Fiancee Visa

For the first time since it began issuing U visas in 2008, the U.S. Citizenship and Immigration Services (USCIS) announced that it approved 10,000 petitions for fiscal year 2010.  The U visa program was created to provide immigration protection for victims of crime.  According to USCIS Director Alejandro Mayorkas, USCIS, through the U visa, “is able to provide crime victims with critical immigration protection, allowing law enforcement officials to protect victims and bring the perpetrators of crimes to justice.” 

October 2, 2010 is the first day of fiscal year 2011 and USCIS will resume issuing U visas then.  USCIS will continue to accept new U visa petitions and those petitioners who are conditionally approved will be placed on a waiting list.  These individuals as well as their qualifying family members will be able to remain in the U.S. legally under deferred action and will be eligible for work authorization by submitting Form I-765.  Such protection also extends to those conditionally approved petitioners or qualifying family members who are in removal proceedings or have a final order of removal.  USCIS will issue a Notice of
Conditional Approval of U visa non-immigrant status and will place the case under deferred action.  The annual cap of 10,000 established by Congress applies only to principal petitioners.  Because family members’ petitions are dependent on the principal’s petition, family members will also be placed on the waiting list.  These family members will receive their U visas when the principal receives theirs.

The U visa was born out of legislation, the Victims of Trafficking and Violence Protection Act, which is intended to provide law enforcement agencies with power to investigate and prosecute cases of human trafficking, domestic violence, sexual assault and other crimes while also providing protection to the victims of those crimes.  U visas are intended for victims who: 1) have suffered substantial mental or physical abuse as a result of the criminal activity AND 2) are willing to help law enforcement in the investigation or prosecution of the crime.