FAQ: When Can You Apply For U Visa Aos?

You may file an application before or after the U-1 nonimmigrant files for adjustment. You may also apply to adjust status even if the U-1 nonimmigrant never files his or her own Form I-485.

When can you apply for green card with U visa?

You can apply for lawful permanent residence after you have had your U visa for three years and before your U visa expires. To get lawful permanent residence, all of the following must be true: You have been physically in the U.S. for a “continuous period” of at least three years since the date you got U visa status.

Is there a time limit to apply for U visa?

There is no statute of limitations regarding the time frame in which the crime must have occurred. Federal legislation specifically provides that a victim may be eligible for a U visa based on having been helpful in the past to investigate or prosecute a crime.

When Can U visa adjust status?

U Visa holders become eligible to apply to adjust status to lawful permanent resident (green card) after three years in U nonimmigrant status. After five years as a lawful permanent resident, one becomes eligible to apply for U.S. citizenship.

What year is the U visa process?

In the fourth quarter of FY 2020, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months and the processing time from waitlist placement until final adjudication was 10.0 months. 1 See Immigration and Nationality Act § 214(p)(2); 8 United States Code (U.S.C.)

Can U Get green card from U visa?

U.S. immigration law allows aliens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements.

Can a US citizen apply for U visa?

In some cases, witnessing a crime or being related to a crime victim can qualify someone for U immigration status. Noncitizens who have themselves been the targeted victims of crimes are not the only ones who can apply for U nonimmigrant status (a U visa) in order to remain in the U.S. lawfully.

Can I stay in U.S. while waiting for U visa?

You are allowed to stay in the United States while you have U nonimmigrant status. If you were in the U.S. when you got your U nonimmigrant status: The approval letter from USCIS says the date your U status started and the date it ends at the top of the letter.

How long is the U visa backlog?

A unanimous three-judge panel of the 6th U.S. Circuit Court of Appeals rejected USCIS’ argument that its delays in the four consolidated cases were due to a backlog of roughly 160,000 applications for U visas, which are granted to victims of serious crimes, and were in line with the current five-year average waiting

Can you travel with U visa?

U Visa Applicants Can Get Stuck Outside the U.S. If They Leave. A pending application for U status does not give you any reentry privileges. Therefore, applicants should not travel outside the U.S. unless an emergency situation requires it.

Can I extend my U visa?

Extensions of Status Based on Filing of Form I-539 In order to seek an extension of status based on law enforcement need or based on exceptional circumstances, a U nonimmigrant must file the Form I-539, Application to Extend/Change Nonimmigrant Status, along with supporting evidence.

Can a U visa be revoked?

A consular officer is authorized to revoke a nonimmigrant visa at any time, in his or her discretion. A revoked visa is no longer valid for entry or reentry to the United States.

Can I work while U visa pending?

Deferred action is not an immigration status, but it allows USCIS to give you a work permit so you can work legally while you wait for a decision on your U visa.

How long are U visas taking 2021?

It typically takes about four and a half years for USCIS to fully process U visa applications, which includes the agency taking biometrics (photographs and fingerprints), processing all forms and supporting information (such as the Certification of Helpfulness by a qualifying agency), and finally, issuing an approval

Why is U visa taking so long?

One reason it takes so long is that Congress limited the number of U visas the government can give out to 10,000 per year,¹ but far more than 10,000 people apply for U visas each year, so the line of applications waiting to get reviewed gets longer and longer every year.

How much does a visa U cost?

How much does it cost to obtain a U visa? There is no fee to apply for a U visa. There is a filing fee of $230 in order to apply for a derivative visa for a family member (Form I-929).