U Visa Processing Time 2023: Key Factors and Estimations

The U visa is a special type of nonimmigrant visa that provides important immigration benefits to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. As the demand for U visas continues to grow, understanding the processing times for these applications is essential for applicants and their families.

In 2023, U.S. Citizenship and Immigration Services (USCIS) aims to reach pre-pandemic visa processing levels. However, it is important to note that actual processing times for U visa applications may vary due to factors such as the number of applications received, available resources, and the specific circumstances of each case. To monitor your progress and get the most accurate information, it’s essential to check your case status regularly with USCIS.

Overall, applicants should be prepared for potential fluctuations in U visa processing times in 2023. Staying informed about the latest updates and maintaining clear communication with immigration officials can help ensure that your application proceeds smoothly through the process.

U Visa Processing Time 2023

USCIS Processing Time

In 2023, the U visa processing time has seen some changes due to various factors. According to the USCIS Humanitarian Petitions report, it is evident that the processing times have increased over time. In the past, the median processing time from receipt of a U visa petition until placement on the waiting list was around 10 months, while placement until final adjudication took 17.3 months. However, current processing times may vary depending on several factors, and it is essential to stay updated with the USCIS’s information.

The USCIS Processing Times website can also be a helpful resource for checking updates on processing times for different forms and categories. It’s important to note that processing times may change due to factors such as workload, staffing, and other circumstances affecting individual cases.

Consulate or Embassy Stage

Once a U visa application is approved by the USCIS, the case is forwarded to the National Visa Center (NVC) for further processing. This stage involves the U.S. Embassy or Consulate, where applicants are required to attend an interview appointment.

The Global Visa Wait Times are constantly updated by the U.S Department of State, which provides an estimated wait time for interview appointments at U.S. Embassies or Consulates. These wait times can change weekly and are based on actual incoming workloads and staffing, so they are merely estimates and do not guarantee the availability of an appointment.

In 2023, the U.S. government has taken steps to address the visitor visa wait times by doubling the hiring of U.S. Foreign Service personnel for this crucial work. As a result, visa processing is rebounding faster than projected, and in the Fiscal Year 2023, the government expects to reach pre-pandemic visa processing levels.

By staying informed and monitoring the information provided by the USCIS and the U.S. Department of State, applicants can better navigate the U visa processing time and requirements throughout 2023.

Qualifying for U Visa

Eligibility Requirements

To qualify for a U visa, applicants must meet specific criteria. Some of these include:

• Being a victim of a qualifying criminal activity
• Having suffered substantial physical or mental abuse as a result of the crime
• Possessing credible and reliable information about the crime
• Assisting or being willing to assist law enforcement in the investigation or prosecution of the crime

Applicants can petition for temporary immigration benefits for themselves and their qualifying family members using Form I-918.

Qualifying Criminal Activity

To be eligible for U nonimmigrant status, victims must have experienced one of several qualifying criminal activities. Common examples of such crimes include:

• Domestic violence
• Sexual assault
• Human trafficking
• Kidnapping
• Murder
• Stalking

A complete list of qualifying criminal activities can be found on the USCIS website.

It is essential to remember that U visa applicants must assist authorities as needed and provide evidence that their experience resulted in significant physical or mental harm. Additionally, the crime must have occurred in the United States or violated U.S. laws.

Application Process

Form I-918

The Form I-918 is the main application used to petition for U Nonimmigrant Status. This form is for victims of qualifying criminal activities who seek temporary immigration benefits for themselves and their qualifying family members. Filling out Form I-918 accurately and providing all required information is crucial to ensure that the application process goes smoothly.

Applicants should ensure they read the instructions carefully and respond to all questions to avoid delays in processing time. It is essential to submit the form along with the required filing fee to the proper address.

Supplement A

Supplement A is part of the U visa application process and should be submitted along with Form I-918 if the applicant wishes to include eligible family members for the immigration benefits. This includes spouses, children, and in some cases, parents and siblings. Each qualifying family member should be listed on a separate Supplement A form.

It’s important to fill out the form with accurate information about each family member and to provide their date of birth, country of birth, and relationship to the U visa applicant.

Supplement B

Supplement B is another critical component of the U visa application process. This form is utilized to obtain a certification from a designated law enforcement authority that verifies the applicant is a victim of a qualifying crime and has assisted or is willing to assist law enforcement in the investigation or prosecution of the criminal activity.

It is crucial to submit a completed and signed Supplement B along with the Form I-918 application. This supplement demonstrates the applicant’s cooperation with law enforcement and is a requirement for U visa eligibility.

Supporting Documents

In addition to the Form I-918 and its supplements, applicants need to provide supporting documentation as part of their U visa application. This might include:

• Police reports or court documents showing the crime occurrence
• Documentation of the applicant’s cooperation with law enforcement
• Medical records or psychological evaluations that detail the harm suffered by the applicant as a result of the crime
• Affidavits from witnesses or other individuals with knowledge of the crime and its impact on the applicant

Providing these supporting documents helps USCIS to better assess the merits of the application and determine eligibility for U visa approval.

Visa Appointment and Interview

Scheduling Appointment

When applying for a U Visa in 2023, acquiring an interview appointment is an essential part of the process. The estimated wait time for a visa appointment at a U.S. Embassy or Consulate can vary from week to week, based on workload and staffing. It is important to monitor the appointment wait time closely to secure an interview appointment at the earliest possible date.

To schedule an appointment, applicants should:

1. Complete the necessary forms and gather supporting documentation
2. Pay relevant visa fees
3. Schedule the interview appointment online or through the embassy’s call center

Preparing for the Interview

Once the appointment is scheduled, applicants must prepare for the visa interview at the U.S. embassy or consulate. Preparation is crucial for a successful outcome, and applicants should:

• Review their application and supporting documents to ensure accuracy and consistency
• Anticipate potential interview questions and practice answering them succinctly
• Dress appropriately for a professional interview

Tip: Keep the original documents handy during the interview, as the consular officer may ask to review them.

Interview Waiver

In some cases, applicants may be eligible for an interview waiver, which allows the applicant to forego the in-person interview at the U.S. embassy or consulate. Eligibility for an interview waiver is determined on a case-by-case basis, considering factors such as the applicant’s age, visa classification, and prior visa history.

Keep in mind that receiving an interview waiver does not guarantee visa approval. Applicants should continue to monitor their case status and follow any instructions provided by the U.S. embassy or consulate.

Employment and Travel Benefits

Employment Authorization Document (EAD)

Applicants for a U visa can also apply for an Employment Authorization Document (EAD), which allows them to work in the United States. To receive an EAD, they must first file Form I-765, Application for Employment Authorization, along with their U visa application. The processing time for EADs varies, but applicants can typically expect to wait several months before receiving the document. Once approved, the EAD is usually valid for the same duration as the U visa.

It is important to note that the EAD is only valid while the U visa status is maintained. If an applicant’s U visa status expires or is terminated, their EAD will also become invalid. It is essential to keep track of the expiration dates and renew the EAD as needed.

Travel Restrictions and Waivers

U visa holders may face certain travel restrictions when leaving and re-entering the United States. Generally, U visa holders are required to obtain advance parole, a re-entry permit, before traveling outside the country. This is done by filing Form I-131, Application for Travel Document. If a U visa holder travels without obtaining advance parole, they could face difficulties when attempting to return to the United States, and in some cases, they may lose their U visa status altogether.

In some situations, U visa holders may need to request a waiver for specific grounds of inadmissibility, such as a criminal history or previous immigration violations. To request a waiver, applicants must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Granting a waiver is at the discretion of USCIS, and a positive outcome is not guaranteed. It is crucial for U visa holders with such circumstances to seek legal advice before traveling outside the United States.

Overall, understanding the employment and travel benefits associated with the U visa is essential for applicants seeking to work and travel during their time in the United States. Being aware of the necessary steps to obtain an EAD, navigate travel restrictions, and request waivers can help ensure a smooth experience while maintaining their U visa status.

Family Members and Derivative Status

Principal Petitioner

The principal petitioner is the individual applying for the U visa based on their status as a victim of a qualifying crime. The U visa allows this individual to receive temporary immigration benefits and protection in the United States. Along with the principal petitioner, certain qualifying family members can also benefit from derivative U status.

Qualifying Family Members

The principal applicant in a U visa case can petition for derivative U status for certain qualifying family members. This can be done by submitting a Form I-918A, Petition for Qualifying Family Member of U Visa Recipient, either during the application process or after approval of the principal petitioner’s U visa.

Parents: If the principal petitioner is under 21 years of age, they can petition for derivative U status for their parent(s).

Spouse: The principal petitioner can petition for their spouse, regardless of the petitioner’s age.

Children: If the principal petitioner is 21 years old or older, they can petition for their unmarried children under the age of 21.

Sibling(s): The principal petitioner can petition for their unmarried sibling(s) under the age of 18, but only if the principal petitioner is under 21 years old.

The process for obtaining derivative U status for qualifying family members aims to offer protection and support not only to the victim of a crime but also to their immediate family members who could be affected as well. By granting derivative U status, the United States acknowledges the importance of family unity during challenging times.

COVID-19 Effects on U Visa Processing

Visa Application and Appointment Delays

The COVID-19 pandemic has had a significant impact on U visa processing times. Due to the reduced capacity of visa processing services, many applicants have experienced delays in the processing of their applications and scheduling of visa appointments. According to travel.state.gov, the Department of State has faced constraints in providing timely visa services due to travel restrictions and local restrictions on public places, such as consular waiting rooms.

The pandemic has led to a backlog of applications, which means applicants may have to wait longer than the usual processing times. To help manage these delays, U.S. Citizenship and Immigration Services (USCIS) has extended COVID-19-related flexibilities through March 23, 2023. This extension allows for a 60-calendar-day grace period for responses to specific requests or notices, as long as they were issued between March 1, 2020, and March 23, 2023.

U.S. Embassy and Consulate Operations

As COVID-19 restrictions have eased, most U.S. embassies and consulates have resumed certain immigrant and nonimmigrant visa appointments, including for U visas. However, the resumption of services can vary by country, and applicants should check the current status of visa services in their respective country to understand the availability of appointments.

It is important to note that global visa wait times can change on a weekly basis, as they are based on incoming workload and embassy or consulate staffing levels. Applicants are encouraged to stay informed and be prepared for potential fluctuations in wait times.

In conclusion, the COVID-19 pandemic has had a profound effect on U visa processing times, leading to delays in applications and appointment scheduling. However, as restrictions are gradually lifted, visa services are resuming and applicants should stay informed on the latest updates and changes in wait times.

Conclusion

The processing time for U visas in 2023 can vary, and it is essential to be prepared for potential wait times. Factors such as the number of applications, workload, and staffing at the immigration office can impact the timeline. You can find the current average I-918 processing times on the EZ485 website.

If you are applying for a U visa, consider taking steps to expedite your case. Ensure that you gather all the necessary documents and information before submitting your application. It is crucial to provide accurate details and comply with any requests from immigration authorities. This can assist in securing a timely decision on your case.

It is worth noting that these processing times are estimates and do not guarantee a specific outcome. Keep an eye on the USCIS processing times and the Global Visa Wait Times for updates. This will enable you to adjust your plans accordingly and be ready for life with U nonimmigrant status.

In conclusion, understanding the U visa processing time in 2023 is crucial for those seeking this form of relief. By staying informed on the latest updates and taking appropriate steps, you can better navigate the process and secure a favorable decision.