Call Us Now
Email Us Now
8 minute read
The U Visa bona fide determination is the early review USCIS introduced in June 2021 to give qualifying victims of crime employment authorization and protection from deportation while they wait for the final U visa decision. The full review can take many years because of the 10,000 annual cap, and the BFD is what makes the wait livable.
Most petitioners we work with want to know who actually qualifies for this review, what arrives with a favorable BFD, what can block it, and how long it takes. Our U Visa immigration lawyers can review your file against the criteria USCIS reads at this stage and explain what each step delivers.
What interim benefits does the BFD offer U Visa applicants?
A U Visa bona fide determination (BFD) is an initial USCIS review confirming that a U Visa petition (Form I-918) was filed in good faith and meets basic eligibility. It is not a final approval, but an early assessment of genuineness and completeness.
The interim relief overlaps with several key U visa benefits for crime victims, though the full set comes only with final approval.
The primary benefit of a favorable BFD is the provision of interim relief. This includes deferred action, which offers protection from deportation, and a four-year Employment Authorization Document (EAD).
These benefits are particularly impactful because the U Visa program’s annual cap creates waiting times that can extend for many years, leaving applicants without protection or work authorization if these benefits are not granted earlier.
- Deferred Action: This protects you from removal (deportation) while your U Visa application is pending. It provides a measure of stability and security during a highly vulnerable period.
- Employment Authorization Document (EAD): The EAD allows you to work legally in the United States for four years, with the possibility of renewal. This enables self-sufficiency and financial stability for crime victims who have often endured significant trauma.
Who qualifies for this review?
The opportunity for a bona fide determination applies to U Visa petitions (Form I-918) for U visa qualifying crimes that were pending as of June 14, 2021, and those filed on or after this date. This review specifically considers principal petitioners and qualifying family members who currently reside in the United States.
For a principal petitioner to receive a favorable U Visa bona fide determination, several specific criteria must be met. These are reviewed by USCIS without requiring any additional action from you once your initial petition is submitted.
- A properly filed Form I-918, Petition for U Nonimmigrant Status.
- A completed Form I-918B, U Nonimmigrant Status Certification, which must have been signed by the certifying law enforcement agency within six months of its submission to USCIS.
- A personal statement from the petitioner detailing the facts of the victimization they experienced.
- Successful completion of required background and security checks by USCIS.
How does the bona fide determination process work for family members?
Qualifying family members, often referred to as derivative beneficiaries, can also benefit from a bona fide determination (BFD), but their path differs from the principal petitioner. For family members who filed Form I-918, Supplement A, their eligibility for interim relief is determined only after the principal petitioner has received a favorable BFD and an EAD.
USCIS conducts an independent review for each qualifying family member. This means that even after the principal petitioner is approved for interim relief, each family member must meet their own specific requirements to receive deferred action and work authorization.
It is important to note that family members residing outside the United States are generally not eligible for this interim BFD. For family members to secure a favorable BFD, they typically need to provide:
| Requirement | Details for Qualifying Family Members |
|---|---|
| Properly Filed Petition | A complete Form I-918, Supplement A must be on file. |
| Relationship Evidence | Credible evidence demonstrating the qualifying family relationship to the principal petitioner is necessary. |
| Background Checks | Each family member must successfully pass their own background and security checks. |
Maintaining current address information with USCIS prevents communication delays, which could otherwise stall your application or cause you to miss important notices.
Processing times for interim U Visa decisions?
While the U Visa bona fide determination offers a pathway to faster interim relief, the overall U visa processing time can still be substantial. USCIS does not publish official timelines specifically for BFD adjudications, but reports suggest that most cases can take approximately 19 to 35 months from the initial filing date.
This timeframe for the BFD is considerably shorter than the wait for a final U Visa approval. Due to the annual statutory cap, a final approval can often extend to five to ten years or even longer.
USCIS generally processes these cases in the order they are received, with some prioritization for older pending petitions that were not yet on the waiting list as of June 14, 2021.
Once you receive a favorable BFD, you are typically granted deferred action and an EAD for four years. This means you can legally work and remain in the United States while your full U Visa petition continues its lengthy journey toward final adjudication.
Factors that could prevent interim relief?
Although a complete application is fundamental for the BFD process, certain factors may still prevent a favorable outcome or lead to a Request for Evidence (RFE) from USCIS.
The determination is discretionary, meaning USCIS has the authority to make decisions based on all available information. Common issues that could impact a BFD include adverse findings from background and security checks.
These checks are extensive and can flag national security concerns, certain criminal records or public safety risks. If issues arise, they can delay or block the BFD even if the rest of the application is in order.
In cases of criminal history or inadmissibility, applicants may need to understand when a U visa waiver is required to address these issues.
It is important to understand that a denial of the BFD for interim relief is not an outright denial of the entire Form I-918 petition. In such cases, USCIS may still place your U Visa petition on the waiting list for eventual deferred action and EAD once a visa number becomes available.
However, receiving a BFD can alleviate immediate pressure by providing work authorization and protection much sooner.
Strengthening your petition for BFD approval
To increase the likelihood of a favorable U Visa bona fide determination, proactive steps in preparing your petition help. Strong attention to detail and thorough documentation can speed up the review, and knowing how the U visa waitlist and certification process works helps you plan ahead.
Checklist before you file
- Ensure Complete and Timely Filing: Double-check that both Form I-918 and Form I-918B (U Nonimmigrant Status Certification) are fully completed and submitted within the required timeframe. The I-918B must be signed by the certifying official within six months of submission.
- Craft a Detailed Personal Statement: Your personal statement should clearly and credibly describe the criminal victimization you suffered, its impact, and your helpfulness to law enforcement. Specificity and consistency are essential.
- Address Criminal History Proactively: If you have any criminal history, talk to our team to understand how it might impact your background checks and whether a waiver is available or advisable.
- Provide Clear Evidence for Family Relationships: For derivative family members, ensuring all supporting documents clearly establish the qualifying relationship is essential. This might include birth certificates, marriage certificates, and other official records.
- Maintain Current Contact Information: Always update USCIS with any changes to your address or contact information to ensure you receive all correspondence regarding your petition.
If you are unsure whether your case qualifies for a bona fide determination, what evidence will help your I-918B reach USCIS standards, or what to do after a favorable BFD notice, contact our team and we will walk through your situation with you.
Frequently asked questions about U Visa bona fide determination
Does receiving a U Visa bona fide determination mean my final U Visa is approved?
A U Visa bona fide determination (BFD) is an initial review, confirming your petition appears filed in good faith. It is not a final U Visa approval. The BFD grants interim benefits like work authorization and deferred action, allowing you to live and work legally while awaiting the lengthy final adjudication process.
What happens if my I-918B certification is older than six months when submitted?
A properly filed Form I-918B, U Nonimmigrant Status Certification, must be signed by the certifying law enforcement agency within six months of its submission for a favorable bona fide determination. If it’s older, it generally will not meet the criteria, potentially delaying or preventing interim relief.
Can I apply for a Green Card after receiving a U visa bona fide determination?
Receiving a U Visa bona fide determination (BFD) provides interim relief, including work authorization and protection from deportation. It does not automatically allow you to apply for a Green Card. Eligibility for permanent residency typically arises only after your final U Visa petition is approved, which can take many years.
Do I need to pay a filing fee for the Employment Authorization Document I get with BFD?
You typically do not need to pay a filing fee for the initial Employment Authorization Document (EAD) that you receive based on a favorable U Visa bona fide determination. USCIS often requests the Form I-765 (EAD application) after the BFD notice without requiring the fee.
How should I update USCIS if my address changes while my U Visa bona fide determination is pending?
You should always update USCIS promptly with any change of address, typically by filing Form AR-11, Alien’s Change of Address Card, online or by mail. This prevents communication delays so you receive all USCIS notices regarding your U Visa bona fide determination and subsequent petition.
What if my background checks reveal a minor offense that prevents a bona fide determination?
While a minor offense might raise concerns, a denial of the bona fide determination (BFD) for interim relief is not an outright denial of your entire U Visa petition. USCIS may still place your U Visa petition on the waiting list for eventual deferred action and EAD once a visa number becomes available.
