The U-Visa: Delay and Waiting Periods
The U-Visa: Details
The variety of visas that the US government grants to immigrants, who want to reside legally in the country, is very wide.
One of the most requested visas by immigrants is the U-Visa. This residence permit attempts to protect victims, that are not US citizens, of crimes. This visa is also designed to help people who have suffered mental or physical abuse.
When you met the requirements and the U-Visa is approved, it allows you to live legally in the US for 4 years. After 3 years of having the U-Visa, you can apply to obtain the Green Card to be able to stay in the country permanently. Finally, when you get your Green Card, then, you can apply to be a US citizen.
Why does the U-Visa take so long and what are the waiting times?
This delay is because there are many U-Visas waiting to be approved. The process, from the moment you enter your application, until it is approved, may take between 4 or 5 years. This is the time stipulated by the United States Citizenship and Immigration Service, USCIS.
The U-Visa is highly demanded since it does not blame people for previous felonies or misdemeanors. For example, if immigrants impersonate US citizens, have many entrances and exits to the country, commit crimes or have been deported, they can still ask for forgiveness, request the U-Visa and obtain residence.
How many U-Visas are granted annually?
Every fiscal year (October 1 to September 30), 10,000 applications are issued; because of this, there is a long delay for those who are waiting for the U-Visa.
Since the process might take between 4 to 5 years, so far, there are between 40,000 and 50,000 applications waiting to be approved.
If you want to check your position in the waiting list, you can check the quarterly U-Visa waiting list using your (USCIS Form I-918).
The waiting time is distressing for immigrants because they must wait for one or two years to get a work permit before obtaining the U-Visa. There are several humanitarian organizations asking to the Congress and the President Trump to act and increase the U-Visa to 30,000 or more per year.
Can I be deported if I am in the process to obtain the U-Visa?
This is a very frequent question among people who are in the middle of this process. It is important to know that under the new administration of Donald Trump, any visa in process does not prevent deportation. The government has imposed several restrictions lately on immigration.
There have been several cases of people who have suffered deportation while they were waiting for the U-Visa to be approved. It is advisable to have the guidance of a lawyer specialized in immigration and deportation defense laws.
If you need guidance and help with your U-Visa, If you have any questions about an immigration issue or relating to a case you may have currently in Progress, then please don’t hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-1799