Under US immigration laws you are eligible for different forms of humanitarian relief. Humanitarian based relief provides protection to those affected by a variety of issues. If you have been affected by one of the below issues, our Firm can help you.
Asylum and Withholding of Removal: You can apply for asylum and withholding of removal within the United States if you have been persecuted in your home country. The persecution has to be on the basis of race, religion, nationality, membership in a particular social group and political opinion. If you successfully prepare, file and present your case to USCIS, you will be granted asylee status and can remain in the United States. After maintaining asylee status for 1 year, you are eligible to file for adjustment of status. Spouses and children under the age of 21 can also be included in your asylum application. If you are unable to convince USCIS of your claim and your case is denied, you can present your case again in front of an immigration judge.
Violence Against Women’s Act (“VAWA”): If you are the spouse of a US citizen or legal permanent resident, and you are experiencing marital problems including domestic violence, financial and or emotional abuse, you are eligible to seek protection under VAWA. Parents of adult (over 21 years old) US citizens can also qualify for protection under VAWA based on abuse including physical, financial and/or emotional abuse by their US citizen child. You may qualify for VAWA even if you entered the US without inspection and/or have a removal/deportation order.
Special Immigrant Juvenile Status (SIJS): Children under the age of 21 who have been abused, neglected, or abandoned by one or both parents are eligible to obtain SIJS status. SIJS status leads to legal permanent resident status (green card). There are two main steps in becoming successful in your SIJS case. The first step is convincing a family court judge to declare the minor’s eligibility for SIJS by issuing an order in a custody, guardianship or similar proceeding. The second step is to apply to USCIS for SIJS after successfully completing the first step successfully.
U Visa: The U visa allows victims of certain crimes to live and work in the US lawfully. You are eligible for a U visa if you are a victim of a qualifying crime that occurred in the United States and you suffered physical and mental abuse as a result of the crime. The victim of the crime should also have reliable information regarding the crime and assist the police in prosecuting the crime. Both direct as well as indirect victims may qualify for a U visa. Additionally, for victims under the age of 21, parents and siblings under the age of 18 years as well as a spouse and children also qualify.
T Visa: A T visa is available to an individual who can show that he/she is a survivor of a severe form of trafficking or attempted trafficking, physically present in the US or at a port of entry (i.e. border) on account of the trafficking and has remained in the US since the most recent trafficking act. The individual must have complied with any reasonable request for assistance in investigating or prosecuting the trafficking and is at risk of suffering extreme hardship upon removal from the US. T visa is one of the most generous immigration benefits; however, many applications are denied because the applicant make simple missteps in the process such as not providing sufficient information, could not document that they meet all the requirements and/or not completing the forms correctly. Working with an attorney can help you avoid these mistakes.
While these are the most common forms of humanitarian relief, consulting with an experienced attorney can help determine your eligibility for these and/or other forms of relief.