One of the questions we receive most often at Hurtado Immigration Law Firm is about U Visa wait times: how long is USCIS taking to approve a U Visa, and what happens while that approval is pending? Immigration attorney Pablo Hurtado answered this with the clarity our firm is known for, and in this article we share that explanation so you can understand the entire process step by step.
U Visa wait times have changed dramatically
Just a few years ago, a U Visa took between one and two years to be approved. Today the reality is very different. Current wait times exceed nine years, approaching almost ten years.
Why is this happening? The main reason is that there is an annual cap on the number of U Visas the government can approve. Once that cap is reached, cases that already qualify are placed in line waiting for new numbers to become available in the following fiscal year.
Deferred Action: an interim benefit while you wait
Aware that the wait is so long, the government created an intermediate benefit known as Deferred Action. It is important to understand exactly what this benefit is, and what it is not.
Deferred Action is not the U Visa. It is, in essence, a promise from the government that it will not take deportation action against the person while they wait for a visa number to become available. It is granted only in cases where the government considers the U Visa application to be approvable.
Status first, work permit second
This is where many people get confused, and attorney Hurtado was clear about it: Deferred Action status and the work permit are two separate things that arrive at different times.
First, Deferred Action status is granted. Only afterward, as a result of holding that status, can the person apply for a work permit. That permit is filed under category C14, which is specific to those who have Deferred Action.
When the U Visa finally arrives: categories A19 and A20
Once a visa number finally becomes available and the U Visa is approved, the person receives a new work permit, no longer under category C14, but under category A19 or A20. Which one applies depends on whether the person is the principal applicant (A19) or a family member included as a derivative on the same petition (A20).
The path toward permanent residency
Once the U Visa is approved, a person cannot apply for residency right away. The law requires holding U Visa status for three years before filing for permanent residency.
Adding it all up: nearly 13 years of waiting
When you put all of these timeframes together, the full picture becomes clear. If a person waits between nine and ten years for their U Visa to be approved, and then must wait three more years within that status before being able to apply for residency, the result is that it can take almost thirteen years from the time the case is filed until the person can finally apply for permanent residency.
It is a long process, which is why having experienced legal representation who understands every stage is essential: the initial U Visa application, the Deferred Action request while waiting, the corresponding work permit at each phase, and finally the residency application once the three years of status are complete.
Do you have questions about your U Visa or Deferred Action case?
At Hurtado Immigration Law Firm we understand how frustrating it can be to wait so many years for an answer. Our team, led by attorney Pablo Hurtado, is here to guide you through every step of the way, from the initial application to the day you can finally apply for permanent residency.
If you or a family member has been the victim of a crime and you believe you may qualify for a U Visa, contact us today for a case evaluation. The sooner the process begins, the sooner you can move toward the protection and stability your family deserves.
This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique; we recommend consulting directly with our team to receive guidance tailored to your situation.
