We know that the U Visa is an immigration benefit for victims of certain victims of certain crimes. However, approval can take several months or even years and many migrants do not know what to do while waiting for their application to be processed.
In this regard, one of the most common concerns is about the U visa work permit. Therefore, today we will answer some of the most common questions about this benefit and how to obtain it with the experts at Urbina Immigration Law.
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What legal status will I have while waiting for my U visa application to be processed?
While awaiting review of your application, USCIS provides you with a U-visa work permit and deferred action. deferred action. This action is not an immigration status but will allow you to work legally and protection from deportation while you wait for the USCIS decision.
This process can take years due to the limitation of annual visas, but you can apply by bona fide determination or waiting list and maintain your legal status. At Urbina Immigration Law we can help you. Contact us today and secure your future in the United States.
What is deferred action?
Deferred Action is a form of temporary relief from deportation granted to individuals who have a pending U visa application. Obtained by bona fide determination or waiting list, if certain eligibility requirements are met.
This allows applicants to obtain temporary legal status while awaiting the processing of their application. However, please note that this is a temporary benefit that must be renewed periodically. In addition, if your application is denied, your Deferred Action will expire, and you will no longer enjoy your benefits.
What is the U visa work permit?
The U visa work permit is a special benefit of this visa that allows its holders to work legally in the United States while their case is pending. It provides them with the opportunity to support themselves financially during the period when they are cooperating with the authorities in criminal investigations and legal proceedings.
How to get a work permit with a U visa?
There are then two ways to get U visa work authorization and deferred action:
- Through a bona fide determination (or determination of good faith)
- Through the waiting list.
Please note that any of these options could take years to process. At Urbina Immigration Law we can help you obtain temporary status while you await the processing of your application. Contact us today and secure your future in the United States.
What is a bona fide determination?
The bona fide determination is an evaluation by USCIS of U visa applications. It checks whether you have correctly filed Forms I-918 and I-918 Supplement B, verifies your personal statement about the crime, and corroborates your criminal history.
With these factors USCIS considers whether or not to grant U visa work authorization and deferred action. However, you may be denied a good faith determination if any of these circumstances apply:
- There are errors in the forms
- You do not file your personal statement.
- Incomplete biometry.
- You are considered a public safety risk.
What is the U visa waiting list?
The U visa waiting list is a process that applies when a work permit is not obtained by bona fide determination. If, after an initial evaluation, USCIS believes it will approve your application but there are no visas available, you will be placed on a waiting list.
During this time, USCUS will grant U visa work authorization and deferred action until a visa becomes available. However, due to high demand and the annual visa cap, this process can take years. Do not despair. At Urbina Immigration Law we can help you obtain the deferred action and U visa work permit you need to stabilize your life.
What documents do I need to submit to obtain a U visa work permit?
To obtain a U visa work permit, the following documents are required:
- Form I-918U Visa Application, duly completed.
- Form I-918 Supplement B Certification from law enforcement agency, also completed.
- Personal statement about the crime: A detailed description of the events that made you the victim of a qualifying crime.
- Criminal Background Check: Provide the required information to verify your criminal history.
- Supporting evidence of eligibility: Documentation supporting your status as a victim of a qualifying crime, such as police reports, restraining orders, etc.
- Evidence of cooperation with the authorities: Any evidence that demonstrates your cooperation in the investigation or prosecution of the crime.
- Proof of continuous presence: Documents showing that you have been in the United States for the required period.
- Passport size photographs according to USCIS specifications.
Submitting documents accurately and completely is crucial to obtaining a work permit while your application is being processed. At Urbina Immigration Law we can help you gather and complete the necessary documentation to avoid delays and inconveniences. Tell us about your case today and let’s start securing your future in the United States.
How long does the U visa work permit take?
The time to obtain a U visa work permit may vary. If you qualify by bona fide determination, the permit is granted during the initial review and is valid for four years, renewable until the final decision on your application.
In the case of the waiting list, a deferred action work permit is granted for four years, renewable until a visa becomes available, which can take years. Therefore, it is crucial to have professional legal assistance to renew this permit until the final approval of your U visa.
If my U visa application is approved, when can I obtain legal permanent residence?
If your U visa application is approved, you may apply for lawful permanent lawful permanent residence after having such status for three years and before it expires. However, it must meet certain requirements, including continuous presence in the U.S. and cooperation with authorities. Please note that the USCIS decision may take up to two years after filing the application.
My U visa application was denied, will I be deported?
It is unlikely, but not impossible, that I could be deported while awaiting approval of my U visa application. Deferred action usually protects me from deportation and ICE rarely acts if there is a pending U visa application, unless I am considered dangerous.
However, each ICE officer differs and immigration policies can change. Therefore, you should keep in mind that applying for a U visa does not guarantee protection, although, in general, deportation is less likely during this process.
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 this benefit. In addition, the same court may decide to administratively close your removal proceedings while your application is pending.
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, which may decide to administratively close your removal proceedings while your application is pending.
Secure your stability with a U visa work permit
In conclusion, both deferred action and U-visa work authorization are reliefs that mitigate the long waiting times for U-visa approval. However, it is important to understand that these are temporary reliefs and must be renewed periodically until final U visa approval is obtained.
Therefore, the assistance of immigration attorneys to help you file the paperwork and be aware of renewal deadlines is essential. At Urbina Immigration Law we can help you obtain the legal status you need and avoid unnecessary delays in your application. Contact us today for a consultation and take the first step towards a better future.
Sources
USCIS – Victims of Criminal Acts: U Nonimmigrant Status
USCIS – I-918, Petition for U Nonimmigrant Status
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Complete guide to the U Visa: What is it and how to apply?
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U Visa: Steps to follow after approval
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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?
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Deferred Action for U Visa: A Guide for Victims of Crime
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