FAQ

FAQ: U Visa Bona Fide Determination Process

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Questions About the Bona Fide Determination Process for Form I-918 U Nonimmigrant Petitions from USCIS Q1. What is the bona fide determination process? A1. By statute, USCIS has discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions. In June 2021, we implemented the bona fide determination process with the goal of conducting initial reviews of U nonimmigrant status petitions more efficiently and providing eligible victims of qualifying crimes with employment authorization and deferred action while they wait for final adjudication of their petition for U nonimmigrant status under the annual statutory cap. This will provide victims with stability and better equip them to cooperate with and assist law enforcement. Q2. Who does the bona fide determination process apply to? A2. This policy applies to all Form I-918 petitions and all Form I-918A petitions pending as of June 14, 2021, filed by principal petitioners and qualifying family members living in the United States, as well as Form I-918 petitions filed on or after this date by principal petitioners and their qualifying family members living in the United States. We do not consider principal petitioners and qualifying family members living outside of the United States for a bona fide determination because we cannot provide deferred action or employment authorization to petitioners outside the United States. Q3. When did USCIS begin implementing the bona fide determination process? A3. We published the new bona fide determination process in the USCIS Policy Manual on June 14, 2021, and began adjudicating and issuing Employment Authorization Documents (EADs) shortly thereafter. Q4. In what order will USCIS adjudicate cases for a bona fide determination? A4. We will generally adjudicate cases for bona fide determinations in receipt date order, starting with the oldest pending petitions that have not already gone through a waiting list adjudication as of June 14, 2021. Q5. I filed a petition for U nonimmigrant status several years ago. Will my petition now go through 3 different adjudications: bona fide determination, waiting list, and final adjudication? What happens if I was already placed on the waiting list before this policy was issued? A5. Principal petitioners and qualifying family members will not all go through 3 different adjudications. As of June 14, 2021, we began adjudicating pending, non-waitlisted petitions filed by noncitizens living in the United States in receipt date order for bona fide determinations. If a principal petitioner has a bona fide petition, merits a favorable exercise of discretion, and has filed their Form I-765, we will issue the principal petitioner a bona fide determination EAD and deferred action. We will place their petition in the queue in receipt date order to wait for final adjudication for U nonimmigrant status. These petitioners will not have to go through a waiting list adjudication unless new, adverse information impacts their ability to maintain a bona fide determination EAD. Principal petitioners who we determine will not receive a bona fide determination EAD and deferred action will receive waiting list adjudication. If a principal petitioner receives waiting list adjudication, qualifying family members will also receive waiting list adjudication. Principal petitioners and their qualifying family members placed on the waiting list before June 14, 2021, do not need to go through the bona fide determination process because they already can receive an EAD and deferred action. Petitioners placed on the waiting list before June 14, 2021, will be adjudicated for U nonimmigrant status in receipt date order at the same time as petitioners who received bona fide determination EADs and deferred action. Q6. How are bona fide determinations for principal petitioners different from qualifying family members? A6. A qualifying family member will not have access to a bona fide determination review unless and until the principal petitioner receives a bona fide determination. We will first determine whether a principal petitioner living in the United States may receive a bona fide determination before we make a bona fide determination for any associated qualifying family member living in the United States. A principal petition is bona fide if: We then assess the principal petitioner’s eligibility for a bona fide determination by considering whether they merit a positive exercise of discretion, including consideration of national security or public safety risks. After the principal petitioner receives a bona fide determination , we will evaluate the petitions of any qualifying family members living in the United States to assess whether they are eligible to receive a bona fide determination. If the principal petitioner receives a bona fide determination, this does not guarantee a qualifying family member living in the United States will receive a bona fide determination . The record must independently demonstrate the qualifying family member’s Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, is bona fide. A qualifying family member’s petition is bona fide if: As with principal petitioners, we then consider whether the qualifying family member living in the United States merits a favorable exercise of discretion to receive a bona fide determination. For more information on the bona fide determination process for principal petitioners, please see the USCIS Policy Manual Appendix: Bona Fide Determination Process Flowchart (PDF, 95.1 KB). For more information on the bona fide determination process for qualifying family members, please see Chapter 5: Bona Fide Determination, A. Bona Fide Determination, 2. Qualifying Family Members. Q7. What do I need to file to receive a bona fide determination EAD? A7. We will initiate bona fide determination adjudication of pending petitions not already placed on the waiting list. Principal petitioners, qualifying family members, and counsel do not need to take any action. We are reviewing pending petitions filed by petitioners living in the United States in receipt date order. Petitioners will not need to submit an additional request. We will send petitioners a notice to file a Form I-765, Application for Employment Authorization, if they have not done so already. Q8. I did not previously file Form I-765, Application for Employment Authorization, with my U visa petition. What should I do? A8. We encourage petitioners to submit a Form I-765, Application for Employment Authorization, concurrently with their Form I-918 or … Read more

HOW TO: Naturalization/Citizenship

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U.S. Citizenship

Do I need a lawyer to apply for U.S. citizenship? No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.  If you decide to get legal assistance, you can start here: Many people offer to help with immigration services. Unfortunately, not all of them are authorized or qualified to do so. If you are seeking legal help to complete your Application for Naturalization, please be aware that only attorneys and EOIR-accredited representatives can provide legal advice about which forms and documents to attach to your application, explain immigration options you may have, and communicate with USCIS about your case. For additional information, please review USCIS’ guidance on the unauthorized practice of immigration law. If you decide to submit Form N-400, Application for Naturalization, without legal assistance, obtain information about the naturalization application process and study materials to help you prepare for the naturalization test at the Citizenship Resource Center. Also visit, the N-400, Application for Naturalization page and read the instructions. Will I be asked all of the civics questions during the naturalization interview? For the 2008 version of the civics test, there are 100 available civics questions on the naturalization test (PDF, 368.79 KB), but you will not be asked to answer all of them during your naturalization interview. You will be asked up to 10 questions from the list of 100 questions. You must answer 6 questions correctly to to pass the 2008 version of the civics test. For the 2020 version of the civics test, there are 128 available civics questions on the naturalization test, but you will not be asked to answer all of them during your naturalization interview. You must answer at least 12 of the 20 questions correctly to pass the 2020 version of the civics test.  Do I need to bring original documents such as birth and marriage certificates to the naturalization interview? Yes. You should bring certain original documents to your interview. In the instructions to Form N-400, Application for Naturalization, USCIS provides an extensive list of examples of original documents that you should bring to the interview, depending on different case scenarios. Examples of these documents include: original birth, marriage, divorce, final adoption and naturalization certificates; court orders/decrees; evidence of child support payments; court-certified arrest reports; and probation/parole records. Certain certified copies of documents can also be provided.  You should also submit copies–preferably certified copies–of these documents at the initial filing of your application. These documents should be submitted as evidence in support of your application, and will facilitate the USCIS officers’ review of your request. When should I submit Form N-648, Medical Certification for Disability Exceptions? Applicants for naturalization seeking an exception to the English and/or civics requirements for naturalization because of a physical or developmental disability or mental impairment are encouraged to submit this form at the time they file Form N-400, Application for Naturalization, with USCIS. However, USCIS recognizes that certain circumstances may prevent concurrent filing of the naturalization application and the disability exception form. Accordingly, an applicant may file the disability exception form during any part of the naturalization process, including after the application is filed but before the first examination, during the first examination, during the re-examination if the applicant’s first examination was rescheduled, and during the rehearing on a denied naturalization application. How will I know what the decision is on the Form N-648, Medical Certification for Disability Exceptions, I submitted? The decision on your Form N-648 will be made at the time of your naturalization interview. If your Form N-648 is found to be sufficient, and the licensed medical professional who completed your Form N-648 indicated on the form that you were unable to comply with all of the educational requirements, the officer will conduct the eligibility interview in your language of choice with the use of an interpreter and will not test you on any of the educational requirements. If your Form N-648 is found to be sufficient, and the licensed medical professional indicated on the form that you were unable to comply with only some of the educational requirements, the officer will administer the tests for the other requirements.  You will be permitted to use an interpreter if the medical professional indicated that you were unable to comply with the English speaking requirement. If your Form N-648 is found to be insufficient, the officer must proceed with the eligibility interview in English and administer all portions of the English and civics testing as if you had not submitted Form N-648. What should I do if I have already applied for naturalization and my Permanent Resident Card (Green Card) is expiring? While one’s lawful permanent resident status does not expire, barring naturalization or termination of status, a lawful permanent resident must have valid, unexpired proof of lawful permanent residence in their possession at all times. Applying for naturalization does not change this requirement. However, effective Dec. 12, 2022, a naturalization applicant who properly submits Form N-400 will receive a Form N-400 receipt notice that, when presented with their Green Card, automatically extends the validity of the Green Card for 24 months from the “Card Expires” date. This receipt notice must be presented to show that your Green Card, which is proof of your lawful permanent resident status, has been extended, such as for purposes of employment or travel authorization. If you have been issued a Form N-400 receipt notice that automatically extends the validity of your Green Card, but it has been lost or destroyed, then you generally must file Form I-90 to renew your expiring Green Card. For more information on renewing your Green Card, visit uscis.gov/green-card/after-we-grant-your-green-card/replace-your-green-card or uscis.gov/i-90. If I fail a portion of the naturalization test, when will I be retested? Unless you are eligible for an exception to the English or civics requirements, you will be given two opportunities to meet the English and civics requirements. If you fail any portion of these requirements, you will be retested during a new interview on the portion of the test that you … Read more

Religious Worker (R Visa) Info & Answers to Frequently Asked Questions

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Religious Worker (R Visa) Info & Answers to Frequently Asked Questions June 20, 2023REFERENCEU VisaCourtICEEOIR/Immigration CourtU VisaR VisaDHSonlineTools [ez-toc][ez-toc] Legal Authorities For A Religious Worker INA 101(a)(27)(C) – Certain ministers and religious workers INA 203(b)(4) – Certain special immigrants INA 245; 8 CFR 245 – Adjustment of status of nonimmigrant to that of person admitted for permanent residence 8 CFR 204.5(m) – Religious workers Form I-360 Eligibility Requirements For a Religious Worker Religious Worker Adjustment of Status Eligibility Requirements The applicant has been inspected and admitted or inspected and paroled into the United States. The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application. The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker.[8] The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application[9] and at the time of final adjudication.[10] The applicant is not subject to any applicable bars to adjustment of status.[11] The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.[12] The applicant merits the favorable exercise of discretion. Documentation and Evidence An applicant should submit the following documentation to adjust status as a religious worker: Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee; Copy of the Approval Notice (Form I-797) for the principal applicant’s special immigrant religious worker petition;[27] Employment letter from the applicant’s Form I-360 employer-petitioner;[28] Two passport-style photographs; Copy of government-issued identity document with photograph; Copy of birth certificate; Copy of passport page with nonimmigrant visa (if applicable); Copy of passport page with admission or parole stamp (if applicable); Copy of Arrival/Departure Record (Form I-94) or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);[29] Evidence of continuously maintaining a lawful status since arrival in the United States; Any other evidence, as needed, to show that an adjustment bar does not apply or that the applicant qualifies for an exemption;[30] Report of Immigration Medical Examination and Vaccination Record (Form I-693);[31] Certified police and court records of criminal charges, arrests, or convictions (if applicable); Application for Waiver of Grounds of Inadmissibility (Form I-601) or other form of relief (if applicable); and Documentation of past or present J-1 or J-2 nonimmigrant status, including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) (if applicable). In addition, a spouse or child who is filing as a derivative applicant should submit the following: Copy of documentation showing relationship to the principal applicant, such as a marriage certificate or adoption decree (if applicable); Copy of approval notice (Form I-797) for the principal applicant’s Form I-360; and Copy of the approval or receipt notice (Form I-797) for the principal applicant’s Form I-485 or a copy of the principal applicant’s permanent resident card (Form I-551), (if applicable and not filing together with the principal applicant). Additional Information Bars to Adjustment Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars. Sunset Date Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[from USCIS] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date. Treatment of Family Members The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant. See FAQ Knowledge Base Previous PostNext Post No one has any comments on Religious Worker (R Visa) Info & Answers to Frequently Asked Questions Leave A Comment (or don't) cancel Logged in as newyorkvisalawyer_o0id8f. 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