U Visa Work Permits: Bona Fide Determination

  Рет қаралды 8,632

JLW Immigration Law Group

JLW Immigration Law Group

Күн бұрын

Let's dive into the U Visa Work permits! After many years of unreasonable delays, we are thrilled to announce that USCIS is FINALLY updating their policies so that U visa applicants do not have to wait years for a work permit and deferred action status.
The new process called a "Bona Fide Determination" will attempt to provide work permits to most U visa applicants within just a few weeks of filing, and will be valid for four years and renewable. Our attorney Jennifer Walker Gates has created this video to explain how this new policy affects U Visa petitioners and what you need to be able to get a Bona Fide Determination.
Liked our video? Leave us a comment and don’t forget to subscribe to our channel for more important information!
If you or a loved one need legal assistance with any immigration matter, contact us at +1 512-633-1785 or schedule a consultation with one of our attorneys here 👉 jlw.as.me/schedule.php

Пікірлер: 88
@seanrobin6573
@seanrobin6573 2 күн бұрын
“Thank You 🙏🏿 very much for Utilizing this Platform to Educate, Quite Insightful
@Mk-cl9rg
@Mk-cl9rg 3 жыл бұрын
I Subscribed your channel, you trying to giving answers for most of the questions that is amazing. And thanks for your answers
@shivac759
@shivac759 3 жыл бұрын
Thank you, this video help a lot for me !
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Thank you for your kind words!
@oluwadamilolaoriade5426
@oluwadamilolaoriade5426 3 жыл бұрын
Very helpful video thank you very much
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Thank you! We're happy it's helpful!
@lavrenyukeugene6874
@lavrenyukeugene6874 2 жыл бұрын
Hello, my question is I have submitted U VISA FORM I-918 and I-918 B in 2019 September, I had my fingerprints done in November 2019. My lawyer did not file I-765 at the time because he said first you have to be aprroved bonafide. Since new law in 2021, may I send form I-765 to immigration even if I dont have deffered action yet. My attorney says first I have to be approved bonafide which only be in 2022 or 2023, and than apply for work permit. Under which category should I file, and can I file for work permit separate from my attorney.
@amynvasaya702
@amynvasaya702 3 жыл бұрын
Good job
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Thank you so much!
@trafalgartravelagency2930
@trafalgartravelagency2930 3 жыл бұрын
Contact us today for easy processing of paperwork and travel documents. trafalgatravelinc@gmail.com
@garglucky
@garglucky 3 жыл бұрын
This was very helpful! Any idea when USCIS will start evaluating bonafide applications and start issuing EADs? or that process has already started? If you have that information, could you please share that.
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello, We have received one of the four year work permits for one client who was a participant in our federal law suit against USCIS. Other than that, we are still waiting but hope to begin seeing many of these EADs being issued by the end of the summer. Given that the policy was announced in June of 2021, we feel that August or September would be a reasonable time frame for them to ramp up the new processes. At least we hope that’s what will happen!
@luisatavarestotoli8895
@luisatavarestotoli8895 3 жыл бұрын
Great information!! Should I file the form I-918 and I-765 together? I mean, at the same moment? Thank you!
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hi, thank you so much! Yes, you will need to file Form I-765 under category (c)(14) along with each Form I-918.
@leandroagle
@leandroagle 2 жыл бұрын
Dear Jennifer, I received the bona fide certification but still am waiting the EAD for six months already.
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Mr. Aguilar, We have a client with a similar situation - we are preparing to go to federal court to force USCIS to correct the problem. I am so sorry you’re dealing with this too. USCIS does not do a good job of correcting its own mistakes and organizational failures in situations like yours, so often what we have seen is that a lawsuit (or threat of one) is required to get results.
@ChrnRn-iu4ny
@ChrnRn-iu4ny 9 ай бұрын
Thanks bunch for detailed helpful info !! Question -- what if someone has already an asylum applicant, can they still apply for U visa ?
@jlw.immigrationlaw
@jlw.immigrationlaw 8 ай бұрын
Good question! Yes, an asylum applicant may also apply for a U visa.
@jesus39561
@jesus39561 3 жыл бұрын
I love your video but, the background music 🎶 does not let me hear you right it's kinda loud.
@kiddobix
@kiddobix 3 жыл бұрын
Hello, I have a question. So I filed my I-918 back in November of 2016, but I have not filed I-765 yet. Should I file the I-765 now? Thank you!
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello! While we cannot speak to your individual case without a confidential interview, we recommend that our clients file the Form I-765 under category (c)(14) so that they are eligible to receive a work permit under the Bona Fide Determination. Hope that helps!
@devikapatel1097
@devikapatel1097 2 жыл бұрын
Hi did you receive work permit yet because I am form April 2017 and still waiting please let me know thank you
@ChristinaDelancy
@ChristinaDelancy 2 ай бұрын
Would I need to personally get the documents B from law enforcement or my lawyer will deal with that?
@jlw.immigrationlaw
@jlw.immigrationlaw Ай бұрын
Hi, Christina, we always make this request on behalf of our clients, so I assume that your attorney will do the same for you. Feel free to reach out with other questions!
@anniesalashay
@anniesalashay 2 жыл бұрын
My husband who is the main petitioner filed for i-765. I filed mine under c14 and a 20 as his wife. I received a receipt that 1765 fee was waived under c14. Only 1 application was returned to me ( a20) and was rejected for lack of fee or fee waiver although I sent both applications together with previous fee waiver approval for i918a. They said I should refile with a fee or fee waiver. Do I need to do a new fee waiver for a20? and refile all again ? could it be that the c14 was accepted and I should wait?
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Hello, Anniesa, I know the various work permit categories can be very confusing. If you were my client, I would recommend re-filing the I-765 under category (a)(20) with a fee or a request for a fee waiver. I think it is best to have it adjudicated at the same time that the U visa is approved (although that may be several years in the future).
@patrycjakaczorowska5561
@patrycjakaczorowska5561 2 жыл бұрын
Hello Jennifer . Such a great and valuable video with full of information . Chapeau bas! Do you know by any chance , if the ticket that I received in march 2020 because of driving without the endorsment - ( its a criminal court, that I have been trying to fix already with traffic ticket office ; have done meantime the Pretrial Diversion Agreement; lawyers still taking care of my case and I waiting for another date of the court ) might affect the Bona Fide Determination in my case? I submitted the U visa application September 2020. Thank you.
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Hello, Patrycja, So glad to hear that the video is helpful. In my experience, traffic tickets like the one you mention here do not lead to serious consequences in immigration cases. They are not considered serious criminal matters unless alcohol or drugs were involved. For driving without a license or something like that, so long as you take care of the fine or get the ticket dismissed, it should not affect your Bona Fide Determination.
@patrycjakaczorowska5561
@patrycjakaczorowska5561 2 жыл бұрын
@@jenniferwalkergates5745 Jennifer ! Thank you so much for rapid response . Hopefully all will be fine . All the best for you !
@javieram8636
@javieram8636 2 жыл бұрын
Filled u visa in June 2019 went to my biometrics as well. When do you think I would qualify for work permit ?
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Hi, Javier, We have begun receiving bona fide determination work permits for clients whose cases were filed in 2016. We hope to see more of these begin to be issued soon. In general, you should qualify for this work permit if you do not have serious criminal history or extremely negative immigration history.
@lavrenyukeugene6874
@lavrenyukeugene6874 2 жыл бұрын
Have you also filed I-765, or first you are waiting to receive BONAFIDE?
@syedfareed-wq1hi
@syedfareed-wq1hi 3 ай бұрын
Hello police sign supplement B but they wrote that the victim did not help the police at the time of crime. can i still apply for u visa?
@jlw.immigrationlaw
@jlw.immigrationlaw 3 ай бұрын
Hello, Syed, In cases like this, one is able to apply for a U visa - however, it is ultimately unlikely to be approved unless the certification indicates that cooperation is on-going and remains available. If the certifying agency is not willing to change the notation on the certification, then in our experience, USCIS will not approve the U visa.
@SoundsDefinition
@SoundsDefinition 3 жыл бұрын
Great video and extremely useful information. Thank you. However the music is a bit too loud... thank you ..
@abhilashkasagani1371
@abhilashkasagani1371 2 жыл бұрын
Hello Jennifer, I have applied U visa on Feb 10, 2017 and have received 4 year EAD on Feb 17,2022. Does this mean, I will get my U visa approved soon or approval is not sure?
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Hello, Congratulations on receiving your 4-year EAD. Unfortunately, the approval of U visas still lags behind. Recently, we have received U visa approvals for clients who filed in February of 2016. I hope that helps!
@neillopes3570
@neillopes3570 2 ай бұрын
Hi abhilash did you received u visa approval or still waiting...?
@taraleader7767
@taraleader7767 3 жыл бұрын
Hello Jennifer, thank you for the informative video. Can you please help with the below questions: I am yet to apply. How much would it cost to file including the attorney fee? Did any of your clients started receiving the bonafied EADs? Can we travel while on bonafied EAD? Can I continue on H1B after receiving the bonafied EAD? Thank you, Tara
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hi, Tara, The government fees and legal fees for a case can vary a great deal depending on a number of factors, but we would be happy to meet with you, analyze your case, and give you a quote. We provide zero interest payment plans for most of our clients so that we are able to help as many families and individuals as possible. We have received the bona fide EAD for one client who was participating in our federal law suit, but aside from that, we have yet to see any others. We hope to begin seeing them soon - if not, we intend to initiate another round of litigation early in 2022. Regarding travel, I do not believe that travel will be automatically authorized by the bona fide EADs; a request for advance parole will be required for travel. Finally, we have had clients who continued to work on and renew H-1Bs while their U visas were pending, so I would not anticipate a problem with that. I hope that helps! If you would like an in-depth, confidential consultation, please feel free to schedule with us at walkergatesvela.as.me/WGV.
@irinama158
@irinama158 2 ай бұрын
Can you get a U visa with an expired passport from your home country?
@jlw.immigrationlaw
@jlw.immigrationlaw Ай бұрын
Hello, It is possible to get a U visa with an expired passport, though it may require filing an additional request for a waiver of the passport requirement.
@missayti
@missayti 3 жыл бұрын
Thank you. If filing first time for EAD, we do not have to include the payment correct? How about the waiver form concerning EAD should we fill it out and include it?
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello, The policy manual updates indicate that first-time work permits will not have a filing fee. The Form I-192 waiver is not required to receive a Bona Fide EAD, according to the policy manual, but will be required to be approved for the U visa if you have any grounds of inadmissibility in your case. I hope that makes sense.
@missayti
@missayti 3 жыл бұрын
@@jenniferwalkergates5745 i got my i765 rejected for not including payment or waiver. 😞 i filed under category c14
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
@@missayti Hello, Category c-9 is the filing category for persons who are applying for adjustment of status. If you are seeking an EAD under the category for U visa applicants, you would need to file under either A-19 or C-14. In our office, we always file for principal applicants under C-14 because it provides some additional clarity about where the client is in their U visa process. I hope that helps!
@missayti
@missayti 3 жыл бұрын
@@jenniferwalkergates5745 sorry I edited my response earlier. I filed under c14 as suggested but got rejected due to not providing payment or waiver. Filing u visa date was january 2019
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
@@missayti Hi, Guneshnuri, According to USCIS policy, no fees are required for the first filing of the I-765 under category c-14. In order to properly assess why your filing was rejected, and whether USCIS rejected your application in error, we would need to have an individualized, confidential consultation to review all of your documentation. Please feel free to reach out and schedule with us if we may be of assistance.
@marimal1718
@marimal1718 2 жыл бұрын
Hello Jennifer, thank you very much for the very helpful video. I have a question regarding U visa based on domestic violence. Does the perpetrator has to be a Green Card holder or a US Citizen? I have cooperated with the law enforcement, had an order of protection and have several police reports, filed for supplemental B and waiting for the district attorney to sign on ( has been 2 month already). Could you please clarify if the abusers status in US can deter me from applying for U visa? Thank you!
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Hi, Marina, For U visas, a cooperative victim of domestic violence may qualify for benefits regardless of the perpetrator’s immigration status. The aggressor may be undocumented, or they may have a green card or U.S. citizenship - it doesn’t matter for purposes of the U visa. However, if you have been the victim of a perpetrator who is a U.S. citizen or green card holder, I would recommend analyzing your case for possible VAWA benefits, as these cases are not subject to an annual cap and so you may be able to receive benefits more quickly by applying for VAWA. Some individuals who are not formally married are able to receive VAWA benefits by demonstrating that the have a qualified “common law” marriage, so that is important to analyze if the perpetrator is a green card holder or U.S. citizen. Finally, in my experience, two months is not an unreasonably long time to wait for a DA’s office to finalize and sign an I-918 supplement B. Best of luck with your case and don’t hesitate to reach out with any additional questions.
@marimal1718
@marimal1718 2 жыл бұрын
@@jenniferwalkergates5745 Thank you so much, Jennifer! Big, big thank you from the bottom of my heart!
@mariocano2767
@mariocano2767 Ай бұрын
Does the gravity of the crime committed against the victim determines whether they obtain the work permit or not while waiting for their u visa?
@jlw.immigrationlaw
@jlw.immigrationlaw Ай бұрын
Hi, Mario, All U visas require that the victim suffer “substantial abuse” in order to be approved. This standard requires showing that the U visa petitioner suffered from impairment in their emotional or physical functioning as the result of the crime. Making this showing requires that the victim provide a detailed statement about how they were impacted by the crime - many of our clients share that, because of the crime against them, they suffer from impaired sleep, inability to relax or feel safe, fear of people who resemble the perpetrator, loss of work, loss of feeling safe in their homes, as well as other problems. There is no one factor that determines “substantial abuse,” so it is important to include as much information as possible. So long as the statement regarding substantial abuse is included with the initial application, in our experience, there should be no impediment to receiving the work permit and the bona fide determination while awaiting the U visa. If we can provide additional assistance or support, we would be honored to do so. Please don’t hesitate to reach out to us at jlw.law.
@Mk-cl9rg
@Mk-cl9rg 3 жыл бұрын
Mam I applied u visa at January 2021, but I didn’t done biometric anything. But I applied I918. And police approved 918 form too. So i am included in bona fide? And still I didn’t apply i765 too. Please reply Mam.
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello, As far as we know, you will be able to receive a Bona Fide Determination as soon as your biometrics are taken. To date, we don’t have specific information about when the Bona Fide work permits will be issued, but hope to have that information within the next couple of weeks.
@Mk-cl9rg
@Mk-cl9rg 3 жыл бұрын
Jennifer Walker Gates thanks you
@mannyboyaztlan5127
@mannyboyaztlan5127 Ай бұрын
Hi. I was denied my u-visa is there a way or I can still pursue it?
@jlw.immigrationlaw
@jlw.immigrationlaw Ай бұрын
Hello, I’m sorry to hear this. The possibility of continuing with the U visa depends very much on the reason or reasons for the denial. If the basis for the denial pertains to a criminal record, in our experience, those are very difficult if not impossible to overcome. However, we have had success reopening and winning U visas for clients whose cases were denied for other reasons, such as a failure to respond to a request for evidence or a faulty determination that the client was not a victim of a qualifying crime, as well as other reasons. It is important to file your appeal or motion to reconsider the denial within 33 days of the decision, so time is of the essence. There are few exceptions to late-filed appeals or motions. If we can be of additional assistance, please schedule a consultation with us ASAP at jlw.as.me/schedule.
@rexcardozo5583
@rexcardozo5583 2 жыл бұрын
I have went to biometric in March 2021 when will I get EAD
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Hi, Rex, We’re not sure yet how soon recent applicants will be able to get their new EADs. We are currently receiving Bona Fide EADs for clients whose cases were filed in late 2016. We are hopeful that the pace of issuance will pick up in the coming months.
@damindadineshimaduwagamage9044
@damindadineshimaduwagamage9044 Жыл бұрын
Can I submit form I-765 after they got my Biometrics?
@jlw.immigrationlaw
@jlw.immigrationlaw Жыл бұрын
Hello, Daminda, Typically, we submit Form I-765 together with the U visa petition, but that is not required. USCIS will accept a Form I-765 after the initial U visa petition is already filed and pending.
@CheLios412
@CheLios412 2 жыл бұрын
I got my bona fide letter like 2 weeks ago I filed my u visa 6 years ago how long do I have to wait untill my u visa get completely approved? That's my concern!
@jenniferwalkergates5745
@jenniferwalkergates5745 2 жыл бұрын
Congratulations! That is such a long time to wait! Have you also received your 4-year work permit? Let us know if we can be helpful at all.
@CheLios412
@CheLios412 2 жыл бұрын
@@jenniferwalkergates5745 we just sent the application for the work permit
@ermag6920
@ermag6920 2 жыл бұрын
@@CheLios412 any news about work permit..have you got it ? Thanks
@CheLios412
@CheLios412 2 жыл бұрын
@Erma G I went to see my lawyer so file the permit but they are saying I have to pay immigration feed which is $499 I thought It was free the first time you file it.
@ermag6920
@ermag6920 2 жыл бұрын
@@CheLios412 that’s right. I was thinking it’s free but I paid it too. In case we do t need to they will do refund. Have you received your EAD for 4 years or you’re still waiting for it ?
@johnsonraju2605
@johnsonraju2605 3 жыл бұрын
Madam if I obtain 'u'visa can I be able travel outside us?
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello, Raju, Some people are able to travel outside the USA with the U visa, but you must get an appointment at a consulate before returning and get the U visa placed into your passport. It is important to ensure you don’t pass more than 90 days at a time, and 180 days in total outside the USA while you are in U status - otherwise, you lose the opportunity to qualify to apply for residency.
@ashwanikumar1120
@ashwanikumar1120 3 жыл бұрын
hello mam i am down my biometrics, what is next for u visa ?
@ashwanikumar1120
@ashwanikumar1120 3 жыл бұрын
i am waiting your answer
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello, We understand that the next step will be a review of the petition for a bona fide determination, meaning a review for completion and merit of favorable discretion. However, we do not know what the timeframe is for these determinations. We are hopeful that they will be issued soon.
@ashwanikumar1120
@ashwanikumar1120 3 жыл бұрын
@@jenniferwalkergates5745 thanks for answer me
@nirishashrestha8070
@nirishashrestha8070 3 жыл бұрын
Hello Madam great and informative video. I applied for U visa back in 2019 June and i also applied for I-765. USCIS also took my biometrics, so how long it going to take to get the Work permit now. Also I am graduate international student and we get the OPT for 3 years and i am working in OPT does that going to affect on qualifying on U-visa Bona work permit
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello, I’m so glad you found the video helpful! At this time, we are still waiting for USCIS to issue clarification about their timeline, but we have received one bona fide work permit for a client who participated in our law suit against USCIS for their delay. Her case was filed in 2017. Because the new policy was announced just about one month ago, we hope to begin seeing these work permits being issued by the end of the summer/August. In our experience, working on OPT should not have any impact on the adjudication of a U visa petition. Individuals often file multiple processes that offer various types of benefits.
@kyla921
@kyla921 Жыл бұрын
Can i file while my case is still pending.I am a victim.
@jlw.immigrationlaw
@jlw.immigrationlaw Жыл бұрын
Hi, Kyla, If your question pertains to a work permit application, then yes, you can file while your U visa case is pending. If you have other questions, don't hesitate to reach out.
@urjashrestha738
@urjashrestha738 3 жыл бұрын
Hi I wanted to know few things about rescheduling my appointment. I'd be very grateful if you could help me know more about it. How can I contact you?
@jenniferwalkergates5745
@jenniferwalkergates5745 3 жыл бұрын
Hello Urja, please feel free to reach out at jennifer.wg@walkergatesvela.com , you can also schedule a consult with our team of lawyers through this link: walkergatesvela.as.me/WGV
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