The proposed class action represents approximately 170,000 individuals applying for green cards through a visa program designed for crime victims who assist law enforcement with investigations.
In response to a surge in applications exceeding visa availability, USCIS announced in 2021 that it would grant discretionary work permits and removal relief to individuals with “bona fide” petitions. Yet, noncitizens have reported waiting years for these determinations, despite their potential to be resolved within minutes. The delays have left many without work authorization or deportation protection and, in some cases, dependent on abusive partners.
Although USCIS has the authority to establish, modify, or eliminate its bona fide determination process, the court can intervene if delays become unreasonable, Judge McMillion noted. She ordered the federal government to respond to the complaint by January 23.
“USCIS’ delays affect noncitizens every day, especially in the context of certain crime victims waiting on the adjudication of their U visa cases, which often takes five years or longer for a preliminary adjudication,” said Meredith Luneack, a staff attorney with the Michigan Immigrant Rights Center.
