A few days ago, during a Live video on my social media, I talked about a topic that could make the difference between staying in the United States or being deported: the Bona Fide Determination. Many of you have asked how this letter can help your immigration case, especially if you already have a deportation order.
Hi again, everyone! I am Attorney María Mendoza, your immigration law specialist. Today, I want to break down how this process works, what benefits it offers, and why it is a powerful protection, especially now, as Donald Trump’s administration continues to push aggressive deportation policies.
If you are looking for a legal and humanitarian option to stop deportation or fix your immigration status, keep reading.
What Is the Bona Fide Determination?
The Bona Fide Determination is an initial review conducted by U.S. Citizenship and Immigration Services (USCIS) to determine whether a T Visa or U Visa application meets the basic eligibility requirements. If it does, USCIS issues a Bona Fide Determination—a formal notice confirming that your case was submitted in good faith.
It is essential to note that this does not constitute approval of the visa itself, but it does offer significant benefits while the case is still pending.
You may also be interested in: How long does USCIS take for a bona fide determination in a T-Visa case?
Where Did This Process Come From?
The Bona Fide Determination policy was implemented to help U Visa applicants gain access to certain immigration benefits faster while their cases are under review. On August 28, 2024, USCIS expanded these protections to T Visa cases, recognizing how urgently trafficking survivors need protection and relief.
However, as I always say, every case is different. What works for one person may not work for another. That is why it is so important to consult with an immigration attorney before starting any process with USCIS.
Process to Get a Bona Fide Determination
Like any immigration procedure, obtaining a Bona Fide Determination involves time, patience, and expertise to comply with the following requirements:
1. Submit a complete T Visa application using Form I-914.
2. Include strong supporting evidence showing that you are or were a victim of human trafficking and that you cooperated (or are willing to collaborate) with law enforcement, if applicable.
3. USCIS will conduct a preliminary review of your case. If they find that the application is complete and submitted in good faith, they may issue the Bona Fide Determination letter.
Want to learn more? Read: How Does the T Visa Help Victims of Human Trafficking?
Benefits of a Bona Fide Determination
Although USCIS may take a few months to issue the letter, the waiting time is significantly shorter than waiting for full approval of a T Visa. Once the letter is issued, you may qualify for the following benefits:
1. Work Authorization:
You can work legally in the U.S. while your T Visa application is still pending.
2. Deferred Action:
You’ll receive temporary protection from deportation. This is a huge relief for people with active removal orders or complicated immigration histories.
3. Time to Strengthen Your Case:
While your application is under review, you’ll have more time to gather additional evidence or address other legal issues.
What Is Deferred Action?
Deferred action is a discretionary immigration decision that temporarily halts deportation proceedings against an individual. It does not grant legal status, but it allows:
-
Stay in the U.S., safe from being removed while your case is pending
-
Apply for a work permit
-
Gain a measure of stability as your case moves forward
It’s similar to the benefit offered under DACA (Deferred Action for Childhood Arrivals) for undocumented immigrants who arrived in the U.S. as children, also known as Dreamers. In this case, deferred action is granted based on a pending T Visa application with a Bona Fide Determination.
Who Can Qualify for Deferred Action?
You may be eligible if:
-
You have submitted a T Visa application
-
You have received a Bona Fide Determination letter from USCIS
-
You meet the legal and humanitarian eligibility criteria set by law
Why Would USCIS Deny a Bona Fide Determination?
USCIS may refuse to issue the letter if:
-
The application is incomplete or poorly prepared
-
There is not enough evidence of human trafficking
-
You did not cooperate with law enforcement when required
-
You have a serious criminal history without a valid legal explanation
-
USCIS suspects the case was fraudulently filed
This is why it is essential to work with an experienced immigration attorney from the beginning.
Find out more in this video: What happens if immigration denies my T-visa case?.
Final Thoughts: What If You Have a Deportation Order?
If you or someone you know has a deportation order, do not lose hope. Now more than ever, it is crucial to stay informed and understand the legal options that can provide genuine protection. The T Visa, combined with the Bona Fide Determination, can be the relief you need to build a future here in the United States.
Do you want to know if you qualify for the T Visa and Bona Fide Determination? Follow me on social media, where I explain legal strategies like this one and answer your questions. And don’t forget to schedule your free case evaluation today.
At The Mendoza Law Firm, we’re ready to help you take control of your immigration story.
¡La lucha sigue!
