U.S. immigration law provides certain protections and immigration options for individuals who have experienced abuse, crime victimization, human trafficking, persecution, or other circumstances recognized under U.S. immigration law.
The requirements and benefits vary significantly depending on the immigration category and the individual's circumstances. Humanitarian immigration options may include:
- VAWA Self-Petitions: Certain spouses, children, and parents of U.S. citizens, as well as certain spouses and children of lawful permanent residents, who have experienced battery or extreme cruelty may be able to pursue immigration relief without relying on the abusive family member to petition for them. Despite its name, protections under the Violence Against Women Act (VAWA) are available to eligible individuals of any gender.
- U Visas: U nonimmigrant status may be available to certain victims of qualifying crimes who have suffered substantial physical or mental abuse and have been, are being, or are likely to be helpful to law enforcement or other qualifying authorities. The process generally requires certification from a qualifying law enforcement agency or other authorized entity.
- T Visas: T nonimmigrant status may be available to certain victims of severe forms of human trafficking. Eligibility depends on the circumstances of the trafficking and other requirements applicable to the individual.
- Special Immigrant Juvenile Status (SIJS): SIJS may provide an immigration option for certain children in the United States who have been abused, neglected, abandoned, or subjected to a similar basis under state law by one or both parents. These cases generally involve both state court proceedings and immigration proceedings with USCIS.
- Temporary Protected Status (TPS): TPS may provide temporary protection from removal and employment authorization to eligible nationals of countries designated for protection because of certain conditions in the country.
- Humanitarian Parole: Humanitarian parole may provide temporary permission to enter or remain in the United States in limited circumstances involving urgent humanitarian reasons or significant public benefit.
- Deferred Action for Childhood Arrivals (DACA): DACA provides certain individuals who came to the United States as children with a temporary period of deferred action and eligibility for employment authorization. Eligibility generally requires that the individual came to the United States before age 16, has continuously resided in the United States since June 15, 2007, was physically present in the United States on June 15, 2012, and meets additional age, immigration status, education or military service, and criminal history requirements. DACA does not provide lawful immigration status or, by itself, a path to permanent residence or U.S. citizenship. The availability of DACA, including initial and renewal requests, is subject to ongoing legal and policy developments.
- Asylum: Asylum may be available to individuals who have suffered past persecution or have a well-founded fear of future persecution in their home country because of their race, religion, nationality, political opinion, or membership in a particular social group. Applicants generally must be physically present in the United States and must file for asylum within one year of their last arrival, although certain exceptions to the one-year filing deadline may apply. Eligibility depends on the individual's circumstances and the applicable asylum law.
The availability and requirements of humanitarian immigration options may change based on federal law, policy, litigation, and, for some programs, country-specific designations. An individual's immigration history and other circumstances may also affect eligibility.
Contact Us to discuss your humanitarian immigration matter and how we may be able to help.