For immigrants who have been victims of crimes while in the United States, the U visa can provide a pathway. This visa can help those who have suffered from substantial mental or physical abuse and are assisting or have assisted law enforcement in prosecuting offenders. Understanding the U visa bona fide determination process and whether it works for your situation is just one of the ways that an attorney from our firm can help.
If you believe there’s even a slight chance that you could be eligible for the U visa or any other, it’s worth it to reach out to us for a free case evaluation.
What is a U Visa Bona Fide Determination?
The U visa bona fide determination process serves as an initial step for applicants seeking the benefits of a U visa. During this stage, the United States Citizenship and Immigration Services (USCIS) reviews your submission to confirm it meets the basic eligibility requirements.
The purpose of this process is to ensure that your application is credible enough for further review. If your application passes the bona fide review, it demonstrates that you potentially qualify for U visa status.
Benefits of U Visa Application
Applying for a U visa offers several long-term benefits. Importantly, this visa helps protect victims of qualifying crimes who might otherwise feel unsafe or face deportation. Here’s how the U visa could positively impact your life:
- Legal Status: The U visa provides temporary immigration status. After three years of maintaining this status, you may be eligible to apply for a green card.
- Work Authorization: After your application passes bona fide determination, you may qualify for a work permit, providing you with the ability to work legally in the United States.
- Family Inclusion: Certain family members, such as spouses and children, may also be eligible to apply as derivatives.
- Pathway to Citizenship: This visa creates opportunities to eventually adjust to lawful permanent residency, or a green card, with the possibility of citizenship in the future.
U Visa Bona Fide Determine If It’s Right for You
What Qualifies as Bona Fide?
For your U visa application to pass the bona fide determination phase, USCIS will consider several important factors. Each case is different, but some general eligibility requirements include:
- Evidence of Victimization: You must show that you were the victim of a qualifying criminal activity. Crimes such as domestic violence, trafficking, sexual assault, and abduction are a few examples of qualifying offenses.
- Substantial Abuse: Applicants must provide evidence that they suffered significant physical or mental harm from the crime. Demonstrating this may involve submitting medical records, mental health evaluations, or statements from therapists or advocates.
- Law Enforcement Cooperation: A key requirement is proof that you are cooperating, or have previously cooperated, with law enforcement in the investigation or prosecution of the crime. This cooperation must be documented.
- Admissibility: You must meet the standard admissibility requirements of U.S. immigration law. If there are factors that would make you inadmissible, such as prior immigration violations, it’s worth it to contact an experienced attorney.
Factors That Can Complicate the Process
While the bona fide determination phase is a crucial step forward, some challenges may arise during this stage. For example, obtaining Form I-918, Supplement B from the appropriate law enforcement agency can sometimes be difficult. Agencies may be hesitant to provide the certification, or miscommunication can lead to delays.
Additionally, ensuring your application is complete and includes proper evidence is essential, as any missing information could prolong your case. Filing for a waiver of inadmissibility can also require additional time and supporting documents, depending on the details of your situation.
How an Attorney Can Assist With This Process
The U visa application process, including bona fide determination, requires significant attention to detail. Working with an immigration attorney familiar with U visas can provide several advantages. They can guide you in preparing your documentation and filing it properly with USCIS. Legal support might also be helpful when communicating with law enforcement or pursuing waivers for inadmissibility.
Immigration attorneys can help victims gather affidavits, coordinate with mental health professionals, or obtain evidence demonstrating the impact of the crime. With support, you can approach the process with more confidence and minimize the likelihood of avoidable delays.
Finding the Right Fit
For those who have experienced hardship as the victim of a crime, pursuing a U visa could provide a path toward safety, stability, and opportunity in the United States. The bona fide determination is an integral part of the application process, serving as an initial step toward securing these benefits.
Each applicant’s situation is unique, and seeking reliable advice can help clarify whether this route aligns with your needs and circumstances. The Rijal Law Firm works closely with individuals navigating the U visa process. If you need assistance taking the next steps, consider scheduling a free consultation. The help you need may be closer than you think.
