What Factors May Lead USCIS to Determine a U Visa Application Does Not Qualify for Bona Fide Status?

In past articles we discussed the Bona Fide Determination (BFD) Process for U visa applicants and their qualifying family members. We advised that the BFD process allows USCIS as its discretion to grant U visa applicants and qualifying family members Deferred Action status and employment authorization document (EAD).

USCIS may choose not to exercise its discretion to grant bona fide status where a U visa applicant appears to pose a risk to national security or to public safety. The following categories of violent and dangerous crimes are adverse factors that may weight against a favorable exercise of discretion:

– National security concerns, which include but are not limited to:

• Engaging in any activity to oppose, control, or overthrow the Government of the United States by force, violence, or other unlawful means; and

– Public safety concerns, which include but are not limited to:

• Murder, rape, or sexual abuse;

• Offenses involving firearms, explosive materials or destructive devices;

• Offenses relating to slavery, involuntary servitude and trafficking in persons;

• Aggravated assault;

• An offence relating to child pornography, and

• Manufacturing, distributing, or selling of drugs or narcotics.

For additional questions on the BFD process, or any other immigration matter, please contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing us at azita@azitalaw.com or calling us at (312) 641-0771.