There is currently a backlog of roughly 160,000 U visa cases pending with USCIS. Unfortunately, due to the 10,000 per year visa cap, there are countless individuals who are otherwise eligible for U visas, but are simply waiting in line for their case to be reviewed and ultimately approved. Earlier this year, the Biden Administration created the U Visa Bona Fide Determination ("BFD") process as a means to alleviate some of the current constraints on timely reviewing and adjudicating these cases. For those that qualify under this new process, they will receive work authorization and deferred action for a period of 4 years, which also can be renewed.
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Last month, we discussed the U-Visa and its eligibility requirements for crime victims seeking immigration benefits. In that post, we explained that in order to obtain relief via the U-visa, one of the guidelines is that you "were helpful, are helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the qualifying crime." This means that being the victim of a crime is not sufficient on its own, but that you must aid law enforcement in seeking justice. In order to satisfy this eligibility requirement, you must submit a Form I-918 Supplement B, U Nonimmigrant Status Certification, to the relevant law enforcement agency for their review, completion and signature. Essentially, this form certifies that you were, are or are likely to be helpful to law enforcement.
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In 1994, the U.S. Congress passed the Violence Against Women Act ("VAWA"), which provided funding for domestic violence enforcement efforts, research and data collection, prevention programs, and services for victims. VAWA also increased penalties for certain domestic violence-related crimes and expanded the Federal Criminal Code to include new categories of crimes. When VAWA was reauthorized by Congress in 2000, it also created the U Visa, which protects and assists victims who assist law enforcement agencies in investigating and prosecuting an array of crimes, including domestic violence. From an immigration perspective, VAWA amended the Immigration & Nationality Act to provide relief for non-citizens who are abused or battered by their U.S. citizen or legal permanent resident ("LPR") spouse or parent or U.S. citizen child.
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Almost twenty-one years ago, Congress passed the Victims of Trafficking and Violence Protection Act of 2000 ("VTVPA"), which encourages victims to report crimes and contribute to investigations and prosecutions regardless of their immigration status. In addition, the law provides support for investigating and prosecuting crimes committed against immigrant victims. The VTVPA helped establish the U visa, which is an immigration benefit that can be sought by crime victims who are assisting or have assisted law enforcement in the investigation or prosecution of a crime or are likely to be helpful in the investigation or prosecution of criminal activity.
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