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Humanitarian Visa Attorney Helping Those Seeking Refuge in the United States
For many individuals seeking legal immigration status in the United States, the decision is driven by the dire prospect of facing harm or even death in their home countries. The U.S. offers various visas for those pursuing entry or residency for humanitarian reasons. However, navigating immigration rules and procedures can be challenging under normal circumstances, let alone during a crisis.
The legal experts at Delgado Avalos Law Firm are here to guide you through understanding available humanitarian visas and determining the best choice based on your unique circumstances. Contact us today to speak with a skilled immigration attorney and start your journey.
What Is Humanitarian Parole?
Humanitarian parole serves individuals with urgent humanitarian needs, enabling expedited entry into the U.S. This temporary option is available for those who might otherwise be inadmissible. Qualification for humanitarian parole hinges on a “compelling emergency.” However, if your situation doesn’t meet this requirement, alternative visa options may be more suitable. It’s advisable to consult with an immigration attorney to assess your choices before proceeding, as specific criteria must be met.
Note: Humanitarian visas and humanitarian parole differ but can be employed concurrently. For instance, while applying for humanitarian parole to stay in the U.S., you can simultaneously explore legal status through a humanitarian visa.
What Are the Options for Humanitarian Visas?
The United States offers those who are seeking relief from persecution or abuse several options. Below, you can find a list of common humanitarian visa options and a brief explanation of who they are for so you can determine which one might match your situation:
- Refugee status: Those who are currently still overseas who are facing persecution may be able to apply for refugee status and be able to come to the United States.
- Asylee status: This visa option is for those who have experienced persecution but are already within the United States when they apply for legal status.
- T visa: The T visa grants human trafficking victims nonimmigrant status. This visa requires that you are a victim of either sex or labor trafficking and that you are willing to cooperate with the authorities in providing information about the crime and the perpetrators.
- U visas: These visas are for victims of crimes that violate U.S. laws, whether committed in the United States or elsewhere. Those applying for a U visa must show that they are the victim of a qualifying crime and are willing and able to cooperate with law enforcement.
- VAWA: The Violence Against Women Act allows women who are being abused by their spouses to self-petition for a Green Card without having to be sponsored by their spouse.
Special Immigrant Juvenile Status: Immigrant children who are being abused or neglected or have been abandoned by their parents and who have a juvenile court order terminating parental custody may be able to apply for status.
Additionally, the U.S. provides special programs for immigrants affected by natural disasters, offering expedited processing and extended deadlines for various paperwork. Each visa category has specific criteria, and discussing your situation and goals with an immigration attorney can help identify the best option for you.
How Do You Apply for a Humanitarian Visa?
To apply for a humanitarian visa, you will need to file the appropriate form for that visa with the U.S. Citizenship and Immigration Services office. Each visa has its own qualification requirements and necessary paperwork, so be sure to review your application with an attorney before submitting it to ensure you have the best possible chance of acceptance.
If you’re applying for humanitarian parole, you will need to file the Application for Travel Document (Form I-131) and Affidavit of Support (Form I-134). You may also need to provide supporting documentation and pay any applicable filing fees. In some cases, humanitarian parole may also require a biometrics appointment or interview with an immigration official before a decision can be made.
Can You Appeal a Denial?
While some immigration pathways allow for appeals or hearings after denial, this isn’t common for humanitarian visas. In most cases, a denial is final. However, you may explore alternative visa options if one type is denied. For example, if a T visa application is denied due to ineligibility, applying for a U visa as a crime victim might be an option. Consulting an experienced immigration attorney upon receiving a denial notice can shed light on potential alternatives.
In situations of denial or uncertainty, seek professional assistance to review the notice and explore potential avenues forward.
If you need help with a humanitarian visa — whether you’re submitting your initial application or dealing with a notice of denial — Delgado Avalos Law Firm is here for you. Call our office at 805-793-0647 to be connected with a member of our legal team who can determine your situation and let you know how an immigration attorney can help.
