Much Touted BFD Not Yet Yielding Results for U Visa Applicants

HomeNews & EventsMuch Touted BFD Not Yet Yielding Results for U Visa Applicants

Immigration News & Events



Much Touted BFD Not Yet Yielding Results for U Visa Applicants

Share This Post: facebooktwitterLinkedIn

According to the USCIS Ombudsman’s 2022 Annual Report, through the end of fiscal year 2020, the agency was taking 54.3 months to review U visa applications for immigrant victims of certain crimes. With the goal of conducting initial reviews of U visa applications more efficiently and providing eligible victims with employment authorization and deferred action while they await a final adjudication of their U visa—which is likely to take over a decade due to the 10,000 annual statutory cap on visas issued—USCIS announced a new Bona Fide Determination (BFD) process for U visa applicants in June of 2021.

Advocates celebrated the announcement of the BFD process and its potential to more quickly give invaluable interim protections to U visa applicants.  But over a year in, the results have not been seen.  As reported by the USCIS Ombudsman, through May 2022, with a year of using the new BFD process, USCIS was now doing the initial processing of 80 percent of U visa applications and either issuing a BFD notice or notifying the applicant that it would not get a BFD notice in 61.5 months—over five years.  Wait times for U visa applicants are still interminable.

The BFD policy makes sense and still has enormous potential to help tens of thousands of victims of crime who are assisting law enforcement. Unfortunately, it appears that without more resources from the agency, the policy will not make a meaningful difference.  Advocates will continue to push USCIS to dedicate the necessary resources to make this program work for immigrant victims of crime, but thus far the results have been decidedly underwhelming.

#Immigration #USCIS #afghan #afghanistan #Immigrationissues Today on our weekly Facebook live updates, we have discussed things that are happening in immigration law including the Matter of Fernandes, One Year Anniversary…


IMMPact Litigation Update for August 23, 2022 We will update everyone on the DV Oral Argument schedule, the current status of our DV2022 case, the status of our EB-5 Jain…



Recognized Leaders In
Immigration Law

Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.


We Are Committed to Your Dreams.

Countless people dream of becoming a U.S. citizen. If your application was rejected by the USCIS, we are here to fight for your best interests.

Get in touch with us. Write us a message.

  • This field is for validation purposes and should be left unchanged.
Tap Here To Schedule An Appointment
It's Fast & Easy