Andy Gene Strickland, Immigration Lawyer Discusses the U-Visa/Victim of Crime Visa:

The U nonimmigrant status (U visa) is available to 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.  Immigration Attorney Andy Gene Strickland has filed a number of these visas over the past two decades.

In June 2021, due to long backlogs, USCIS outlined the process to determine whether a U-visa petition is bona fide. The bona fide determination process or (BFD) is used to grant deferred action and issue employment authorization to U-visa petitioners who are found to have bona fide applications.

The BFD process was created with the goal of conducting initial reviews of petitions for U nonimmigrant status more efficiently and providing eligible victims of qualifying crimes with employment authorization and deferred action while they await a final adjudication of their petition for U nonimmigrant status under the annual statutory cap.

The USCIS has stated that the determination of whether a petition is bona fide is based on whether the application is complete, including evidence and background checks, as well as whether there are any national security or public safety risks.  Keep in mind that this is a discretionary determination.

Once the USCIS decides that the U-visa application is bona fide, the applicant will be granted deferred action and will be eligible for work authorization for four years.  Qualifying family members are also eligible.  Again, the USCIS (United States Citizenship and Immigration Service) has stated that the determination of whether a petition is bona fide is based on whether the application is complete, including evidence and background checks, as well as whether there are any national security or public safety risks. Keep in mind that this is a discretionary determination.

If a Form I-765 was not included with the initial application packet, a Bona Fide Determination Notice will be issued requesting that Form I-765 be submitted.  Once USCIS decides that the U-visa application is bona fide, the applicant will be granted deferred action and will be eligible for work authorization for four years.

Please keep in mind that a BFD does not guarantee that USCIS will grant your U-visa petition. You do not need to take any affirmative action if your U-visa petition is currently pending. USCIS will review cases and make determinations. Unfortunately, there are no timelines for how long USCIS will take to review a pending petition.

If you have any questions regarding this process or believe that you may be eligible for employment authorization as a bona fide U-visa petitioner, we encourage you to contact our office at Andy Gene Strickland at 727-323-8188.

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