A mother of three goes for a walk around her neighborhood in Charlotte, North Carolina. It's a mild fall day in 2024, with no blazing sun or rain forcing her to take shelter. Instead of walking to the grocery store, she chooses to walk. Her doctor has recommended she get some physical activity, and that's exactly what she's doing when a man armed He emerges from some bushes and demands that she hand over everything she has. The woman obeys. When the man leaves, she freezes for a few seconds, then manages to run and call the police.
“It didn't hurt me, but I had a spike in blood pressure, trouble sleeping and anxiety, which I had to treat with a therapist,” he told Enlace Latino NC the victim of the robo, who prefers to keep his identity secret because he fears for his immigration future.
The woman has lived in the United States for years, her children are American citizens, but she has not been able to obtain their papers. The assault with a firearm, with all the psychic damage and material that produced it, could be the key to solving your immigration problem. It is included in the Citizenship and Immigration Services (USCIS) listing which lists the crimes eligible for a U Visa, designed for victims of criminal acts in the United States.
What is the U Visa?
“The U Visa is reserved for victims of certain crimes who have suffered physical or mental and that assist law enforcement authorities or government officials in the investigation or prosecution of criminal activities,” USCIS explains.
Amongst the U Visa immigration benefits There is the possibility of living and working in the United States during the duration of the program. In addition, it offers an opportunity to apply for permanent residence in the future.
However, in practice, not everything is as simple as the law suggests. The system is collapsed, and victims of criminal activity can experience delays of decades before obtaining their U visa.
Related: Victims of crimes will be able to process a work permit while waiting for the U Visa
U Visa: A collapsed system
“There is a wait of around 20 years for U visa applicants,” he explained to Enlace Latino NC Yesenia Polanco, immigration attorney.
As the specialist indicates, there is a limit of 10,000 U visas that can be granted per year. According to the official USCIS figures, the number of applicants exponentially exceeds that figure.
While until 2010 the number of annual petitions was less than 10,000, since that year the number of applicants consistently exceeded the threshold. In 2012 there were more than 21 applicants, in 2014 more than 26, in 2017 more than 37, and in 2024 more than 42. And the surplus has continued to accumulate, to the point that there are currently nearly 239,000 pending U visa petitions.
When the woman who gave her testimony to Enlace Latino NC He consulted with an immigration attorney and was told he might be eligible for a U visa. What no one explained to him is why it could take so long.
“Who knows if I’ll still be in this world in 20 years?” he lamented.
It may interest you: False information about the end of the U Visa is denied
The fear of deportation
Meanwhile, the nearly 239,000 victims of crimes Those awaiting the resolution of their case find themselves in a limbo where fear of death is rife. deportation.
“I heard that if I get arrested, or even if my U Visa application is rejected, I could be deported,” said the woman who was assaulted in Charlotte.
Attorney Polanco maintains that this is not an unfounded fear.
“There is no law that prevents Immigration from placing a person [in the U Visa process] in deportation proceedings. A person with a pending visa case can be deported,” Polanco said.
"Furthermore, submitting a U visa is like giving immigration your information. And if the case isn't strong enough and the application is denied, the person can be referred to Immigration Court."
Another of the great fears lies in the fact that a U Visa applicant is arrested when presenting his case in court, the lawyer indicated.
“That's a big concern of mine, honestly, because it shouldn't happen. But it has been seen. If a person has a pending case, they shouldn't be deported because they're in the process of obtaining a U visa, and the process protects them until a judge orders otherwise. But we're hearing that this has happened and could continue to happen.”
Alternatives during the long wait
However, many people waiting for their U Visa applications to be processed are not left completely helpless.
Since June 2021, USCIS has implemented a policy to issue "bona fide determinations." This means that if a U visa application is deemed complete and credible, the applicant may receive an employment authorization permit (EAD) while awaiting an available visa number.
Who is eligible for a U Visa?
Beyond the long wait, many crime victims still see the U Visa as a solution to their immigration status.
In that sense, to avoid wasting time or getting your hopes up, it's crucial to know the eligibility requirements.
To qualify for the U Visa the person must:
- Have been the victim of a qualified criminal act that violates the laws of the United States
- Having suffered substantial physical or mental abuse as a result of that criminal act
- Have information about that criminal act
- Assist the police in crime investigation
- Be eligible for admission to the United States (if you are not eligible for admission, you may request a waiver with a Advance Permit Request Form)
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Under Trump, fear of deportation without trial
For many immigrants, the fear is not just of being deported, but of being expelled without a fair trial. They fear being removed without a judge hearing their case or obtaining a deportation order.
This risk has grown with the expansion of expedited deportation, mass raids and the invocation of the Alien Enemies Act during President Donald Trump's second term.
“The process means giving the judge the power to make the determination of whether the person will be deported or not. Not to ICE whenever they want,” Polanco said. “The truth is, for me, that's what I fear most about this administration.”
Although Polanco does not oppose carrying out deportations after exhausting all legal avenues, he is concerned that these actions could occur before the judicial process is concluded.
"The fear lies in mass deportations that take away rights, that eliminate rights, or that violate constitutional rights," Polanco added.
They advocate for immigration reforms
As U visa applications pile up and wait times stretch into decades, some lawmakers and immigrant rights advocates have called for reforms to streamline the system.
Among them was the United States Citizenship Act of 2021, proposed by President Biden, which included an increase in the annual cap on U visas from 10,000 to 30,000. The measure, however, faced legislative obstacles and failed to pass Congress.
There are currently no active legislative proposals to increase the U visa cap. Although immigration reform is being debated, the issue has not advanced in Congress.
“Well, I think the wait time would be a negative aspect of all this in the coming years,” said the U visa applicant. “But if they increase the number of visas, it would be an extraordinary opportunity.”
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