Immigration

When applying for a U visa,  the applicant will first get “deferred action” and placed on the waitlist.  When applying for a U visa, the applicant will first get “deferred action” if they have an approvable case and placed on the waitlist as there are only 10,000 U visas available annually. Current processing times for U visas are over 2 years – in other words, it could take 2+ years to even be placed on the waitlist.  But USCIS still works on cases and puts approvable cases on the waitlist, which gives them deferred action. Deferred action is not a legal status per se, rather just a place holder that USCIS knows that the applicant is in the country and the applicant gets work authorization.  Once the applicant gets the full 4 year visa (which can take 3+ years AFTER being on placed the waitlist), the applicant will get 4 year work authorization.  There is a form called an I-765 that can be filed based on deferred action status if the applicant wants a work permit in the interim while on the waitlist for the U visa (while in deferred action status).  You can see our website here for more information: www.womenslaw.org/laws/federal/immigration/u-visa-crime-victims/basic-in…