Humanitarian Visas
Temporary Protected Status
Temporary Protected Status (TPS) provides protection to certain individuals who are temporarily unable to return to their home country due to an ongoing armed conflict, an environmental disaster, or other extraordinary conditions. The Attorney General of the United States designates countries that are afflicted with these widespread crises and has the power to both extend and terminate the period of protection. Those who have obtained TPS may remain in the United States and obtain work authorization as long as their home country is designated for TPS. Temporary Protected Status does not create a path to permanent residency in and of itself and following the termination of TPS, the beneficiary will return to the immigration status they had previously unless this status has since expired, terminated, or changed through adjustment of status.
At this time, nationals from the following countries have been granted TPS: Afghanistan, Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen.
You can learn more about TPS HERE.
VAWA
VAWA provides a path for certain immigrants who are survivors of domestic violence— regardless of their sex or gender—to apply for a green card without relying on their abuser to sponsor them. For you to file a petition under VAWA, you must have a qualifying relationship with your U.S. citizen or legal permanent resident abuser; meaning you must be the spouse, intended spouse, or former spouse; child; or parent of your abuser.
Besides having a qualifying relationship, you must also (1) be a person of good moral character, (2) have suffered battery or extreme cruelty at the hands of your U.S. citizen or LPR abuser, and (3) reside with your U.S. citizen or LPR abuser currently or in the past.
The first step in petitioning for VAWA is filing a Form I-360—Petition with USCIS. If you are currently in the U.S. and an immigrant visa is immediately available to you, you may apply for a green card by filling out a Form I-485, Application to Register Permanent Residence or Adjust Status.
You can learn more about VAWA HERE.
U Visas
A U visa is for victims of certain crimes who assist law enforcement or government officials with investigating or prosecuting criminal activity. You may be eligible for a U visa if (1) you are the victim of a qualifying crime, (2) you have substantially suffered either physically or mentally because you were a victim of criminal activity, (3) you have information about the criminal activity, (4) you were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime, (5) the crime occurred in the United States or violated U.S. laws, (6) and you are admissible to the United States.
The first step in applying for a U visa is submitting a Form I-918—Petition for U Nonimmigrant Status—to USCIS. You must also submit a Form I-918, Supplement B, U Nonimmigrant Certification. This is a form to indicate that you are a victim of a qualified crime and that you are currently, previously, or likely to be help law enforcement in the investigation or prosecution of the crime committed against you. It must be signed by law enforcement. Finally, you must also submit evidence to demonstrate each eligibility requirement of the U visa, and a personal statement describing the crime you were victim to.
You may be eligible for a green card once you have been granted a U visa and been present in the United States for at least three consecutive years, and if you have not unreasonably refused to help law enforcement after receiving your U visa. To apply for a green card, you must fill out a Form I-485, Application to Register Permanent Residence or Adjust Status.
You can learn more about U visas HERE.
Humanitarian Parole
Humanitarian parole allows you to enter the United States legally and remain in the country temporarily if you are experiencing a humanitarian emergency. To qualify for humanitarian parole, you must have a “compelling emergency” and an urgent humanitarian reason, or your presence in the U.S. must offer a “significant public benefit.”
Examples of compelling emergencies include urgent medical treatment, visiting a sick family member, or attending a deceased family member’s funeral. When people are granted humanitarian parole for a significant public benefit, it is usually to participate in a civil or criminal legal proceeding in the United States.
Humanitarian parole does not give you legal permanent residency (a green card) or a pathway to citizenship. It is a short-term solution to allow you to enter the United States under certain circumstances, even if you are inadmissible or otherwise ineligible for admission.
Please be aware that the Department of Homeland Security has established special processes to more quickly fulfill requests for humanitarian parole for Afghan and Ukrainian nationals. The process for Ukrainian nationals is known as “Parole Under Uniting for Ukraine.”
You can learn more about humanitarian parole HERE.
You can learn more about humanitarian for Afghan nationals HERE.
You can learn more about Parole Under Uniting for Ukraine HERE.
DACA
Deferred Action for Childhood Arrivals (DACA) is a policy that protects people who came to the United States as children and are now here unlawfully. It allows beneficiaries to request consideration of deferred action if they meet certain policy requirements. Deferred action means you will be protected from removal or deportation.
Under DACA, you may be granted deferred action for two years, after which you may apply for a renewal. DACA does not offer a pathway to legal permanent residency (a green card) or citizenship, but it allows beneficiaries to apply for a driver’s license, social security card, and work permit.
Please note: If your DACA application was approved before July 16, 2021, your DACA status will continue, and you may apply for renewal. The Department of Homeland Security is not processing or granting first-time applications for DACA at this time.
You can learn more about DACA HERE.
If you would like to explore whether you may be eligible for any of the humanitarian visas discussed above, please contact us today.