I-918 Processing Time: What to Expect in 2024

In the context of United States immigration, the I-918 petition stands as a critical pathway for certain noncitizen victims of crime to seek temporary legal status and work eligibility.

Purpose of I-918

The I-918 form, also known as the Petition for U Nonimmigrant Status, serves a distinct purpose: it provides immigration relief for noncitizens who have suffered substantial mental or physical abuse as a result of being victims of certain criminal activities. It is designed to offer a means for these individuals to stay in the United States and assist law enforcement authorities with the investigation or prosecution of criminal activity. Successful petitioners are permitted to live and work in the U.S. for up to four years, with the possibility of applying for permanent residency (a Green Card) after three years.

Eligibility Criteria

To be eligible for U Nonimmigrant Status via Form I-918, applicants must satisfy specific criteria:

• The individual must have been a victim of qualifying criminal activity and possess information concerning that crime.
• The individual must have suffered substantial physical or mental abuse as a result of being a victim of these activities.
• The individual must be helpful, have been helpful, or is likely to be helpful in the investigation or prosecution of the crime.
• The criminal activity violated U.S. laws or occurred in the United States.

Additionally, applicants must provide a set of required evidence, which typically includes:

• Form I-918 Supplement B, which is a law enforcement certification confirming the applicant’s helpfulness in the investigation or prosecution of the crime, signed within six months prior to submission.
• A personal statement detailing the facts of the victimization.

Following submission, the applicant will be scheduled for a biometrics appointment where the following will occur:

• Fingerprinting: This is to conduct a background check.
• Photograph and Signature: These are taken to confirm the applicant’s identity.

The processing time for Form I-918, the Petition for U Nonimmigrant Status, can be extensive due to various influencing factors and the current trends observed by the United States Citizenship and Immigration Services (USCIS).

Factors Affecting Processing Times

Processing times for Form I-918 are influenced by multiple factors. Firstly, Form Category–the I-918 falls into the U Visa category, designed for victims of crime. Secondly, Field Office or Service Center Workload–the specific USCIS office handling the case can have varying workloads that impact processing speed. Lastly, Visa Availability–visas such as the U Visa have annual caps that can delay processing.

Current Trends

Recent data indicates that Processing Times for the U Visa (I-918) have elongated, with the USCIS indicating an approximate five-year wait before placement on a waitlist. As of the fiscal year beginning on October 1, 2023, , USCIS plans to resume approving principal petitions filed on or before July 31, 2016, prioritizing older petitions. This reflects a significant backlog and illustrates the slow current pace of adjudication.

When applying for U nonimmigrant status (U visa), applicants may encounter delays. Understanding common reasons for these delays and learning how to expedite a case is crucial for navigating the process effectively.

There are several factors that can contribute to the processing delays of an I-918 petition. Key among these is the annual visa cap. US Citizenship and Immigration Services (USCIS) has a statutory cap of 10,000 U visas per fiscal year, which often leads to a backlog. Another cause for delay can be incomplete applications or the need for additional evidence, which requires USCIS to issue a Request for Evidence (RFE), thus extending the processing time.

How to Expedite Your Case

To expedite an I-918 petition, an applicant should ensure all required documentation is included at the time of submission to avoid RFEs. The quality of evidence presented is also critical. Strong, well-organized evidence can facilitate a smoother review process. In exceptional circumstances, an applicant may request expedited processing by providing evidence of an emergency situation, severe financial loss, or other compelling reasons as defined by USCIS guidelines. It’s important to follow these guidelines strictly, as improper requests can lead to further delays.