Sep
15

Fact or Fiction: Can I Qualify for a U Visa if I was a Victim of a Crime?

Wilson Law Group is separating fact from fiction in a series of blogs to clarify some common questions and misconceptions of various topics in immigration law.  The short answer to the question above is "maybe".  There are several requirements for a U visa; each situation is different and needs to be evaluated on a case-by-case basis.   

To be clear, being a victim of a crime alone does not qualify someone for a U visa.  It is more complicated than that.  Being a victim of a crime is just one of several requirements to qualify for a U visa.  Before discussing the requirements,...

Oct
15

Why is it taking so long to get my U visa?

The short answer is that visa numbers are limited and there’s a substantial waitlist.

Congress capped the number of U visas at 10,000 per year (INA § 214(p)(2); 8 C.F.R. § 214.14(d)(1)). This means that only 10,000 applicants may be granted U visas each fiscal year. Only principal applicants (U-1) are counted toward the 10,000 visa cap. Derivatives (U-2, U-3, U-4, and U-5) are not counted towards the cap. A backlog has developed because the demand for U visas exceeds the supply.

If you apply for a U visa today, you can expect to wait at least nine months for USCIS to determine whether...

Nov
29

The Other Visa Cap Problem - the Annual U Visa Cap Injustice

The United States Citizenship & Immigration Service (USCIS) is currently in the midst of distributing all of the 10,000 U visas which are available for fiscal year 2016. What we at Wilson Law Group have begun to call “U Visa Season,” begins on October 1 of each year, and is over by the New Year. It is during this period that the Vermont Service Center (VSC) allocates all of the 10,000 principal U visas that are available for that year. Applicants who have not received their U visas by the beginning of 2016 are relegated to wait at least one more year for their coveted visa.

U visas are...

Jun
18

What Is Taking So Long! Current USCIS Processing Patterns

Slow.  The government is moving slow.   That is the pattern that is emerging in the first half of 2017.  Applications that moved quickly in the past are now taking longer, and USCIS keeps moving applications from one location to another one to balance its workloads.   

U Visas

The government can only issue 10,000 U visas every year. This means that there is a waitlist to be granted this type of visa. If the government believes an applicant’s submission is approvable, it can grant that person “deferred action” ahead of time, and allow them to get a work permit.

Currently, the...