Bona Fide Determination System for U-Visa Applicants

Angelica Rice • June 16, 2021

Great News for U-Visa Applicants 🎉

        Immigrants who apply for a U-Visa after being victim of a crime here in the United States, have to wait months, sometimes years for their application to be processed and hopefully approved. All the while, these applicant’s have no status and are unable to obtain work authorization. This has deterred many people from wanting to come forward and assist law enforcement with their investigations, meaning that more and more crimes go unsolved. Thankfully, USCIS has recognized this issue and as of June 14, 2021, has implemented a new policy that will change this!


 Click here to read this article in Spanish and Portuguese

     On June 14, 2021, USCIS announced a new system called “Bona Fide Determination”, to be used for U-Visa applications. Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.


More specifically, USCIS will deem a petition bona fide if: 


  • The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
  • The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
  • The result of the principal petitioner’s biometrics has been received.


     USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.

 

     This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021. 

This system serves to benefit both the United States as well as immigrant petitioners, by helping those who are victims of crime and simultaneously promoting public safety. Now petitioners will be able to work in the United States while their U-Visa application is pending, and minimize their fear of deportation.


   If you or someone you know would benefit from this new policy, contact Santos Lloyd about your case today.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.



Angelica Rice

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