How many U-1 visas are issued each year?
Assuming USCIS approves the application, the applicant will be placed in deferred action on a waiting list until a U visa becomes available (USCIS only issues 10,000 U-1 visas each year) Once a U visa is available, the applicant’s status will switch from deferred action to U nonimmigrant
What happens if my derivative U visa application is still pending?
If their derivative U visa application is still pending when the first work permit is set to expire, the derivative family member would need to submit another work permit application to bridge the gap until their U visa application is ultimately approved.
Can a principal apply for a work permit with a U-visa?
Generally speaking, U visa principals are advised to submit a work permit application concurrently with their U visa application. USCIS should approve the application after the principal is placed in deferred action on the U visa waiting list. Once a U visa becomes available, USCIS will automatically issue a new EAD reflecting the change in status.
How long can a U visa holder stay in the US?
With approved U nonimmigrant status, the victim and their immediate family members (under derivative U visas) may temporarily reside in the United States for up to four years. After three years of continuous physical presence in the United States, eligible U visa-holders can apply for permanent residency with a green card.
How long is the U visa backlog?
USCIS caps the number of U visas each year at 10,000, even though tens of thousands of applicants apply every year. Once the cap is reached, the remaining applicants are placed on a waiting list. This creates a backlog that stretches back approximately five years.
How long does it take to approve U visa?
After you submit your application, the U visa waiting time can range between 12 to 18 months. However, this process can be prolonged if you fail to correctly fill out the application or are required to submit additional documentation.
How many U visas are approved each year?
10,000 U visaEach year, USCIS may approve up to 10,000 U visa petitions.
How many U visas are there?
10,000U Visa Cap The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.
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).
Can you travel with pending U visa?
U Visa Applicants Can Get Stuck Outside the U.S. If They Leave. A pending application for U status does not give you any reentry privileges. Let's say you submitted your Form I-918, Application for U Nonimmigrant Status from within the U.S. and you travel abroad before getting a decision from USCIS.
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.
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.
What is the new law for U visa?
On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication.
What happens after U visa is approved?
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.
What happens after biometrics appointment for U visa?
Once you have completed your biometrics appointment, you will be given a stamp on your appointment notice confirming that you attended. Keep this document safe. It serves as proof if USCIS cannot find its record stating that you attended the appointment. The next step depends on the type of application you filed.
When was the U visa passed?
October 2000Reference - U.S. Law In October 2000, the United States Congress created the U nonimmigrant status for victims of criminal activity by passing the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). This visa category is limited to 10,000 principals with U-1 status per year.
How do you know if U visa is approved?
Talk to an immigration lawyer.If the embassy or consulate approves your case, they put the U visa on a page in your passport.When you get to the U.S., show the immigration officials your passport and visa. ... If the immigration officials let you enter the U.S., then they grant you U nonimmigrant status.
What happens after U visa is approved?
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.
Why is my 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.
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.
What happened to the Seattle visa?
A major incident occurred in Seattle during October 2019. A group of ten staged a hostile takeover of a restaurant. Two members of the group posed as robbers wearing masks and tying up the other people to make it look as though a crime had been committed.
What is a U visa?
The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so.
What is the form for U nonimmigrant status?
A petition for U nonimmigrant status must also contain a certification of helpfulness in the form of a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a certifying law enforcement agency. This document demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.
What are the requirements for a non-immigrant visa?
There are six legal requirements for U nonimmigrant status: The applicant must have been a victim of a qualifying criminal activity. The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.
How long does it take to become a permanent resident in the US?
After three years of continuous physical presence in the United States while in U nonimmigrant status, a U visa holder may be eligible to adjust status and become a lawful permanent resident if certain requirements are met.
When was the U visa created?
The US Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of people, and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.
When was the first U visa issued?
Although the U status was created in October 2000, the first visas based on this status were issued in Fiscal Year 2009. In the table below includes data from fiscal years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009. Note that this only counts U visas issued at embassies and consulates outside the United States, and does not include people who changed non-immigrant status to U status within the United States (through Form I-918 ).
What is the report of the Visa Office?
The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.
What are the categories of visas?
The Report of the Visa Office does not contain information on these categories: 1 Refugees entering from abroad or asylum-seekers in the United States or 2 Non-numerically controlled visa categories for people in the United States who are adjusting status (getting a green card or becoming a permanent resident) through the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). 3 The above statistics are available from the DHS Office of Immigration Statistics.
Does the Visa Office have older reports?
The Visa Office has a limited supply of older reports. You may ask about the availability of these from the Visa Office.
What happens to a U visa once it is available?
Once a U visa is available, the applicant’s status will switch from deferred action to U nonimmigrant
How long can a U visa be used for?
After three years of continuous physical presence in the United States, eligible U visa-holders can apply for permanent residency with a green card.
How many work permits do derivative family members need?
Derivative family members are generally advised to submit two work permit applications along with their U visa application. The first permit application is for authorization for two years during deferred action status, and the second application is for a new EAD reflecting the change in status once the applicant switches from deferred action to U nonimmigrant status. USCIS will hold on to the second application and process it with the U visa application once a U visa becomes available.
How long does a derivative work permit last?
Just as the agency does for U visa principal applicants, USCIS issues a two-year employment authorization to derivative applicants who submit a work permit application concurrently with their U visa application. If their derivative U visa application is still pending when the first work permit is set to expire, the derivative family member would need to submit another work permit application to bridge the gap until their U visa application is ultimately approved.
How much is the filing fee for I-765?
Note that for each work permit application, there is a $410 filing fee attached to Form I-765. Unfortunately, that means derivative family members would need to pay a total of $820 to file both work permit applications. If you believe you qualify for a fee waiver, you can request to have your filing fees waived with Form I-912.
How long does it take to get a work permit?
Currently, the estimated waiting time for a work permit is approximately 2.5 – 5 months.
Do U-1 visas need to be EAD?
U-1 visa petitioners are employment authorized incident to status, so USCIS will automatically issue an EAD when the underlying application for U nonimmigrant status is approved. That means U-1 principals only need to apply for a work permit while they are under deferred action status. Currently, USCIS automatically issues a two-year employment ...
What percentage of U visa recipients have been removed?
A number of approved U visa recipients had previously committed immigration fraud (10 percent) or re-entered illegally after removal (8 percent), which are both serious immigration violations. Six percent of those approved for the U visa had been ordered removed at some point before.
What percentage of U visa applicants are lawful?
Only 5 percent of U visa petitioners reported having lawful immigration status at the time of application. Seventy-nine percent reported never having lawful status and 14 percent said they were visa overstayers.
What are the concerns about the U visa program?
Information from the state and local law enforcement agencies that serve as gatekeepers to the U visa program corroborates USCIS concerns about fraud and eligibility. Some local officers report encountering individuals who ask the agency for certification based on an alleged victimization that occurred several years earlier, or in another jurisdiction, or regarding an incident that did not involve a prosecutable offense. Others report encountering aliens who "shop" for certifications, meaning that they request certifications from numerous police departments until they find one that will agree to sign the paperwork. Officers tell of individuals who show up to ask for U visa certification accompanied by their alleged abuser, and who attempt to sponsor the alleged abuser for a derivative spouse U visa. 3 Some Americans have reported being falsely accused of crimes by illegal aliens seeking to obtain U visa benefits. In 2016, the Department of Justice announced the indictment of 11 individuals in several states in a large U-visa fraud scheme. 4
What is the U visa program?
USCIS has released new information about the controversial U visa program, which awards lawful status and a path to a green card and citizenship for alien crime victims and their families. 1 In recent years, the U visa program has grown significantly, now drawing more than 50,000 applications per year. Congress intended for U visas to be a tool to assist law enforcement agencies in gaining the cooperation of victims who might otherwise be afraid to report crimes. However, in practice there are legitimate concerns that the program is vulnerable to fraud, improperly promoted by advocates, and exploited as an avenue to obtain legal status. This new data will help policymakers determine appropriate reforms to ensure the program works as Congress intended, serves law enforcement, and does not shut out deserving applicants.
What should USCIS do about fraud?
USCIS should analyze more information gathered from the petitions and certification forms and should release additional reports. USCIS also should collect information from local law enforcement agencies that have the most experience with U visa certifications. It would be especially helpful to the agency and to lawmakers to have data and analysis on fraud in the application process. In particular, this would include analysis of the types of crimes that form the basis of these applications, metrics that indicate the "helpfulness" of the program to law enforcement agencies, and qualitative data on the program from law enforcement agencies.
How to get a work permit for an alien?
The first step for the alien petitioner is to obtain the certification of victimization and cooperation from a law enforcement agency . This paperwork is submitted to USICS along with the petition, which includes other information about the applicant. Once approved (which currently takes several years), the alien is granted deferred action and may apply for a work permit while on the waiting list for the U visa. In practice, U visa petitioners are rarely subject to immigration enforcement even before being granted deferred action; they essentially are protected from deportation by virtue of applying for the U visa.
What is a U visa?
The U visa was created in 2000 as part of the Victims of Trafficking and Violence Protection Act. The purpose behind the visa is to assist law enforcement agencies in prosecuting certain types of offenders by gaining the cooperation of victims who might not otherwise engage with police or prosecutors because they lack legal status. Specifically, the visa is intended to encourage victims of domestic violence, sexual assault, gangs, and human trafficking to help authorities go after their abusers, although it is not limited to those scenarios. To qualify, victims must have suffered substantial physical or mental abuse; have information of use to prosecutors; and actually be helpful to authorities in prosecuting the abuser. It is not supposed to be an automatic benefit for anyone who is the victim of a crime. Applicants must obtain certification from a law enforcement agency that they have fulfilled these requirements. 2
Overview
Impediments to issue
As of January 2016, there is a backlog of 64,000 requested U-visas, but only 10,000 U-1 visas can be issued per year. (There is no limit on the number of "derivative" U visas—U visas other than U-1. ) Some police departments do not certify any applicants as cooperating, either for political reasons or due to confusion over the law, though in some jurisdictions like California and New York City, there are laws or policies which require prompt certification of anyone eligible.
Background
The US Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of people, and other crimes while, at the same time, offer protection to victims of such crimes. The legislation …
Eligibility
There are six legal requirements for U nonimmigrant status:
• The applicant must have been a victim of a qualifying criminal activity.
• The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.
Types of U-visas
The specific types of U-visas are:
• U-1 visas - for persons who were crime victims and fit the other criteria
• U-2 visas - spouses of U-1 applicants
• U-3 visas - children of U-1 applicants
Incidents
Abuse of this visa has been attempted by groups who have tried to pull cons or hoaxes on law enforcement in order to qualify for the visa. A major incident occurred in Seattle during October 2019. A group of ten staged a hostile takeover of a restaurant. Two members of the group posed as robbers wearing masks and tying up the other people to make it look as though a crime had been committed.
Statistics
Although the U status was created in October 2000, the first visas based on this status were issued in Fiscal Year 2009. In the table below includes data from fiscal years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009. Note that this only counts U visas issued at embassies and consulates outside the United States, and does not include people who changed non-immigrant status to U status within the United States (through …
External links
• U Visa Law Enforcement Certification Resource Guide from the United States Department of Homeland Security
• I-918, Petition for U Nonimmigrant Status - all forms and instructions required for filing