The U visa visa provides great relief to migrants who have been victims of certain crimes. However, the process can take years to be approved. That is why USCIS created the “U visa bona fide determination”. But what is it? What are the benefits? How to apply for it? Today we will look at these questions so that you can start your application informed.
The U visa process is extremely complex, especially for migrants who have just experienced a crime. Just obtaining the necessary documentation requires some legal knowledge. Therefore, it is important to seek help and not give up. Tell us about your case and let’s take the first step together towards your new life in the United States.
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What is a bona fide U visa permit?
“Bona fide” for U visa refers to the determination that a U visa application has been filed in a bona fide and legitimate manner. This initial assessment allows the applicant to receive certain interim benefits such as work authorization.
However, this does not mean that your U visa will be approved. This only provides temporary protection until USCIS makes a final determination. Therefore, it is essential to have an immigration attorney during the process. At Jaskot Law we can help you. Talk to a lawyer and take the first step towards your U visa.
What is the difference between the bona fide determination and the waiting list?
Bona fide for U visa differ from the waiting list in two main respects:
- Less stringent standards: the U visa bona fide determination has less stringent initial standards, based on complete and correct filing of the application, and criminal history.
- Waiting times: the U visa bona fide determination occurs prior to U visa approval, while the waiting list requires meeting all eligibility requirements and takes longer to process.
What are the benefits of the bona fide U visa?
The bona fide for U visa provide the following benefits:
- Protection from deportation through deferred action.
- Eligibility for work authorization (EAD) for four years.
- Renewal of the EAD if necessary.
- Issuance of an EAD valid for four years if requested with the initial U visa application.
- Possibility of requesting an EAD after receiving notification of the bona fide determination.
- Fee waiver for initial EAD (although it is required for renewals).
- Permission to travel outside the United States with certain restrictions (if you obtain an appropriate travel document).
The benefits of the bona fide U visa are provisional. This means that you will be able to enjoy them while your application is being processed. However, this does not guarantee that your U visa will be approved. Therefore, it is best to consult with an immigration attorney. Tell us your case and take the first step towards a better life in the United States.
Who can file a U visa good faith determination?
To apply for a U visa bona fide determination, you must meet the following requirements:
- Have filed a complete U visa application (Form I-918 or I-918A) with DHS or have filed a petition after June 14, 2021.
- Currently living in the United States.
- Include a certification of cooperation from a law enforcement or judicial authority (Form I-918B).
- Have been a victim of a qualifying crime under the U visa regulations.
- Demonstrate that you have cooperated or are willing to cooperate with the investigation or prosecution of the crime.
- Not have a serious criminal record that would preclude eligibility.
- Meet the inadmissibility requirements or, if necessary, have applied for a waiver of inadmissibility (Form I-192).
- Provide proof of identity and other required documentation.
Please note that the documentation necessary to prove the existence of the crime and your cooperation is not easy to obtain. Also, if you need a waiver, the process is different. Therefore, it is best to consult a lawyer. At Jaskot Law we can help you. Contact us and take the first step towards the visa you need.
What documents do I need to file a U visa bona fide determination?
To file a U visa bona fide determination, you must submit the following documents:
- Completed and signed Form I-918.
- Supplement B to Form I-918 within six months of the certifying officer’s signature.
- Personal statement describing the facts of the case.
- Any other evidence that demonstrates the existence of the crime and your cooperation with the authorities.
In addition, you must submit certain supporting documentation to obtain a U visa. This includes evidence of the crime and of your cooperation in the investigation. However, these documents are difficult to obtain if you do not have legal knowledge. Therefore, it is best to seek the assistance of an attorney. Contact us today and let’s get your documents in order.
How long does it take for a bona fide U visa application to be approved?
At this time, there is no average wait time for processing a bona fide U visa application. DHS has not explained the order in which it will evaluate bona fide determination cases. However, given the large backlog of cases, you should not expect quick action on your case.
Can I renew the bona fide U visa determination?
Yes, the U visa bona fide determination can be renewed. The renewal application must be filed no earlier than 180 days prior to its expiration. Failure to renew on time could result in a gap in employment authorization or deferred action status. Therefore, it is essential to file the renewal application on time.
Why can my bona fide for U visa petition be denied?
Generally, USCIS does not grant U visa bona fides to migrants with criminal records. This applies to those with convictions as well as those who have only been arrested for the following crimes:
– Murder.
– Sexual abuse.
– Offenses involving firearms, explosive materials or destructive devices.
– Offenses involving trafficking in persons.
– Aggravated assault.
– Manufacture, distribution or sale of drugs or narcotics.
What happens if my bona fide for U visa petition is denied?
If your bona fide U visa petition is denied, it goes to adjudication for the waiting list. This is not a final denial of your application, but you will not enjoy the benefits of the visa until it is granted. In addition, during this process, the applicant may receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Does the bona fide U visa guarantee approval of my visa?
No, receiving a good faith U visa determination does not guarantee that your visa will be approved. It is only a USCIS policy that the application has been made in good faith and the applicant has met the necessary requirements. This is why the benefits of this visa are temporarily provided to you.
The granting of the U visa is a separate process. It can still be denied if you do not meet the requirements or do not present the necessary documentation. Therefore, it is best to seek the help of an attorney to accompany you throughout the process. Contact us and get the legal assistance you need.
Legal Help for your Bona Fide U Visa
As we have seen, the bona fide U visa is a great way to deal with the lengthy wait times for this visa. This determination grants the benefits of a U visa while it is still being processed. This gives applicants a lot of peace of mind. However, it does not imply that you will be granted the visa.
Therefore, it is essential that you understand the steps that follow the approval of the good faith determination. If you have questions about the process or how to apply, an experienced attorney at Jaskot Law can review your case and strengthen your application. Contact us today and take the next step in your immigration process!
Sources
USCIS – Victims of Criminal Acts: U Nonimmigrant Status
USCIS – I-918, Petition for U Nonimmigrant Status
USCIS – U-Visa Processing and Authenticity Determinations: Frequently Asked Questions
Other resources
How to apply for a U Visa if you are an indirect victim of crime
