U Visa Processing Time After Biometrics 2022: Essential Updates and Expectations

The U visa is a special type of nonimmigrant status designed to protect victims of qualifying crimes who are assisting law enforcement in the investigation or prosecution of those crimes. As with any immigration process, those seeking a U visa must complete several steps before the visa is granted, including attending a biometrics appointment. Understanding the processing time for a U visa application can help set expectations for applicants and their families.

After filing a U visa application, the biometrics appointment typically occurs within 5 to 6 weeks, which involves fingerprinting, photographing, and authenticating the applicant’s identity Biometrics Processing Times. The overall processing time for a U visa application may vary, and the United States Citizenship and Immigration Services (USCIS) is continually working to improve the efficiency of this process. However, a definitive processing time for U visa applications is not yet available (U Visa Processing Times).

Keeping track of USCIS processing times is essential for applicants who are eagerly waiting for updates on their U visa applications. It’s always a good idea to regularly check the USCIS processing times website to receive the latest information on the progress of your application.

U Visa Processing Time in 2022

Fingerprints and Biometrics

The biometrics appointment is a crucial step in the U visa application process. It involves fingerprinting, photographing, and other data collection measures to confirm an applicant’s identity and criminal history. For U visas, the biometrics appointment usually takes place 5 to 6 weeks after filing the application.

USCIS Processing Times

In 2022, U visa processing times remain lengthy due to high demand and limited resources. As of the fourth quarter of FY 2020, the median processing time for a U visa petition until placement on the waiting list was 50.9 months. Additionally, processing time from waitlist placement until final adjudication was 10.0 months. This means that it can currently take up to around six years for USCIS to fully process U visa applications.

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Case Inquiry Date

The case inquiry date signifies when an applicant can inquire about their case if they haven’t heard back from USCIS within the published processing time. Applicants can check the case inquiry date on the USCIS website. Keep in mind that processing times may vary based on the service center or the USCIS field office handling the case.

In conclusion, applicants for U nonimmigrant status should expect significant wait times due to high demand and limited resources. It is essential to stay informed about the current processing times, which can be found on the USCIS website, and remain patient during the application process.

Eligibility and Application Process

Eligibility Requirements

The eligibility requirements for a U visa include being a victim of a qualifying criminal activity in the United States and cooperating with law enforcement or government officials during the investigation. You must also be admissible as an immigrant under existing laws. If you are deemed inadmissible due to a criminal history or immigration violations, you may apply for a waiver by filing Form I-192.

Form I-918

To apply for a U visa, you must submit Form I-918, Petition for U Nonimmigrant Status. This form allows you to petition for temporary immigration benefits for yourself and any qualified family members. It is imperative to file the form accurately and provide all required documentation to support your eligibility.

Required Documents

The required documents for a U visa application include:

• Form I-918, Supplement B: This document is an official certification of helpfulness by a qualifying law enforcement agency. It confirms your cooperation in the investigation of the criminal activity.
• Personal Statement: A written statement describing the crime you were a victim of, the injuries you sustained, and the impact on your life.
• Biometrics: You must provide biometrics, including fingerprints and photographs, during the application process.
• Identification: A copy of your valid passport or other identification document.
• Proof of Physical Presence: Evidence demonstrating your presence in the United States at the time of the criminal activity, such as utility bills, school records, or medical reports.

Additional documents may be required depending on your situation, such as a waiver application or evidence of a qualifying familial relationship with the principal applicant.

As of 2022, the application process may take up to six years for USCIS to fully process U visa applications, including biometrics, processing forms, and supporting documentation. Keep in mind that this timeline may vary depending on the consulate or U.S. embassy handling the case.

By ensuring your application is complete and accurate, you increase your chances of a successful outcome. Remember to stay current on any updates to U visa processing times and requirements.

U Visa Benefits and Limitations

Employment Authorization Document

A U visa offers several benefits to victims of crimes who cooperate with law enforcement. One of these advantages is the ability to apply for an Employment Authorization Document (EAD), also known as a work permit. To obtain a work permit, applicants must fill out Form I-765 and submit it alongside the U visa petition. Approval of the U visa petition often leads to the issuance of the EAD, allowing the visa holder to work legally in the United States.

Adjustment of Status and Green Card

Another significant benefit of the U visa is the possibility of applying for Adjustment of Status and obtaining a green card. After three years of continuous presence in the country with a U visa, the visa holder becomes eligible for Adjustment of Status, a process that can lead to obtaining lawful permanent residence. This benefit is available for both employment-based and family-based green card categories.

Waivers

The U visa also provides a waiver for certain grounds of inadmissibility. This means that certain criminal or immigration violations, such as physical abuse, domestic violence, or sexual assault, can be forgiven if the applicant demonstrates that it is in the public interest to admit them to the U.S. It is important to note, however, that certain criminal activities may still be grounds for inadmissibility and that one should consult with an immigration attorney to determine eligibility.

Derivative U Visas

Derivative U visas are available for qualifying family members of the U visa applicant. This permits certain family members, such as spouses, children, or parents, to obtain a nonimmigrant visa based on their relationship to the U visa holder. Derivative U visa holders also have access to work authorization and may become eligible for Adjustment of Status after substantial continuous presence in the United States.

Overall, U visas provide crime victims and their families with several valuable benefits, such as work authorization and the potential for obtaining a green card. However, applicants must be aware of the limitations that still apply and should consult with experienced professionals when navigating the U visa application process.

Visa Cap and Waiting List

Annual U Visa Cap

The U visa is a special nonimmigrant status granted to victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity. USCIS can grant up to 10,000 U visas per fiscal year. This limit, however, does not apply to qualifying family members accompanying or following to join the principal.

Waiting List

When the annual cap of 10,000 U visas is reached, eligible petitioners are placed on a waiting list. While on the waiting list, petitioners and their qualifying family members may be granted deferred action and are eligible to apply for work authorization. Once additional U visas become available, USCIS reviews the petitions on the waiting list in the order in which they were received.

Processing Time

U visa processing times have been notoriously long in recent years due to high demand and backlogs. As of June 2021, the wait time for a decision on the U visa is approximately 5 years. This backlog may cause the wait time to be even longer for those filing in 2022. After submitting a U visa application, petitioners will need to have their biometrics (photographs and fingerprints) taken. It currently takes up to around six years for USCIS to fully process U visa applications, which includes biometrics processing and other procedures.

In summary, reaching the annual U visa cap, growing waiting list, and extended processing times have significantly impacted the U visa application process. Applicants should be prepared to face lengthy wait times during the application and review process.

Common U Visa Crimes and Qualifying Circumstances

U visas offer protections to victims of qualifying crimes and enable them to temporarily remain and work in the United States, generally for 4 years, while assisting law enforcement in the investigation and prosecution of these crimes. In this section, we will discuss the common qualifying crimes for U visas and the circumstances in which they occur.

Violent Crimes

Victims of violent crimes may qualify for a U visa if the crime resulted in substantial physical or mental abuse. Common examples of violent crimes include:

• Domestic violence
• Sexual assault
• Felonious assault
• Manslaughter
• Murder

It is important for victims to cooperate with law enforcement during the investigation and prosecution processes. Cases involving abduction, abusive sexual contact, and stalking also fall under this category.

Trafficking and Exploitation

Human trafficking and other forms of exploitation can lead to U visa eligibility for victims. Crimes in this category may involve:

• Involuntary servitude
• Kidnapping
• Female genital mutilation
• Hostage situations
• Sexual exploitation
• Prostitution
• Rape

These crimes often involve significant abuse and long-lasting effects on their victims. Cooperation with law enforcement in the investigation and prosecution processes can help bring about justice and legal remedies for victims.

Fraud and Obstruction of Justice

U visa eligibility also extends to those who have been victims of fraud or obstruction of justice crimes. Examples of such crimes include:

• Blackmail
• Extortion
• False imprisonment
• Fraud in foreign labor contracting
• Obstruction of justice
• Perjury
• Witness tampering
• Unlawful criminal restraint
• Peonage (a type of involuntary servitude where a person is held in servitude to repay a debt)

These crimes may not always involve physical abuse, but they can still result in significant harm to the victim. As with all U visa cases, cooperation with law enforcement during the investigation and prosecution processes is crucial in obtaining legal protection for the victim.

In conclusion, U visas offer crucial support and protection for victims of qualifying crimes, enabling them to seek justice and assistance from law enforcement agencies in the United States. By understanding the various categories of crimes and their qualifying circumstances, victims, their families, and advocates can better navigate the process of obtaining a U visa and securing a safer future.

Consular Processing and Adjustment of Status

Consular Processing Steps

Consular Processing is a method used by eligible noncitizens to apply for a U visa after being granted U nonimmigrant status. The process involves several steps:

1. Determine Your Basis to Immigrate: Figure out the appropriate category under which you qualify for immigration.
2. File the Immigrant Petition: Submit the necessary petition to USCIS (this would be a U visa petition for victims of crime).
3. Wait for a Decision on Your Petition: USCIS will review your petition and make a decision.
4. Wait for Notification from the National Visa Center (NVC): Once your petition is approved, the NVC will notify you and provide further instructions.
5. Go to Your Appointment: Attend your visa interview at a U.S. consulate or embassy abroad.
6. Notify the NVC of Any Changes: Inform the NVC of any changes in your circumstances or contact information during the process.
7. After Your Visa is Granted: Enter the United States and complete any remaining steps to obtain your green card.
8. Receive Your Green Card: You will receive your green card as a lawful permanent resident. ¹

Form I-485 and Lawful Permanent Residence

If you are granted U nonimmigrant status while in the United States, you have the option to apply for lawful permanent residence through the Adjustment of Status process. This requires filing Form I-485, Application to Register Permanent Residence or Adjust Status². Some benefits of applying for Adjustment of Status include:

• The ability to remain in the U.S. while your application is processed
• The opportunity to work or study in the U.S. during the process
• The possibility of obtaining a green card for yourself and eligible family members

When filing Form I-485, it is essential to include all required documents, such as evidence of your U nonimmigrant status, proof of identity and nationality, and any relevant medical examination results³. USCIS will review your application and, if approved, grant you lawful permanent residence.

It is important to note that both Consular Processing and Adjustment of Status require thorough preparation and patience, as processing times may vary. In 2022, the average green card processing time through Consular Processing was 5-12 months⁴, while Adjustment of Status took between 8-14 months⁵. Always stay informed of any changes in requirements or timelines by consulting USCIS or a qualified immigration attorney.

Frequently Asked Questions

How long for U visa approval after biometrics?

It currently takes around six years for USCIS to fully process U visa applications, including biometrics. This time frame may vary depending on individual circumstances and any delays in processing.

U visa work permit wait in 2022?

The time taken to receive a work permit after submission of a U visa application and biometrics is also dependent on USCIS processing times. It is best to check the USCIS processing times for the most up-to-date information.

U visa waiting list status in 2022?

Due to the cap of 10,000 U visas issued per fiscal year, there may be a waiting list for those who have been granted a bona fide determination but have not yet received U nonimmigrant status. The waiting list status can change, so it is essential to keep an eye on any updates released by USCIS.

I-485 processing time post-biometrics in 2022?

The processing time for the I-485 Application to Register Permanent Residence or Adjust Status after biometrics will vary depending on your individual case and the USCIS office that is handling it. Refer to the USCIS’s processing times page for the most current information.

When to expect U visa in 2023?

As mentioned earlier, U visa processing times can be around six years. However, this duration may change depending on USCIS’s workload and any updates in their processing times. Therefore, it’s essential to monitor the USCIS processing times and stay informed about your case progress.

Time until work permit after biometrics?

The wait for a work permit after completing biometrics can vary based on the type of visa and USCIS processing times. For a U visa, the overall processing time might be around six years, as mentioned previously. For other types of visas, it is recommended to check the USCIS processing times to get accurate information tailored to your specific case.

Footnotes

1. Consular Processing | USCIS ↩
2. Green Card for a Victim of a Crime (U Nonimmigrant) | USCIS ↩
3. Form I-485 Instructions | USCIS ↩
4. Adjustment of Status vs Consular Processing | CitizenPath ↩
5. Processing Times – USCIS ↩