What is deferred action in a U visa?
Deferred action is one of the great benefits of the U Visa, but what does it mean? At Quiroga Law Office, PLLC we will tell you all about it.
Remember that the U Visa is for immigrants who have been victims of criminal acts committed in the United States.
The U Visa was created in 2000 by the Trafficking Victims Protection Act (TVPA). Among others, this law establishes some requirements to obtain this visa.
The person must collaborate with the authorities in the criminal investigation of the act of which they were victims. Besides, this collaboration must be documented or certified.
Some crimes that qualify for the U visa are assault, sexual exploitation, kidnapping, torture, forced labor, rape, and others.
Also read: U Visa and VAWA for Victims of Domestic Violence
U Visa Benefits
Deferred action is the most important benefit for U Visa holders. This means protection against deportation. The U visa grants a temporary non-immigrant status that allows a person to legally stay in the country.
With a U Visa, a person can also request an adjustment of status so that he/she can become a permanent resident.
Also, this visa allows the person to apply for employment authorization (EAD) so its holder will be able to legally work in the United States.
If a victim of a violent criminal act is single and over 21, he/she can ask his/her parents and unmarried siblings (under 21 and living in the same house).
How long does a U visa take?
To obtain the U Visa it is necessary to start the self-petition process before the U.S. Citizenship and Immigration Services (USCIS), fill out the specific form for and pay its fee. Also, submit all the evidence that supports the case.
The U Visa is one of the procedures that take quite some time, mainly for two reasons:
In the first place, the government only allocates 10,000 of these visas annually, and when the quota is exceeded, the applicant enters a waiting list. The second reason is related to processing times, which vary at each USCIS facilities and generally lengthen the waiting time.
On average, the U visa process is taking approximately 4 to 5 years. Sometimes it could be more.
According to USCIS, the current date of receipt of U visa cases is December 2015, which means about 57 months of waiting.
Additionally, the U Visa applicants can check the status of their cases on the website that USCIS has set up for this purpose, by clicking here.
Make sure you have the advice of a qualified immigration attorney so that your case is resolved successfully.
At Quiroga Law Office, PLLC, we are willing to help you and advise you about the immigration procedures that you and your family need.
Do not hesitate to contact us. Our team of lawyers will take care of your case and will be with you throughout the process.
Request a consultation or call us, (509) 498-3485.
