U Visa Eligibility and Essential Steps to Protect Your Status After Trump's Election Win

If you’re waiting for your U visa or haven’t secured your Employment Authorization Document (EAD), the time to act is now. The recent election's outcome, former President Donald Trump's win over Vice President Kamala Harris, has sparked uncertainty for many immigrants in the United States, especially those applying for or waiting on their U visa approvals.

In this article, we’ll break down U visa eligibility, the expected changes to the program during Trump’s return to the White House, and the actionable steps you can take to safeguard your future and navigate delays.

Understanding the U Visa Program and Eligibility Criteria

The U visa was created to protect victims of specific crimes who have suffered substantial physical or mental abuse. This program incentivizes victims to cooperate with law enforcement by providing temporary legal status and work authorization. It’s an essential tool for fostering public safety by allowing victims to come forward without fear of deportation.

U Visa Eligibility Requirements: 

To qualify for a U visa, you must meet the following criteria:

1. Victim of a Qualifying Crime: Crimes include, but are not limited to, domestic violence, sexual assault, trafficking, and other serious offenses.
2. Significant Harm: You must have endured substantial physical or mental abuse as a result of the crime.
3. Possession of Information: You must have details about the criminal activity.
4. Cooperation with Law Enforcement: Demonstrating a willingness to assist in the investigation or prosecution is crucial.

However, the U visa program is capped at 10,000 visas per fiscal year, leading to a significant backlog. This means many applicants may wait up to eight years or more for final approval (and in fact those applying today will be facing wait times of around 20 years unless there is a change in policy), but some benefits, like work authorization, can be obtained earlier through processes like the Bona Fide Determination (BFD).

How Trump’s Election Could Affect U Visa Policies

Based on Trump’s previous tenure and 2024 campaign statements, we can anticipate substantial changes to immigration policies that could directly impact U visa applicants. It’s important to note that it's crucial to take action now for those facing delays in the EAD and U visa process. Here’s what to expect and why it’s essential to act now:

Potential Termination of the BFD Process

During his first term, Trump prioritized tightening immigration controls. If history is any guide, his administration may attempt to get rid of  the BFD* process, which currently allows applicants to obtain temporary work authorization while awaiting a final visa decision.

*But DON’T worry, the waiting list decision will replace the BFD.

Changes to Benefits and Family Reunification

While Trump may not be able to fully eliminate the U visa program due to the laws that are in place, he could implement stricter policies that make it harder to obtain work authorization or overseas parole for family members. Access to lawsuits and legal tools like those offered by Pro Se Pro will be more important than ever.

Proactive Steps U Visa Applicants Should Take Now

Given the potential for significant policy changes, here’s how you can protect your status and expedite your case:

Consider Filing a Lawsuit for Unreasonable Delays

If your I-918 application has been pending for more than 90 days without any updates, it may be time to take legal action. Filing a lawsuit against USCIS can be an effective strategy to force progress on your case. On average, litigation can result in a settlement within 60 days, allowing you to obtain work authorization or waiting list placement faster.

Secure Temporary Benefits Before Potential Changes

If you currently qualify for work authorization through the BFD process but haven’t received your work authorization yet (also known as the EAD), move quickly to get that approval in place. Should the BFD process be eliminated, it may become much harder to access work permits in the future.

Explore Overseas Parole Options for Family Members

For applicants with family abroad, overseas parole allows them to enter the U.S. while your U visa is pending. Unfortunately, the USCIS doesn’t have any process or form to make this happen. As of the writing of this blog, the only way to get this overseas parole is through a lawsuit.

Navigating the Long Wait Times and Delays

The current backlog for U visas is daunting. It could take over 17 years for those filing now to receive final approval. However, if your case has stalled, there are still options available to you:

• Lawsuits to Address Unreasonable Delays: Many applicants worry about government retaliation if they file a lawsuit. However, according to immigration experts, there is little risk. The government is legally prohibited from retaliating against individuals for exercising their right to seek legal redress. A lawsuit can be an effective way to push your application forward when all other avenues have failed.
• Leverage Pro Se Pro’s Resources: At Pro Se Pro, we specialize in empowering immigrants to navigate the legal system independently. We do not expedite U visa approvals or provide attorney-client representation. We offer tools and resources to help you understand your rights and explore legal options, such as filing lawsuits to address unreasonable delays. Our guidance equips you to take control of your case.

Complete this form to determine if your USCIS application is eligible for the legal services that can speed up your processing time.

Predicting Your Place in the U Visa Line

Understanding where your application stands in this process can be critical for planning your next steps. That’s where Pro Se Pro’s exclusive "When Is Your U Visa Coming?" tool comes in.

We’ve leveraged exclusive USCIS data, accessible only through our attorney advisor, to provide better predictions for your position in line than anything currently available. With this tool, you can get a clearer picture of your estimated wait time, helping you make informed decisions about your next steps.

Check out this example: this person’s filling date was 07/07/2023, and her expected year of processing is FY 2039:

The Bottom Line: Don’t Wait—Act Now

With Trump’s return to the presidency, there are real concerns about the future of the U visa program. Delays, policy rollbacks, and increased scrutiny are likely. It’s more crucial than ever to be proactive. Waiting could mean losing access to critical benefits or facing even longer processing times.

Whether it’s filing a lawsuit, securing temporary work authorization, or exploring overseas parole for family members, now is the time to take control of your immigration journey. Delays are already a hallmark of the U visa process, and political changes could make these issues even worse. Don’t let your case be left behind in a system facing potential disruption.

At Pro Se Pro, we are committed to helping you navigate these challenging times. Our mission is to empower you with the tools to take control of your application process. If you need guidance on expediting your U visa application, contact us today to see how we can assist you.