The United States offers a unique type of visa to non-citizens who are victims of certain crimes who have suffered physical or mental abuses and are willing to assist law enforcement in the investigation or prosecution of the crime. These visas are known as U visas and provide temporary legal status to victims of crime.
However, due to the limited number of U visas available each year, many applicants have to wait years before their applications are processed. To help solve this problem, the U.S. government also provides a form of temporary relief known as the Deferred Action U Visa.
In this article, by the experts at the law offices of Urbina Immigration Law, we will provide an overview and explain what U Visa deferred action is and how it works. Contact us at 770-609-1841.
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What is Deferred Action for Visa u?
Deferred Action U-Visa is a form of temporary relief from deportation that is granted to individuals who have applied for a U-Visa, fulfill certain eligibility requirements, but have not yet received a decision on their application. This allows individuals to remain legally in the United States.
In order to qualify for the immigration relief that is Deferred Action for U visas, applicants must have a U visa application pending with USCIS and must demonstrate that they are not an immediate threat to national security or public safety. In addition, they must demonstrate that they are not subject to any criminal or other factors that would make them ineligible for the U visa itself.
Deferred Action U-Visa also provides certain benefits, such as the ability to obtain work authorization, Social Security numbers and protection from deportation while the U-Visa application is pending.
It is important to note that Deferred Action for U visas does not provide a path to lawful permanent residence or citizenship, and must be renewed every two years if the U visa application is still pending. In addition, if an applicant’s U visa application is ultimately denied, Deferred Action will expire and they will no longer be protected from deportation.
However, the U visa could grant you the possibility to apply for citizenship once you officially obtain it. You can read more about this topic in our article about how to obtain legal permanent residency after getting a U visa
If you or someone you know has been a victim of a crime and are looking for help with U visas and deferred action, please do not hesitate to contact Urbina Immigration Law. Our team of experienced attorneys is dedicated to helping crime victims get the protection and support they deserve. Contact us for more information and to schedule a consultation today.
Who is eligible for the Deferred Action U Visa?
If you have been a victim of a crime and are seeking help with your immigration case, we understand that this can be a stressful and difficult time for you. The good news is that the U.S. government offers a unique type of visa known as the U Visa Deferred Action.
This immigration relief provides temporary relief from deportation while you await a decision on your application. In this way, you will be able to obtain some peace of mind and work legally in the US. while awaiting resolution.
If you are considering applying for Deferred Action for U visas, it is important to know what eligibility requirements must be met and what documentation must be submitted. To help you better understand the process, we have compiled a list of what you need to know:
- To be eligible for the immigration relief that is Deferred Action for U Visa, you must have a U visa application pending with USCIS.
- You must demonstrate that you are not an immediate threat to national security or public safety.
- Must be eligible for a U visa. That is, demonstrate that you are not subject to any criminal or other factors that would make you ineligible for a U visa.
Please note that, while a criminal record criminal history may be a problem when applying for the Deferred Action U Visa, there are certain crimes that may be forgivable. You can read more about them in our article about U visa pardonable offenses..
Which immediate family members are eligible for the Deferred Action U Visa?
If your close relatives If they are in the United States, USCIS can also grant them work authorization and immigration relief that is deferred action for a U visa. Form I-918 Supplement A (derivative application form) was complete and properly submitted and that they have a type of relationship with you that makes them eligible.
In other words, they must show evidence of:
- If you were of legal age when you applied for your U visa: who are your spouse or child (under 21 years of age).
- If you were under the age of 21 when you applied for your U visa: who are your parent or unmarried sibling under the age of 18.
USCIS will also check their criminal history and consider the pros and cons before deciding whether or not to grant them a four-year work permit and their Deferred Action U Visa.
Please note that the USCIS will not grant a bona fide determination and a work permit to your family members if:
- You (the principal applicant) do not receive a good faith determination.
- Your Form I-918 Supplement A is not complete and properly filed.
- They do not include evidence of their relationship with you.
- They do not complete their biometrics (fingerprints).
- USCIS considers your family members to be a threat to public safety or national security.
How can I get a work permit and Deferred Action U Visa?
There are two ways to get a work permit and deferred action:
- Through a bona fide determination.
- Through the waiting list.
Good faith determination
For a good faith determination, USCIS conducts a simple examination of your petition. This ensures that the Form I-918 (U visa application) and Form I-918 Addendum B (compliance verification) are complete and properly filed.
As a second step, USCIS will conduct a criminal background check. Based on that verification and any other details of your criminal and immigration documentation, the agency will evaluate the advantages and disadvantages of granting you employment authorization and a temporary stay.
If the advantages outweigh the disadvantages, USCIS will grant U visa employment authorization and deferred action for four years. You will be able to renew it until a final decision on your U visa is issued.
It is important to know that USCIS will not grant you deferred action and your employment authorization if:
- Your Form I-918 or Form I-918 Addendum B is deficient or has been filed incorrectly.
- It does not include a personal statement.
- You do not complete your biometric data (fingerprints).
- USCIS considers you to be a threat to public safety or national security.
Waiting list
If USCIS decides not to grant you a work permit through the good faith determination, it will conduct a full evaluation of your application. If they understand that you are likely to be approved but they have already exhausted the visas, they can grant for that year, they will place you on a waiting list.
Being on the waiting list will automatically grant you the benefit of deferred action for a U visa and a work permit for four years. They can be renewed until your U visa is available.
We understand that this information can be overwhelming, so we strongly recommend seeking the advice of an immigration attorney who specializes in U visa cases. At Urbina Immigration Law, we are dedicated to helping victims of crime navigate the complex U.S. immigration system. and ensure the protection they need. Contact us today to learn more about how we can help you.
What documentation do I need to submit to obtain the Deferred Action U Visa?
If you are requesting U Visa deferred action, it is important that you are aware of the necessary documentation that must be included with your request. Along with Form I-918, there are specific forms of identification and proof of eligibility that you must provide.
You must submit the following documentation with your application:
- Form I-918 (U visa application form) and Form I-918 Supplement B (law enforcement agency certification).
- Proof that you have a U visa application pending with USCIS.
- Proof of identity, such as a passport or government-issued identity card.
- Proof of residency, such as a lease or utility bill.
- Proof that you meet the eligibility criteria.
Tips for completing the application
It is important to ensure that your application is completed accurately and efficiently to avoid delays or denials. Here are some tips to help you:
- Double check all information to make sure it is accurate and up to date.
- Keep copies of all documents you submit for your records.
- Seek the advice of an experienced immigration attorney to guide you through the process and ensure that your application is completed correctly.
At Urbina Immigration Law, we understand that the Deferred Action for U Visa application process can be overwhelming. That’s why we’re here to help. Our team of experienced attorneys can guide you through the process, help you gather the necessary documentation and ensure that your application is completed accurately and efficiently. Contact us today to learn more about how we can help you.
What is Deferred Action for U visa and who can apply for it?
Deferred Action for U Visa is a temporary protection from deportation and work authorization that is available to individuals who have applied for a U Visa but have not yet received a decision on their case. To qualify for Deferred Action for U visas, you must have a U visa application pending with USCIS, show that you are a victim of a qualifying crime, and demonstrate that your removal from the United States would be an extreme hardship.
Can I apply for Deferred Action for U Visa if I am in deportation proceedings?
Yes, you can apply for Deferred Action for U Visa even if you are in deportation proceedings. However, you must inform the immigration court that you have applied for Deferred Action for U visa, and the court may decide to administratively close your removal proceedings while your application is pending.
How long does Deferred Action for U Visa last?
Deferred Action for U visa is granted for a period of four years and can be renewed to obtain the U visa. However, it is important to note that it does not provide a pathway to permanent residency or citizenship.
Do I need an immigration attorney to apply for Deferred Action for U Visa?
While it is not necessary to have an immigration attorney to apply for Deferred Action for U Visa, it is highly recommended to seek legal advice and guidance to ensure that your application is complete, accurate and properly filed. An experienced immigration attorney can help you understand your eligibility for Deferred Action for U Visa, gather and present the necessary evidence, and navigate the potential legal issues that may arise.
Secure Your Future with a Visa U Deferred Share
In conclusion, the benefit that is Deferred Action for U visas is a valuable opportunity for victims of certain crimes to receive protection and work authorization while their U visa applications are pending. Eligibility requires an approved U visa application or being on the waiting list for a U visa.
It is important to maintain legal status with deferred action and seek assistance for the application process and any renewal. In these cases, seeking the assistance of an immigration attorney who specializes in U visa cases is highly recommended. Do not hesitate to contact Urbina Immigration Law.
Our attorneys experienced in these types of cases are here to guide you through the legal process and fight for your rights. We understand the challenges you may face and are committed to providing compassionate and personalized representation. Contact us today for a consultation and take the first step towards a better future.
Sources
USCIS – U Visa
USCIS – Form I-918 / Form I-918 Supplement B
Other visa U articles that may interest you
Complete guide to the U Visa: What is it and how to apply?
U Visa Frequently Asked Questions: Clear Your Doubts
What is the U visa? How can you help me?
U Visa: Steps to follow after approval
How to obtain legal permanent residence after obtaining a U visa?
Can I travel outside the U.S. if my U visa application is approved?
Guide for beneficiaries: If I have a U Visa, can I get married?
Can the U visa be denied?: Tips for success
U Visa Benefits: Which crimes are pardonable and which are not
U Visa Bona Fide Determination Process: Eligible Applications and Benefits
