Many of our clients with pending U visa petitions or those who have already received U visa approval have recently reached out to our office regarding potential changes to the U visa process. To address these concerns, we have compiled answers to some of the most frequently asked questions.

Has the U visa process been eliminated by President Trump?

No. The U visa application process has not been eliminated, despite recent rumors on social media.

The U visa was created by Congress through regulations. While Project 2025 has outlined a plan to restrict U visas by granting them only to individuals actively assisting in the prosecution of a crime, such a change would require an act of Congress and is unlikely to occur in the near future.

What if I have contact with ICE?

  • If you have been granted U visa status, show your work permit issued under category (a)(19) or (a)(20) as evidence of your lawful visa status.
  • If you are awaiting U visa approval but have received a bona fide determination (BFD) letter, present the letter to ICE agents. While individuals with a BFD may still be placed in removal proceedings, they are generally eligible to have their immigration cases dismissed by an immigration judge.
  • If you have filed a U visa application but have not received a BFD or U visa, do not discuss your immigration status with officers. You have a constitutional right to remain silent. Simply state, “I am choosing to exercise my right to remain silent.” Do not disclose where you were born, your nationality, or provide any documents to the officer.

I recently filed my U visa petition. How long until I receive employment authorization and deferred action status?

We are seeing deferred action status and employment authorization documents issued anywhere from six months to five years after filing. If your case has been pending for more than six months and you have not received a bona fide determination or work authorization, you may want to consider filing a lawsuit. While our office does not currently handle litigation, we can refer you to an attorney who specializes in these cases.

What are the current processing times for U visas?

At this time, we are receiving U visa approvals for applicants who filed their petitions in 2016. This means it is taking approximately nine years from the date of filing to approval. Processing times are expected to continue increasing each year.

Why are U visa wait times so long?

Several factors contribute to the lengthy U visa wait times:

  • Annual Cap of 10,000 – Federal law limits the number of U visas issued each year to 10,000 for principal applicants (not including spouses and children).
  • High Demand – The number of U visa applications far exceeds the 10,000 cap. Tens of thousands of qualifying crime victims apply for protection annually, leading to an overwhelming backlog.
  • Backlog Growth – Due to the high demand, hundreds of thousands of pending U visa applications exist, causing applicants to wait years for adjudication.
  • Work Authorization Delays – While USCIS grants bona fide determinations (BFDs) to allow some applicants to obtain work authorization while waiting, the process still takes years due to the sheer volume of cases.
  • Limited Resources – Processing times are further impacted by USCIS staffing shortages and background checks, both of which require time for completion.
  • No Increase in the Cap – Despite ongoing advocacy, Congress has not increased the 10,000 cap since the program’s creation in 2000. Without legislative action, the backlog will continue to grow.

What can I do while I wait?

Please know that our office is monitoring your case status and we will notify you if there are legal or legislative changes that impact your case.

It is imperative that you avoid any criminal conduct. Because the grant of a U visa is accomplished through an exercise of discretion, any criminal conduct may cause your case to be denied.

Contact our office if you do have contact with law enforcement, update us with your address and telephone number, should these change, and contact us if you are considering changes to your marital status, because these changes may impact your case.

Most importantly, if the police or prosecutor’s office contacts you and tells you that they need your help with the prosecution of the criminal activity that is the basis of your U visa, please be sure to provide assistance. Your assistance to law enforcement is imperative for your case to be successful.

We understand the challenges of this prolonged waiting period, and we remain committed to keeping you informed and advocating for your case. If you have any questions or concerns, please reach out to our office.