U Visa Processing Times: Getting Work While You Wait

The U visa provides temporary legal status to the victim and allows them to remain in the United States for up to four years.

The processing time for U visas can vary depending on a number of factors, such as the volume of applications received by the United States Citizenship and Immigration Services (USCIS), the complexity of the case, and the availability of resources to process the applications. According to the USCIS, the processing time for U visas can take several months to several years. It is important for applicants to be patient and to stay informed about the status of their application. They can check the USCIS Processing Times webpage for updates on the processing time of their application.

One key benefit to applying for a UVISA is you receive an EAD work permit that is good for 3 years so you can work and get a social security number while you wait. Similar to U Visa processing times, the waiting time for an EAD work permit can last anywhere from several months to several years.

Fortunately, a company called Pro Se Pro specializes in helping U Visa applicants drastically reduce the wait time for a U Visa EAD work permit. Pro Se Pro customers are seeing an average time of 37 days to receive an approval for their EAD work permits.

How To Reduce The U Visa Work Permit Waiting Time

If you are waiting for your UVisa, a service is now available that helps to drastically reduce the time you wait to get your work permit.

Pro Se Pro, a company dedicated to helping immigrants reduce their waiting times, has partnered with Banias Law to create a service to receive your BFD EAD in 60 to 90 days. Recent customers are averaging around 37 days to receive their work permit.

The service provides assistance to help create a Pro Se case to submit to the US Government to demand a response to your U Visa application. The Government legally must respond within 60 days of receipt of the Pro Se complaint, so customers are seeing great success and fast response times.

Banias Law worked to assist Pro Se Pro with this case type because they believe these are high settlement cases that rarely require the involvement of an attorney. Applicants can take action and get faster and better results than waiting on a traditional attorney.

Pro Se Pro does not represent you because they are not a law firm, but they provide assistance to file your case and support you throughout the process.

If you are ready to take action and file a demand for your work authorization, Pro Se Pro is ready to help you get your work authorization.

Understanding U Visa

U Visa Basics

The U visa is a nonimmigrant visa that is available to individuals who have suffered substantial physical or mental abuse as a result of certain criminal activities, and who are willing to assist law enforcement in the investigation or prosecution of those crimes. The U visa is designed to provide victims of crime with protection from deportation and work authorization in the United States.

The U visa is available to victims of crimes such as domestic violence, sexual assault, human trafficking, and other qualifying criminal activities. The U visa is a temporary visa that is valid for up to four years, and it may be extended in certain circumstances.

Eligibility Criteria

To be eligible for a U visa, an individual must meet certain eligibility criteria. The individual must have suffered substantial physical or mental abuse as a result of the criminal activity, and must be willing to assist law enforcement in the investigation or prosecution of the crime. The individual must also be admissible to the United States, or must be eligible for a waiver of inadmissibility.

The U visa is available to both documented and undocumented individuals, and there is no requirement that the individual be in lawful immigration status at the time of application. However, the individual must be present in the United States at the time of application.

Benefits of U Visa

The U visa provides several benefits to victims of crime. In addition to protection from deportation and work authorization, the U visa also provides a pathway to lawful permanent residence, or a green card. After three years of continuous presence in the United States on a U visa, the individual may be eligible to apply for a green card.

The U visa also provides certain benefits to family members of the U visa holder. The spouse and children of the U visa holder may be eligible to apply for derivative U visas, which provide the same protections and benefits as the primary U visa.

Overall, the U visa provides an important form of relief for victims of crime who are willing to assist law enforcement in the investigation or prosecution of those crimes. While the U visa processing times can be lengthy, the benefits of the U visa can be life-changing for those who are eligible.

Note: For more information on U visa processing times, please refer to USCIS Humanitarian Petitions: U Visa Processing Times.

U Visa Application Process

To apply for a U visa, an individual must complete and submit Form I-918, Petition for U Nonimmigrant Status, along with any required supporting documentation. The following sub-sections provide more details on the application process.

Application Forms

Form I-918 is the primary form required to apply for a U visa. In addition to this form, applicants may need to submit additional forms depending on their circumstances. For example, applicants who are inadmissible to the United States may need to file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Submission of Evidence

To support their U visa application, applicants must provide evidence that they meet the eligibility requirements for the U visa, including that they have been a victim of a qualifying criminal activity and that they have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the criminal activity. Evidence may include police reports, court records, medical records, and affidavits from law enforcement officials.

Interview Process

After USCIS receives the U visa application, the agency will review the application and may schedule an interview with the applicant. During the interview, USCIS may ask the applicant questions about their eligibility for the U visa and the evidence provided in support of their application. If USCIS approves the U visa application, the applicant will receive a Notice of Approval and may apply for U nonimmigrant status.

It is important to note that the U visa application process can be complex and time-consuming. Applicants may benefit from seeking the assistance of an experienced immigration attorney to help them navigate the process and ensure that their application is complete and accurate.

Processing Times and Stages

U visa processing times can vary depending on the stage of the application. The United States Citizenship and Immigration Services (USCIS) is responsible for processing U visa applications. The processing time for U visa applications can take several months to several years.

Initial Processing

During the initial processing stage, the USCIS reviews the U visa application to ensure that it is complete and accurate. The USCIS may request additional evidence or information to support the application. The processing time for the initial processing stage can take several months.

Consular Processing

If the U visa applicant is outside of the United States, they may be required to go through consular processing. Consular processing involves the U.S. Department of State and the U.S. consulate in the applicant's home country. The processing time for consular processing can vary depending on the country and the consulate.

Post-Interview Processing

After the USCIS approves the U visa application, the applicant may be required to attend an interview. The processing time for post-interview processing can take several months. During this stage, the USCIS reviews the applicant's case to ensure that they meet all the requirements for a U visa. If the USCIS approves the application, the applicant may be granted deferred action, which allows them to stay in the United States for a period of time.

Overall, the processing time for U visa applications can vary depending on the stage of the application. The wait time for U visa applications can be long, and applicants may need to be patient throughout the process.

Legal Assistance and Representation

Role of an Attorney

Navigating the U visa process can be complex and confusing, which is why many petitioners seek the assistance of an experienced immigration attorney. An attorney can provide valuable guidance and support throughout the process, helping to ensure that the petitioner's application is complete and accurate and that all necessary supporting documentation is included.

Attorneys can also help to advocate for the petitioner's rights and interests throughout the process, including communicating with USCIS on the petitioner's behalf and representing the petitioner in court if necessary. They can help to ensure that the petitioner's rights are protected and that their application is processed fairly and efficiently.

Rights of the Petitioner

It is important for petitioners to understand their rights throughout the U visa process. Petitioners have the right to:

• Be treated with respect and dignity by USCIS officials and staff
• Receive accurate and timely information about the status of their application
• Have their application reviewed fairly and impartially
• Have an attorney or representative of their choice assist them with their application
• Appeal any adverse decisions made by USCIS

Petitioners should also be aware of their responsibilities throughout the process, including providing accurate and complete information and documentation, responding promptly to USCIS requests for additional information or documentation, and notifying USCIS of any changes to their contact information or other relevant details.

Overall, working with an experienced attorney can be a valuable asset for petitioners seeking to navigate the U visa process. Attorneys can provide valuable guidance and support throughout the process and help to ensure that the petitioner's rights are protected and their application is processed fairly and efficiently.

Post U Visa Status

After receiving a U visa, the applicant's status changes from undocumented to lawful nonimmigrant status for four years. During this period, the U visa holder may apply for work authorization by filing Form I-765 with the United States Citizenship and Immigration Services (USCIS). The processing time for an Employment Authorization Document (EAD) application varies based on the USCIS workload, but it usually takes around three to six months to receive the EAD.

Work Authorization

Once the U visa holder receives the EAD, he or she may work legally in the United States. The U visa holder may also apply for a Social Security number (SSN) and a driver's license. The EAD is valid for one year, but it can be renewed as long as the U visa holder's status remains valid.

Adjustment of Status

After three years of being in U visa status, the U visa holder may apply for adjustment of status to become a lawful permanent resident (LPR) by filing Form I-485 with USCIS. The U visa holder must meet certain requirements to be eligible for adjustment of status, such as maintaining continuous physical presence in the United States, being admissible to the United States, and not being barred from adjusting status.

Path to Citizenship

Once the U visa holder becomes an LPR, he or she may apply for naturalization to become a U.S. citizen. The U visa holder must meet certain requirements to be eligible for naturalization, such as being at least 18 years old, having continuous residence in the United States for at least five years (or three years if married to a U.S. citizen), being physically present in the United States for at least half of the required residence period, and having good moral character.

In conclusion, receiving a U visa opens up a path to legal status and eventual citizenship for victims of certain crimes. The U visa holder may apply for work authorization, adjustment of status, and naturalization, as long as he or she meets the eligibility requirements.

Challenges and Exceptions in U Visa Processing

Admissibility Issues

One of the biggest challenges in U visa processing is admissibility issues. Noncitizens who are inadmissible to the United States may not be eligible for a U visa. Inadmissibility can be due to a variety of reasons, such as a criminal record or health issues.

If a noncitizen is found inadmissible, they may be placed in removal proceedings. Removal proceedings can be a lengthy process, which can further delay U visa processing.

Waivers and Exceptions

In some cases, waivers and exceptions may be available to overcome admissibility issues. For example, noncitizens who are inadmissible due to criminal convictions may be able to obtain a waiver of inadmissibility.

Additionally, certain exceptions may be available to noncitizens who are inadmissible due to health issues. For example, noncitizens who are inadmissible due to a communicable disease may be able to obtain a waiver of inadmissibility if they can show that they pose no threat to public health.

It is important to note that waivers and exceptions are not guaranteed and are subject to discretionary review by USCIS.

Overall, admissibility issues and the availability of waivers and exceptions can significantly impact U visa processing times. Noncitizens who are inadmissible or who require waivers or exceptions should consult with an experienced immigration attorney to discuss their options.

That said, it is important to note that the Vermont Service Center and the U.S. embassy are doing their best to process U visa applications as quickly as possible. However, the backlog of U visa applications means that many immigrants are still waiting for their applications to be processed.

Additional Information and Resources

The U visa program is a valuable resource for victims of certain crimes who are willing to assist law enforcement in the investigation and prosecution of those crimes. While the benefits of the U visa are clear, the processing times for U visa petitions can be lengthy.

The USCIS Vermont Service Center is responsible for processing U visa petitions. In recent years, the wait time for U visa adjudication has increased significantly, with some applicants waiting several years for a decision. According to a report by USCIS, as of September 2021, there were approximately 270,000 individuals on the waiting list for U visas, and the waiting time for a U visa can be several years.

Frequently Asked Questions

What is the current processing time for U visa applications in 2023?

As of October 17, 2023, the current processing time for U visa applications is not available on the USCIS website. However, applicants can check the processing times for their specific case type and location by visiting the USCIS Processing Times page and selecting the appropriate form and office.

How long does it take for USCIS to process U visa applications?

The processing time for U visa applications varies depending on many factors, such as the complexity of the case and the workload of the USCIS office processing the application. According to the USCIS website, the agency strives to process U visa applications as quickly as possible and to give priority to cases involving victims of serious crimes.

What is the average processing time for U visa applications?

The average processing time for U visa applications can vary widely, but it is typically several months to more than a year. According to VisaPlace, an application for a U visa can take anywhere from six months to several years to process, depending on the individual case.

Is there a waiting list for U visas and how long is it?

Yes, there is a waiting list for U visas, and it is currently several years long. According to the USCIS website, the agency can only grant up to 10,000 U visas per fiscal year, and there is a waiting list for applicants whose petitions are approved but who cannot be immediately granted a visa due to this cap.

Can I work in the US while waiting for my U visa application to be processed?

Yes, applicants for U visas can apply for work authorization while their application is pending. According to the USCIS website, applicants can file Form I-765, Application for Employment Authorization, along with their U visa application or at any time while their application is pending. If approved, the applicant will be authorized to work in the US while waiting for a decision on their U visa application.

Disclaimer: The above is a sponsored post, the views expressed are those of the sponsor/author and do not represent the stand and views of Outlook Editorial.