En esta noticia
The United States allows victims of crimes who are in the country to obtain authorization to remain and a work permit while they await the resolution of their Form I-918, without needing to have the U visa stamped in their passport yet. The benefit is granted through a mechanism called a bona fide determination.
USCIS implemented this process in June 2021 to speed up protection for victims against the delays caused by the annual U visa quotas. The agency adjudicates cases in order of filing date, prioritizing the oldest petitions.
Before the U visa: what does Form I-918 grant?
Form I-918 is the petition filed by a victim of a qualifying crime to seek U nonimmigrant status. Before deciding that petition definitively, USCIS can assess whether it is bona fide and, in that case, grant deferred action and a work permit (EAD) valid for four years.
This benefit does not replace the U visa or guarantee its later approval. It is a temporary authorization that protects the applicant while the case moves forward within the annual limit of 10,000 visas.
For the petition to be considered bona fide, the file must meet several requirements:
- Proper filing of Form I-918
- Complete certification from a law enforcement agency (Supplement B)
- Personal statement from the victim about the facts
- Favorable results from biometrics and background checks
Who applies and what do applicants have to do?
The benefit extends to principal petitioners and their eligible family members, as long as both live in the United States at the time of review. Family members can only access the bona fide determination after the principal petitioner has obtained it.
Applicants do not need to file any additional paperwork: USCIS reviews pending petitions by filing date and notifies them when it is time to submit Form I-765 for the work permit. Those who already have this benefit should avoid leaving the country, since doing so can seriously complicate reentry into the United States.