Foreign nationals who are not eligible to obtain Lawful Permanent Residency (“LPR” or “green card”) through family or employment sponsorship may be eligible to apply for temporary or permanent immigration benefits based on their nationality, experiences in their home country, victimization, or other factors. Below are some examples of these humanitarian pathways:
Asylum
This is a form of protection granted to individuals who can demonstrate a credible fear of persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group. Asylum-seekers must also show that they cannot safely relocate to another part of their home country and that the government is unwilling or unable to protect them. To be eligible, individuals must file their asylum application within one year of their arrival in the United States, although there are exceptions to this rule. Individuals granted asylee status can apply to become Lawful Permanent Residents one year later.
VAWA
Victims of domestic violence or abuse by a U.S. citizen or Lawful Permanent Resident spouse or parent may be eligible to apply for VAWA (Violence Against Women Act) and Lawful Permanent Residency. This form of relief is available to qualifying individuals who can prove the abuse and meet other eligibility requirements. Eligible applicants can sponsor themselves without needing to alert their abusive spouse that they have pursued VAWA. Although the applicant is not required to divorce their spouse, they must file the VAWA petition within two years of their divorce, if any.
U Nonimmigrant Status (“U visa”)
Victims of certain serious crimes that occurred in the United States may be eligible for a U visa if they were helpful to the investigation or prosecution of the crime and experienced psychological and/or physical harm because of the crime. U visa petitioners may be able to include their spouse, parents, children, and siblings in the application process, depending on their age. Successful U visa applicants can apply for Lawful Permanent Residency three years after the issuance of their U visa.
T Nonimmigrant Status (“T visa”)
The T visa is available to individuals who are physically present in the United States due to having been the victim of human trafficking. Applicants must show that they have complied with reasonable requests for assistance with the investigation or prosecution of the sex or labor trafficking crime. Like the U visa, T visa applicants may be able to include qualifying family members in their application.
Deferred Action for Childhood Arrivals (“DACA”)
DACA is a temporary immigration benefit available to certain individuals who came to the United States as children, who are currently enrolled in school or graduated from high school, and who meet certain physical presence requirements. The status of DACA is constantly changing, so it is important to consult with an experienced immigration attorney before applying for DACA for the first time.
Temporary Protected Status (“TPS”)
TPS is another temporary immigration benefit available to individuals from qualifying countries to which they cannot safely return. The U.S. government may designate a country for TPS due to ongoing armed conflict, an environmental disaster or epidemic, or other extraordinary and temporary conditions. The list of countries designated for TPS and each country’s eligibility criteria change frequently.
Parole
Parole, or Parole-in-Place (PIP), takes on numerous forms in immigration law and policy. For example, individuals who are outside of the United States can request parole into the United States based on urgent humanitarian reasons or based on their country of nationality. Alternatively, individuals currently in the United States may be eligible for parole if they are an immediate family member of a veteran or current member of the U.S. Armed Forces (Military PIP) or if they are married to a U.S. Citizen and have resided in the United States for at least 10 years. Parole approvals may lead to lawful entry in the United States, work authorization in the United States, and/or a pathway to apply for Lawful Permanent Residency.
Various County-Related Programs
Individuals from certain countries may be eligible for country-specific programs that offer temporary immigration benefits (i.e. Uniting for Ukraine; Processes for Cubans, Haitians, Nicaraguans, and Venezuelans). To learn if your country of nationality qualifies for a humanitarian program, please contact Kolko & Casey, P.C. to schedule a consultation.
