U Visa Bona Fide Determination Processing Time 2023: Key Factors and Expectations

The U visa is a nonimmigrant status created to protect victims of certain crimes, offering them an opportunity to cooperate with law enforcement and remain in the United States legally. To qualify for this status, applicants must demonstrate that they have suffered significant mental or physical abuse and have useful information regarding the crime. One critical aspect of the U visa application process is the bona fide determination, which evaluates the credibility and validity of the petitioner’s claim before granting work authorization and deferred action.

The United States Citizenship and Immigration Services (USCIS) introduced a new process for bona fide determination in June 2021 to address the growing backlog of U visa applications and help eligible petitioners and their family members to secure work authorization and deferred action while waiting for full adjudication. This process allows USCIS to prioritize cases based on the applicants’ submissions and supporting evidence, enabling a more efficient and transparent system for processing U visa applications.

In 2023, it remains essential for prospective U visa applicants to understand the current bona fide determination process as it plays a crucial role in successfully obtaining work authorization and deferred action in a timely manner. By staying up to date on this process and the expected processing times, applicants can better prepare their applications and effectively navigate the complexities of the U visa program.

Overview of U Visa Bona Fide Determination in 2023

Purpose of Bona Fide Determination

The U Visa Bona Fide Determination was introduced to address the massive backlog and limitations in issuing U visas, which are capped at 10,000 annually by the U.S. government. This process allows certain individuals who have filed U visa petitions to receive employment authorization and deferred action while they await a final adjudication of their petition for U nonimmigrant status. The primary objective of introducing the bona fide determination process is to conduct initial reviews of U nonimmigrant status petitions more efficiently and provide eligible victims of qualifying crimes with the necessary support while they wait for the final decision on their petition.

Role of USCIS in Bona Fide Determination

The United States Citizenship and Immigration Services (USCIS) plays a crucial role in the bona fide determination process for U visa applicants. In June 2021, USCIS implemented the bona fide determination process, aiming to improve the efficiency of the U nonimmigrant status petition reviews. USCIS has the discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions.

Once a U visa petition is submitted, USCIS will determine whether the petition is complete and appears to meet the eligibility requirements. If it meets those requirements, the petitioner will receive a positive bona fide determination and may be granted employment authorization and deferred action for a specified period. This allows petitioners and their family members to have some form of legal protection and job prospects while awaiting full adjudication of their U visa petition.

In summary, the U visa bona fide determination process implemented by USCIS aims to address the backlog in U visa cases and offer support to eligible victims of qualifying crimes who are waiting for their U nonimmigrant status decision. By granting employment authorization and deferred action, the process ensures these individuals can better integrate into society while they seek legal relief.

U Visa Application Process and Requirements

Filing Form I-918 and Supplements

To apply for U nonimmigrant status, the applicant must file Form I-918. This form includes the main petition and several supplements like Supplement A and Supplement B. It is crucial to complete all the appropriate forms and supplements to start the application process.

Supporting Documents and Initial Evidence

When filing Form I-918, applicants must provide initial evidence to prove they meet the eligibility requirements for U nonimmigrant status. This may include documents that indicate the applicant:

• Is a victim of a qualifying criminal activity.
• Has suffered physical or mental abuse as a result of the crime.
• Possesses information about the criminal activity.
• Is helpful to law enforcement in the detection, investigation, or prosecution of the crime.

Role of Law Enforcement and Supplement B

An essential part of the U visa application process involves law enforcement. The applicant must obtain a Form I-918, Supplement B, U Nonimmigrant Status Certification. This form must be signed by an authorized official from the certifying law enforcement agency, demonstrating that the applicant has been or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity.

Qualifying Family Members and Form I-918, Supplement A

Certain qualifying family members of the principal U visa petitioner are also eligible for U nonimmigrant status. These eligible family members include spouses, children, and parents (if the petitioner is under 21 years of age). To request U nonimmigrant status for qualifying family members, the applicant must submit a completed Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, alongside the principal petitioner’s Form I-918.

After filing Form I-918 and the required supplements, applicants will be subject to a bona fide determination process. This process, implemented in June 2021, enables certain petitioners and their qualifying family members to receive four-year work authorization and deferred action while waiting for full adjudication of their petition. The processing time may vary; refer to the USCIS website for updates on processing times.

Bona Fide Determination Processing Time

Factors Affecting Processing Time

The processing time for U visa bona fide determinations can vary depending on several factors. These can include the complexity of the case, the volume of cases being processed by USCIS, as well as the thoroughness and timeliness of the documentation submitted by the petitioner. Ensuring that the Form I-918 is complete and includes all the necessary evidence can help expedite the bona fide determination process.

Case Processing Times and Receipt Date

USCIS provides historical data for case processing times, which can help provide an idea of the expected timeline for a U visa bona fide determination in 2023. It’s essential to note that processing times may differ from previously published reports due to updates in the system and post-adjudicative outcomes. Petitioners can refer to the receipt date of their application for a more accurate processing time estimate.

USCIS Policy Manual and Waiting List Adjudication

The USCIS Policy Manual outlines the criteria that must be met for a U visa petitioner to be considered bona fide. This includes properly filing the Form I-918 with all required initial evidence, except for Form I-192. If a petitioner is found to be bona fide, they may be granted deferred action and placed on a waiting list for U nonimmigrant status.

While on the waiting list, petitioners who have received a bona fide determination may also be eligible for employment authorization. USCIS continues to evaluate petitioners on the waiting list and will approve petitions as U nonimmigrant visas become available, with a strict annual cap in place.

Ultimately, understanding the factors affecting processing times, using the correct receipt date, and familiarizing oneself with the USCIS Policy Manual can help petitioners estimate their U visa bona fide determination processing time in 2023.

Employment Authorization and Deferred Action

Employment Authorization Document (EAD) Application and Renewal

The bona fide determination process allows eligible victims of qualifying crimes to receive employment authorization while they await a final adjudication of their petition for U nonimmigrant status. This employment authorization is granted through the issuance of an Employment Authorization Document (EAD), which is valid for a four-year duration source.

To apply for the initial EAD, petitioners must:

• Submit Form I-765, Application for Employment Authorization
• Provide evidence to prove their U nonimmigrant status eligibility and claim
• Await the USCIS bona fide determination

In the case of EAD expiry, petitioners should apply for renewal by submitting a new Form I-765 within 120 days before the current EAD expiration date. Timely submissions enable uninterrupted work authorization source.

Deferred Action Status

During the waiting period for the adjudication of their U nonimmigrant status petition, petitioners may receive a deferred action status. Deferred action protects petitioners and qualifying family members from deportation, providing temporary relief while USCIS deems their petition as “bona fide” source.

It is crucial to note that deferred action is a discretionary, temporary form of relief and does not provide a direct path toward legal permanent residency or citizenship.

U Nonimmigrant Status

U nonimmigrant status, also known as the U visa, offers protection to victims of qualifying crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. A capped 10,000 U visas can be issued annually; however, eligible petitioners may receive an EAD and deferred action through the bona fide determination process while waiting for their U visa approval source.

Remember that obtaining U nonimmigrant status involves a thorough documentation process and requires meeting specific eligibility criteria. Be cautious but hopeful in the pursuit of this immigration relief option.

Factors Influencing Bona Fide Determination Outcomes

Personal Statement and Credible Evidence

An applicant’s personal statement and credible evidence play a crucial role in the bona fide determination for a U visa. The personal statement should provide a clear and concise account of the qualifying crime, the applicant’s victimization, and any subsequent cooperation with law enforcement. Presenting strong and credible evidence, such as police reports, court documents, or affidavits from witnesses, can significantly support an applicant’s claim for a U visa.

Background and Security Checks

Background and security checks are a vital component of the U visa determination process. USCIS conducts thorough checks to ensure that the applicant does not pose a risk to national security or public safety. These checks may involve reviewing criminal records, immigration history, and other relevant information. Any red flags found during these checks can negatively affect the determination outcome.

Adverse Information and Discretion

Even if an applicant meets all the eligibility requirements for a U visa, USCIS may exercise its discretion and deny the application based on adverse information. Such information could include past criminal activity, immigration violations, or other negative factors. Applicants should be prepared to address any adverse information and provide explanations or supporting documentation when required.

Qualifying Crimes and Criminal Activity

To be eligible for a U visa, the applicant must have been a victim of a qualifying crime and have suffered substantial physical or mental abuse as a result of that crime. Some examples of qualifying crimes are domestic violence, sexual assault, and human trafficking. However, it is essential to note that the involvement in criminal activity, even as a victim, may raise concerns during the bona fide determination process. Being a U-1 recipient also requires cooperation with law enforcement in the investigation or prosecution of the crime.

In conclusion, the Bona Fide Determination outcomes for U visa applicants in 2023 can be significantly influenced by personal statements, credible evidence, background and security checks, and the specific circumstances surrounding adverse information and qualifying crimes. Ensuring clear and honest communication, thorough documentation, and cooperation with law enforcement can increase the applicant’s chances of a favorable outcome.

Additional Considerations for U Visa Applicants

Immigration Attorney and USCIS Resources

Consulting with an immigration attorney is highly recommended for U Visa applicants to navigate the complex process and to maximize the chances of a successful application. An attorney can provide guidance on documentation, witness statements, and other critical aspects of the application process. Additionally, the United States Citizenship and Immigration Services (USCIS) offers resources and forms related to U Visa applications, including a Bona Fide Determination (BFD) that plays a role in granting employment authorization.

Validity Period and U Nonimmigrant Visas Renewal

The validity period of a U Nonimmigrant Visa is four years. However, extensions are available under specific circumstances such as delays in consular processing, requests from law enforcement or the Department of Homeland Security, and other exceptional circumstances. It is crucial to be aware of your U Visa’s expiry date and potential renewal procedures to maintain your immigration status.

Pathway to Green Card and U.S. Citizenship

After holding a U Visa for three years, eligible applicants may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Obtaining a Green Card through U Visa status is governed by the Immigration and Nationality Act (INA). With permanent residency, holders can work and live in the U.S. indefinitely and also sponsor certain family members for permanent residency.

Once an individual has held the Green Card for five years (or three years if married to a U.S. citizen), they may apply for U.S. citizenship by filing Form N-400, Application for Naturalization. The applicant must meet the criteria for naturalization, including good moral character, English language ability, and knowledge of U.S. history and government.

Frequently Asked Questions

BFD processing time in 2023?

The Bona Fide Determination (BFD) process for U visa applications was implemented by USCIS in June 2021. It aims to reduce the amount of time U visa petitioners living in the United States wait before receiving an initial adjudicative decision. However, specific processing times for BFD in 2023 are not available as they vary depending on individual cases and prevailing circumstances at the time.

Latest updates on U visa in 2023?

For the most up-to-date information on U visa processing and policies in 2023, it is recommended to visit the USCIS website and monitor updates from trusted sources.

U visa processing time post-biometrics?

Once a U visa petitioner has completed biometrics, the processing time may still vary widely depending on individual circumstances and the workload of USCIS. To inquire about a case outside the normal processing time, consult the USCIS case management tools.

U visa status check procedure?

U visa petitioners can check the status of their case by using the USCIS Case Status Online tool. They will need their 13-digit receipt number to access the information.

U visa BFD forum recommendations?

For additional support and guidance on the U visa BFD process, consider joining reputable online forums and communities focused on immigration-related topics. These forums can be helpful resources for sharing experiences and insights, but always cross-check the shared information for accuracy.

U visa deferred action duration?

Under the BFD process, certain U visa petitioners and their family members with pending petitions can receive deferred action and work authorization for up to four years while they await full adjudication. However, the actual duration may differ based on the specifics of each case.