If you were the victim of a crime and looking to immigrate to the United States, we may be able to help. The U Visa Bona Fide Determination (BFD) is a recent policy change from the U.S. Citizenship and Immigration Services (USCIS). This was specifically designed to provide faster relief to victims of certain qualifying crimes. The goal of this process is to grant eligible applicants the ability to obtain work authorization and deferred action much earlier than the standard U Visa timeline allows.
Simply put, this new policy has streamlined some of the processes for those who have suffered victimization and are seeking protection and legal status within the United States.
We can help you to navigate through this process. Over the years, we’ve helped many to obtain this visa, always doing so with the utmost professionalism and compassion. Now, we can put that experience to work for you and yours.
Who is Eligible for the U Visa Bona Fide Determination?
To qualify for deferred action and employment authorization through the U Visa Bona Fide Determination, an individual must meet specific criteria. Specifically, you have to be either a principal U Visa petitioner or a qualified relative of a U Visa petitioner. We can help in either scenario.
In terms of the former, to be a principal U Visa petitioner, you must have filed a complete Form I-918, Petition for U Nonimmigrant Status. This includes more than just filling out a form. You must also provide all required initial evidence. That could be a signed I-918 Supplement B law enforcement certification that is no more than six months old at the time of filing.
If you’re a qualified family member of someone who has filed for U Visa status, you may also qualify for the Bona Fide Determination. To qualify for this, the principal petitioner must have already received their Bona Fide Determination and you’ll need a completed Form I-918A showing proof of the familial relationship.
Why Would My Petition Be Denied?
It could be denied for many reasons. The USCIS will conduct a thorough background check. This background check ensures that the applicant does not pose a risk to public safety or national security. While the Bona Fide Determination provides relief for many, there are instances in which USCIS may deny the BFD or deferred action. An applicant with a criminal history, especially if convicted or arrested for acts that raise concerns about national security or public safety, may not be granted BFD.
USCIS reviews each case individually and takes into account various factors. However, not all criminal convictions will prevent an applicant from receiving a Bona Fide Determination.
USCIS will conduct periodic background checks and security screenings. These ongoing checks ensure that the individual remains eligible for deferred action. If USCIS determines at any time that an applicant no longer merits the protection granted, it may revoke the benefits associated with the Bona Fide Determination.
What if I am Denied?
If an individual is not granted a Bona Fide Determination, it does not mean they have been denied a U Visa. The next step depends on whether the individual is the principal applicant or a qualifying family member.
If denied, the principal applicant is placed on a waiting list. During this time, USCIS may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). If approved for the waiting list, the applicant may still receive work authorization and deferred action.
For those who receive the BFD, the journey toward U Visa approval continues, with the hope of eventual lawful status in the United States.
Immigration Attorneys With Experience
If you believe that you or someone you love may be eligible for this, there’s no downside to reaching out. We offer free case evaluations where we always treat your case with the discretion you deserve. If there’s even the slightest chance that you feel you may qualify for this, it’s worth it to contact us. Schedule a free case evaluation through our site or by calling.
