As delays mount for immigrant victims to get visas, NC advocates join federal lawsuits

Three North Carolina organizations have joined federal lawsuits that could provide relief for immigrant victims of crime following a backlog of visa applications.

More than 150 immigrant victims of crime are being represented by the Charlotte Center for Legal Advocacy, the North Carolina Justice Center and the Legal Aid of North Carolina in two lawsuits filed in January and February against the U.S. Citizenship and Immigration Services.

The agency is responsible for U visa applications for immigrant victims of crime, but protracted delays have left thousands without the protections they would typically be afforded, advocates say.

“Right now we are seeing action on cases filed five years ago,” said Anna Cushman, attorney with the Battered Immigrant Project at Legal Aid of North Carolina. “It appears it’s going to get worse.”

First launched in 2000, Congress established the U visa program for non-citizens who were victims of crimes such as trafficking, domestic violence and sexual assault. Over 171,000 applications were pending as of last year, according to U.S. Citizenship and Immigration Services.

Representatives from the agency declined to comment to The Charlotte Observer about the lawsuits.

Only 10,000 people can qualify annually for a U visa, Cushman said. The program allows victims who are cooperative with law enforcement to stay in the country. Extended delays could place victims in danger.

The litigation argues the delays violate the Administrative Procedure Act.

Without a U visa, domestic violence survivors who are immigrants and cooperating with police would be left without a pathway to a permanent residence, Cushman said. The delays also impact victims’ ability to work as they await work permits, she added.

“It’s more stark the suffering, the isolation, the vulnerability that will continue when you have a cooperative victim who doesn’t have the work permit they need,” Cushman said.

Sharon Dove, Immigrant Justice Program Director at the Charlotte Center for Legal Advocacy, said when she first started assisting applicants in 2009, her clients received decisions in six months. But now it could take five years for clients just to get a work permit, only one of the steps in the process.

Dove said the lawsuit would not be able to lift the cap on applications processed annually. But it could address the timeliness of what’s called a bona fide determination. In 2021, the Biden administration started the process to allow qualifying victims to receive employment authorization and deferred action as they await a decision for their U visa.

“There was some hope that these claims would result in quicker work permits for applicants,” Dove said. “But that hasn’t turned out to be the case.”

‘We brought this to their backyard.’

Earlier this year, the two lawsuits were filed in Nebraska and Vermont. These states have the only two USCIS centers where applications are processed. A decision in either state could pave the way for future lawsuits for U visa applicants, Cushman said.

“We brought this to their backyard,” Cushman said, adding a win could push government to change its behavior.

A court decision could also help immigrant victims as they face the risk of deportation, according to Dove.

“We’ve had a number of our clients receive removal orders while waiting for the adjudication for their u visa by US Citizenship and Immigration services,” Dove said.

The advocacy center filed appeals for their clients, she said. But those without legal representation will not be as fortunate.

“Your hands are tied and there’s nothing you can do to speed up the adjudication of your U visa,” Dove said. “And the immigration courts are interested in seeing the regular processing of their cases.”

Cushman said as immigrant victims already face an incredible amount of trauma, being afforded the protections they rightfully deserve is important. The U visa can provide them protection and even give validation, she said.

“Having this tool in their hand confirms that we all recognize they have been through an incredible ordeal and our country is here to support them through this next chapter,” Cushman said.