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Why is my U Visa Taking So Long?

1/13/2017

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Why Is My U Visa Case Taking SO Long?
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As of October 31, 2016, the Vermont Service Center was just processing U Nonimmigrant Status Petitions (also called U Visas) filed on or before June 7, 2014.

As of October 31, 2015, the Vermont Service Center was processing U Visas filed on or before May 7, 2014.

Essentially, it has taken USCIS approximately 1 year to process the number of applications filed in 1 month.

Though it may seem as if someone who filed in October 2014 is only a few months away from getting a decision on their case, it may take longer than a year to receive a decision.
When USCIS finally reviews your application, they may choose to grant deferred action in your case. Immigration attorneys frequently call this a "pre-approval." Deferred action gives you work authorization and defers any action against you (so less worry about being removed) as long as you do not pick up any additional crimes or immigration violations.

Because only 10,000 U Visas can be issued each year, all those who receive "pre-approvals" get placed on a waitlist until a U Visa is available to them.

So, if you are awaiting a decision on your U Visa application, be prepared to wait for a preliminary decision, then be prepared to wait again for a U Visa to be available!
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    Kim Le is an immigration attorney from Portland, Oregon. She is the owner of Le Immigration Law, LLC.

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