Immigration

If you file an application for a T visa after August 28, 2024, your application will automatically go through a new process called the bona fide determination process. If you filed before August 28, 2024, your application might go through this process, but only if:

1. your application is still pending on August 28, 2024; and
2. USCIS sends you a letter requesting more evidence to decide your application.¹

In short, the bona fide determination process is a mini or surface-level evaluation of your application where a USCIS agent will:

• look at what you filed to make sure it is not fraudulent;
• confirm that you are not missing any required application parts; and
• run a background check to review your criminal history.²

If USCIS gives you a positive bona fide determination, it will issue you deferred action, which is a temporary protection against being put into removal proceedings. It can also issue you a work permit if you request one under filing category (c)(40).³ If you were already ordered removed (deported) by an immigration judge, then a positive bona fide determination will also automatically prevent your actual physical deportation until a final decision is made on your T visa application.⁴

If you receive a positive bona fide determination, then any family members that you included as derivatives on your application will also have their applications go through the process for their own consideration.⁵ However, only derivatives who are in the U.S. can receive a bona fide determination.

¹ 8 CFR 214.204(m); 8 CFR 214.205
² 8 CFR 214.205(a)(2)
³ 8 CFR 274a.12(c)(40)
⁴ 8 CFR 214.205(b)(2)(iii)
⁵ 8 CFR 214.205(b)