There are several humanitarian immigration programs available to persons in the United States. These programs allow eligible applicants already here to remain in temporary lawful status and obtain employment authorization. Applicants may be ineligible due to certain activities or convictions.
Victims of trafficking who are in the United States, its territories, or a port of entry qualify for a T visa. Trafficked persons must comply with reasonable requests from law enforcement agencies working on their cases and must prove that they would suffer extreme hardship of an unusual and severe nature if removed from the United States. Trafficked persons under 21 years of age can apply for a T visa for their spouse, children, parents, and unmarried siblings under 18 years. If over 21 years of age, the trafficked person only may apply for a T visa on behalf of their spouse and children. Victims of other crimes, for example, felonious assault and sex crimes, qualify for a U visa if they have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of the crime. Both visas allow the person to remain in the United States and obtain a work permit. After a period of time, a person granted a U or T visa may apply for permanent resident status.
Other humanitarian programs include Temporary Protected Status (TPS) and Deferred Enforced Departure (DED). Designation of a country as eligible for either program allows the nationals of that country who are already in the U.S. to remain and work. Countries are designated as eligible for TPS or Deferred Enforced Departure due to ongoing armed conflict, epidemics, other temporary and extraordinary situations, and natural or environmental disasters. Deferred Enforced Departure and Temporary Protected Status do not lead to a green card or lawful permanent resident status. A person granted temporary protected status may, if otherwise eligible on another basis, apply for asylum, a nonimmigrant or immigrant visa (green card) and adjustment of status.
When you hire Minikon Law, LLC to represent you in your humanitarian case, we do the following:
- Evaluate your immigration and criminal history to assess your chances of success before you file the application
- Evaluate your case for additional immigration benefits you might be eligible for, including applications for permanent status
- Determine what evidence would best prove your eligibility for the benefit requested
- Prepare your application, advise, and guide you through the entire immigration petition process