Humanitarian Immigration Programs in the U.S.

The United States has a long history of providing protection and assistance to individuals in need, who are facing persecution or severe circumstances in their home countries. Humanitarian-based immigration encompasses several programs and policies designed to offer relief, safety, and a chance to rebuild their lives to those who qualify.

This guide provides an overview of the various humanitarian-based immigration programs available, eligibility requirements, application processes, and benefits associated with each program, such as obtaining a Green Card and ultimately U.S. citizenship, to help you better understand these vital pathways to a safer and more secure life in the United States.

Asylum: Protection for Persecuted Individuals

Asylum is a form of protection granted to individuals who have fled their home country due to persecution or a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Asylum offers a chance for these individuals to find safety and rebuild their lives in the United States.

Eligibility Requirements:

To qualify for asylum, applicants must meet the following criteria:

1. Be physically present in the United States or at a U.S. port of entry.
2. Demonstrate a well-founded fear of persecution in their home country based on one or more of the five protected grounds mentioned above.
3. Apply for asylum within one year of their last arrival in the United States unless there are specific exceptions, such as changed circumstances or extraordinary circumstances.

Asylum Application Process:

The asylum application process typically involves the following steps:

1. Filing Form I-589, Application for Asylum and for Withholding of Removal, with the U.S. Citizenship and Immigration Services (USCIS). This form must be submitted within one year of the applicant’s arrival in the United States.
2. Attending a biometrics appointment for fingerprinting and background checks.
3. Participating in an interview with an asylum officer who will assess the applicant’s eligibility for asylum. The officer may grant or deny the application or refer it to an immigration judge for further review.
4. If the application is referred to an immigration judge, the applicant will need to attend a hearing in immigration court, where they will present their case for asylum before the judge.

Benefits of Asylum:

If granted asylum, individuals can:

• Live and work in the United States legally.
• Apply for a Social Security card.
• Receive government assistance, such as healthcare and education benefits.
• Apply for a green card (permanent residence) one year after being granted asylum.
• Petition for eligible family members to join them in the United States.

Asylum is a critical form of humanitarian-based immigration, providing protection and a path to a better life for those who have faced persecution in their home countries. Due to the complexity of asylum claims and the potential challenges in the application process, it is strongly recommended that applicants work with an experienced asylum lawyer to navigate the asylum process and ensure the best possible outcome for their case.

Refugees: Escaping Persecution and Seeking Safety

Refugees are individuals who have been forced to flee their home country due to persecution, war, or violence, and are unable or unwilling to return because of a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. The United States plays an essential role in offering protection and resettlement opportunities to refugees through its Refugee Admissions Program.

Eligibility Requirements for Refugees:

To qualify as a refugee, applicants must meet the following criteria:

1. Be outside their home country and unable or unwilling to return due to a well-founded fear of persecution.
2. Demonstrate that they have experienced persecution or have a credible fear of future persecution based on one of the five protected grounds mentioned above.
3. Be referred to the U.S. Refugee Admissions Program by the United Nations High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated non-governmental organization.

Refugee Application Process:

The refugee application process typically involves the following steps:

1. Undergo a rigorous pre-screening process conducted by the referring entity, such as the UNHCR.
2. Participate in an in-depth interview with a U.S. government official to determine eligibility for refugee status.
3. Complete security checks and background investigations to ensure the applicant poses no threat to the United States.
4. Attend a cultural orientation program to prepare for life in the United States.
5. Undergo a medical examination to identify and address any health-related issues.
6. Receive final approval for resettlement in the United States and travel arrangements to their designated community.

Benefits of Refugee Status:

Once resettled in the United States, refugees can:

• Live and work in the United States legally.
• Apply for a Social Security card.
• Receive government assistance, such as healthcare, education benefits, and employment services.
• Apply for a green card (permanent residence) one year after being admitted as a refugee.
• Petition for eligible family members to join them in the United States.

The refugee program is a vital component of the United States’ humanitarian-based immigration efforts, providing a lifeline to those who have been displaced from their homes due to persecution or conflict.

Temporary Protected Status (TPS): Providing Relief in Times of Crisis

Temporary Protected Status (TPS) is a temporary immigration status granted by the U.S. government to eligible nationals of certain designated countries that are facing ongoing armed conflict, natural disasters, or other extraordinary and temporary conditions. TPS allows individuals from these countries who are already in the United States to remain and work legally for a specified period without the risk of deportation.

Eligibility Requirements for TPS:

To be eligible for TPS, applicants must:

1. Be a national of a country designated for TPS, or a person without nationality who last resided in the designated country.
2. Have been continuously physically present in the United States since the effective date of the most recent designation for their country.
3. Have been continuously residing in the United States since a date specified by the Secretary of Homeland Security.
4. Not be inadmissible under certain grounds of the Immigration and Nationality Act (INA) or subject to any of the mandatory bars to asylum.
5. File a timely registration for TPS during the initial registration or re-registration period.

TPS Application Process:

To apply for TPS, applicants must:

1. Complete and submit Form I-821, Application for Temporary Protected Status, to U.S. Citizenship and Immigration Services (USCIS).
2. Submit evidence of their nationality and proof of residence in the United States.
3. Pay the required fees or request a fee waiver, if eligible.
4. Undergo a thorough background check, including fingerprinting and a security clearance.

Benefits of TPS:

Individuals granted TPS can:

• Remain in the United States without fear of deportation during the designated TPS period.
• Obtain employment authorization and a work permit (by filing Form I-765, Application for Employment Authorization).
• Apply for a travel document (by filing Form I-131, Application for Travel Document), allowing them to travel abroad and return to the United States during the TPS period.

It is essential to note that TPS does not lead to permanent resident status or provide a path to citizenship. However, TPS beneficiaries may apply for non-immigrant status, file for adjustment of status based on an immigrant petition, or apply for any other immigration benefit or protection for which they may be eligible.

Special Immigrant Juvenile Status (SIJS): Protecting Vulnerable Children

Special Immigrant Juvenile Status (SIJS) is a humanitarian form of immigration relief available to certain eligible children who have been abused, neglected, or abandoned by one or both parents. SIJS allows these children to apply for lawful permanent resident status (a Green Card) in the United States and offers a path to citizenship.

Eligibility Requirements for SJIS:

To be eligible for SIJS, applicants must:

1. Be under 21 years of age at the time of filing the SIJS petition.
2. Be unmarried.
3. Be physically present in the United States.
4. Have a juvenile court order issued by a U.S. state court that:
   • Declares the child dependent on the court or legally places the child under the custody of an agency or individual appointed by the court.
   • Determines that it is not in the child’s best interest to return to their home country (or country of last habitual residence).
   • Finds that the child has been abused, neglected, or abandoned by one or both parents.
5. Have a pending or approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, filed with U.S. Citizenship and Immigration Services (USCIS).

SIJS Application Process:

To apply for SIJS, applicants must:

1. Obtain a qualifying juvenile court order from a U.S. state court.
2. File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS, along with supporting documentation, including the juvenile court order and evidence of age.
3. If the I-360 petition is approved, file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card.

Benefits of SIJS:

Individuals granted SIJS can:

• Obtain lawful permanent resident status (a Green Card) in the United States.
• Work legally in the United States.
• Apply for a Social Security number.
• Access certain federal and state benefits, such as Medicaid and the Supplemental Nutrition Assistance Program (SNAP).

It is important to note that SIJS beneficiaries cannot petition for their parents or siblings to obtain immigration benefits. Additionally, SIJS may not be available if the child turns 21 or marries before the approval of their SIJS petition or adjustment of status application.

U Visa (Victims of Crime): Protection and Support for Victims

The U visa is a non-immigrant visa created to protect and support victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement authorities in the investigation or prosecution of the criminal activity. By offering immigration relief to crime victims, the U visa encourages cooperation with law enforcement and helps bring perpetrators to justice.

Eligibility Requirements for U Visa:

To be eligible for a U visa, applicants must:

1. Be a victim of a qualifying crime that occurred in the United States or violated U.S. laws.
2. Have suffered substantial physical or mental abuse as a result of the crime.
3. Possess credible and reliable information about the crime.
4. Be helpful, have been helpful, or be likely to be helpful to law enforcement or other officials in the investigation or prosecution of the crime.
5. Be admissible to the United States or obtain a waiver of inadmissibility (using Form I-192, Application for Advance Permission to Enter as a Non-Immigrant).
6. Qualifying crimes for U visa eligibility include, but are not limited to, domestic violence, sexual assault, human trafficking, and extortion.

U Visa Application Process:

To apply for a U visa, applicants must:

1. File Form I-918, Petition for U Non-immigrant Status, with U.S. Citizenship and Immigration Services (USCIS).
2. Include a completed Form I-918, Supplement B, U Non-immigrant Status Certification, signed by an authorized law enforcement official, confirming the applicant’s helpfulness in the investigation or prosecution of the crime.
3. Submit supporting documentation, such as personal statements, police reports, court records, and medical records, to demonstrate eligibility.

Benefits of the U Visa:

Individuals granted U visa status can:

• Legally reside in the United States for up to four years (with the possibility of extensions in certain circumstances).
• Obtain work authorization.
• Apply for a Green Card after three years of continuous presence in the United States.
• Petition for certain eligible family members (spouse, children, parents, and unmarried siblings under 18) to obtain derivative U visa status.

Due to the sensitive nature of the crimes involved and the potential challenges in the application process, it is recommended that applicants work with an experienced immigration attorney to navigate the U visa process.

T Visa (Victims of Human Trafficking): Protection and Assistance for Trafficking Survivors

The T visa is a non-immigrant visa designed to provide protection and assistance to victims of severe forms of human trafficking who are present in the United States. It allows eligible individuals to remain in the country and cooperate with law enforcement authorities in the investigation and prosecution of human trafficking cases.

Eligibility Requirements for T Visa:

To be eligible for a T visa, applicants must:

1. Be a victim of severe forms of trafficking, including sex trafficking or labor trafficking, as defined by the Trafficking Victims Protection Act (TVPA).
2. Be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry due to trafficking.
3. Comply with any reasonable request for assistance in the investigation or prosecution of human trafficking, unless they are under the age of 18 or unable to cooperate due to physical or psychological trauma.
4. Suffer extreme hardship involving unusual and severe harm if removed from the United States.
5. Be admissible to the United States or obtain a waiver of inadmissibility (using Form I-192, Application for Advance Permission to Enter as a Non-Immigrant).

T Visa Application Process:

To apply for a T visa, applicants must:

1. File Form I-914, Application for T Non-immigrant Status, with U.S. Citizenship and Immigration Services (USCIS).
2. Submit a personal statement describing their experience as a victim of human trafficking.
3. Provide supporting evidence to demonstrate eligibility, such as law enforcement agency endorsements, court documents, news articles, or other relevant documentation.

Benefits of the T Visa:

Individuals granted T visa status can:

• Legally reside in the United States for up to four years (with the possibility of extensions in certain circumstances).
• Obtain work authorization.
• Access certain public benefits and services, including the Office of Refugee Resettlement’s benefits and services.
• Apply for a Green Card after three years of continuous presence in the United States or upon the completion of the investigation or prosecution, whichever occurs earlier.
• Petition for certain eligible family members (spouse, children, parents, and unmarried siblings under 18) to obtain derivative T visa status.

Due to the complexity of human trafficking cases and the potential challenges in the application process, it is advised that applicants work with an experienced immigration attorney to navigate the T visa process.

VAWA (Violence Against Women Act): Protection and Relief for Abused Spouses and Family Members

The Violence Against Women Act (VAWA) is a federal law enacted in 1994 to address and combat domestic violence, sexual assault, and stalking. VAWA provides a pathway to lawful immigration status for survivors of abuse who are married to, or recently divorced from, U.S. citizens or lawful permanent residents (LPRs). This program allows eligible individuals to self-petition for immigration relief without the involvement of their abuser, ensuring their safety and independence.

Eligibility Requirements for VAWA:

To be eligible for VAWA, applicants must meet the following criteria:

1. Be a spouse, child, or parent of a U.S. citizen or LPR who has subjected them to battery or extreme cruelty.
2. Be currently residing in the United States or have resided in the United States with the abusive family member.
3. Have lived with the abusive family member for a certain period.
4. Demonstrate good moral character.
5. Prove the relationship to the abusive U.S. citizen or LPR (marriage certificate, birth certificate, etc.).
6. Provide evidence of the abuse, such as police reports, medical records, or affidavits from witnesses.

VAWA Application Process:

The VAWA application process involves the following steps:

1. Gather documentation to prove eligibility, such as police reports, medical records, court documents, and affidavits from friends or family members detailing the abuse
2. Complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and submit it to U.S. Citizenship and Immigration Services (USCIS) along with supporting documents
3. Await a decision on the VAWA petition, which can take several months to over a year
4. If the VAWA petition is approved, the applicant may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a Green Card

Benefits of VAWA:

VAWA offers several benefits to survivors of abuse, including:

• The ability to self-petition for immigration relief without the involvement or knowledge of their abuser
• Eligibility for a Green Card, which provides lawful permanent residency in the United States
• Access to work authorization, allowing them to legally work in the United States
• The possibility of obtaining derivative benefits for certain qualifying family members
• Protection under U.S. laws and the right to access resources and services for survivors of abuse

VAWA is an important resource for abused spouses, children, and parents who may be hesitant to leave their abusive family member or report the abuse due to immigration concerns. It is recommended that individuals seeking VAWA relief consult with an experienced immigration attorney to ensure that their application is accurately prepared and supported with the necessary evidence.

Deferred Action for Childhood Arrivals (DACA): Providing Relief and Opportunities for Young Immigrants

The Deferred Action for Childhood Arrivals (DACA) program was established in 2012 to provide temporary relief from deportation and work authorization for eligible young immigrants who were brought to the United States as children. Although DACA does not offer a direct path to permanent residency or citizenship, it does provide recipients with protection from removal and allows them to live and work in the U.S. legally.

Eligibility for DACA:

To be eligible for DACA, applicants must meet the following criteria:

• Arrived in the United States before turning 16 years old
• Have continuously resided in the U.S. since June 15, 2007, up to the present time
• Were physically present in the U.S. on June 15, 2012, and at the time of submitting the DACA request
• Entered the U.S. without inspection or had their lawful immigration status expired as of June 15, 2012
• Are currently in school, have graduated from high school, have obtained a GED, or are honorably discharged veterans of the U.S. Armed Forces or Coast Guard
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety
• Were under 31 years of age as of June 15, 2012

DACA Application Process:

The DACA application process involves the following steps:

• Gather documentation to prove eligibility, such as school records, medical records, and proof of continuous residence in the U.S.
• Complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet
• Submit the completed forms along with supporting documents and the required fees to U.S. Citizenship and Immigration Services (USCIS)
• Undergo a background check and biometrics appointment, as required by USCIS
• Await a decision on the DACA application, which typically takes several months

Benefits of DACA:

DACA recipients enjoy several benefits, including:

• Protection from deportation for a renewable period of two years
• Eligibility for work authorization, allowing them to legally work in the United States
• Access to a Social Security Number and, in some states, a driver’s license
• Eligibility for in-state tuition at public colleges and universities in some states
• The ability to apply for Advance Parole, which permits international travel under certain circumstances

It is important to note that DACA is not a permanent solution, and recipients must renew their status every two years. While the program provides temporary relief and opportunities, it does not offer a direct pathway to a Green Card or U.S. citizenship.

Humanitarian Parole: Providing Temporary Relief in Emergencies

Humanitarian parole is a discretionary measure that allows individuals who are otherwise inadmissible to the United States to enter the country temporarily due to urgent humanitarian reasons or significant public benefit. This program is not intended to be a long-term solution or a substitute for regular visa processes but serves as a critical lifeline for individuals facing emergencies or dire circumstances.

Eligibility Requirements:

To be considered for humanitarian parole, applicants must demonstrate that:

1. They have an urgent humanitarian reason for entering the United States or that their entry would provide a significant public benefit
2. They are unable to obtain a visa or other necessary documents in a timely manner
3. They do not pose a security risk to the United States
4. They will depart the United States once the parole period expires, or they will apply for another immigration benefit

Humanitarian Parole Application Process:

The application process for humanitarian parole involves the following steps:

1. Complete Form I-131, Application for Travel Document, and Form I-134, Affidavit of Support (if applicable)
2. Gather supporting documentation to demonstrate the urgent humanitarian need or public benefit, such as medical records, letters from doctors or humanitarian organizations, or evidence of family reunification
3. Submit the application package to U.S. Citizenship and Immigration Services (USCIS) along with the required fees
4. Await a decision on the parole request, which can take several weeks to several months, depending on the urgency of the situation and the complexity of the case
5. If granted parole, the applicant will receive a parole document, which allows them to enter the United States for a specified period (usually up to one year)

Humanitarian parole is granted at the discretion of USCIS, and there is no guarantee that an applicant will be approved. If granted, the parole period is usually limited to the duration of the humanitarian need, typically not exceeding one year. Parolees are required to depart the United States before their parole expires or apply for an extension if the humanitarian need persists.

Benefits of Humanitarian Parole:

Humanitarian parole offers several benefits, including:

• Temporary admission to the United States to address urgent humanitarian needs or provide significant public benefit
• The ability to obtain work authorization for the duration of the parole period
• Access to medical treatment or reunification with family members in the United States
• Potential eligibility for certain public benefits, depending on the specific circumstances

It is important to note that humanitarian parole does not provide a path to a Green Card or citizenship. Once the parole period expires, the individual must either depart the United States or apply for another immigration benefit for which they may be eligible.

Given the complexity and urgency of humanitarian parole cases, it is advisable for applicants to seek guidance from an experienced immigration attorney to ensure the proper preparation and submission of their application.

Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV): Safe and Orderly Entry

The Department of Homeland Security (DHS) has implemented processes to allow nationals of Cuba, Haiti, Nicaragua, and Venezuela, as well as their immediate family members, to enter the United States in a safe and orderly manner. Qualified beneficiaries who are outside the U.S. and lack entry documents may be considered for advanced authorization to travel and a temporary period of parole for up to two years for urgent humanitarian reasons or significant public benefit. To participate, eligible beneficiaries must meet the following criteria:

1. Have a supporter in the United States
2. Undergo and clear robust security vetting
3. Meet other eligibility criteria
4. Warrant a favorable exercise of discretion

Beneficiary

A beneficiary in these processes is a national of Cuba, Haiti, Nicaragua, or Venezuela (or their immediate family member of any nationality) who is outside the United States and may be considered for parole. Immediate family members of any nationality include:

• A spouse or common-law partner
• Unmarried children under the age of 21
  • Children under 18 who must be traveling with a parent or legal guardian

Supporters

Individuals participating in these processes must have a U.S.-based supporter who agrees to provide them with financial support during their parole stay in the United States. The first step in the process is for the U.S.-based supporter to file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

A supporter is an individual who holds lawful status in the United States or is a parolee or beneficiary of deferred action or Deferred Enforced Departure (DED) and has passed security and background vetting, demonstrating sufficient financial resources to receive, maintain, and support the individual(s) they commit to supporting for the duration of their stay in the United States. Examples of individuals who meet the supporter requirement include:

1. U.S. citizens and nationals
2. Lawful permanent residents, lawful temporary residents, and conditional permanent residents
3. Nonimmigrants in lawful status
4. Asylees, refugees, parolees
5. Individuals granted Temporary Protected Status (TPS)
6. Beneficiaries of deferred action (including deferred action for childhood arrivals) or DED

If you are a national of Cuba, Haiti, Nicaragua, or Venezuela and need assistance navigating the safe and orderly entry processes or have questions about your eligibility, it is highly recommended that you consult with an experienced immigration attorney who can guide you through the process and help ensure the best possible outcome for your case.

Assistance for Afghans: Humanitarian Support and Immigration Options

The United States has evacuated tens of thousands of Afghan citizens who now reside in the country on a temporary, two-year parole status. Various organizations are assisting these individuals by providing access to housing, employment, food, cash, medical assistance programs, and immigration-related aid, including humanitarian parole, Special Immigrant Visa (SIV) status, asylum, family-based visas, and employment authorization.

For those still in Afghanistan, you may consider applying for humanitarian parole through USCIS. However, the processing time may take several months, and the agency is experiencing a backlog. It’s important to note that parole is not meant to bypass the standard refugee process or provide protection for individuals at a generalized risk of harm worldwide.

Eligibility and Benefits

USCIS is applying a high standard when deciding whether to grant humanitarian parole to Afghan citizens. Factors considered include specific vulnerabilities, imminence or severity of potential harm, family ties to the United States, and access to a refugee process. Corroborating evidence from a credible, third-party source is required if the request is based on concerns of imminent harm.

• Immediate family of a US citizen (spouse, unmarried children under 21, and parents), with explanations for not pursuing the standard family-based immigration process.
• Spouse and unmarried children under 21 of a lawful permanent resident (LPR), with explanations for not pursuing the standard family-based immigration process.
• Locally employed staff of the U.S. embassy in Kabul and their immediate family (spouse and unmarried children under 21).
• SIV applicants with Chief of Mission (COM) approval.
• Immediate relatives of Afghan nationals previously evacuated to the United States through Operation Allies Welcome.

Approved applicants may receive various benefits, depending on the type of immigration relief granted. Humanitarian parole allows for temporary entry to the United States for urgent humanitarian reasons or significant public benefit. SIV status and asylum may lead to lawful permanent resident status, and eventually, U.S. citizenship. Family-based visas also provide a pathway to a green card and citizenship. Employment authorization may be granted to eligible individuals, allowing them to work legally in the United States.

Uniting for Ukraine: Temporary Relief and Support for Displaced Ukrainians

In response to Russia’s invasion of Ukraine, the United States announced Uniting for Ukraine on April 21, 2022, as a means to welcome Ukrainian citizens and their immediate family members who are outside the United States. This initiative provides temporary relief in the form of a two-year parole period. Participants must have a U.S.-based supporter who agrees to provide financial support during their stay.

Eligibility for Uniting for Ukraine

To be eligible, a beneficiary must be a Ukrainian citizen or their non-Ukrainian immediate family member outside the United States. Immediate family members include a spouse or common-law partner and unmarried children under 21. Children under 18 must travel with a parent or legal guardian.

Supporter Requirement

A supporter is an individual with lawful status in the United States or a parolee, deferred action, or Deferred Enforced Departure (DED) beneficiary who has passed security and background vetting and demonstrated sufficient financial resources to support the individuals they commit to support during their stay. Examples of individuals who meet the supporter requirement include:

• U.S. citizens and nationals
• Lawful permanent residents, lawful temporary residents, and conditional permanent residents
• Nonimmigrants in lawful status
• Asylees, refugees, and parolees
• TPS holders
• Beneficiaries of deferred action (including DACA) or Deferred Enforced Departure

Process for Uniting for Ukraine

The first step in Uniting for Ukraine is for the U.S.-based supporter to file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS. The U.S. government will then vet the supporter to ensure they can financially support the individual they agree to support.

Uniting for Ukraine provides displaced Ukrainians and their immediate family members a temporary, two-year parole period in the United States. This initiative offers a safe haven from the ongoing conflict and an opportunity to rebuild their lives with the support of a U.S.-based individual or family.

Deferred Enforced Departure (DED): A Presidential Discretion

Deferred Enforced Departure (DED) is a form of relief from removal that the president can authorize within their constitutional power to conduct foreign relations. While DED does not grant a specific immigration status, it offers temporary protection from removal for eligible individuals from designated countries.

Countries Currently Covered by DED

• Liberia: From October 1, 2007, to June 30, 2024 (ordered by President George W. Bush on September 12, 2007)
• Hong Kong: From August 5, 2021, to February 5, 2023 (ordered by President Joe Biden on August 5, 2021)
• Venezuela: From January 20, 2021, to July 20, 2022 (ordered by President Donald J. Trump on January 19, 2021)

Eligibility and Benefits of DED

Eligibility for DED depends on the criteria specified in each presidential directive. Work authorization may be granted as a DED benefit, allowing individuals to apply for an Employment Authorization Document (EAD) using Form I-765. In some cases, automatic EAD extensions may be announced to accommodate processing times.

Travel authorization can also be a DED benefit. To request permission to travel outside the United States and return, individuals must file Form I-131 for advance parole. Leaving the country without advance parole may result in loss of DED eligibility and denial of reentry.

Understanding the eligibility criteria and benefits associated with DED is crucial for maintaining your status and safeguarding your rights. An experienced immigration attorney can provide guidance and assistance in navigating the complexities of DED and other immigration matters.

Other Humanitarian Based Immigration Options

Here are some lesser-known or specialized relief options in the U.S. immigration system:

NACARA (Nicaraguan Adjustment and Central American Relief Act):

This program provides certain Nicaraguans, Cubans, Salvadorans, Guatemalans, and nationals of former Soviet-bloc countries with a path to adjust their status to lawful permanent resident (LPR) status.

Cancellation of Removal:

This is a form of relief available to certain non-permanent residents who have been in the U.S. for a specific period, can demonstrate good moral character, and show that their removal would result in extreme hardship to a qualifying U.S. citizen or LPR family member.

212(c) Waiver:

This waiver is for certain LPRs with criminal convictions who have resided in the U.S. for at least seven years before being placed in removal proceedings. The waiver allows them to apply for a discretionary waiver of deportation.

LIFE Act (Legal Immigration Family Equity Act):

This act includes provisions that allow certain eligible individuals to adjust their status to LPR despite having entered the country unlawfully or having overstayed a visa.

I-601A Provisional Waiver:

This waiver allows immediate relatives of U.S. citizens who are inadmissible due to unlawful presence in the U.S. to apply for a provisional waiver of the inadmissibility grounds before leaving the country for consular processing of their immigrant visa.

S Visa:

The S visa is for certain individuals who have valuable information about criminal or terrorist organizations and are willing to cooperate with U.S. law enforcement authorities. This visa offers a temporary stay and, in some cases, a path to a Green Card.

These options may not apply to everyone, and the eligibility requirements can be complex. It’s essential to consult with an experienced humanitarian immigration attorney to determine which options are most suitable for your specific situation.

Common Challenges and Issues in Humanitarian-Based Immigration

While humanitarian-based immigration provides a lifeline for many individuals facing persecution, violence, or other dire circumstances, the process can be complex and fraught with challenges. Here are some common issues that applicants may encounter during the application process:

Proving Eligibility:

Providing sufficient evidence to establish eligibility for a specific humanitarian-based immigration category can be challenging, especially for those who have fled their home countries with limited documentation. Asylum seekers, for instance, must prove a well-founded fear of persecution, which may require extensive documentation and testimonies.

Limited Availability:

Some forms of humanitarian-based immigration, such as refugee admissions, are subject to annual caps determined by the U.S. government. This can result in long waiting periods for applicants and uncertainty about their future.

Lengthy Processing Times:

Due to high demand, processing times for humanitarian-based immigration applications can be lengthy, leading to extended periods of uncertainty for applicants and their families.

Changes in Policy and Regulations:

U.S. immigration policies and regulations are subject to change, which can directly impact humanitarian-based immigration programs. Applicants may face additional scrutiny, changing eligibility requirements, or even the discontinuation of certain programs.

Language Barriers and Cultural Differences:

Navigating the U.S. immigration system can be challenging for those who do not speak English or are unfamiliar with the legal and cultural norms of the United States. This can lead to misunderstandings or mistakes in the application process.

Access to Legal Representation:

Obtaining competent legal representation can be crucial to the success of a humanitarian-based immigration application, but many individuals in need may not have the resources to hire an attorney or may be unaware of pro bono services available to them.

Integration and Adjustment:

Once in the United States, individuals granted humanitarian-based immigration benefits may face challenges related to language, employment, housing, and adjusting to a new culture.

Given these challenges, it is essential for applicants seeking humanitarian-based immigration benefits to seek assistance from experienced immigration attorneys, nonprofit organizations, or community resources to help them navigate the complex process and maximize their chances of success.

How an Immigration Attorney Can Help

Navigating the complexities of humanitarian-based immigration can be a daunting task, but the expertise of an experienced immigration attorney can significantly improve your chances of success. Here are some ways in which an immigration attorney can assist you with your application:

Evaluating Your Eligibility:

An immigration attorney can help you determine which humanitarian-based immigration category best suits your circumstances and whether you meet the eligibility requirements for that specific category.

Preparing and Submitting Your Application:

An attorney can guide you through the process of preparing the necessary forms and documentation, ensuring that your application is complete, accurate, and well-presented. This can reduce the likelihood of delays or denials due to incomplete or incorrect information.

Gathering Supporting Evidence:

Immigration attorneys are skilled in identifying the types of evidence needed to support your claim and can assist you in gathering and presenting this evidence in a compelling manner.

Representation in Court:

For certain humanitarian-based immigration categories, such as asylum, you may need to present your case before an immigration judge. An attorney can represent you in court, helping you present a persuasive argument and address any legal challenges that may arise.

Staying Informed About Policy Changes:

Immigration attorneys stay up-to-date on changes to immigration laws, policies, and regulations, ensuring that your application is compliant with current requirements.

Overcoming Challenges and Obstacles:

An experienced immigration attorney is familiar with common challenges and issues that may arise during the application process and can help you develop strategies to overcome these obstacles.

Assistance with Appeals and Waivers:

If your application is denied, an immigration attorney can help you explore options for appeal or apply for a waiver if you are eligible.

Support with Integration and Adjustment:

In some cases, immigration attorneys may also provide guidance and resources to help you successfully integrate into your new community, addressing issues related to language, employment, housing, and cultural adjustment.

By working with a knowledgeable humanitarian immigration attorney, you can better navigate the humanitarian-based immigration process, overcome challenges, and improve your chances of successfully obtaining the relief you seek.

In Summary

Humanitarian-based immigration provides a vital pathway for individuals facing persecution, violence, or other severe hardships to find safety and build a new life in the United States. The various forms of humanitarian relief, including asylum, refugee status, TPS, SIJS, U and T visas, VAWA, and humanitarian parole, address a wide range of situations and challenges faced by vulnerable populations.

However, the process of applying for these forms of relief can be complex and challenging, often requiring a thorough understanding of the relevant laws and regulations. By working with an experienced immigration attorney, you can better navigate the intricacies of humanitarian-based immigration, ensuring that your application is well-prepared and supported by strong evidence.

Humanitarian Immigration Programs FAQs

In this Frequently Asked Questions (FAQs) section, we aim to address common questions and concerns related to humanitarian-based immigration programs with answers to help you better understand the various relief options available and their respective processes, eligibility requirements, and benefits.