For individuals who have been victims of certain crimes in the U.S., the U Visa offers the opportunity to gain legal status and, in the later stages, obtain a Green Card. Especially in cases such as domestic violence, assault, or threats, it may be possible for a person to apply through this path regardless of their current immigration status.
In this blog post, we clearly explain the basic requirements of the U visa and how the application process proceeds, especially when the work permit (EAD) is obtained.
What is the U Visa?
The U visa is an immigration status given to victims of certain crimes in the U.S. who cooperate with law enforcement. The goal is to protect crime victims and encourage the necessary investigation to punish crimes.
The basic grounds for the application:
Victimization by a crime.
Physical or psychological harm.
Cooperation with authorities.
The Reality of Limited Quotas and Waiting
There is an annual quota of 10,000 people for the U visa. Due to the high number of applications:
Granting final U status can take years (5 years)
Files usually enter a waiting list
Despite this, it is possible to obtain protection and a work permit at an early stage in correctly prepared files.
Marriage and Domestic Violence Situations
If the spouse is a U.S. citizen or Green Card holder, a VAWA application is preferred in most cases. If the spouse has no status or cannot be a sponsor, and the person is a victim of serious violence, the U visa may come into play. This distinction is critical for determining the right strategy.
Is the Way of Entry to the U.S. an Obstacle?
The focus of the U visa is the crime and victimization experienced within the U.S.. How the person entered the U.S. is not the sole deciding factor. However, in cases such as entry through the border, the file must be prepared more carefully.
U Visa Application Process
1. Eligibility Analysis:
Whether the nature of the crime in the incident falls within the scope of the U visa is evaluated. The degree of victimization and evidence (reports, messages, witness statements) are examined.
2. Law Enforcement Approval (Certification):
Form I-918 Supplement B is obtained from the police, prosecutor’s office, or authorized institution. This document confirms the victimization and cooperation. It is one of the most critical requirements of the U visa.
3. USCIS Application:
Form I-918 and supporting documents are prepared. Personal statements, medical/psychological reports, and other evidence are added to the file. The application is submitted to USCIS.
4. Review and “Bona Fide Determination”:
USCIS takes the file for preliminary review. If it is concluded that the application is genuine and strong, a bona fide determination is generally given.
5. Work Permit and Protection:
After the bona fide decision, the applicant can be provided with:
A work permit (EAD)
Deferred action (protection from deportation)
6. U Status and Beyond:
When the turn comes, U status is granted (usually for 4 years). If the requirements are met, a Green Card application can be made after 3 years.
When is the Work Permit Obtained?
This is the most critical point:
A work permit is not granted the moment the application is made.
The file is reviewed by USCIS, and a bona fide decision is expected.
The work permit (EAD) is issued after the bona fide determination.
Realistic Timeline:
Application → bona fide + EAD: approximately 6 months – 2 years in most files
U Visa Approval
When the turn comes, the person is given official U status (usually 4 years)
Green Card Application
After U status:
Generally, 3 years of waiting is required
If conditions are met, a Green Card (permanent residency) application is made
In summary, although completing the U visa takes a long time, it is not necessary to wait for years for a work permit in suitable files.
What is “Bona Fide Determination” in the U Visa?
In U visa applications, USCIS evaluates whether the application is genuine and meets the basic requirements by reviewing the file at a certain stage. This evaluation is called “bona fide determination”.
Key Features
Validation Approval: Bona fide determination shows that the application is accepted as a serious and valid file.
Waiting List and Protection: Applications that reach this stage are usually placed on a waiting list, and the applicant may be given “deferred action”. This means the person is temporarily not deported.
Work Permit: After this stage, it becomes possible to apply for a work permit (EAD).
Comparison: Bona Fide vs. Prima Facie
This concept carries a logic similar to preliminary evaluation systems in some other immigration applications. For example, the “prima facie determination” seen in VAWA applications also shows that the file was found suitable in the first review.
However, there is an important difference between the two processes:
| Feature | VAWA (Prima Facie) | U Visa (Bona Fide) |
| Stage | Done at a very early stage of the process. | Given as a result of a more advanced review. |
| Work Permit | Does not provide a work permit. | Can grant access to concrete rights like a work permit. |
Client Example
Our client, suffered repeated physical violence from a U.S. citizen boyfriend she met while working in Austin on a J-1 visa. In this process, where there was no official definition of the relationship, the suspect tried to silence the client and control her behavior with ICE threats.
A severe assault and strangulation attempt in August 2024 resulted in police intervention; the suspect began to be prosecuted on felony charges. Because her J-1 visa had ended, our client, who was in an uncertain immigration status, needed an independent legal solution.
File Preparation:
I-918 (U Nonimmigrant Status Petition), I-918 Supplement B, and I-765 applications were prepared.
Official certification (Supplement B) regarding the felony-level strangulation crime was obtained from the Travis County Prosecutor’s Office.
The client’s personal statement, police reports, prosecutor’s letter, and indictment were meticulously compiled.
The application was submitted to the USCIS Nebraska Service Center in February 2025.
Advantages Provided During the Process:
With the acceptance of the I-918 U visa application by USCIS, the client’s risk of deportation was suspended, and she was able to continue staying in the U.S..
Economic independence was secured by applying for a work permit through the I-765.
Pressure tools such as the ICE deportation threat became legally ineffective.
Result:
This file was placed on a solid legal ground thanks to the official prosecution record (felony assault/strangulation), strong law enforcement certification, and the client’s comprehensive personal statement. This case clearly demonstrates how decisive the correct crime category and a complete evidence file are in U visa applications. Our client continues her life on her own terms by protecting her legal status and economic independence throughout the process.
Why is Proper Management of the Process Important?
U visa applications require:
Technical document preparation
The right legal strategy
Strong evidence presentation
Setting up the file correctly in the first stage directly affects the timing of the bona fide decision and, therefore, the work permit.
U Visa Application with MC Law Firm
As MC Law Firm, we perform U visa eligibility analysis, prepare the necessary documents, and manage the application process from start to finish. You can contact us to evaluate whether your situation is suitable for a U visa and to start the process correctly.
