The U visa offers a path to safety. It is a crucial lifeline for noncitizens who are crime victims. They can eventually get a Green Card. First, a victim must obtain U nonimmigrant status, a key step before they can pursue U Visa Adjustment of Status to become a permanent resident. They do this by proving they suffered abuse from a qualifying crime and were helpful to law enforcement. To begin this, they file Form I-918.

After holding U nonimmigrant status for at least three years, the U visa holder and their qualifying family can apply for a Green Card through the Adjustment of Status process. The application for this is Form I-485.

Responding to a Request for Evidence (RFE) is an important part of the process for U Visa Adjustment of Status. An RFE is a notice from USCIS. It tells the applicant that USCIS needs more documentation for a decision. A late response to an RFE can typically lead to a denial. USCIS expects applicants to provide all evidence by a specific deadline. When an applicant misses that deadline, USCIS can make a decision based on the incomplete record.

However, the U visa program has unique circumstances. A late RFE response might still lead to a positive outcome. USCIS has discretion to be flexible in humanitarian cases, which is especially true for vulnerable individuals going through the Adjustment of Status from a U Visa. The adjudicating officer may have considered the applicant’s trauma and other difficulties. The approval, even with a late response, shows this. It proves that the evidence, though late, was convincing enough. The humanitarian nature of the case outweighed the procedural error. This case serves as a positive example of the flexibility that can exist within the U visa program.