Why is my U VISA case taking so long?

The current estimated processing times for U Visa Cases based on USCIS published timelines and what we have seen with Clients' U Visa cases are:

• PHASE ONE: Bona Fide Determination/U Visa Deferred Action: 1-5 years or longer, or never.

  • USCIS may or may NOT issue a preliminary decision for Bona Fide Determination/Deferred Action.

  • If a preliminary decision is issued by USCIS, you may apply for a work permit (category C14 or (c)(14)), and continue renewing it until a final decision has been made on the U Visa case.

  • If USCIS declines to issue preliminary decision, then U Visa Applicants will need to wait for work permit eligibility until USCIS has approved the U Visa case, which could take 5-10 years or longer as discussed below.

• PHASE TWO: U Visa Approval: 5-10 years or longer

  • If the U Visa is approved, you will be eligible to receive a work permit (category A19 or (a)(19) for principal U Visa Applicants, or A20 or (a)(20) for Derivative U Visa Applicants i.e. spouses, parents, children or siblings of the Principal U Visa Applicant).

  • U Visa status may be approved for a maximum period of four (4) years. After having U Visa status for three (3) years, U Visa applicants become eligible to apply for adjustment of status to become legal permanent residents.

  • Keep in mind, if you do not file for adjustment of status before your U Visa status expires, your legal status to remain and work in the U.S. will automatically expire and you may be subject to deportation/removal.

• PHASE THREE: Adjustment of Status: 2-4 years

  • Keep in mind that while your U Visa adjustment of status case is pending, you may apply for a work permit category C9 or (c)(9) and continue renewing it until a final decision has been made on the adjustment of status case.

SUMMARY

U Visa applicants could obtain work permits in as little as 1-2 years, but may have to wait upwards of 5-10 years or longer to be eligible for a work permit depending on whether USCIS issues a preliminary decision for Bona Fide Determination/U Visa Deferred Action, or until the U Visa case is approved.

The reason why U Visa Cases take so long is because USCIS is only allowed to approve 10,000 U Visa cases per fiscal year and there are currently over 200,000 pending U Visa cases, which only continues to grow. For that reason, USCIS may issue Bona Fide Determination/Deferred Action to allow U Visa Applicants to be eligible for work permits while they wait for USCIS to be able to make a decision on the U Visa case.

Thus, the reason why U Visa cases take so long is because Congress only allowed USCIS to approve 10,000 cases per fiscal year, and the demand for U Visas far outnumbers the number of U Visa available.

USCIS CASE STATUS INQUIRIES

You may contact USCIS by email at:

• nsc.i‑918inquiries@uscis.dhs.gov for cases with receipt number beginning with LIN; or,

• HotlineFollowupI918I914.vsc@uscis.dhs.gov for cases with receipt number beginning with EAC

For more information about contacting USCIS, visit: https://www.uscis.gov/about-us/contact-us

U VISA BACKGROUND

The U Visa process was created by Congress when they passed the Victims of Trafficking and Violence Protection Act of 2000 (See Public Law 106-386, INA 101(a)(15)(U), 8 USC 1101(a)(15)(U)).

That law established an annual limit of 10,000 U Visa cases per fiscal year i.e. October 1 to September 30. Thus, USCIS may only approve 10,000 U Visa cases per fiscal year. As public knowledge of the U Visa process has increased over time, more and more people have applied for U Visa status.

As a result, now there are more than 200,000 U Visa cases pending, and USCIS continues to accept U Visa cases. Because of this, USCIS has begun issuing preliminary decisions otherwise known as Bona Fide Determination or Deferred Action for U Visa applicants to provide them with temporary protection from being deported/removed, and eligibility for work authorization while they wait for the final decision of their U Visa case. The work permit category for U Visa Bona Fide Determination or U Visa Deferred Action is C14 or (c)(14), which are currently being approved for 4-5 years, and may be renewed until USCIS has made a final decision on the U Visa case.

Given the great number of pending U Visa cases, it may take 5-10 years or longer for a final decision to be made on a U Visa case. Keep in mind that USCIS is not required to issue a preliminary decision for Bona Fide Determination or Deferred Action, thus, a U Visa applicant may have to wait until USCIS approves the U Visa case before being eligible for a work permit.

Keep in mind that a preliminary decision for Bona Fide Determination or Deferred Action is not an approval of the U Visa case, and does not guarantee the U Visa case will be approved. Although cases that receive a preliminary decision for Bona Fide Determination or Deferred Action indicate the U Visa case will likely be approved once a U Visa becomes available, any U Visa Applicants who get arrested or run into any additional immigration issues while their U Visa case is pending could have their U Visa denied for security or other discretionary reasons.

Once the U Visa case has been approved, USCIS may issue another work permit (A19 for principal applicants or A20 for derivative applicants such as spouses, parents, children or siblings of the principal applicant).

Lastly, U Visa Applicants become eligible to apply for legal permanent resident status after they have had U Visa status i.e. U-1, U-2, U-3, U-4 or U-5 for at least three (3) years and apply for adjustment of status before the expiration of their U Visa status. There are many requirements for U Visa adjustment, one of which is proving physical presence in the U.S. for at least three (3) years while having U Visa status. Any departures from the U.S. may result in losing U Visa status and eligibility for becoming a legal permanent resident. If someone will not be able to prove three (3) years of physical presence before the expiration of their U Visa status, it may be possible to request an extension to qualify for U Visa adjustment of status.

If you have any questions about applying for U Visa status or concerns about a pending U Visa case, feel free to contact our office at 512-443-4788 to schedule an appointment to discuss your immigration case.