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Navigating Immigration Law · · 21 min read

Master the U Visa Bona Fide Determination Process Step-by-Step

Step by Step Guide to U Visa Bona Fide Determination Process.

Master the U Visa Bona Fide Determination Process Step-by-Step

Introduction

Being a victim of a crime is often a very traumatic and challenging event. Here at First It First, we need to get safe and then get supported as victims of crime.

Victims will go step by step over the U Visa process and also over the requirements of eligibility. We are empowering victims of crime in order to avoid language barriers in the access to justice, and we also are aware that the process of the U Visa takes a lot of time.

The number of the pending petitions for the U Visa is over 416,000. It is obvious that many applicants wonder how to proceed in order to get the relief they so desperately need.

Define the U Visa and Bona Fide Determination

New ways to receive safety and support if you are a victim of crime! This visa enables the victims of crimes to receive support from the law enforcement and also receive safety from removals.

In sum, a Bona Fide Determination (BFD) is made in order to take a request for relief from removal seriously or not. If the Bona Fide Determination is positive, the applicant is permitted to seek and obtain employment while his or her application for relief from removal is being reviewed by the appropriate government agency. A favorable Bona Fide Determination is made when it is determined that an application for relief from removal meets the appropriate criteria for approval for relief from removal. The U program, in the meantime, continues to support victims of crime. As of 2026, 10,000 permits are available annually.

The central node represents the U Visa, which provides safety and support for crime victims. The branches show how the U Visa connects to the Bona Fide Determination process, detailing its purpose and implications for applicants. Each sub-branch provides specific information about the benefits and criteria involved.

Identify Eligibility Requirements for the Bona Fide Determination

Bona Fide Determination of U Status for Bona Fide Victims of Serious Crimes of Violence (Including Sex Offenses) for Applicants for Approval of Status on Their Behalf Under U Status (Bona Fide Victims of Qualifying Crimes) for U Status Applicants.

  1. You are a Victim of a Qualifying Crime(s): The applicant, and any family members included in the application for approval of status, must be a victim of a qualifying crime(s) in order for them to be eligible to apply for U status for victims of qualifying crimes.
  2. Substantial Harm: This is another requirement for eligibility for U status. Here the law seeks to establish the amount of “substantial physical or mental harm” or abuse that resulted from the qualifying criminal activity for which you are a victim.
  3. Collaboration with Law Enforcement: The determining factors of whether or not a victim of a qualifying crime will be granted U status also examine the victim's willingness to cooperate with the investigation and/or the prosecution of the qualifying crime as the victim of that qualifying crime.
  4. Documentation: In order to request approval of status on behalf of a victim, it is necessary to complete the proper documentation and submit it to USCIS. The necessary documentation is to complete Form I-918 (Petition for U Nonimmigrant Status) and Form I-918B (Law Enforcement Certification).
  5. Background Check: As noted above, as part of the approval process for the Bona Fide Determination of status for the victim(s) in question, USCIS will be conducting a background check to ensure that the victim(s) in question would not pose a threat to public safety and/or the National Security of the United States of America.

Many individuals who have been victims of serious crimes are struggling to qualify for U status. There are currently over 416,000 pending U Visa petitions. These individuals need our help in qualifying for Bona Fide Determination of status during the long waiting period for a decision and dealing with the many complexities in the U Visa process.

If you are served with a subpoena or contacted by immigration enforcement, you must act quickly. Until your immigration case is closed, you have the right to remain silent and to request an attorney. Vasquez Law Firm offers free initial consultations and 24/7 emergency assistance for individuals suffering personal injury as well as for individuals and families in immigration proceedings. The U Visa bona fide process can be costly, not only for the U Visa application process itself but also for the related immigration proceedings. For this reason, it is particularly important to seek the help of experienced attorneys who can guide you through the process and help to protect your rights.

This flowchart guides you through the eligibility requirements for U status. Each box represents a step you need to meet to qualify. Follow the arrows to see how each requirement connects to the next, ensuring you understand what is needed for your application.

Outline the Application Process for the Bona Fide Determination

In preparing this information and steps, my intent was to first give you tools for empowerment with a view to application for Bona Fide Determination in your interests.

  1. Gather Documentation for Bona Fide Determination Application: In applying for a Bona Fide Determination, the following documentation is required for a Bona Fide Determination Application for a Bona Fide Determination.
  2. Submit the Application: After assembling the required documents for the application for a Bona Fide Determination, submit the required documentation, forms, and evidence required as part of the application to USCIS. Make sure all of the submitted documentation, including the application forms and supporting documentation, are signed in accordance with USCIS’ requirements as well as the requirements set forth in the application for approval of the Bona Fide Determination application.
  3. Confirm receipt of your application: USCIS issues a receipt notice in response to your submittal. The receipt notice contains your case number enabling you to verify the status of your application.
  4. Background Check: While USCIS is conducting your background check, it is very important to us that you know this step of the process.
  5. U visa bona fide determination review: USCIS will review the submission for a bona fide determination to ensure that it has been completed in its entirety and that the necessary documentation has been provided to support the application. This review will also include the results of the background check conducted on the applicant. This review process is experiencing a long backlog and waiting period for the determination of the application and therefore it is important to be prepared for the mental and emotional process of the waiting period.
  6. U visa Bona Fide Determination approval decision: USCIS issues the Bona Fide Determination notice for the approved U visa applicants, so they can start working in the U.S. while waiting for the final approval of their U visa cases.

Understand the Rights During Emergent Situations: Individuals, including immigrants, detained by ICE have rights, including knowing why they have been detained and to counsel during detention. Subpoenas served in a criminal investigation can demand information concerning basis for issuance, as well as identify who is paying for their investigation and attorneys. Importantly, immigrants who are arrested for work authorization or immigration violations, as well as those charged with criminal offenses including DUI/DWI, Domestic Violence, or other crimes have rights, including to remain silent and to demand to speak with counsel. Vasquez Law Firm 24/7 Emergencies and support for others going through similar crisis, during which we provide support and give advice in similar crisis situations by following a list of steps in emergency cases and learning of rights.

This flowchart guides you through the steps of applying for a Bona Fide Determination. Start at the top and follow the arrows down to see what you need to do at each stage. Each box represents a key step, helping you understand the process clearly.

Explain Outcomes and Next Steps After the Bona Fide Determination

Here we go into the details of the Process of U Visa Bona Fide Determination (BFD) and what to expect after the decision has been made. As a U visa applicant, you can expect to go through several developments after you have been given a favorable bona fide determination. In this post, we explain what you can expect after U visa bona fide determination (BFD).

  1. You are in deferred action status: If you are a U visa applicant, you are in deferred action status. This means that you are protected from being deported while your U visa application is being processed.
  2. Employment Authorization Document (EAD): With the approval of the bona fide determination, the applicant will receive, within 2 to 8 weeks after approval, an Employment Authorization Document (EAD) that will permit him/her to work in the U.S. while his/her U application is pending. This document will be valid for 4 years.
  3. U visa bona fide. Awaiting Final Decision: U Visa applicants wait up to 10 years on the waiting list while the annual cap of 10,000 visas for individuals with U status is being filled. All applicants on the waiting list are eligible for a determination of eligibility for a U visa bona fide during the waiting period. Applicants on the waiting list are notified of updates in their case.

If the individual continues to meet the requirements for eligibility for a determination of eligibility for a U visa bona fide, then such determination of eligibility for a U visa bona fide will continue to be met by the applicant during the waiting period for a decision on the application for a U visa.

  1. A way to Permanent Residency: While you hold a U Nonimmigrant Status for three years, and still fulfill the requirements for the U Visa bona fide determination, you can then apply for a green card and begin the process for Permanent Residency.

Applicants can navigate their cases more effectively and anticipate future developments in their cases, armed with this information and continue to apply for U nonimmigrant status with confidence and clarity.

This flowchart shows the steps you can expect after receiving a favorable bona fide determination for your U visa. Each box represents a key outcome, and the arrows guide you through the process, helping you understand what comes next.

Conclusion

One of the processes that victims of crime can undergo while they search for safety is the Bona Fide Determination process for the U Visa application. This process is long, arduous and confusing for many of the victims. Yet it can also be a way to give power back to the victims to take back control of their lives after so much harm and trauma has been caused to them. Not only does the Bona Fide Determination for the U Visa application grant legal status to the applicants, but it also allows them to return to work while their application is being processed for Bona Fide Determination.

Understand the Immigrant Victims of Crime process. A person who applies for a U Visa needs to go through the Bona Fide Determination process, which we described in detail in this guide. Why? So that the process for looking for and finding safety can be empowered and as easy as possible. That’s the way that we intend for the immigrant victims of crimes process to work in general, and this guide describes the whole process and what to expect after applying for Bona Fide Determination for work while the rest of the U Visa application is under review.

Note that there is more to the U Visa process than filling out the required forms. The process can be a means of hope for families who are seeking a new beginning. Vasquez Law Firm can provide assistance with all matters related to the U Visa application process as well as with other immigration matters. Our bilingual staff and flexible payment options enable us to serve the needs of all individuals, regardless of language or economic constraints.

Frequently Asked Questions

What is the U Visa?

The U Visa is a type of visa designed to provide safety and support to victims of crimes, allowing them to receive assistance from law enforcement and protection from removal.

What is a Bona Fide Determination (BFD)?

A Bona Fide Determination (BFD) is an assessment made to evaluate whether a request for relief from removal is valid. A positive BFD allows the applicant to seek and obtain employment while their application is being reviewed.

What happens if a Bona Fide Determination is positive?

If a Bona Fide Determination is positive, the applicant is permitted to seek and obtain employment while their application for relief from removal is under review by the appropriate government agency.

How does the U Visa program support victims of crime?

The U Visa program supports victims of crime by providing them with legal status and protection from removal, enabling them to cooperate with law enforcement and access necessary resources.

How many U Visas are available annually?

As of 2026, there are 10,000 U Visa permits available each year.

List of Sources

  1. Define the U Visa and Bona Fide Determination
    • USCIS Updates Policy Manual on the Bona Fide Determination Process for Victims of Qualifying Crimes and EADs and Deferred Action for Certain Petitione (https://aila.org/infonet/uscis-updates-policy-manual-on-the-bona-fide)
    • Know Your Rights: U Visa Bona Fide Determination - National Immigrant Justice Center (https://immigrantjustice.org/for-immigrants/know-your-rights/u-visa-bona-fide-determination)
    • National Engagement - U Visa and Bona Fide Determination Process - Frequently Asked Questions | USCIS (https://uscis.gov/records/electronic-reading-room/national-engagement-u-visa-and-bona-fide-determination-process-frequently-asked-questions)
    • Rep. Roy Introduces the End U Visa Abuse Act (https://roy.house.gov/media/press-releases/rep-roy-introduces-end-u-visa-abuse-act)
  2. Identify Eligibility Requirements for the Bona Fide Determination
    • Victims of Criminal Activity: U Nonimmigrant Status | USCIS (https://uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status)
    • The U Visa Program (https://cis.org/Report/U-Visa-Program)
    • How U Visa Works and Who Qualifies in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/u-visa)
  3. Outline the Application Process for the Bona Fide Determination
    • U Visa Processing Times in 2026 and Employment Authorization (https://jkelleylawgroup.com/u-visa-processing-times-in-2026)
    • U Visa Processing Times: Benefits in 2026 & Bona Fide Status (https://elizabethrosariolaw.com/blog/u-visa-processing-times)
    • U Visa Processing Time 2026 (https://alonsoandalonsolaw.com/en/u-visa-processing-time)
  4. Explain Outcomes and Next Steps After the Bona Fide Determination
    • U Visa Processing Time 2026: BFD, Waitlist, EAD, and Mandamus Options | Gozel Law (https://gozellaw.com/blog/u-visa-mandamus-how-to-speed-up-your-delayed-uscis-case)
    • U Visa Processing Time 2026 (https://alonsoandalonsolaw.com/en/u-visa-processing-time)
    • U Visa Processing Times: Benefits in 2026 & Bona Fide Status (https://elizabethrosariolaw.com/blog/u-visa-processing-times)
    • Know Your Rights: U Visa Bona Fide Determination - National Immigrant Justice Center (https://immigrantjustice.org/for-immigrants/know-your-rights/u-visa-bona-fide-determination)
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