A: Congress determined that USCIS may grant no more than 10,000 U-1 Nonimmigrant visas in any given fiscal year (October 1 – September 30), this does not apply to derivative family members who are accompanying or following to join the principal foreign national victim.
When the cap is reached, as it has been in the past 3 years, USCIS creates a waiting list that will provide a mechanism by which victims cooperating with law enforcement agencies can stabilize their immigration status. Further, U Nonimmigrant Visa applications assigned to this waiting list will be given deferred action or parole while they are on the waiting list. This means they will be eligible to apply for employment authorization or travel until their petitions can be adjudicated after the start of the following fiscal year.
To learn more about U Visas for victims of crimes and how our experienced Los Angeles immigration attorneys can help you, please visit our website.