Humanitarian Visa immigration
Immigrants to the United States deserve to feel safe and respected. As attorneys committed to helping immigrants start a new life in a country of opportunity, we believe you are entitled to the same basic safety rights as anyone else. We are here to protect you.
A humanitarian visa is granted to an immigrant who is seeking entry to the U.S. under direct threat of abuse at home. These are temporary visas offered to individuals who are suffering from ongoing threats in their home country.
Eligibility
You may be eligible for a humanitarian visa if you are experiencing the following threats in your home country and they are not being addressed properly:
- Domestic abuse (from a spouse, parent, or child)
- Violence
- Natural disasters
- Serious medical conditions
U-Visas
Your family may be eligible to apply for a U-Visa if you or your child are victims of a serious crime taking place in the United States. The primary requirements for a U-Visa are as follows:
- You must report the crime to U.S. law enforcement
- You must fully cooperate with U.S. law enforcement (for example, providing helpful information)
Recipients of U-Visas are granted temporary work authorization for a maximum of four years. After this period, you may apply for a green card (lawful permanent residence).
Violence Against Women Act (VAWA)
Immigrants suffering from abuse at the hands of a spouse, parent, or child, may apply for a humanitarian visa under the Violence Against Women Act. Keep in mind, men and women are eligible to apply.
If one of the following situations arise, you may be eligible for a humanitarian visa under VAWA:
- You are suffering abuse from a U.S. government employee
- You are suffering abuse from a uniformed service member
- You are experiencing extreme cruelty in the U.S.
Special Immigrant Juveniles (SIJ)
If an immigrant requires juvenile court protection due to parent neglect, abandonment, or abuse, they may be able to file for a Special Immigrant Juvenile classification. This classification may lead to a lawful permanent residency.
Deferred Action for Childhood Arrivals (DACA)
If you are an immigrant who entered the United States without proper documentation or have overstayed your visa, DACA works in your favor.
DACA protects certain immigrants from deportation for a two-year period (this may be renewed indefinitely). To qualify for DACA you must:
- Had been no older than 31 years old as of June 15, 2012
- Had been younger than 16 years old when you entered the United States
- Have lived continuously in the U.S. since June 15, 2007
- Be enrolled in school, have already graduated, or have been honorably discharged from the U.S. military
- Not have been convicted of any U.S. felony or significant misdemeanor
As of 2018, DACA applications will only be accepted for renewals, not new applications. This means that you are now only eligible for DACA if you had previously received it.
Temporary Protected Status (TPS)
If you are from a country experiencing an environmental disaster or armed conflict, you may be entitled to Temporary Protected Status. Immigrants protected under TPS are given a work permit and protected from deportation for a certain period of time (6, 12, or 18 months).
Within 60 days of a TPS expiration, the Secretary of Homeland Security may extend the TPS dependent on the current conditions of your home country.
These countries currently fall under Temporary Protected Status:
- El Salvador – Expires January 4th, 2021
- Haiti – Expires January 4th, 2021
- Honduras – Expires January 4th, 2021
- Liberia – Expires March 30th, 2020
- Nepal – Expires January 4th, 2021
- Nicaragua – Expires January 4th, 2021
- Somalia – Expires March 17th, 2020
- South Sudan – Expires November 2nd, 2020
- Sudan – Expires January 4th, 2021
- Syria – Expires March 31st, 2021
- Yemen – Expires March 3rd, 2020
Keep in mind, these are subject to change. Check the USCIS website to stay up to date.