.
In conclusion, the BFD EAD process plays a crucial role in providing work authorization and deferred action to both U-1 recipients and their qualifying family members while their U visa petitions are pending. This process helps to ensure eligible individuals and their families can maintain stability and support themselves during the waiting period.
Work Authorization and Green Card
U visa petitioners who receive a bona fide determination (BFD) can obtain work authorization in the form of an Employment Authorization Document (EAD). This allows them to legally work in the United States while their U visa application is pending. The BFD process is consistent with the William Wilberforce Trafficking Victims Reauthorization Act of 2008 (TVPRA 2008).
It is important to note that the adjudication of Form I-765 (work authorization application) filed by abused spouses or children of a U.S. citizen or lawful permanent resident does not begin until a final decision on their Form I-360 petition is made. Therefore, processing times for work authorization may vary depending on individual cases and the backlog at the U.S. Citizenship and Immigration Services (USCIS).
A U visa holder may eventually be eligible to apply for a green card, which signifies lawful permanent resident (LPR) status. As an LPR, an immigrant enjoys several benefits, including the ability to work and live permanently in the United States.
To apply for a green card as a U visa holder, they must meet the following eligibility requirements:
- Hold U nonimmigrant status for at least three years
- Have continuous physical presence in the U.S. during that time
- Be admissible to the United States as an immigrant
In conclusion, obtaining work authorization and a green card as a U visa petitioner may be possible through the BFD EAD process and meeting specific eligibility requirements. By achieving lawful permanent resident status, U visa holders can enjoy the benefits of working and living in the United States.
Fees and Case-by-Case Decisions
The U visa Bona Fide Determination (BFD) Employment Authorization Document (EAD) process is subject to fees and case-by-case decisions. USCIS has the discretion to grant employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions since June 2021.
When it comes to fees, applicants must generally submit filing fees for Form I-918, the petition for U nonimmigrant status. However, USCIS provides fee waivers for certain individuals who demonstrate an inability to pay. It’s important to carefully follow the fee waiver instructions and provide all the required supporting documentation.
USCIS evaluates U visa BFD EAD applications on a case-by-case basis, taking into account the specifics of each individual request. This could include a review of the applicant’s background, the nature of the criminal activity, and other factors relating to eligibility. In some cases, the applicant may receive a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if USCIS determines that more information is needed or if there are concerns about the applicant’s eligibility.
During the BFD review process, applicants may receive a prima facie approval, indicating that USCIS has found their U visa petition to present a credible case for further investigation. This does not guarantee final approval, but it is a positive step in the application process.
In summary, the U visa BFD EAD process involves fees and case-by-case decision-making that may require the applicant to provide additional evidence or even face the possibility of denial. Understanding the requirements and ensuring that the application is thorough and complete can help increase the likelihood of a favorable outcome.
Crimes and Inadmissibility
Crimes and Inadmissibility are essential factors to consider when discussing U visa BFD EAD processing time in 2023. Eligibility for U nonimmigrant status (U visa) is for victims of certain qualifying crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of the criminal activity.
Some of the qualifying crimes for U visa eligibility include, but are not limited to: murder, rape, sexual abuse, peonage, slavery, involuntary servitude, trafficking in persons, child pornography, and narcotics or drug-related offenses. These crimes are considered severe, impacting the victims and their families in various ways1.
It’s vital to note that some applicants might face inadmissibility issues, even if they meet the U visa eligibility criteria2. Inadmissibility grounds can range from criminal convictions, such as offenses involving firearms, explosive materials, or destructive devices, to aggravated assault.
To address these inadmissibility issues, applicants may need to file a waiver using Form I-192. USCIS will review each case on an individual basis, considering factors such as the severity of the crime, any rehabilitative efforts, and the potential public safety risk if the applicant is granted a waiver.
In conclusion, when discussing U visa BFD EAD processing time in 2023, it’s crucial to be aware of the qualifying crimes and the potential inadmissibility issues. Understanding these factors ensures a clear and comprehensive view of the application process and expectations.
Vermont Service Center and Filing Tips
The Vermont Service Center is one of the processing centers for U.S. Citizenship and Immigration Services (USCIS) petitions and applications. As of June 2023, the processing times for different types of visas and applications are available on the USCIS website or through their processing times portal.
For U visa applicants, it is crucial to file forms I-918 and I-765 correctly. The Form I-918 is the Petition for U Nonimmigrant Status, which is filed by noncitizens who are victims of certain crimes and are willing to assist law enforcement in the investigation or prosecution of the criminal activity. Concurrently, applicants can file Form I-765, Application for Employment Authorization, to receive a work permit while their U visa application is being processed.
When filing these forms at the Vermont Service Center, consider these filing tips:
- Ensure that all required supporting documents are submitted with the forms to avoid delays or potential denial of your application.
- Make sure to fill out the forms accurately and completely, as incomplete or inaccurate information can lead to processing delays or a denial of the application.
- Keep track of your application status online through the USCIS website, which enables you to monitor processing times and receive updates on your case.
It is essential for U visa applicants to remain patient during the processing period, as the number of U visas available each year is capped at 10,000. Due to this limitation, the processing times for U visas can be lengthy. To stay informed about any changes to the processing times at the Vermont Service Center, refer to the official USCIS website regularly.
Frequently Asked Questions
The U Visa Bona Fide Determination Employment Authorization Document (BFD EAD) is a type of work authorization available to noncitizens with pending U nonimmigrant status petitions. Understanding the process can be challenging, so we’ve put together a list of frequently asked questions to help clarify things.
Q: What is the Bona Fide Determination process for U Visa applicants?
A: The Bona Fide Determination (BFD) process is a discretionary practice implemented by the United States Citizenship and Immigration Services (USCIS). It allows employment authorization for noncitizens with pending, bona fide U nonimmigrant status petitions 1. This helps alleviate the burden associated with the existing U visa backlog.
Q: Who is eligible for the BFD EAD?
A: U petitioners who are living within the United States and have filed a pending, bona fide U nonimmigrant status petition can be eligible for the BFD EAD. However, U petitioners living outside the United States are ineligible for the BFD EAD and deferred action 3.
Q: How is a petition considered bona fide under INA 214(p)(6)?
A: According to the Immigration and Nationality Act (INA), a U nonimmigrant status petition is considered bona fide if it meets the criteria established by the INA 214(p)(6). This includes the proper submission of the application, the inclusion of an approved law enforcement certification, and the presence of a statement from the applicant describing their victimization 1.
Q: What is the processing time for BFD EAD applications in 2023?
A: Processing times can vary depending on factors such as the applicant’s individual case circumstances and USCIS workload. To find the most up-to-date processing times, you can visit the USCIS processing times webpage for more information.
Remember that questions related to immigration matters can be complex, and it’s essential to consult with a qualified immigration attorney or expert when navigating these issues.