Legal Status While Waiting On A U Visa

What’s My Legal Status While Waiting On A U Visa?

Acquiring a U visa can be a lengthy endeavor. As of June 2021, USCIS reported reviewing applications from 2016, marking a five-year waiting period. Present-day applicants may face even longer waits, as the number of submissions has surged since 2016.  The drawn-out timeline results from the annual cap of 10,000 U visas imposed by Congress, which pales in comparison to the overwhelming demand. Due to the extensive review process for U visa applications, USCIS might grant you a work permit and deferred action while awaiting a final decision.  Although deferred action is not an immigration status, it allows USCIS to provide a work permit, enabling legal employment during the U visa evaluation. Deferred action also signifies a low deportation priority, reducing the likelihood of deportation while waiting for your U visa. Two avenues exist for obtaining a work permit and deferred action:

1. Through bona fide determination
2. Via the waitlist.

Bear in mind, though, that both processes will likely span years from the day of your U visa application submission.

Bona Fide Determination:

In this step, USCIS conducts a basic review of your Form I-918 (U visa application form) and Form I-918 Supplement B (law enforcement certification) to ensure they are complete and properly filed. Additionally, they confirm you provided a personal statement about the crime and run a criminal background check on you. USCIS then weighs the pros and cons of granting you a work permit and deferred action. If the advantages prevail, they will issue a work permit and deferred action for four years, renewable until your U visa is finalized.  USCIS will not grant a bona fide determination and work permit if any of the following apply:

• Incomplete or improperly filed Form I-918 or Form I-918 Supplement
• No personal statement provided
• Biometrics (fingerprints) not completed
• USCIS deems you a threat to public safety or national security

For derivative family members in the United States, USCIS can also grant work permits and deferred action. Derivatives must demonstrate their Form I-918 Supplement A (derivative application form) is complete and properly filed and that they have a qualifying relationship to you (e.g., spouse, child under 21, or parent or unmarried sibling under 18 if you were under 21 when filing your U visa).  USCIS also conducts a criminal background check on them and evaluates the pros and cons before deciding to grant a four-year work permit and deferred action.  USCIS will not grant your family members a bona fide determination and work permit if any of the following apply:

• The primary applicant does not receive a bona fide determination
• Incomplete or improperly filed Form I-918 Supplement A
• No evidence of relationship to the primary applicant
• Biometrics (fingerprints) not completed
• USCIS deems family members a threat to public safety or national security

Waitlist

If USCIS opts against granting a work permit through bona fide determination after a basic review, they will conduct a full review of your application.  If they are likely to approve your U visa application but have exhausted the current year’s visa allocation, they will place you on a waitlist, providing a work permit and deferred action for four years, renewable until a U visa becomes available. USCIS will also place derivatives on the waitlist and grant deferred action and work permits if they are likely to approve the derivatives’ applications. USCIS may take several years to complete either a bona fide determination or waitlist review due to the sheer volume of U visa applicants. While waiting, you will not have a work permit, legal status, or protection from deportation

What Can I Do While Waiting On U Visa?

While waiting for the bona fide determination or waitlist review, it’s important to stay patient and keep a positive attitude. The process may feel frustrating, but try to remember that many others are also in a similar situation, and you’re not alone in this journey.

Seek Attorney To Expedite BFD

In recent times, many attorneys have sought assistance from federal courts to expedite work permit processing and prevent the deportation of U visa applicants during the evaluation process.  If your attorney is considering filing in federal court, it’s a good idea to ask them to reach out to ASISTA, a national non-profit specializing in immigration law, for guidance and support. Attorneys typically range from $3,000 to $5,000 to represent you and expedite your work permit.

Expedite Your BFD The “Pro Se” Way

We’ve partnered with a leading immigration attorney in the space to offer a more effective process to expedite your work authorization. In our experience, application delays require a very specific complaint and filing process to ensure the best outcome for your case. Learn how we can help you serve the government to expedite your EAD and receive a response in 60 days or less.

Be Your Best Advocate

Lastly, remember to lean on your support network of friends, family, and community organizations. They can provide invaluable encouragement and guidance throughout the U visa application process.  By staying positive, focused, and engaged, you’ll be better prepared for the next steps in your journey, regardless of the waiting time. Stay strong and keep the faith—your perseverance will pay off in the end!