Facebook-f Linkedin-in Instagram Youtube

U Visa:

My U Visa was filed 5 years or 6 years ago. When will I hear anything?

i. Follow Case processing times at https://bcalawfirm.com/case-processing-times-once-petition-filed/

ii. The limit on the number of U visas that may be granted to
principal petitioners each year is 10,000. The number of U applications
far exceeds this amount. Under current backlogged case processing times,
applicants face a multi-year wait for U visa adjudication, and then
additional time before a U visa can be issued to them due to the cap.

iii. While waiting for a U visa to become available, Applicants are
generally placed on a lengthy waitlist (unless they get BFD) after their
petition has been preliminarily reviewed and found approvable.

मेरा यू वीज़ा 5 साल या 6 साल पहले दाखिल किया गया था। मैं कब कुछ सुनूंगा?
मैं। https://bcalawfirm.com/case-processing-times-once-petition-filed/ पर केस प्रोसेसिंग समय का पालन करें।

द्वितीय. यू वीज़ा की संख्या की सीमा जिसे प्रदान किया जा सकता है
प्रत्येक वर्ष प्रमुख याचिकाकर्ताओं की संख्या 10,000 है। यू आवेदनों की संख्या
इस राशि से कहीं अधिक है. मौजूदा बैकलॉग केस प्रोसेसिंग समय के तहत,
आवेदकों को यू वीज़ा निर्णय के लिए कई वर्षों तक प्रतीक्षा का सामना करना पड़ता है, और फिर
सीमा के कारण उन्हें यू वीज़ा जारी करने से पहले अतिरिक्त समय दिया जाएगा।

iii. आवेदक यू वीज़ा उपलब्ध होने की प्रतीक्षा कर रहे हैं
आम तौर पर उनके बाद एक लंबी प्रतीक्षा सूची में रखा जाता है (जब तक कि उन्हें बीएफडी न मिल जाए)।
याचिका की प्रारंभिक समीक्षा की गई है और इसे अनुमोदित पाया गया है।

U Visa Applicants: When I try to check my case status online, it shows an error. What should I do?

a. Nothing. Being a Victim based case, USCIS applies confidentiality/protection to some cases and appears to forget others.

b. Follow Case processing times at https://bcalawfirm.com/case-processing-times-once-petition-filed/

 

What is Form I-765?

It is an Application for Work permit.

What is Form I-192?

Form I-192 is an application for Waiver (forgiveness) for grounds of inadmissibility (mistakes or crimes committed by applicants) such as entering USA unlawfully.

Why is it taking so long to get my U Visa? It has been 7 years already since we filed:
  • U Visas have a quota of 10,000 per year. Due to the high volume of applications (way over 10,000 per year), USCIS is extremely backlogged.
  • Government created the ‘Bonafide’ rule where if your U Visa was properly filed, Form I-918 Supplement B properly certified, you can apply for and get Bonafide Work permit for 4 years WHILE YOU WAIT FOR YOUR U VISA TO BECOME CURRENT in the 10,000 annual quota.                                                         
    Remember: Form I-918 and I-918A are U Visa Applications. These are confidential because they are for Victims. They cannot be checked online under the Government’s rules.
I have a C14 (or Bona fide) Work Permit. When will I get my U Visa?

  • That depends on when your U Visa petition was filed with USCIS. 

    That depends on when your U Visa petition was filed with USCIS. 
    • There is an annual 10,000 quota for U Visa applications. 
    • The latest quota started on October 1, 2023 and ends on September 30, 2024. 
    • Right now, USCIS is at cases filed in August end/Sep 2016. 
    If your case  comes in this year’s quota, USCIS looks at it. If it does not, you wait another year. There is no lawsuit for this. 

I-130 or Immigrant Visas:

I checked USCIS website, and it shows my I-130 was approved. Why am I not getting my Green Card or an Interview Notice?
  1. Answer: Once your I-130 is approved, your case is transferred from USCIS, DHS to the Department of State (DOS).
  2. You need to follow Visa Bulletins issued by the Department of State (DOS) every month to check if visas in your category are available. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-july-2022.html
  3. Once your Visa category is current, National Visa Center (NVC) of DOS will notify you to pay your fees and proceed.
  4. For example
    • US Citizen parent filed for married daughter/son. This is category F-3.
    • Check Visa Bulletin Family sponsored cases in Chart A.
    • You need to see the date your I-130 was filed. That is your ‘Priority Date’
    • If your Priority date is earlier than the date on the Visa bulletin in F-3 category, it means your visa is current and case will move forward.







Work Permits:

How long will it be for me to get my Work permit:

Follow Case processing times

How long will it be for me to get my Advance Parole / Travel permit:

Follow Case processing times

How long will it be for me to get my Green Card:

Follow Case processing times

My friend got his EAD in 2 months. Why is mine taking so long?

a. It is either simple luck or by fluke. It happens in 1 in 1,000 cases probably.

b. Or, the categories (what is the Work permit based on) could be different

Advance Parole (Travel Permits):

I received I-131 Approval Notice. Or, my EAD Card says I-512 Advance Parole. Does it mean I can travel outside USA?

  1.  a.  A: Technically yes, you can. But if it is based on an Adjustment of status application based on approved U Visa status, you should not stay for more than 60-70 days outside the United States until your Green Card is granted.

      b.  If it is based on a pending adjustment of status based on an Immediate relative or Family preference petition or employment-based petition, again, you can travel but there are restrictions based on your case background. It is best to consult an attorney for it.

How to Check my Court Hearing Date:

Check Court Hearing Date
  1. Google – EOIR Automated Case Information or EOIR Case Status
  2. Click on EOIR Automated Case Information
  3. Enter your A# and hit Submit.
  4. Your Date or Case status will come up

How to Check My Case Processing Times Once My Petition is Filed With USCIS, DHS:

My Case Processing Times

  1. a. Once your petition is filed, for your case status:

    b. Visit Google and type USCIS Case processing times

    c. Select your Case Type such as I-485 or I-918 or I-129 or whatever it is

    d. Select the Service Center – found at the bottom of your Receipt Notice, for example:

    e. Select the Service Center and Case type such as I-485 based on Immediate Relative or Employment, for example:

         i.10.5 Months to 19 Months Employment-Based adjustment applications – September 23, 2020

         ii.25 Months to 52 Months Based on grant of asylum more than 1 year ago – December 20, 20

         iii. Or I-765 – 8.5 Months to 12.5 Months Based on being an L-2 spouse of an L-1 nonimmigrant [(a)(18)] April 16, 2021

    f. You can see what USCIS is currently working on. Compare it to when yours was filed, example:

    Just follow this for an estimate of when your case can be decided by USCIS.

EB-5

Can I file my EB-5 Petition if I invest in a Regional Center?
  1. Yes. According to a Stay order by the U.S. District Court for the
    Northern District of California on June 24, 2022, all pre-authorized
    Regional Centers *remain valid and are eligible to sponsor new EB-5
    investors (and file Form I-526 petitions) *
I have a Green Card. I wish to go back to my home country. How long can I stay there?
  1. The LPR (Lawful Permanent resident/Green Card Holder) should come back
    within 6 months. If they are sick or something unexpected beyond control
    happens, come back in under 11 months. Otherwise, she must apply for a
    reentry permit while in the USA, get fingerprinted, then leave. In that
    case, she can stay for 2 years.
My Green Card Extension (Form I-90) is pending. Can I travel outside USA/ Can I work legally?
  1. Yes and Yes. I-90 Receipt Notice I-797 states that it, in combination with the expired Green Card serves as proof of temporary Green Card for 12 months. After that, please get an I-551 Stamp on passport through Infopass appointment to travel and work.

USCIS Released November 2022 (Unofficial) – U Visa and T Visa

Initial U Bona Fide Determinations continue to be listed as taking over 5 years to adjudicate. What is USCIS’s target timeframe for adjudicating these and what steps are being taken to reach this goal?

  1. Answer: USCIS tries to prioritize quality and tries to find the balance between quality and efficiency. We’re trying to work into the backlog as much as possible while maintaining that balance. USCIS is considering new operations efficiencies and ways to improve processing times, including adding more adjudicators. Since the last stakeholder meeting in March, VSC and NSC have trained 50 new officers to conduct bona fide determinations (BFDs) and waitlist reviews. When the BFD guidance was implemented, USCIS began reviewing the cases with the oldest receipts first. In the first year of the BFD process, USCIS conducted almost 42,000 BFD reviews; of those, nearly 30,000principals and 12,000 derivatives have received BFDs. USCIS referred 7,300 principals and 6,300derivatives to waitlist review.

    Also, if you look at the I-918 website, if a petitioner or derivative has a pending 918/918A and they haven’t already submitted the I-765, then they can do so at the address in instructions without waiting for the BFD. This is a way we can streamline adjudications and improve processing times

When a fee waiver request is included, cases are held and receipt notices are delayed, in some instances delayed over six months, which is detrimental to many vulnerable clients. What has been done since our last meeting in March 2022 to address this?

  1. Receipts cannot be issued until the fee waiver is adjudicated because the rejection notice encompasses all the possible reasons for rejection, including fee waiver denial. Staff attrition has affected receipt processing and fee waiver review. USCIS has hired additional staff and training is ongoing.

Have there been any recent improvements to the processes used at both VSC and NSC to resolve discrepancies that practitioners observed between the two Service Centers in the timely issuance of receipt notices?

  1.  Both service centers train staff on processing receipts and fee waiver requests to eliminate the backlog as quickly as possible. The centers have significantly reduced their backlogs since our March engagement. Receipts are currently issued within 60 days of filing.

Can USCIS internally fast-track applications for employment authorization for U and T visa holders who recently entered the country in U or T nonimmigrant status after consular processing? Currently, these applications are taking months, meaning that U and T visa holders enter the country in U or T status and then must survive for months (or up to a year) without permission to work (and in many cases, without access to a driver’s license or social security number) because of processing times--an extraordinary hardship.

  1. We will take this suggestion under consideration. We recommend that U/T nonimmigrants submit their I-94 card showing valid admission when filing Form I-765, Application for Employment Authorization. However, Form I-765 is adjudicated in order of receipt. Current processing is 5.5-8.5 months.

What have been the results of USCIS’s conversations with the Department of State regarding the use of alternate evidence to show no criminal history in lieu of biometrics, due to the ongoing DOS post closures and lack of appointments? Can USCIS share a list of countries where USCIS is offering extended timeframes within which T derivatives and U applicants can have their fingerprints taken? Is this extended timeframe being expanded to additional countries given ongoing pandemic-related closures? Are these extended timeframes being offered with initial biometrics requests, or only after an applicant has been unable to complete them after an initial notice has been issued?

  1. USCIS is unable to create a program-wide policy allowing alternate evidence due to national security and public safety concerns, but USCIS has communicated with the Department of State (DOS) and expressed the need to prioritize biometrics for U/T applicants. USCIS liaises with DOS on a case-by-case basis.

Could USCIS speak to DOS to get a list of countries where biometrics collection isn’t possible at this point? Would additional coordination with DOS to get a list of countries where biometrics collection is not possible enable USCIS to not issue

  1.  We have been coordinating with the Department of State, and this is something we will internally consider and determine if this is something we can request from them.

CBP is not issuing electronic I-94s to U and T Nonimmigrants who were admitted at a port of entry. This is a trend; can CPB automatically issue paper I-94's at the time of entry? What updates can you provide about your efforts, alongside CBP, to address the issue of U and T nonimmigrants who have consular processed and not received I-94s?

  1. SCIS has coordinated with CBP on this issue. CBP is aware and says they are working on a policy to ensure that I-94s are printed upon arrival for T & U nonimmigrants admitted at a POE. Please note that CBP cannot print I-94s for applicants who were approved while in the United States. Nor can individuals who arrived in a non-T or U class of admission obtain their I-94 on the public I-94website after receiving T or U nonimmigrant status because they fall under 8 USC § 1367.

Immigration Law Firm: We specialize in U.S. immigration laws and offer our services in all 50 states of United States of America. We provide our services to persons both in the United States and overseas, who wish to come to the United States.

Contact Info

  • bcalawfirm.com
  • 678-292-6111
  • Cell: 770-310-7038
  • Fax: 678-261-0973

Quick Links

Copyright 2024 Bhavya Chaudhary and Associates, LLC. All Rights Reserved.