Crime victims who cooperate with police can qualify for U nonimmigrant status. For those already in removal proceedings, timing has become critical. The Board's October 2026 precedent Matter of L. Ramirez ended the presumption that Immigration Judges should pause a case while USCIS decides a U visa petition. That shifts attention to what USCIS has done with the petition, and to whether federal court can make it act.
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Why the wait is so long
The statute caps U visas for principal petitioners at 10,000 a year. Demand is far higher, so eligible petitioners wait years. The regulations at 8 C.F.R. § 214.14 provide for a waiting list for eligible petitioners who cannot receive a visa because of the cap, with deferred action and the possibility of employment authorization while they wait. In L. Ramirez the Board noted that petitioners now wait many years, even decades, for a visa, and treated that wait as a reason not to continue removal proceedings.
Bona fide determinations
USCIS also has a bona fide determination process, described in the USCIS Policy Manual, Volume 3, Part C, Chapter 5. Under that process, USCIS reviews whether a pending petition is bona fide and, for those that are, may grant employment authorization and deferred action before the full review. A bona fide determination or waiting-list placement gives a respondent concrete evidence of USCIS action to present in court.
What federal court can and cannot do
A mandamus or Administrative Procedure Act suit asks a federal court to order an agency to act on a duty it has unreasonably delayed. Courts weigh the length of the delay and the agency's reasons, often using the factors explained in the TRAC factors. A court can order USCIS to make a decision; it cannot order USCIS to approve the petition, and it cannot create visas beyond the statutory cap. Results differ by court and by the step being requested. Many humanitarian filings are processed at USCIS's HART Service Center; HART Service Center delays explains what applicants there have faced, and a U visa mandamus case study shows one litigated example.
Protecting against removal in the meantime
Filing a U visa petition does not by itself stop removal. A stay can be requested from ICE on Form I-246; see how Form I-246 works. In court, a continuance request should show diligence, a defined time period and concrete progress at USCIS, as the Board's balancing test requires; see our article on L. Ramirez.
Practical steps
- File the Form I-918 with a signed certification as early as possible; see our Supplement B guide.
- Document every USCIS step: receipt, bona fide determination, waiting-list placement and any request for evidence.
- Calculate how long the petition has been pending relative to similar cases before considering litigation.
- Coordinate removal defense and federal litigation so that one does not undercut the other.
- Read how a mandamus complaint is built and how delays are measured against the regulations.
Related Guides on This Site
See also What Happens If My Mandamus is Denied. See also The Arrest to Deportation Pipeline Why Mandamus May Be the Only Escape. See also ICE Deputized Officers What Rights Do You Have and How Can Mandamus Help.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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