Work Permits – USCIS provided guidance on employment authorization for applicants who have U nonimmigrant status applications (“U visa”) pending. USCIS will conduct an initial review of the application and will issue employment authorization documents and deferred action for 4 years to applicants and their family members if USCIS finds their application is “bona fide” (meaning it’s properly filed with all the initial evidence). USCIS will contact applicants who have U visas pending if they are eligible for employment authorization. Please be mindful that until USCIS contacts you, you should not directly file for work authorization simply because your application is pending. Stay tuned for more updates as USCIS provides more processing information about this wonderful and very much needed protection for survivors of crime.
After Acquired Spouses – Based upon recent case law changes, USCIS will also now allow U and T visa applicants who get married while their U/T visa application is pending to apply for derivative U/T visa status for their spouses.
The Attorneys at Antonini and Cohen Immigration have decades of experience supporting survivors and are so thrilled at this news. Please call us at (404) 850-9394 or visit us online. We’ll be happy to look at it and tell you whether you qualify for an appeal or a motion to reopen.
At Antonini & Cohen, we have been providing energetic, effective and aggressive representation in all areas of American immigration law since 1991.