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 wait for 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 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.
What does Form I-918 grant before the U visa?
Form I-918 is the petition filed by a victim of a qualifying crime to access U nonimmigrant status. Before that petition is finally resolved, USCIS can assess whether it is bona fide and, if so, 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 their case advances 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).
- The victim’s personal statement about the facts.
- Favorable results from biometric and background checks.
Who qualifies and what must applicants do?
The benefit applies to principal petitioners and their eligible family members, as long as both live within the United States at the time of the review. Family members only access the bona fide determination after the principal petitioner has obtained it.
Applicants do not need to submit any additional filing: USCIS reviews pending petitions in order of 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.