Humanitarian visas are a form of travel authorization that countries issue to individuals in urgent or life-threatening situations. These visas are typically granted to individuals who require immediate protection due to war, natural disasters, persecution, or other circumstances that make it hazardous to remain in their home countries. In addition, humanitarian visas provide significant benefits for refugees seeking safety, offering a legal route for individuals in a crisis to enter a safer country where they can receive assistance, sanctuary, and potentially long-term refuge or resettlement. Immigrants are eligible for various humanitarian visas, such as the Violence Against Women Act (VAWA) Visa, the U Visa, and the T Visa, depending on their unique reasons and circumstances. The following are the criteria that must be satisfied in order to be eligible for each.

Qualifications for a VAWA Visa

A VAWA self-petition, officially known as the VAWA (Violence Against Women Act) visa, enables survivors of domestic violence to register for legal status in the U.S. without the need for the cooperation of their abusive family members. This visa is available to men and women who are spouses, children, or parents of abusive U.S. citizens or permanent residents. It safeguards individuals who may otherwise feel entrapped in hazardous circumstances, providing essential benefits for their emergency situations. The qualifications and eligibility requirements for a VAWA visa are summarized below:

Relationship that Qualifies

• Spouse of an Abusive US Citizen or Permanent Resident: You must be legally married to an abusive spouse who is a U.S. legal permanent resident or citizen. This encompasses current and recent former spouses, as long as the marriage was terminated due to maltreatment or within the last two years.
• Child of an Abusive US Citizen or Permanent Resident Parent: Children younger than 21 who have been subjected to maltreatment by an American citizen permanent resident parent are eligible.
• Parent of a Child Abused in the United States (21 Years or Older): Parents may apply if they have experienced maltreatment of their adult American citizen child. VAWA prohibits permanent residents from petitioning for their parents.

Proof of Extreme Cruelty or Abuse

Applicants must be able to prove that they were subjected to maltreatment or extreme cruelty by an American citizen or permanent resident family member. This may encompass financial, psychological, emotional, or physical maltreatment. Documentation may consist of police reports, medical records, or court documents that pertain to the assault.

1. Affidavits from individuals aware of the maltreatment, such as family members, friends, counselors, or other relevant parties.
2. Statements that provide a comprehensive account of the maltreatment and its effects on the applicant’s life.

Proof of Good Moral Character

Applicants must demonstrate that they are of good moral character, which typically entails that they do not have any significant criminal convictions or patterns of behavior that could render them ineligible.

Background checks, character references, and affidavits from individuals who are intimately acquainted with the applicant can be used to establish a good moral character.

Evidence of Marriage or Parent-Child Relationship

• Marriage documentation: Spouses must furnish evidence of a legal marriage to an abusive US citizen or permanent resident, such as a marriage certificate.
• Documentation of Parent-Child Relationships: When applying under VAWA for children or parents, the applicant must provide evidence of the relationship, such as a birth certificate or other legal records.

Proof of Shared Residency

Applicants are required to demonstrate that they resided with the abusive family member at some point, although there is no specific timeframe that must be met. Joint leases, utility invoices, or other documents that indicate a shared address may serve as evidence of shared residency.

Statements from acquaintances, landlords, or neighbors who can verify the shared living arrangement.

Submission Within the Statutory Timeframe

Spouses and children are required to file within two years of the abusive spouse’s death or the termination of the marriage if the termination was caused by abuse. Applicants have two years to petition under VAWA if the abusive spouse or parent loses their legal status.

How to Apply for a VAWA Visa

The Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, must be submitted by eligible petitioners to apply for VAWA. This form must contain evidence of abuse, excellent moral character, and qualifying relationships. Upon approval, the applicant may be eligible to modify their status to that of a lawful permanent resident (green card bearer).

Advantages of the VAWA Visa

A VAWA visa provides critical protection, enabling survivors to exit abusive situations without the risk of deportation or other adverse consequences. VAWA applicants are also eligible for specific government benefits and resources while they anticipate the outcome of their petitions, which provides crucial support during a challenging transition. 

Qualifications for a U Visa

The U visa is a unique non-immigrant visa that is intended for individuals who have been the victims of specific crimes and have experienced significant mental or physical abuse. These individuals are willing to participate in the investigation or prosecution of the respective crimes. It was established under the Victims of Trafficking and Violence Protection Act to offer protection and a pathway to residency to victims who may otherwise encounter challenges as a result of their immigration status. The qualifications and eligibility requirements for a U visa are as follows:

Victim of a Qualifying Criminal Activity

The U visa is available to individuals who have been the victims of specific illicit activities, such as:

1. Domestic violence
2. Assault involving sexual
3. Trafficking in human beings
4. Kidnapping
5. Extortion or blackmail
6. Forced labor
7. Perjury, witness interference, or obstruction of justice (if associated with specific offenses)

The offense must have been committed within the United States or violated U.S. laws. The U.S. Citizenship and Immigration Services (USCIS) maintains an exhaustive inventory of qualifying offenses.

Experienced hardship and Significant Physical or Mental Abuse

Applicants must be able to prove that the criminal activity directly caused them to experience substantial physical or mental maltreatment.

1. Medical records, psychological evaluations, police reports, or other documents that demonstrate the injury experienced may serve as evidence of abuse.
2. Statements from individuals acquainted with the applicant’s circumstances, such as social workers, therapists, or other professionals.

Assistance to Law Enforcement

Applicants for U visas must have either been or be willing to cooperate in the investigation or prosecution of criminal activity. Approval is contingent upon this collaboration. Law enforcement agencies, including police, prosecutors, judges, or other official authorities, must certify the applicant’s help by signing Form I-918, Supplement B, U Non-immigrant Status Certification. This form serves as evidence that the victim has been, is currently being, or is likely to be of assistance to law enforcement in the future.

Eligibility for admission to the United States

As is the case with the majority of visas, applicants for U visas must be admissible to the United States. Nevertheless, U visa applicants can submit Form I-192, Application for Advance Permission to Enter as a Non-immigrant, to request a waiver for specific grounds of inadmissibility, including minor criminal records or previous immigration violations. The program’s nature generally results in these exemptions being granted to U visa applicants with greater leniency.

Filing Requirements for Eligible Family Members

• For adults: Their spouse and unmarried children under 21 may be included in the application of U visa petitioners who are 21 or older.
• Minors: U visa applicants under 21 may include their spouse, children, parents, and unmarried siblings under 18.

If the primary applicant is approved, eligible family members, “derivative beneficiaries,” may also be granted U visas.

Proof of Criminal Activity and Collaboration

Applicants must submit substantial documentation to demonstrate that they were victims of a qualifying crime and have cooperated with law enforcement. This may encompass police reports, court documents, arrest records, or restraining orders.

1. Personal statements that provide a detailed account of the offense, abuse, and cooperation.
2. Affidavits or statements from other witnesses, advocates, or professionals knowledgeable about the case.

Advantages and the Path to Residency

The U visa grants eligible applicants numerous advantages:

• Temporary Legal Status: U visa recipients are permitted to remain in the United States for a maximum of four years, which may be extended under certain circumstances.
• Work Authorization: Work authorization is routinely granted to approved U visa holders, enabling them to engage in employment in the United States legally.
• Pathway to Green Card (Permanent Residency): If you have held a U visa for three years, you can apply for lawful permanent residency (green card) provided that you meet specific criteria, such as maintaining ongoing cooperation with law enforcement if necessary.

How to Apply for a U Visa

Applicants must satisfy the following requirements to apply for a U visa:

1. Complete Form I-918, Petition for U.S. Non-immigrant Status, and Form I-918, Supplement B, U.S. Non-immigrant Status Certification, which a law enforcement official must sign.
2. Submit evidence of substantial abuse, cooperation with law enforcement, and admissibility (or a waiver request).
3. Please submit the application to USCIS for review, which includes a waitlist due to the annual limit on U visas. 

Qualifications for a T Visa

The T visa is a non-immigrant visa that is granted to victims of severe human trafficking who have been brought to the United States through force, fraud, or coercion for exploitation in labor or commercial sex. This visa offers protection to victims of trafficking and a pathway to legal residency while they participate in investigations or prosecutions associated with their trafficking case. The qualifications and eligibility requirements for a T visa are summarized below:

Victim of Serious Trafficking

• Sex Trafficking: The practice of recruiting, harboring, transporting, or providing an individual for commercial sex crimes acts through force, fraud, or coercion, or if the victim is under the age of 18.
• Labor Trafficking: The recruitment, harboring, transportation, or provision of an individual for forced labor or services with the use of force, deceit, or coercion.

Applicants must demonstrate that they are victims of “severe trafficking” as defined by U.S. law, which entails being either coerced into involuntary servitude or compelled into commercial sex acts.

Physical Presence in the U.S.

As a direct consequence of trafficking, applicants must be physically present in the United States, including U.S. territories. This encompasses individuals who remain in the United States as a result of their incapacity to safely return to their home country despite having escaped a trafficking situation.

Adherence to Law Enforcement (Subject to Specific Restrictions)

Applicants must demonstrate that they have complied with reasonable requests for assistance in investigating or prosecuting their traffickers. In general, law enforcement cooperation is mandatory unless the victim is under the age of 18 or has suffered severe trauma, rendering cooperation untenable. This may involve providing statements, reporting the offense, or assisting with investigations to the best of their ability.

The consequences of being Compelled to leave the United States are Severe

Applicants must be able to prove that they would experience “extreme hardship involving unusual and severe harm” if they were compelled to leave the United States. This may encompass the risk of re-trafficking, the absence of resources for recovery, health conditions that are a consequence of the trafficking, or the lack of access to safety and support in their home country.

Admissibility Requirements or Waiver

As is the case with the majority of visas, T-visa applicants must be admissible to the United States. Nevertheless, suppose they possess specific grounds of inadmissibility (e.g., criminal history, immigration violations). In that case, they may submit Form I-192, Application for Advance Permission to Enter as a Non-immigrant, to request a waiver for these issues. Due to the vulnerabilities of trafficking victims, T visas are generally more lenient in granting waivers.

Family Members’ Eligibility

• Primary applicant Over 21: If the Applicant is over 21, they may include their spouse and unmarried offspring under 21.
• Primary applicant Under 21: If the Applicant is under 21, they may include their spouse, children, parents, and unmarried siblings under 18.

If the primary applicant is authorized, these family members, referred to as “derivative beneficiaries,” may be granted T visas.

Advantages and the Path to Residency

A T visa offers a variety of advantages to eligible victims of trafficking:

• Temporary Legal Status: The T visa permits a maximum of four years of residence in the United States, with the possibility of an extension in certain circumstances, such as ongoing investigations or prosecutions.
• Work Authorization: Work authorization is routinely granted to approved T visa holders, enabling them to engage in employment in the United States legally.
• Public Benefits Accessibility: T visa holders may be eligible for specific federal and state benefits and services, including medical care, housing support, and nutritional assistance, which can facilitate their recovery and reintegration.
• Green Card (Permanent Residency) Pathway: Upon holding a T visa for three years, recipients are eligible to petition for lawful permanent residency (a green card) provided they satisfy specific criteria, such as demonstrating ongoing compliance with law enforcement and exhibiting good moral character.

How to Apply for a T Visa

To apply for a T visa, petitioners must:

1. Complete Form I-914, Application for T Non-immigrant Status, and, if applicable, Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (although the latter is not strictly required, it enhances the application).
2. Submit evidence of compliance with law enforcement requests, injury, and trafficking.
3. Submit the application to the United States Citizenship and Immigration Services (USCIS), which will evaluate and ascertain eligibility. 

Conclusion

Humanitarian visas accommodate various requirements and demonstrate a nation’s dedication to safeguarding human rights and international security. They are a critical component of the global response to migration, displacement, and persecution, offering essential protection to individuals confronted with extreme conditions. Grounded in compassion and humanitarianism, humanitarian visas constantly evolve as new emergencies arise, compelling countries to establish new pathways through immigration law for individuals in urgent need of assistance and refuge.

Frequently Asked Questions

Is it possible to revoke a humanitarian visa?

Indeed, a humanitarian visa may be revoked if the holder violates the terms of the visa, such as failing to comply with law enforcement requirements for U or T visas or if fraud or misrepresentation is detected in the application.

What are the methods by which I can obtain assistance with my humanitarian visa application?

Given the intricacy of humanitarian visas, it is recommended that petitioners consult with certified non-profit organizations that specialize in immigration services or experienced immigration attorneys. These specialists can offer assistance, compile supporting documentation, and guarantee that all application requirements are met.

Are there expenses associated with humanitarian visas?

Most humanitarian visas require application fees; however, fee waivers may be granted in cases of financial hardship or for specific visa categories. For instance, fee waivers are permissible for VAWA self-petitions and U visa applications.

Are individuals who possess humanitarian visas eligible for public benefits?

Depending on state regulations and eligibility criteria, certain public benefits, such as medical assistance, nutritional assistance, or social services, may be available to certain humanitarian visa holders, particularly U and T visa recipients, and asylees.

What are the consequences of the denial of my humanitarian visa application?

Applicants without any other legal status may be subject to deportation if their applications are rejected. Nevertheless, petitioners are permitted to appeal or request reconsideration in specific circumstances. It is advisable to seek the advice of an immigration attorney to investigate potential alternatives, particularly in matters of complexity.

What happens if I am currently undergoing removal proceedings? Can I apply for a humanitarian visa?

Individuals undergoing removal proceedings are still eligible to apply for humanitarian visas; however, the application process may be more intricate. Applicants may be required to file for relief during the proceedings, contingent upon the circumstances. It is imperative to seek the guidance of an immigration attorney to navigate this process effectively.

What actions should I take if I encounter retaliation after applying for a humanitarian visa?

Immediately document all incidents and report them to law enforcement if you encounter retaliation or threats due to your visa application. Additionally, you may seek the aid of organizations that specialize in supporting individuals who have been victims of violence or crime. It is imperative to prioritize your safety and explore legal alternatives, such as requesting a protection order or additional immigration relief.

Can I appeal the denial of my humanitarian visa application?

Certainly, petitioners can appeal the denial of their humanitarian visa application. The appeals process entails submitting a motion to reopen or reconsider with the agency that denied the application (e.g., USCIS or the Board of Immigration Appeals). It is advisable to consult with an immigration attorney, as the specific process will depend on the type of visa and the reasons for denial.

Is it permissible to work while my humanitarian visa application is pending?

Humanitarian visa applicants are generally allowed to work once their applications are authorized. Nevertheless,

• U Visa Applicants: While the application is pending, applicants for U visas may apply for work authorization.
• T Visa Applicants: Automatic work authorization is granted upon confirmation of the T visa.
• VAWA applicants are eligible to file for work authorization after submitting their petition.

Is it possible to travel outside the United States with a humanitarian visa?

It can be challenging to travel outside the United States with a humanitarian visa:

• U and T Visa Holders: Holders are generally permitted to travel; however, they must obtain advance permission through Form I-131, Application for Travel Document, before departing the United States to prevent complications upon re-entry.
• VAWA and Asylum Applicants: Traveling is generally not advised, as it may compromise the application. Exiting the United States can be perceived as forsaking the application, particularly in pending cases.

Humanitarian Visa Attorney at Lipp Law LLC

At Lipp Law LLC, we are committed to the success of your case. We aim to offer immigration law services at a reasonable price to individuals pursuing legal status in the United States, especially in emergencies where shelter and safety are paramount. We strive to help clients navigate the complex processes and procedures of immigration law, ensuring their rights are protected on a solid legal basis. Our organization is dedicated to taking action to preserve family unity in a secure and tranquil environment. We assist with asylum merits interviews and support clients in understanding the benefits of their migration options. If you want to learn more about humanitarian visas or seek parole for specific reasons, contact Lipp Law LLC immediately to arrange a confidential consultation. We offer virtual services and welcome clients from all over the United States.