Full Answer
How long does it take to get a 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. The processing times may vary widely though, since for example, if you are required to send in additional evidence to USCIS, processing times may become longer.
What happens when you apply for a U visa?
If you meet the criteria to get a U Visa, but the statutory cap for the fiscal year has been met (10,000 per year) USCIS will place you on a waiting list. Once a visa is available, USCIS reviews the file to verify eligibility, once again. If determined that you are eligible, your petition for a U nonimmigrant status will finally be approved.
What is immigrant visa processing?
Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.
How often is the USCIS processing time for green card?
USCIS Processing Times are generally updated every 2-3 months. DOS Visa Bulletin — Posted by DOS, it provides the cut-off dates which govern visa availability; in other words, it establishes the approximate waiting times to obtain an immigrant visa or “green card” based on the date a petition that has been approved by the USCIS was filed.
What year is U visa processing?
After you submit your application, the U visa waiting time can range between 12 to 18 months.
How many U visas are currently pending?
An estimated 269,000 U visa applications are pending before USCIS as of December 2020.
Why is U visa taking so long?
The wait time will likely be longer for those filing in 2022 because there is a large backlog of U-visa petitions awaiting adjudication. Why is the wait time so long? USCIS caps the number of U visas each year at 10,000, even though tens of thousands of applicants apply every year.
What is the backlog of U visas?
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.
How long is the U visa waitlist?
In the fourth quarter of FY 2020, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months and the processing time from waitlist placement until final adjudication was 10.0 months.
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 you know if your U visa is approved?
If you filed a separate I- 765 Application for Employment Authorization at the time you submitted the principal and derivative U visa applications, you should receive the I-765 Approval Notice and EAD around the same time you receive the derivative U visa approval notice.
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.
Can I travel with U visa pending?
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.
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 long does it take NVC to schedule interview 2022?
How long does it take to get an appointment? Although NVC strives to schedule appointments within three months of NVC's acceptance of all requested documentation, this timeframe is subject to the operating status and capacity of the consular section.
How long does it take to get deferred action for U visa?
At this time we are seeing clients receive their work cards within approximately 6 months of filing the I-765 application, although processing times may vary in the future. The deferred action status and the work card are traditionally issued for a two year term.
Can I travel with U visa pending?
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 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.
When was the U visa created?
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, ...
What is a U visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking ...
How long is a nonimmigrant visa valid?
When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is (PDF, 96.74 KB):
How old do you have to be to get a derivative U visa?
If you, the principal, are... Then... Under 21 years of age. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
What is a nonimmigrant U?
U Nonimmigrant Eligibility. You are the victim of qualifying criminal activity. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, ...
What form do I use to apply for a waiver for a nonimmigrant?
laws. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Do you have to take additional steps to get a visa?
Petitioners do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.
When will the NSC begin adjudicating the U visa petition?
The NSC will begin adjudicating the initial batch of transferred cases after training is completed . Once the NSC completes the adjudication of the initial set of transferred U visa petitions, the VSC will transfer more cases to the NSC. At this time, we do not have an anticipated timeline for subsequent transfers.
Why is USCIS increasing processing times?
USCIS anticipates an initial increase in processing times to account for training of the new officers.
How long does it take for USCIS to respond to an inquiry?
USCIS anticipates providing a response within 14 business days of receiving your inquiry.
Who reviews U nonimmigrant cases?
During this time of training and mentoring, all decisions on U nonimmigrant status cases at the NSC will be reviewed by NSC and VSC supervisors.
Why am I on the U visa waitlist?
US CIS will notify you by mail if you are on the U visa waitlist, explaining that they can approve the U visa petition in the next fiscal year when a visa is available . The US CIS fiscal year begins on October 1st. While US CIS plans to approve the cases on the waitlist, they could change their mind if new negative factors come to their attention (e.g. certain arrests, misrepresentation, fraud).
Can I work while I am waiting for my U visa?
Generally, you do not get a work permit for simply filing a U visa application, but if US CIS places you on the U visa wait list (because of the U visa quota), you would be eligible for a work permit. US CIS gives applicants on the U visa wait list deferred action (or low priority for deportation), which makes them eligible to file for a work permit. Sometimes U visa applicants may hold or qualify for other forms of work authorization or status (e.g. based upon DACA, H-1B, H-4, L-1, L-2, OPT, pending green card, or certain deportation relief). U visa law and regulations are very different from other areas of immigration law, so be sure to contact a qualified immigration attorney to coordinate alternative status carefully and avoid unintentionally giving up an application, status, or work authorization.
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:
Do I Qualify for the U Visa?
To qualify for the U visa, the crime must have happened within US territory. Also, the victim of the crime must fulfill several criteria, such as:
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 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:
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.
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.
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 Martindale Nolo?
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
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.
What is VAWA law?
In addition, in recent years there has been heated debate in Congress about reauthorizing the Violence Against Women Act (VAWA), the law that gives USCIS the authority to issue U visas. Gaps in reauthorization can lead to delays in U visa processing.
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).
Why are processing times different from previous reports?
Processing times may differ from previously published reports due to system updates and post-adjudicative outcomes. Discrepancies from past historical processing time reports may exist due to differences in reporting procedures. Some of the forms have been aggregated.
What is the median of months?
The number of months presented is the median. It represents the time it took to complete 50% of the cases in a given time period.
When is the fiscal year?
The federal fiscal year is from October 1st through September 30th.
When did the EB-5 expire?
Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021. For information regarding Form I-526 petition processing, and the impact of the lapse in statutory authorization related to the EB-5 Immigrant Investor Regional Center Program, please see: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program.
What is the DOS visa bulletin?
DOS Visa Bulletin — Posted by DOS, it provides the cut-off dates which govern visa availability; in other words, it establishes the approximate waiting times to obtain an immigrant visa or “green card” based on the date a petition that has been approved by the USCIS was filed. A new DOS Visa Bulletin is posted every month..
What is priority date for green card?
For beneficiaries of immigrant visa petitions, the priority date is the date that will determine when they will be one step closer to becoming Green Card holders.
What countries are oversubscribed?
NOTE: Some countries, like China, India, Mexico and the Philippines, are more oversubscribed in certain categories than the rest of the world. For example, in the January 2017 Visa Bulletin, the cut-off date for Brothers and Sisters of U.S. Citizens (F4 in Family Sponsored) for most of the world was Nov 15, 2014. However, for those born in Mexico, the cut-off date was February 8, 1998 and the cutoff for the Philippines was March 1, 1995.
What is the country of chargeability?
Note: The country of chargeability is the country where you were born, regardless of your current citizenship or nationality.
Why are visas oversubscribed?
Because so many people want to live in the U.S. and have applied for the green card, some visa categories become “oversubscribed”, i.e. more people apply than there are green card numbers available. This creates a “backlog” or “retrogression.”.
Where is Eric from?
Eric is from China and has self-petitioned in the employment based 1st preference category or EB1 as an Alien of Extraordinary Ability. His priority date, the date his I-140, Immigrant Petition for Alien Worker, was submitted, is January 1, 2017. His I-140 was just approved.
When is Betty's priority date?
Betty’s priority date is November 15, 2016. Recently, Betty married Matthew, who was born in Canada. Betty and Matthew are in the U.S. in valid TN and TD status. According to the Visa Bulletin, the cut-off date for those chargeable to India is December 8, 2008, which is well before Betty’s priority date.
Visa Bulletin Final Action Dates
The lists below are updated annually. Please refer to the Visa Bulletin page for final action dates established during the current fiscal year or the archive section on that same page for past Visa Bulletins.
Multi-Year Reports
For more multi-year reports, please select a Report of the Visa Office.
How to withdraw a petition from NVC?
To withdraw a petition, you must submit a signed written statement requesting that the petition be withdrawn and explaining the reason to NVC using our Public Inquiry Form. If an attorney or accredited representative submits the request, a G-28, Notice of Entry of Appearance as Attorney or Representative, must accompany the request.
What happens if a visa is not available?
If a visa is not available, unfortunately there is nothing that NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.
How to change visa category back to F2B?
Applicants whose case is at NVC should submit requests using NVC’s online inquiry form. NVC will forward the request to USCIS and change the visa category back to F2B upon receipt of USCIS’s approval.
What does NVC do with a visa?
If a visa is available for your petition (or if the Department of State believes that one will be available in the next several months), NVC will send you, the beneficiary, a letter or email directing you to begin visa pre-processing with NVC.
What happens if you don't get a visa?
If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.
What is the effect of F2A on spouse?
Effect on spouses and minor children: If you filed a petition for your spouse or minor children (under age 21 and unmarried) while you were an LPR, the visa category was family second preference (F2A). When you become a U.S. citizen, NVC will upgrade the petition to an immediate relative (IR) visa category. This benefits your immigrating family member (s) because there are no limits on the number of visas that can be issued each year in the IR categories.
How to hire an attorney for a visa?
If you wish to hire an attorney, please submit a signed form G-28 Notice of Entry of Appearance as Attorney or Representative to the National Visa Center (NVC) using our Public Inquiry Form.
