Understanding The U Visa Bona Fide Determination Process – A Guide For Primary Petitioners And Family Members

The United States Citizenship and Immigration Services (USCIS) started the bona fide determination process in June 2021 to make the review of U nonimmigrant status petitions quicker and more efficient. The idea is to allow eligible victims of specific crimes to work legally and delay any potential deportation while they wait for their U visa petitions to be decided. This process helps victims feel more stable and willing to help law enforcement.

If you're dealing with U nonimmigrant status petitions, it’s best to seek the assistance of a family immigration lawyer in New York. It’s also important to understand the basics of bona fide determination.

Who does this process apply to?

The process applies to particular forms called Form I-918 petitions, which were either waiting for a decision as of June 14, 2021 or filed after that date. However, only those filed by principal petitioners applicants and their qualifying family members who live in the United States are covered by this policy. People living outside the United States cannot benefit from this process.

When did it start?

USCIS introduced this process on June 14, 2021, and began issuing Employment Authorization Documents (EADs) right away.

How does USCIS decide who gets these benefits?

USCIS goes through the petitions in the order they were received, starting with the oldest ones that had not already gone through a prior waiting list. 

What about petitions filed a long time ago?

If you filed a petition before June 14, 2021, USCIS has started reviewing those petitions specifically for bona fide determinations. If they decide in your favor, you will receive an EAD and deferred action without needing to wait on a list unless something new negatively affects your case. If you were already placed on a waiting list before June 14, 2021, you won't have to go through this new process.

Is there a difference between principal petitioners and their family members?

Yes, USCIS first looks at the principal petitioner's petition before evaluating any associated family members in the United States. They have to meet several criteria, like properly filing required forms and providing certain documents. Once the principal petitioner gets work authorization, USCIS reviews the family members' petitions, but they aren't automatically granted the same benefits; they have to independently meet specific requirements. This is where a family immigration lawyer in New York might come in handy.

The bona fide determination process is a key part of the U visa application process. Understanding its different aspects and knowing when to seek professional guidance from a family immigration lawyer in New York can be essential if you're dealing with this intricate legal area. Contact Berd & Klauss by calling 212-461-7152.

About the Author:

This content is written by Patrick Klauss, Esq, an immigration lawyer and a partner at Berd & Klauss, PLLC. The firm specializes in immigration and immigration-related issues and handles everything from immigrant visas to deportation and waivers.