Why are immigration visa wait times so long?
We’ve established that visa wait times grow because there is a statutory limit on the number of green cards the government may issue each year. But there’s more. In addition to that, U.S. immigration law says no more than seven percent of all immigrant visas can be given to people of one country in a given year.
When does USCIS update processing time?
USCIS posts monthly I-485 processing times on their website. USCIS calculate processing times by using historical data of completed cases, whereby USCIS processing times are currently based on data captured around two months prior to updating its webpage. It can take four to six weeks for a change of address request to be fully processed.
How long does the immigration process take in the US?
The first step of the process takes slightly more than 14 months, on average, but can be faster or slower depending on your location. Note that the processing time for an N-400 application is from receipt through the oath ceremony, not approval of the application.
How long does it take to become an U.S. citizen?
How long does it take to become a citizen of the United States?
- Processing time for Form N-400 (Application for Naturalization): 10 months
- Appointment for biometrics: varies depending on your local district
- At least four months for the interview and exam on citizenship.
- It can take up to four months to receive a decision letter for your application.
How long are U visas taking 2021?
approximately 5 yearsAs of June 2021, the wait time for a decision on the U visa is approximately 5 years. The wait time will likely be longer for those filing in 2022 because there is a large backlog of U-visa petitions awaiting adjudication.
Can I work while U visa pending?
Deferred action is not an immigration status, but it allows USCIS to give you a work permit so you can work legally while you wait for a decision on your U visa.
What percentage of U visas are approved?
Adjudicative outcomes have remained relatively constant over time: the approval rate is about 84% for principal petitioners (and 83% for derivatives) for petitions submitted in 2014 (the last year for which data are available).
Why is U visa taking so long?
One reason it takes so long is that Congress limited the number of U visas the government can give out to 10,000 per year,1 but far more than 10,000 people apply for U visas each year, so the line of applications waiting to get reviewed gets longer and longer every year.
Is there any interview for U visa?
If your petition is approved, you must undergo consular processing in order to enter the United States on a U visa, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate who will determine whether you qualify for the U visa.
What happens after you file U visa?
U Visa holders become eligible to apply to adjust status to lawful permanent resident (green card) after three years in U nonimmigrant status. After five years as a lawful permanent resident, one becomes eligible to apply for U.S. citizenship.
How long is the U visa waiting list?
In most cases, long wait times are an unfortunate reality when dealing with the United States Citizenship and Immigration Services (USCIS) department. After you submit your application, the U visa waiting time can range between 12 to 18 months.
Can U visa be denied?
Only USCIS may grant or deny a U visa after a full review of the petition to determine whether all the eligibility requirements have been met and a thorough background investigation. An individual may be eligible for a U visa if: He/she is the victim of qualifying criminal activity.
How many U visas are denied?
The denial rate was just 14.9%. The most common reasons given for denial by USCIS include insufficient or missing evidence in a petition, inadmissibility, the applicant abandoning the petition, the petitioner failing to demonstrate a qualifying criminal activity, or the failure to demonstrate substantial harm.
Can I travel outside the US with U visa?
Unless you have another valid visa that allows you to travel in and out of the U.S. (such as an F-1 student visa), you will be stuck outside the U.S. until USCIS is done deciding on your application and has transferred it to the nearest U.S. embassy or consulate for what is known as "consular processing."
How many U visas are approved each year?
10,000 U visaEach year, USCIS may approve up to 10,000 U visa petitions.
How do I expedite U visa?
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
Can I stay in US while waiting for U visa?
Once USCIS has approved your U visa application, you may only enter the U.S. with an official visa from the consulate or with advance parole if you have filed your application for lawful permanent residence.
How long is the U visa backlog?
The TVPA only authorizes 10,000 visas annually. This cap has been reached every year since fiscal year 2011, and the visa backlog as of the end of FY 2021 stands over 170,000, growing on average by over 16,000 applications annually between FY 2011 and FY 2021.
What are the benefits of U visa?
U visa status benefits include the following:Lawful status for up to four years;Work authorization;Derivative benefits for qualifying family members; and.Eligibility to adjust status to a lawful permanent resident after three years.
Can you apply for EAD with U visa?
Generally, yes. If USCIS does not adjudicate a principal petitioner or qualifying family member's petition for U nonimmigrant status before the 4-year validity period of the EAD and deferred action ends, the noncitizen may apply for renewal according to Form I-765 Instructions.
Processing Times May Vary
Generally, it takes about a year and a half for USCIS to fully process U visa applications these days, which includes taking biometrics (photograph...
The “Cap” Can Contribute to Case Processing Delays
There is a federally mandated limit of 10,000 U visas per fiscal year—not including visas for the immediate family members of the person granted U...
Consular Processing Can Hold Up Derivative U Visas
In addition, if you, the crime victim, are applying for a visa for a family member who lives abroad, your family member will need to contact the ne...
You Can Check The USCIS Processing Timeframes For Form I-918
As with most immigration application and petitions, you can check the case processing timeframe on the USCIS Processing Time Information web page....
How Long Does it Take to Process U visa?
Unfortunately, the U visa takes quite some time to process. It can take from 12 to 18 months for the U visa to be processed and approved.
How to Apply for the U visa?
When applying for a U Visa, you will need to complete a few main steps, in order to get the visa. These steps are as listed and clearly explained below:
What is the U Visa?
U Visa is a US non-immigrant for victims of criminal activity who have suffered mental and physical abuse. It is designed for two reasons:
What Are the Benefits of the U Visa?
Those victims who are granted U visa status have the right to remain in the US for the period that their visa is valid. They become legal non-immigrants and have the following rights:
How Much Does it Cost to Apply for a U Visa?
Since this applies to victims of crimes and violence, the application procedure is free of charge. There are no fees to apply for, but there are fees for filing some of the forms. However, to avoid these fees, you can file for a waiver by sending in a written request or Form I-912, Request for Fee Waiver.
Can I Apply for a Green Card With a U visa?
When you have a U visa for 3 years, you are eligible to apply for a Green Card. To be eligible for US permanent residence, besides having the U visa for 3 years, you must also have complied with US law enforcement requests. So you must have shared all information regarding the crime to the police and not withheld anything.
What is the Difference With the T Visa?
The main difference between the T visa and the U visa is that the T visa is issued specifically to victims of human trafficking, while the U visa is for victims of any serious crime.
How long does it take to get a visa?
It typically takes about four and a half years for USCIS to fully process U visa applications, which includes the agency taking biometrics (photographs and fingerprints), processing all forms and supporting information (such as the Certification of Helpfulness by a qualifying agency), and finally, issuing an approval notice and work permit.
How long do you have to wait to get a deferred action visa?
Once you get deferred action, you are eligible to apply to USCIS for work authorization. However, you can expect to wait several more years in deferred action status before receiving your actual U visa.
What is an RFE in USCIS?
For example, if the USCIS officer assigned to your case needs more information, he or she will issue a Request for Evidence (RFE). That will put a hold on your file until you send in the requested documents. For more on responding to an RFE, please read How to Handle a Request for Evidence (RFE) From USCIS.
Where is the USCIS reviewing visa applications?
All U visa applications are reviewed at either the Vermont or the Nebraska Service Center , depending on where the applicant lives.
How many U visas are there in the US?
There is a federally mandated limit of 10,000 U visas per fiscal year—not including visas for the immediate family members of the person granted U status—and in recent years, all U visas have run out before the end of the fiscal year (which goes from October 1 to September 30).
What happens if an immigration officer needs additional evidence from a family member?
If the immigration officer needs additional evidence from your family member to determine whether he or she is admissible to the United States, it can also lead to a lengthy wait.
Can a crime victim apply for a derivative visa?
If you, the crime victim, are applying for a derivative visa for a family member who lives abroad, your family member will need to contact the nearest U.S. consulate to interview for a visa. Some consulates are extremely busy, which might contribute to a delay in getting an appointment for an interview, as well as longer processing times.
How long does it take to get a visa certified?
The Department of Labor recognizes the importance of expeditious processing and timely responses. The Department anticipates that it will take three months to review a single U visa certification request and make a determination as to whether or not to complete the certification.
What is a U visa certification?
The U visa certification requires the Department of Labor to attest that the petitioner is a victim of certain qualifying criminal activity , and is, has been, or is likely to be helpful in the investigation or prosecution of that activity. The Department of Labor has established protocols that it will follow when considering a request to complete a U visa certification. Completion of a U visa certification is entirely discretionary.
How long can a U visa be valid?
Individuals who receive U visas may remain in the United States for up to four years , and may eventually apply for permanent residency. Among other requirements, a U visa petitioner must ask a federal law enforcement agency or official to complete a certification form asserting that the U visa petitioner “has been helpful, is being helpful, or is likely to be helpful” in the investigation or prosecution of the criminal activity. The Department of Homeland Security, U.S. Citizenship and Immigration Services, administers this program and grants or denies U visa petitions. UPDATE: Beginning April 2, 2015 the Department of Labor will also accept certification requests for T nonimmigrant visas. See below for more information about the T nonimmigrant visa.
What is the authority to complete U visa certifications?
The authority to complete U visa certifications has been delegated to the Wage and Hour Division . The Wage and Hour Division is responsible for enforcing some of the nation’s most comprehensive federal labor laws, including the minimum wage, overtime pay, child labor, the employment of persons with disabilities, family and medical leave, the employment of temporary or seasonal migrant workers, and prevailing wages for government service and construction contracts. While the Wage and Hour Division does not investigate violations of qualifying criminal activities, it does conduct investigations for minimum wage and overtime violations. Because many Wage and Hour investigations take place in industries that employ vulnerable workers, the Wage and Hour Division is often the first federal agency to make contact with these workers and detect criminal activity in the workplace, which it may then refer to the appropriate authorities. Additional agencies may be delegated authority where appropriate. UPDATE: The authority to complete T visa certifications has also been delegated to the Wage and Hour Division .
What agency certifies a U visa?
Department of Homeland Security regulations (8 C.F.R. § 214.14 (a) (2)) expressly list certain federal law enforcement agencies that may certify U visa applications, including the Department of Labor. In doing so, the Department of Homeland Security recognized that Department of Labor investigators may detect evidence of qualifying criminal activity during the course of investigating violations of workplace laws. The Department of Labor’s authority to complete U visa certifications (Form I-918, Supplement B) is based on its role as a law enforcement agency that has detected the crimes.
Does a U visa require a certification?
The U visa certification does not provide individuals with a U visa; rather, the certification form is a required element in a U visa petitioner’s petition to U.S. Citizenship and Immigration Services. In completing the U visa certification, the agency must certify that the individual submitting the Form I-918 is a victim ...
Who is responsible for certifying U visas?
Each official will be assisted by a regional coordinator, who will have additional training to ensure that requests for certification will be handled efficiently and effectively. Wage and Hour Division officials will work closely with the Regional Solicitor of Labor offices in the consideration of certification. The final authority to complete U visa certifications is delegated to the Regional Administrator .
Why Do Things Take So Long?
Immigration officers have always attempted to do their best job to screen out people who may be a threat to others within the country. That screening became all the more intense after the terrorist attacks of September 11th, 2001. The United States was caught off guard by how something like this could happen, and immediately actions were taken.
Who Is The Process Quick For?
Believe it or not, as any immigration attorney can attest to, there are some who get to receive their visa faster than others. If you happen to be the immediate relative of someone who is already a U.S. citizen, you can be fast-tracked to the front of the line for your visa.
Who Is The Process Longer For?
Those who are family members of U.S. citizens but not immediate relatives can expect a longer waiting period. This is chiefly due to the fact that they will be required to go through the entire immigration process. An immigration attorney can help guide one through this process, but it is bound to be lengthy one.
Those Who Wait The Longest
Those who have to wait the longest are certainly those who have missing documents, those who are considered potential threats and thus require more screening, and anyone who cannot prove their intentions upon entering the country. It is possible that someone that falls into any of these categories will be denied entry outright.
What is the Visa Bulletin?
Each month, the State Department notifies the public about who can immigrate to the United States that month. The Visa Bulletin’s information is available through the Department of State, our website, or by calling (888) 316-6916. Three pieces of information are given based on each category.
How many visas are granted to 1st preference?
1 st Preference Unmarried Sons and Daughters of US Citizens as family members are allotted 23,400 visas yearly plus any numbers not allocated to Preference.
How can a US Employer File a Green Card Petition for an Employee?
There are approximately 140,000 people per year who can immigrate under the five employment preferences per year. Employment preferences are as follows:
How many visas are there for family members?
There are 350,000 visas available to the two million+ eligible family members. This means that most preferences have become oversubscribed, creating backlogs of one year or longer. Your family member’s preference category and country of birth will determine how long they will have to wait for an immigrant visa number before an immigrant visa or green card application may be filed. For visa availability information, see the Visa Bulletin section below.
How many visas are allocated to each family preference?
For example, the family 1 st preference category (unmarried sons and daughters of US citizens) is allocated 23,400 visa numbers per year. The family 4 th preference category (brothers and sisters of adult US citizens) is allocated 65,000 visas per year. Unfortunately, this allotment cannot meet the current demand of over 1.5 million people waiting in the Fourth Preference. Therefore, there are substantial delays in this category.
What does "current" mean in immigration?
Current means no backlog exists at all, and everyone in that category can immigrate, assuming all of the paperwork has been properly completed. When a category is current, it is noted in the Bulletin by the letter “C.”. Unavailable means no visas are available that month for the category. Therefore, no one who fits within ...
How long does it take to get a visa if an alien fails to apply?
Immigration and Nationality Act (INA) section 203 (g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability .
What is the USCIS?
U.S. Citizenship and Immigration Services (USCIS): USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. Learn about USCIS
