A woman, mother of three, steps out for a walk in her Charlotte, North Carolina neighborhood. It’s a mild fall day in 2024, with no scorching sun and no rain forcing anyone indoors. Instead of driving to do her shopping, she decides to go on foot. Her doctor has advised her to get some physical activity, and that’s exactly what she’s doing when a man armed with a gun emerges from behind some bushes and demands everything she has.
She complies. After the man leaves, she stands frozen for a few seconds, then takes off running and calls the police.
“He didn’t hurt me physically, but my blood pressure spiked, I couldn’t sleep, and I had to see a therapist for anxiety,” the woman, who asked to remain anonymous due to fear for her immigration future, told Enlace Latino NC.
She has lived in the United States for years. Her children are U.S. citizens, but she hasn’t been able to obtain legal status. The armed assault—with all the psychological and material harm it caused—could be the key to resolving her immigration situation. It’s one of the crimes listed by U.S. Citizenship and Immigration Services (USCIS) that can qualify someone for a U visa, which is 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 mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity,” USCIS explains.
Among its immigration benefits, the U visa allows recipients to live and work in the United States while the visa is valid. It also offers a path to apply for permanent residency in the future.
But in practice, the process is not as simple as it looks on paper. The system is overwhelmed, and crime victims may face delays of decades before obtaining their U visa.
A Backlogged System
“There’s about a 20-year wait for U visa applicants,” immigration attorney Yesenia Polanco told Enlace Latino NC.
As Polanco explains, there is an annual cap of 10,000 U visas that can be granted. According to official USCIS data, the number of applicants far exceeds that limit.
Until 2010, annual applications were under 10,000. Starting that year, the number consistently surpassed the cap: more than 21,000 applicants in 2012, over 26,000 in 2014, more than 37,000 in 2017, and more than 42,000 in 2024. The excess applications have continued to build up, to the point that nearly 239,000 U visa petitions are currently pending.
When the woman who spoke with Enlace Latino NC consulted an immigration attorney, she was told she might be eligible for a U visa. What no one explained to her was how long the wait could be.
“Who knows if I’ll still be alive in 20 years?” she said.
Te puede interesar: False Information regarding U Visa has been debunked
The Fear of Deportation
Meanwhile, the nearly 239,000 crime victims waiting for their cases to be resolved are stuck in a limbo filled with fear of deportation.
“I heard that if I get detained, or even if my U visa gets denied, I could be deported,” said the woman who was robbed in Charlotte.
According to attorney Polanco, that fear isn’t unfounded.
“There’s no law preventing immigration from placing someone [with a pending U visa case] in removal proceedings. A person with a pending visa case can be deported,” Polanco said.
“Also, submitting a U visa application is like handing over your information to immigration. And if the case isn’t strong and gets denied, the person can be referred to Immigration Court.”
Another major concern, Polanco noted, is that a U visa applicant could be detained when appearing in court to present their case.
“That’s a big concern of mine, honestly, because it shouldn’t happen. But it has happened. If someone has a pending case, they shouldn’t be deported, because the U visa process protects them until a judge says otherwise. But we’re hearing that it has happened and could keep happening.”
Alternatives During the Long Wait
Still, many people waiting for their U visa applications to be processed are not left completely unprotected.
Since June 2021, USCIS has implemented a policy to issue “bona fide determinations.” That means that if a U visa petition is considered complete and credible, the applicant may be granted a work permit (EAD) while waiting for a visa number to become available.
Who Qualifies for a U Visa?
Despite the long delays, many crime victims still see the U visa as a possible solution to their immigration status.
To avoid wasting time or raising false hopes, it’s essential to understand the eligibility requirements.
To qualify for a U visa, a person must:
- Have been the victim of a qualifying criminal act that violates U.S. law
- Have suffered substantial physical or mental abuse as a result of that act
- Possess information about the criminal act
- Help law enforcement investigate the crime
- Be admissible to the United States (or apply for a waiver using a Request for Advance Permission form if not admissible)
>>> North Carolina Attorney General Reaffirms Commitment to Immigrant Constitutional Rights
Under Trump, Fear of Deportation Without a Hearing
For many immigrants, the fear is not just being deported, but being removed without a fair hearing—without a judge listening to their case or issuing a deportation order.
This risk increased under President Donald Trump’s second term, with the expansion of expedited removal, mass raids, and the invocation of the Alien Enemies Act.
“The process is supposed to mean that a judge decides whether a person is deported—not ICE, whenever it feels like it,” Polanco said. “Honestly, that’s what scares me most about this administration.”
Although Polanco is not opposed to deportations after someone has exhausted all legal options, she is concerned about removals taking place before the legal process ends.
“The fear is about mass deportation that strips people of their rights, eliminates their rights, or violates their constitutional rights to due process,” Polanco added.
Calls for Immigration Reform
As U visa applications pile up and wait times stretch into decades, some lawmakers and immigrant rights advocates have pushed for reforms to ease the burden on the system.
One such effort was the U.S. Citizenship Act of 2021, proposed by President Biden, which included a provision to increase the annual U visa cap from 10,000 to 30,000. However, the proposal faced legislative roadblocks and was not approved by Congress.
Currently, there are no active legislative proposals to raise the U visa cap. While immigration reform remains part of the national conversation, the issue has stalled in Congress.
“The wait time, well, in the next few years I think that’s going to be a big downside,” said the U visa applicant. “But if they increased the number of visas, that would be an extraordinary opportunity.”
PODCAST
Después de la tormenta
Hace un año, el huracán Helene golpeó al oeste de Carolina del Norte. La comunidad latina respondió con algo más fuerte que la tormenta: solidaridad.
🎧 En este episodio, conoce cómo las organizaciones latinas transformaron la crisis en resiliencia.
▶️ ¡Dale play para escuchar!
Republique gratuitamente nuestras historias en su website o periódico. Seguimos la licencia de Creative Commons. Dele clic al recuadro, y siga las instrucciones.
