U Visa Update Announced by USCIS – No Deadline Will be Imposed; Interim Relief Will not be Terminated
On April 10, 2008, the USCIS announced that, at least for now, it will not be terminating interim relief for aliens and that it will continue to accept petitions for U nonimmigrant status at any time.
Back in September, 2007, the USCIS had announced its final rule regarding the U visa (which grants immigrant benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity). As part of that September announcement, the USCIS was “encouraging” aliens who had been granted interim relief to file for U nonimmigrant status (Form I-918) prior to Apr. 13, 2008. It had intended to terminate interim relief for aliens who failed to petition for the “U” classification before that date.
With its April 10 announcement, the USCIS backtracked and said there is no such deadline and it will not be evaluating previously granted interim relief such as grants of deferred action, parole, and stays of removal—at least until further notice.
Those who obtain U nonimmigrant status can stay in the United States for up to four years, and may be accompanied by their spouse, children, unmarried siblings under 18, and parents. A total of 10,000 U-visas are available each fiscal year (although the cap does not apply to eligible family members).
Here is the September 5, 2007 USCIS Fact Sheet on the U Visa.
