New changes in the law for U Visa

New changes in the law for U Visa

If you want more information about the U Visa and if it applies to you, call us today at (619) 746-8879

The United States Citizenship and Immigration Services, USCIS, updated their Policy Manual to reflect the implementation of a new process known as “Determination of Authenticity.”

The goal is to provide authorization to work to survivors of crimes that request the U nonimmigrant status, also known as the U Visa, sooner. This is to grant more stability to survivors and encourage them to continue collaborating with the crime investigation. 

Through the “Determination of Authenticity,” USCIS will grant work permits and deferred action to the individuals that qualify (which will depend on whether the petition is authentic and presented in good faith and without the intention of fraud or deceit).

The USCIS also does a background check to determine that the person does not represent a risk to national or public safety. The policy will be implemented through Form I-918 or 9-918A, pending on or after June 14, 2021.

Additional options for main petitioners’ spouses

In December 2020, the Ninth Circuit determined that the U Visa petitioners that marry after filing their petition to the USCIS, but before the USCIS decides on their case, they can present an additional petition for the spouse.

So far, the USCIS has announced that they will apply the decision on Medina Tovar in the entire country, not only in the Ninth Circuit; They will apply the decision to U visa cases and nonimmigrant T status petitions, known as the T Visa; They will not make any final decision on derivative requests until a formal guide is published.

This is great news for many people since before the decision on Medina Tovar, U Visa petitioners that married after presenting their petition had to wait to be eligible to request an adjustment of status (Green Card) to add their spouse.

A person with a U Visa can be eligible to request an adjustment of status after three years with the U Visa; however, granting this visa can take up to almost five years, which makes the waiting time to add the spouse very long.

If you have any questions about the U Visa, contact an immigration lawyer in San Diego, California. We are ready to guide you through your immigration journey and answer all of your questions and Kannan Law.