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What Factors May Lead USCIS To Determine A U Visa Application Does Not Qualify For Bona Fide Status?

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.

Azita M. Mojarad

Azita M. Mojarad is the founder of the Law Offices of Azita M. Mojarad, P.C. For over 20 years, she has helped thousands of clients with immigration, divorce, criminal defense, and business law matters in Chicago and the greater Illinois area. She holds a J.D. from Loyola University Chicago School of Law and an M.B.A. from North Park University. Azita is AV Preeminent Rated by Martindale-Hubbell and recognized as a Leading Lawyer in Immigration and Divorce by the Leading Lawyers Network since 2012.

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