What you get while your U visa is pending or approved

This page is general information, not legal advice. DNLH is not a law office. Ask a lawyer or DOJ accredited representative about your own case.

What happens after I file?

A U visa case moves in stages. Each stage gives you something different.

1. Receipt notice. USCIS mails a receipt (Form I-797C). This proves you filed. It does not give you status or a work permit.
2. Fingerprints. USCIS schedules a biometrics appointment for fingerprints and a photo.
3. Bona fide determination (BFD). USCIS checks whether your petition is complete and genuine. If it passes, you can get deferred action and a work permit.
4. Waiting list. If USCIS finds you eligible but the yearly limit of 10,000 U visas is used up, you go on a waiting list in filing order (8 CFR 214.14(d)(2)).
5. Approval. You get U status for up to 4 years and a work permit.
6. Green card. After 3 years in U status, you can apply to become a permanent resident.

The wait from filing to approval is long. Plan for years, not months.

Can I work while my U visa is pending?

Yes, once USCIS gives you a bona fide determination or puts you on the waiting list. Not before.

Federal law lets USCIS give a work permit to anyone with a "pending, bona fide" U petition (8 U.S.C. 1184(p)(6)). The USCIS Policy Manual says your petition counts as bona fide when:

• Your Form I-918 is properly filed and complete
• It includes a police or prosecutor certification (Supplement B) signed within 6 months before you filed
• It includes your personal statement about what happened
• Your fingerprint background checks are back

USCIS still looks at public safety and other risks before it issues the work permit.

What you get with a BFD: deferred action and a work permit, both good for 4 years. Principals file Form I-765 under categories (a)(19) and (c)(14). Family members file under (a)(20) and (c)(14).

Do I need to file a separate I-765? USCIS recommends sending Form I-765 with your I-918. If you did, USCIS uses it. If you did not, file one after you get the BFD notice. There is no fee for this first work permit (USCIS I-918 page).

If USCIS does not give you a BFD, it sends a notice and moves your case to full waiting list review. You cannot appeal that step. If you are later placed on the waiting list, you can still get deferred action and work permission there (8 CFR 214.14(d)(2)).

If you are outside the U.S., there is no BFD work permit or deferred action. Your case goes straight to waiting list review.

Does a pending U visa stop deportation?

Not by itself. This is the hard part, and we want you to know it plainly.

• Before a BFD or waiting list decision, a pending petition does not stop ICE. A filing alone does not give you deferred action.
• ICE policy changed in 2025. ICE's interim guidance 11005.4 says people with pending or approved U, T or VAWA cases "may be subject to civil immigration enforcement." Officers must consult ICE lawyers first when they know about the case.
• A denial can lead to court. A February 2025 USCIS memo says USCIS will issue a Notice to Appear after a denial when the person is not lawfully present.
• Deferred action is not status. It is a decision to put off removal for a time. It can end.

USCIS also changed its general deferred action policy in May 2026. Ask your lawyer if it has changed BFD practice for you. For the full risk picture, see Is it safe to apply for a U visa right now?

What do I get once my U visa is approved?

• Legal status. U status lasts up to 4 years. It can be extended if police or prosecutors certify you are still needed, in exceptional circumstances, or while a green card application is pending (8 U.S.C. 1184(p)(6)).
• An automatic work permit. Approved principals are allowed to work because of their status. USCIS automatically issues the first work permit (8 CFR 214.14(c)(7)).
• Family members. Approved family members in the U.S. are also allowed to work. Family members abroad file Form I-765 only after they enter the U.S. in U status.
• A path to a green card after 3 years.
• Free forms. People seeking or holding U status are exempt from USCIS fees for the travel document (I-131), work permit (I-765), waiver (I-192), green card (I-485) and family petition (I-929), among others (8 CFR 106.3(b)(5)).

Can I get help with food, cash or health care while I wait?

In California, possibly yes. The state's Trafficking and Crime Victims Assistance Program (TCVAP) offers cash aid, food benefits, medical help and job services to eligible noncitizen victims of trafficking, domestic violence and other serious crimes. For a U visa case, CDSS lists any one of these as proof: a copy of your U visa application, your receipt notice, or your work permit. Apply at your county social services office or on BenefitsCal.

Other states run their own programs. Ask a local victim advocate.

Health care rules for many immigrants in California change in 2027. See Medi-Cal for adults in 2026 before you assume anything.

College: U visa holders can use California's in-state tuition law (AB 540), and U visa students can apply for the CA Dream Act (CSAC). U visa holders are not eligible for federal student aid. See Paying for college.

Can I travel outside the U.S.?

Talk to a lawyer first. Every time.

• While pending: leaving can hurt your case or leave you stuck outside. Do not travel without a written OK from your lawyer.
• After approval: you can ask for permission to return on Form I-131, with no fee for U cases. But long trips can break the 3 years of continuous presence you need for a green card. A single trip over 90 days, or more than 180 days in total, needs a certification from the agency that signed your Supplement B saying the trips were needed or justified (8 CFR 245.24(a)(1)).

See Advance Parole: who can get it and how to apply.

When can I apply for a green card?

After at least 3 years of continuous physical presence since you were admitted in U status, you can file Form I-485 (8 CFR 245.24). You must still hold U status when you apply. You must also not have unreasonably refused to help police or prosecutors.

If close family members never had U status, you can file Form I-929 for them with or after your I-485. You must show that you or they would suffer extreme hardship if they could not stay or join you.

What should I do while I wait?

• Keep every notice. Receipts, biometrics notices, BFD letters, waiting list letters and work permits.
• Update your address the right way. USCIS has a special change of address process for VAWA, T and U cases (USCIS). Tell your lawyer first.
• Renew on time. Mark your work permit end date. Ask your lawyer about renewal about 6 months ahead.
• Stay out of trouble. A new arrest can delay or hurt your case.
• Keep helping police if they ask. Unreasonably refusing to help can block your green card later.
• Make a family plan. See Make a family preparedness plan.

While you wait checklist

Questions people ask

Can I get a Social Security number with my work permit? Ask the Social Security office near you. A valid work permit is the usual starting point.

My work permit expired and my case is still pending. Can I keep working? Not on an expired card unless USCIS has extended it. Talk to your lawyer and your employer right away. See How to get or renew a work permit.

Does a BFD mean my U visa is approved? No. It means USCIS found your petition complete and genuine enough for interim protection. The full decision comes later.

Can my children work too? Family members can get BFD work permits only after the principal gets a BFD, and only if their own Supplement A meets the rules.

Who can help?

Anywhere in the U.S.:

• Free or low cost legal help: the DOJ list of free legal service providers, by state, and the DOJ roster of recognized organizations and accredited representatives.
• National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788. 24/7.

Bay Area (San Mateo and Santa Clara counties):

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, 1861 Bay Road. Walk in Monday to Friday, 9 a.m. to 1 p.m. For low income residents of San Mateo and Santa Clara counties.
• Bay Area Legal Aid: advice line 1-800-551-5554. U visas, T visas and VAWA for survivors.
• Legal Aid Society of San Mateo County, LIBRE program: (650) 517-8936 for attorney appointments. Limited help with U visas and VAWA.
• Tahirih Justice Center, Bay Area: 650-270-2100. Free help for immigrant women and girls fleeing violence.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service. More options: Free legal help in the Bay Area.

If you are in danger right now, call 911.

Waiting is hard, and it is not nothing. Every notice you get moves you one step closer. Keep your papers safe and your lawyer close.