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U Visa Processing Time 2018: A Quick Overview of the Timeline
The U visa is a unique type of visa available to victims of certain crimes in the United States who have suffered substantial mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the criminal activity. The process for obtaining a U visa involves several steps, including filing a petition and waiting for approval, which can sometimes take an extended period of time.
In recent years, the processing time for U visa petitions has seen an increase. From fiscal years 2012 through 2018, the number of principal petitioners who filed for a U visa doubled between fiscal year 2018 and 2019, indicating a growing trend in the demand for this type of assistance. Notably, during the fourth quarter of fiscal year 2020, the median processing time from receipt until waitlist placement was 50.9 months.
This significant increase in processing time has implications for those awaiting a decision on their case. As the need for U visa assistance grows, it is important to understand the factors affecting these timelines and potential changes on the horizon in order to better serve affected individuals and their families.
Overview of U Visa
The U visa is a type of nonimmigrant visa specifically designed for victims of certain crimes who have suffered substantial mental or physical abuse. Established in 2000 through the Victims of Trafficking and Violence Protection Act, it serves as a useful tool for law enforcement in detecting, investigating, and prosecuting serious criminal activities.
Eligible applicants for the U visa must be able to demonstrate that they have been helpful, are currently helping, or will likely be helpful in the investigation or prosecution of the criminal activity. This assistance is essential in securing the U nonimmigrant status. In many cases, the applicant must obtain a Certification of Helpfulness from a qualifying agency to support their application.
Once approved, the principal U visa holder automatically receives a work permit. Derivative applicants, such as family members, will also receive a work permit if the required forms were filed concurrently with the I-918A application. This allows the individual to live and work legally in the United States while their case is processed.
Though a valuable resource for victims, the processing time for U visa applications has been lengthy, with cases in 2018 taking up to several years for approval. Applicants undergo background checks, biometrics, and a thorough review of supporting documentation before receiving an approval notice and a work permit.
The U visa program not only helps victims recover from abuse and trauma but also enhances the ability of law enforcement agencies to investigate and prosecute violent crimes effectively. By providing temporary, nonimmigrant status to eligible victims, the program promotes a safer environment and holds criminals accountable for their actions.
U Visa Application Process
The U Visa application process begins with the submission of Form I-918. This form is used by petitioners, known as principal petitioners, to apply for U nonimmigrant status along with supporting evidence and any petitions for derivative family members 1. The Form I-918, Supplement B, is required and must be valid, which means it should be no more than six months from the date of certification 2.
After submitting the form to the USCIS, the processing time for U Visa applications can vary. In 2018, it took up to around six years to fully process U visa applications. This included biometrics (photographs and fingerprints), processing of all forms and supporting information (such as the Certification of Helpfulness by a qualifying agency), and finally, issuing an approval notice and work permit 3. As of the fourth quarter of FY2020, 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 4.
During the application process, petitioners might also receive a Bona Fide Determination from USCIS. This would indicate that the application has met certain requirements and is waiting in the queue for further processing 5.
It is important for applicants to provide all required documentation and adhere to the guidelines set forth by USCIS, as this will help increase their chances of a successful application. Remember, U Visa processing times can change, so it’s essential to stay updated with any changes in the application process.
Processing Times
In 2018, the processing times for U visa petitions were notably lengthy. According to a USCIS report, the median time from receipt of a U visa petition until placement on the waiting list was 50.9 months in the fourth quarter of FY 2020. Additionally, the processing time from waitlist placement until final adjudication was 10.0 months.
Processing times for U visas are subject to variation depending on factors such as the number of applications received, the complexity of each case, and changes in immigration policies. It’s essential to understand that these processing times are not guarantees and can change based on individual circumstances.
In terms of the bona fide determination process, this step in U visa processing provides an assessment of whether an application has enough merit to proceed further in the process, often leading to deferred action. Deferred action is a discretionary decision made by USCIS that allows an applicant to temporarily remain in the United States and avoid removal. It does not provide lawful status, but it does offer reprieve from deportation and work authorization for a designated period.
To speed up case processing times, USCIS focuses on ensuring that each petition receives a thorough review to assess eligibility and prevent fraud. Additionally, USCIS prioritizes applications that demonstrate a greater need for immediate relief and maintains a transparent queue system for fair application management.
Understanding U visa processing times and procedures is vital for both applicants and their legal representatives. Constantly monitoring updates and maintaining compliance with USCIS guidelines can help streamline the process and increase the likelihood of a successful outcome.
U Visa Eligibility and Requirements
The U Visa is a nonimmigrant visa available for victims of certain crimes who have suffered physical abuse or significant mental harm and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. To be eligible for a U Visa, applicants must meet specific criteria and provide substantial evidence supporting their claim.
Firstly, the applicant must be a victim of a qualifying criminal activity. This includes a range of offenses, such as domestic violence, sexual assault, and human trafficking. The crime must have occurred in the United States or violated U.S. laws. Moreover, the individual should have experienced substantial physical or mental harm as a direct result of being a victim of the crime.
Secondly, the victim must be willing to provide information, assistance, or support to law enforcement or government officials investigating or prosecuting the crime. This may involve cooperating with the police, district attorney’s office, or other relevant authorities. In support of their application, the victim must obtain a certification form (Form I-918B) completed by a qualified law enforcement representative or government official.
Applicants need to demonstrate their admissibility to the United States as well. However, if the applicant is found to be inadmissible, they may seek a waiver through Form I-192. It is crucial to provide credible and reliable information at all times while applying for a U Visa.
It is essential to note that the U Visa’s processing time can vary depending on the case and USCIS workload. As of 2018, the processing time was often lengthy due to the high demand and limited number of visas available per year. Applicants need to be patient and ready to provide any additional information or documentation requested by the authorities.
In conclusion, U Visa applicants must meet strict eligibility requirements and provide substantial evidence supporting their claim while also demonstrating a willingness to assist law enforcement and government officials as needed. It is crucial for applicants to be truthful and thorough when preparing and submitting their application to increase the likelihood of obtaining a U Visa.
Form I-918 and Form I-918A
The Form I-918 is required for applicants seeking U nonimmigrant status, which aids victims of qualifying criminal activities who are willing to assist law enforcement in the investigation or prosecution of said criminal activities. In order to petition for U nonimmigrant status, applicants must file the Form I-918 with the U.S. Citizenship and Immigration Services (USCIS).
In addition to the Form I-918, applicants may also need to include a Form I-918A in their petition. Form I-918A is used specifically for a Petition for Qualifying Family Member of U-1 Recipient. It allows certain qualifying family members of U nonimmigrant status holders to obtain derivative nonimmigrant status. This can be particularly helpful for applicants who want to ensure their family members are protected from potential harm or deportation.
Both forms play pivotal roles in the U visa application process and must be submitted accurately and completely. The processing time for U visa petitions largely depends on the number of petitions received by USCIS. It is essential to stay updated on the processing times so applicants know when to expect a decision regarding their application.
In summary, the Form I-918 is an essential document for those seeking U nonimmigrant status, while Form I-918A is designed for qualifying family members of U-1 recipients. Ensuring that these forms are completed accurately and submitted within the appropriate time frame can be crucial for a successful petition.
Service Centers
The processing time for U visa applications can vary depending on the service center handling the case. In 2018, two major service centers were involved in processing these petitions: the Vermont Service Center and the Nebraska Service Center.
Strongly committed to the well-being of U visa applicants, the Vermont Service Center has been working to &reduce the backlog and expedite 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. Once applicants were placed on the waitlist, the processing time until final adjudication was 10.0 months.
Similarly, the Nebraska Service Center has been working diligently to process U visa applications efficiently and accurately. Both service centers share the responsibility of reviewing and approving Form I-918, the Petition for U Nonimmigrant Status.
The cooperation between the Vermont and Nebraska Service Centers demonstrates a continued effort by USCIS to streamline processes and improve efficiency for U visa applicants. By working together and distributing the workload, these service centers strive to achieve consistency and fairness in decision-making while ensuring the timely processing of U visas for eligible applicants.
While processing times may fluctuate throughout the years, it is important for U visa applicants to stay informed about the latest processing times and to submit their applications with all required documentation. This can help minimize any potential delays and ensure that all applications are reviewed thoroughly and fairly.
U Visa Cap and Waiting List
The U Visa program sets a statutory cap of 10,000 principal U-1 visas per fiscal year. This limit does not include certain qualifying family members who are eligible for a derivative U visa. Due to this cap, a waiting list is created for eligible applicants who have not yet been granted a U visa.
In 2018, the processing time for U visa applications experienced significant delays. As of 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. From waitlist placement until final adjudication, the processing time was an additional 10.0 months. This means that it could take up to around six years for USCIS to fully process U visa applications, including biometrics, processing of all forms and supporting information, and finally issuing an approval notice and work permit, as mentioned by Nolo.
It’s important to note that principal U visa applicants will receive a work permit automatically upon approval of the U visa. Derivative U visa applicants will also receive a work permit automatically upon approval if their I-765 form was filed concurrently with the Form I-918A. If not, a derivative applicant may elect to file the I-765 form after approval of the U visa.
As the demand for U visas continues to grow, the waiting list for approval may get longer. Applicants should be prepared for delays and ensure that they submit all necessary documentation and information with their application to prevent further hold-ups in the processing timeline.
Work Authorization and Green Card
The U visa, reserved for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement, includes provisions for work authorization and a path to permanent residency (Green Card). In 2018, the processing times for U visa applications experienced significant delays, with a median processing time of around 50.9 months before placement on the waiting list.
U visa applicants who submitted a Form I-765 (Application for Employment Authorization) with their petition could receive a 2-year work authorization while awaiting approval of their U visa application. This allowed eligible petitioners to work legally in the United States during the lengthy application process.
Once granted a U visa, the individual can apply for a Green Card after maintaining continuous physical presence in the United States for at least 3 years. Employment authorization is valid throughout this period, offering stability and support while working towards permanent residency. It is essential to maintain a valid work authorization by timely renewing it if necessary.
While U visa holders do not receive automatic citizenship, obtaining a Green Card through their U visa status is a significant step towards eventual U.S. citizenship. After holding a Green Card for five years and fulfilling additional requirements such as continuous residence and good moral character, they can apply for naturalization to become U.S. citizens.
The lengthy processing times for U visa cases can be frustrating, but staying informed and following proper procedures can help applicants successfully obtain their work authorization and eventual permanent residency.
Consular Processing
U visa consular processing refers to the processing of U visa applications by a consular section overseas. The process typically involves a visa applicant submitting the required documents, and a consular officer reviewing the application to make a final decision on whether or not to grant the visa.
During the consular processing, visa applicants need to ensure that all their documents, including the Form I-918, Supplement B, are up to date. It is important to note that this form is only valid for six months from the date of certification source. Thus, the applicants must ensure that their certification is not expired.
The processing time for U visa applications in 2018 was relatively long. In the first quarter of FY 2016, the median processing time from receipt of a U visa principal petition until placement on the waiting list was 10.0 months, and the median processing time from waitlist placement until final adjudication was 17.3 months source. However, U visa processing times have been known to vary, sometimes taking up to six years for USCIS to fully process the applications source.
Once the U visa is approved, the visa stamp will be placed on the applicant’s passport and mailed approximately a week later. The applicant is then ready to enter the United States source.
Throughout the consular processing, communication between the visa applicant and the consular officer is crucial. The applicant must provide accurate information and documentation to support their case, while the consular officer must follow the appropriate regulations and procedures to ensure a fair review of the application.
Additional Factors
When discussing U visa processing times from 2018, it’s essential to consider various factors that could impact the timeline. One of these factors is the precise completion and submission of the required documents, such as Form I-526, which plays a crucial role in determining eligibility for the U visa.
Another factor is the thoroughness of the investigation conducted by law enforcement agencies. The purpose of the U visa is to protect victims of specific crimes who cooperate with authorities during investigations and prosecutions. Consequently, the progress and results of the investigation have a direct impact on the processing time for U visa applications.
In addition to those factors, an applicant’s admissibility also affects processing times. Potential U visa holders must meet certain admissibility requirements, which include passing background checks and proving that they were victims of a qualifying criminal activity. Meeting these requirements can take time, thus prolonging the processing period.
Derivative U visa applications filed by eligible family members of the principal U visa applicant might also affect processing times. USCIS evaluates each family member’s application on its merit, which may add some complexities and delays to the process.
Furthermore, changes in immigration laws and policies could have a significant impact on U visa application processing times. For instance, if the government decided to prioritize certain cases or if new regulations were introduced, the general processing timeline might be influenced.
Finally, it’s essential to submit any additional information requested by USCIS promptly. Delays in providing the required supplementary documentation could further extend the U visa processing time. Maintaining clear communication with USCIS and staying updated on the progress of your application is highly recommended.
While it’s difficult to predict the exact duration of U visa processing times, understanding these additional factors can provide a more informed perspective on the process.
Footnotes
- https://www.uscis.gov/sites/default/files/document/reports/Mini_U_Report-Filing_Trends_508.pdf ↩
- https://immigrantjustice.org/sites/default/files/uploaded-files/no-content-type/2018-10/FrequentlyAskedQuestions_U%20Visa_2018_10.pdf ↩
- https://www.nolo.com/legal-encyclopedia/how-long-will-it-take-get-u-visa.html ↩
- https://www.uscis.gov/sites/default/files/document/reports/USCIS-Humanitarian-Petitions.pdf ↩
- https://www.uscis.gov/I-918 ↩