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

By Denice Flores October 9, 2025
Under the new regulation, if a person filed or files Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, and the application remains pending with USCIS for 365 days, the applicant must pay an Annual Asylum Fee (AAF) on the one-year anniversary of his or her filing date.
By Shirin Navabi August 14, 2025
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.
By Denice Flores August 8, 2025
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.
Show More