The U visa provides a vital path to safety and legal status for immigrant crime victims who assist law enforcement. It grants qualified victims and certain family members up to four years of non-immigrant status and a work permit. After three years in U status, holders can apply for permanent residence (a green card).
However, Congress caps U visas at 10,000 per year (excluding derivatives), leading to massive backlogs. To help applicants stuck in this queue, DHS introduced the Bona Fide Determination (BFD) process in 2021. In simple terms, USCIS now gives interim relief to pending U visa petitioners by checking their paperwork and background early. A successful BFD grants deferred action (protection from deportation) and an employment authorization document (EAD) for up to four years.
In 2025, understanding the BFD is critical. This article explains the U visa basics, what “bona fide” means, who is eligible, and how to strengthen your case. We draw on official USCIS guidance and immigration experts to break down the process step by step. By the end, you’ll know how to prepare a complete U visa petition and what to expect as USCIS processes your case.
U Visa Basics and Eligibility
The U visa is a non-immigrant visa for victims of certain crimes. To qualify, you must have been substantially injured (physically or mentally) by a qualifying criminal activity, and you must have been helpful (or willing to be helpful) to law enforcement in investigating that crime. The crime must have violated U.S. law or occurred in the U.S., and you must be admissible (or obtain a waiver). Eligible crimes include violence, trafficking, sexual assault, and other serious offenses. Crucially, family members of the principal applicant, such as spouses and children, can derive U visa benefits if properly included on the petition.
A U visa holder gets up to four years of lawful status in the U.S. After three years in U status, a holder may apply to adjust status to lawful permanent resident (green card). After five years as a green card holder, citizenship is an option. Because only 10,000 principal U visas are approved each year, plus family members, most applicants face multi-year wait times for final approval. This statutory cap has created a long waiting list and a backlog where approved petitions wait in line for available visa numbers. Understanding this cap and its impact is essential for any U visa applicant.
What Is the Bona Fide Determination (BFD)?
The Bona Fide Determination is a new, initial review stage of the U visa process. In this step, USCIS checks whether your petition is complete and free of disqualifying issues. Specifically, DHS reviews your application to ensure it’s properly filed and then runs background and security checks. If at this stage USCIS finds your petition “bona fide,” it means your case looks genuine: you submitted all required documents, and no national security or serious criminal issues appear on your record.
Importantly, a BFD is not a visa approval. Rather, it grants temporary benefits while you wait for final adjudication. If your petition is deemed bona fide, you receive deferred action, so you won’t be deported and a work permit (EAD) valid for four years. This gives you immediate legal status to live and work in the U.S. while DHS continues processing your case. In contrast, final U visa approval requires showing all eligibility criteria (victim of a qualifying crime, etc.) the BFD only checks the basic paperwork and background. In practice, BFD allows applicants to safely contribute by working and cooperating with authorities during the years-long wait, rather than remaining in limbo or fear.
Who Qualifies for a BFD? Requirements and Criteria
Not every petitioner automatically receives a BFD. USCIS applies BFD only to U visa petitions filed by persons physically in the U.S. If you filed (or filed before) June 14, 2021 and are still waiting, or you file a new petition now, you are eligible for BFD review. Those already placed on the waiting list before June 2021 won’t get a second review they already received similar relief. Also, only principal applicants in the U.S. can trigger BFD; family members overseas are excluded (they’ll simply wait for final approval later).
To be found bona fide, your petition must meet USCIS’s basic filing requirements. Key elements include:
- Form I-918 properly filed: Submit a fully completed Petition for U Nonimmigrant Status (Form I-918) with all required signatures and supporting paperwork.
- Law enforcement certification (Form I-918B): Include a signed Supplement B certification from a qualifying official, filed within six months of the certifier’s signature.
- Personal statement: Provide a detailed personal statement describing the facts of the crime and the harm you suffered.
- Background check: USCIS will run your fingerprints for a security check. No adverse issues (violent felonies, national security flags, etc.) can appear. DHS reserves the right to deny a BFD (or later revoke it) if your record shows risks to national security or public safety.
In short, your application must be “complete and properly filed”. If you and your qualifying family members meet these criteria, USCIS will generally grant BFD. For derivative family members (spouse, children), a BFD determination only comes after the principal receives BFD. Your family must have their own Form I-918A petition filed with evidence of the relationship (marriage certificate, birth certificate, etc.). Only then will USCIS assess each family member independently for BFD.
Benefits of a Bona Fide Determination
If USCIS grants your BFD, you gain immediate legal relief during the U visa wait. Specifically:
- Deferred action: You will be under DHS protection and treated as a low priority for removal. Essentially, you cannot be deported while BFD is in effect.
- Work authorization (EAD): You can apply for (or be issued) an Employment Authorization Document valid for up to 4 years. If you filed Form I-765 with your I-918, USCIS will issue the EAD for four years automatically. If you did not file I-765 initially, USCIS will send you a notice telling you to apply, and you can get the EAD with no fee.
These interim benefits allow you to live and work freely and support yourself while waiting for a final U visa decision. In fact, USCIS recognizes that BFD not only helps applicants but also public safety: by giving victims stability and employment, they are better able to cooperate with law enforcement and avoid criminal retaliation. The BFD EAD grant essentially places your petition in a queue (“prima facie approved”) for final adjudication once a visa number is available.
Remember: BFD ≠ U visa approval. It simply confirms your case is in good order. You will still need to meet all eligibility rules for the U visa later (substantial abuse, helpfulness, and admissibility). If new adverse information appears after BFD (for example, a hidden conviction is uncovered), USCIS may revoke your EAD and deferred action. But as long as you remain eligible, BFD provides 4 years of lawful status and work rights, which can be renewed.
BFD vs U Visa Waiting List: Key Differences
Before DHS introduced the Bona Fide Determination (BFD) process, all U visa petitions that exceeded the annual cap were simply placed on a waiting list. Now, BFD comes first. Here’s how the two stages differ:
| Feature | BFD (Bona Fide Determination) | U Visa Waiting List |
| Order & Timing | USCIS reviews BFD petitions first, in strict filing-date order. If the principal applicant receives a positive BFD, the case skips the waiting list and moves toward final U visa status when a number becomes available. If denied, the petition then goes to waiting-list review. | Waiting-list placement happens only after BFD or when no BFD is issued. Federal courts have noted this stage takes much longer, since officers must complete full merits reviews before confirming a spot. |
| Criteria | Simpler: USCIS checks that the U visa application is complete and that the applicant poses no national security or public safety concerns. This is essentially a check that you meet basic eligibility criteria. | Stricter: officers confirm you fully meet the basic eligibility criteria for U status, proving you were a victim of crime, cooperated with law enforcement, and maintain a qualifying family relationship if derivatives are included. |
| Processing Speed | Faster: many eligible applicants receive a bona fide determination notice within months or a year. Recent reports show USCIS handling BFD reviews in about 1–3 years. | Slower: waiting-list decisions can take 5 years or more due to the annual cap on principal visas. |
| Outcome | A successful BFD grants temporary legal status, deferred action, and work authorization while waiting for final approval. This protection can last up to four years. | Placement gives no immediate work permit. Applicants remain on hold until a visa number is available. Only then can they move toward lawful permanent residence. |
👉 In short, the bona fide determination process offers eligible applicants a faster path to temporary legal status and work authorization, while the waiting list involves a longer timeline and stricter review of the full visa application. Both steps ultimately lead to final adjudication and, for those who qualify, the chance to pursue lawful permanent residence.
2025 Processing Times and Updates
USCIS processing of U visas is slow due to high demand. There’s no official published timeline, but several trends are clear:
- Ongoing BFD reviews: In FY2025, USCIS announced it hit the 10,000 visa cap by early September 2025. They prioritized the oldest filings first. However, BFD reviews continue even after the cap is reached. So in 2025 and beyond, even if you won’t get an immediate visa number this year, USCIS will still consider your petition for BFD and EAD.
- Queue processing: USCIS generally handles petitions in receipt date order. Older pending petitions get priority. This means applicants who filed years ago should be moving through BFD and the waiting list first.
- Estimated wait times: Anecdotal reports and law firm analyses suggest many applicants get a BFD decision within 1–3 years of filing. Getting the four-year EAD after a BFD can take roughly 4–5 years total from filing. Final visa approval typically takes much longer, commonly 5–8 years (or more) from the initial petition. In early 2025, USCIS was only approving petitions filed 4–5 years prior.
Because of this backlog, planning ahead is critical. Check USCIS processing time tools (note: as of mid-2025, only waiting list times are shown). Remember, BFD gives you interim stability long before the green card arrives.
7. Common Mistakes and How to Avoid Them
Even simple errors can delay or derail your BFD. Here are frequent pitfalls and tips to address them:
✔ Incomplete Petition: USCIS will deny BFD if Form I-918 is missing key parts.
Avoid: Carefully submit a complete I-918 package. This means Form I-918 fully filled out and signed, plus Supplement B (law enforcement cert) signed and filed within 6 months. Include a clear personal statement describing the crime and abuse.
✔ Missing Evidence: Leaving out required evidence (police reports, medical records, witness statements, etc.) weakens your case.
Avoid: Provide all available documentation that shows you were a crime victim and assisted police. USCIS primarily checks that you submitted something, but having strong supporting evidence makes your petition clearly bona fide.
✔ Not Filing Form I-765: If you forgot to file a work permit application, you’ll still get BFD, but you need an extra step to work.
Avoid: Whenever possible, file Form I-765 (Application for Employment Authorization) with your I-918. USCIS actually advises petitioners to submit I-765 early. If you didn’t file it, USCIS will notify you to do so (and waive the fee) once BFD is granted. Filing together speeds up getting your EAD.
✔ Criminal/Security Issues: Any serious criminal history (violent felonies, sex crimes, drug trafficking, etc.) or national security concerns can block BFD.
Avoid: Be fully truthful. If you have arrests or charges, consult an attorney before filing. Often, minor infractions don’t bar BFD, but leaving them undisclosed can cause denials later. If an issue arises, you may need to provide evidence of rehabilitation or mitigation during final adjudication.
✔ Family Members Not Included: If you have a spouse or children, failing to properly file their derivatives (Form I-918A, evidence of relationship) means they won’t get BFD benefits.
Avoid: Include each eligible family member on your petition and submit Form I-918A for them, with marriage/birth certificates or other proof. USCIS will only grant BFD to family after the principal’s BFD is approved.
✔ Residency Issues: BFD only applies to petitioners inside the U.S. If USCIS thinks you’re abroad, you won’t get deferred action or work authorization until you return.
Avoid: Ensure USCIS knows you’re physically present. If you travel abroad on your own, realize that disqualifies BFD (you’d simply wait on the list from overseas).
📌 Pro Tip: Double-check everything before mailing. Even a small omission or translation error can trigger Requests for Evidence or denials. When in doubt, have an experienced immigration attorney review your U visa petition and all supporting documents.
Navigating the Process and Getting Help
The U visa/BFD process is complex and evolving. Even after filing, you should:
- Track USCIS Notices: If USCIS requires anything (like filing I-765 or additional evidence), respond quickly. Your priority date in line won’t move while you’re waiting on an RFE response.
- Renew Deferred Action as Needed: Your initial BFD EAD is good for four years. When it expires, you must renew it (also free for BFD cases) to maintain work authorization. USCIS will notify you when to renew.
- Stay Eligible: Continue to cooperate with law enforcement as promised. If new criminal or security issues arise after BFD, DHS can revoke your benefits.
- Consult an Attorney: A qualified immigration attorney can make a big difference. They can ensure your forms (Forms I-918, I-918B, I-918A, I-765, etc.) are correctly filled out and supported by evidence. They can spot issues (like inadmissibility or documentation gaps) and advise on workarounds (waivers, consular processing, etc.). In tough cases, attorneys may even file mandamus lawsuits to prompt USCIS action if delays become unreasonable.
Ready to Secure Your U Visa With Confidence?
Questions about timelines, waiting lists, or the bona fide determination process can feel overwhelming, especially after surviving a qualifying crime. Whether you’re filing now or preparing for the next stage, the right legal strategy protects your immigration status and your future. Our goal is to keep you eligible, prepared, and supported while we handle the details.
The Chidolue Law Firm will review your basic eligibility criteria, prepare persuasive supporting records, guide you through USCIS inquiries, and stand with you if your case reaches federal courts. From obtaining a bona fide determination notice to protecting a qualifying family relationship or planning for eventual lawful permanent residence, our immigration services are designed to steady your path without risky DIY steps.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
Let’s move your case forward with clarity and compassion so you can focus on healing, stability, and building a secure life in the United States while we protect the legal path ahead.
