Santa Ana Asylum Lawyer
Humanitarian Immigration Law
In addition to our experience in employment-based and family-based immigration cases, U.S. Immigration Law Group, LLP can assist individuals in obtaining temporary status or permanent residence in the U.S. through humanitarian immigration options. Humanitarian visas are designed to provide protection to those facing emergency situations.
Humanitarian Visa Options USA
There are several circumstances that could potentially allow an individual to obtain a humanitarian visa. Some examples of people who are given this type of visa include those needing immediate aid due to a natural disaster, those needing protection from a foreign government, and individuals who require emergency medical help. Refugees, asylum seekers, and victims of human trafficking and other serious crimes may qualify for humanitarian relief. A brief description of the most common opportunities is briefly described for your convenience below.
Deferred Action for Young Adults (DACA)
Deferred action is not lawful status or amnesty. It is not a pathway to permanent residency, and it does not pardon immigration violations. Deferred action protects an individual from deportation, prevents the accumulation of unlawful presence, and entitles individuals who can demonstrate economic necessity to work authorization.
If you believe you or someone you know might qualify for one of these programs, please contact U.S. Immigration Law Group, LLP today.
Legal Permanent Residence through the Violence Against Women’s Act
As a battered spouse, child, or parent of a U.S. citizen or lawful permanent resident, you may file an immigrant visa petition under the Violence Against Women Act (VAWA). VAWA allows certain spouses, children, and parents of U.S. citizens and permanent residents (green card holders) to file a petition without the abuser’s assistance. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.
T Visa (Anti-Trafficking)
Persons brought to the U.S. involuntarily or through deception for the purposes of involuntary servitude or prostitution, are physically present in the U.S. due to trafficking, and are under 15 years of age, may be eligible for a T visa. A person who has complied with any federal law enforcement agency’s reasonable request for assistance in the investigation or prosecution of acts of trafficking may also qualify for a T Visa. After three years in this non-immigrant status, the individual may be eligible for legal permanent residence.
Temporary Protected Status
When country conditions, such as natural disasters (e.g. earthquakes, tsunamis, etc.) or political unrest prevent foreign nationals in the U.S. from safely returning to their home country, the U.S. government may grant Temporary Protected Status to those individuals who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
During a designated period, eligible individuals:
- Are not removable from the United States
- Cannot be detained by DHS
- May obtain an employment authorization document (EAD)
- May apply for travel authorization
Although having TPS by itself does not lead to permanent resident status (a green card), a TPS beneficiary may immigrate permanently under another provision of law, if qualified.
The “U-Visa” or “U non-immigrant status” is temporary permission to be in the U.S. for certain crime victims who have suffered substantial mental or physical abuse as a result of the crime. U visas were created by the Victims of Trafficking and Violence Protection Act of 2000 to strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of persons, and other violent criminal activity of which aliens are victims while offering protection to the victims and their families.
Approved U petitioners will be granted temporary legal status and work authorization. After three years in such status, persons granted U visas are eligible to apply for lawful permanent resident status.
How to Qualify for Asylum
To qualify for asylum, you must be from a country where you have been persecuted, or you believe that you will be persecuted if you return to that country. You must have evidence that backs up this belief.
The persecution must be based on at least one of these:
- Membership in a Certain Social Group
- Political Opinion
You may be at a port of entry or already be in the United States to qualify for asylum. When applying, you must do it within 1 year of your arrival to the U.S. If it has been over one year and you apply for asylum, you may qualify for an exception.
Exceptions for asylum applications include:
A change in your circumstances that materially affects your asylum eligibility
Circumstances that were out of your control prevented you from filing on time, like a serious illness, mental or physical disability.
The Immigration and Nationality Act does not give a specific definition of what persecution is, although it does specify harm involving the fear of being "forced to abort a pregnancy or to undergo involuntary sterilization, or... persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program” (I.N.A. Section 101(a)(42). However, the applicant must be able to prove that what they fear should be viewed as persecution.
These are some examples of persecution:
- Disproportionate punishment for a crime
- Mental, emotional, or psychological harm
- Harmful threats
- Physical violence
- Unlawful detention
- Violations of human rights
Call U.S. Immigration Law Group, LLP
Our Santa Ana humanitarian visa attorneys are ready to guide you through the application process.
- En Español
El 10 de noviembre de 2022, DHS anuncio que los beneficiarios bajo las designaciones continuas de TPS de El Salvador, Honduras, Nepal, Nicaragua y la designación de 2011 de Haití, así como la ...Read More
Breaking News November 2022
DHS announced that beneficiaries under the TPS designations for El Salvador, Nicaragua, Honduras, and Nepal, as well as the 2011 designation of Haiti, and the 2013 designation of Sudan, will retain ...Read More
- Spanish Newsletter,
- En Español
El Tribunal de Apelaciones del 5º Circuito afirma parcialmente que la directiva DACA es ilegal devuelve el caso al Tribunal de Distrito para que evalúe el nuevo reglamento DACA del DHS El 30 de agosto ...Read More