What happens after I submit a U-visa application?
Santos Lloyd Law Team • March 11, 2022
Click here to read this article in Spanish
For information on what a U visa
is and who is eligible for it, please read here. This blog post discusses what happens after you submit the U visa petition.
How long do I have to wait for the petition to be decided?
As of June 2021, the wait time for a decision on the U visa is approximately 5 years. The wait time will likely be longer for those filing in 2022 because there is a large backlog of U-visa petitions awaiting adjudication.
Why is the wait time so long?
USCIS caps the number of U visas each year at 10,000, even though tens of thousands of applicants apply every year. Once the cap is reached, the remaining applicants are placed on a waiting list. This creates a backlog that stretches back approximately five years.
Can I work while my U visa petition is pending?
Because of the backlog in pending applications, USCIS may grant work permits for those awaiting a final decision on their U visa petitions. Once the work permit is granted, you can work while awaiting the final decision. The work permit lasts for four years but can be extended until the U visa petition is decided.
Am I subject to deportation while my application is pending?
Similar to the work permit, applicants can apply for “deferred action” lasting for four years, but it can be extended until the U visa petition is decided. “Deferred action” is not an immigration status, but it allows USCIS to give you a work permit so you can work legally while awaiting decision on your U visa petition. With deferred action, the government deems you a low priority for deportation, making deportation less likely.
How long will it take for my work permit and deferred action to be granted?
It can take several years before your application for a work permit/deferred action is granted. This is because the U visa backlog is so long. As a result, you will not have a work permit or any legal status or protection from deportation while the work permit/deferred action applications are pending.
If my U visa application gets denied, will I be deported?
If USCIS denies your request for a U visa, then your status is still the same as it was before you applied. The denial will not automatically trigger removal proceedings.
If my U visa petition is approved, when can I apply for lawful permanent residence (a green card)?
You must have a U visa for three years before you can apply for lawful permanent residence. To be eligible for lawful permanent residence, the following criteria must be satisfied:
- You have been physically in the U.S. for a “continuous period” of at least three years since the date your U visa was granted. A “continuous period” means that you cannot leave the U.S. for 90 days in a row or for 180 days in total during the three years.
- You cooperated with law enforcement if they asked you to cooperate with the criminal investigation or prosecution after the U visa was granted.
- Your continued presence in the United States is “justified on humanitarian grounds, to ensure family unity, or it is in the public interest.” This is a balancing test left to the government’s discretion. But, if you do not have a criminal history or significant immigration violations in the past, it will likely be considered “in the public interest” for you to continue to remain in the U.S.
How long will it take USCIS to decide my application for a green card?
It will take approximately two years, but timelines are subject to change. While you wait for the decision, USCIS will extend your U visa status and work permit.
If you would like to know more about applying for a U visa, please contact Santos Lloyd Law Firm and our talented team of experienced immigration attorneys will be able to assist you.
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.
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