U.S. Citizenship and Immigration Services (USCIS) has been again criticized for lack of proper management of the U visa program by the Office of the Inspector General (OIG) of USCIS’ parent agency, the U.S. Department of Homeland Security (DHS). The OIG states USCIS appropriately recognized their issues with the U-visa program years ago but have not addressed them.

U-visas are offered for noncitizen crime victims who assist law enforcement. The issues cited by the OIG include a ballooning backlog and not catching fraudulent submissions. The OIG pointed out at least ten submissions that were approved, however, had suspicious certifications and fraudulent data. In addition, USCIS failed to review cases where suspected fraud was found, thereby unable to pursue possible prosecution.

In addition, OIG found USCIS failed to review the U-visa program to ensure it is achieving the goals as prescribed for the program, including tracking how many U visas are granted. The backlog issue persists, with over 270,000 pending petitions as of September 2020. As such, petitions submitted in 2021 will likely wait ten years or even longer.

Suggestions made to USCIS include improving the anti-fraud measures taken and improving data systems to track metrics accurately. The group also suggests USCIS consider some sort of immigration protections for eligible U-visa petitions as they wait for the case to be reviewed.

USCIS responded to the findings, stating efforts are already underway to improve the U visa program integrity. The backlog issues are already being addressed as well, stating that the backlog increase is due in part to increased filings and the statutory limit on available visas in any given year. However, in November 2021, USCIS admitted they had mistakenly rejected roughly 1,500 work permit applications filed by U visa holders as the individuals failed to submit payment or apply for a waiver, even though payment is not required. Individuals who were wrongfully denied were given the option to reapply without charge and the USCIS stated they will refund fees paid unnecessarily to appropriate applicants.

ILBSG continues to monitor ongoing findings in the immigration system. If you have questions about a U visa or any other immigration-related issue, contact us at ILBSG. We work with you to ensure you get the right advice.

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