Humanitarian Visa Attorney in Hackensack, NJ Helping you Find a Path to Safety
Every individual deserves to live a life free of fear of persecution or danger, and for some, a visa helps to achieve this. A humanitarian-based (HB) visa allows an individual to enter the United States, sometimes even when an individual might not normally qualify in the absence of an urgent humanitarian crisis. This is often referred to as humanitarian parole and requires special filing that an immigration lawyer can assist with.
Several visas of this type also fall into the category of nonimmigrant visas. A nonimmigrant visa is meant to provide a way for foreign nationals to visit the United States on a temporary basis. While some nonimmigrant visas are meant for tourists or visiting scholars, others may also provide temporary relief to people fleeing a dangerous situation. The means of acquiring a humanitarian-based visa will depend on the type selected; an immigration lawyer will be able to help you determine what visa best suits your situation.
What Kinds of Humanitarian-based Visas are There?
There are a number of humanitarian-based visas for individuals facing oppression, disasters, or other urgent circumstances. Individuals who may otherwise be unable to enter or remain in the United States may apply for a humanitarian-based visa.
Humanitarian-based visas include visas and temporary lawful status for the following:
- U Visa: For victims of criminal activity
- T Visa: For victims of human trafficking
- S Visa: For witnesses and informants who provide information
- Asylum: For individuals seeking protection for fear of persecution
- Refugee: For individuals facing persecution while outside the U.S.
Who is Eligible for a U Visa?
The U visa is a nonimmigrant status visa for victims of crime who assist government officials and law enforcement in a criminal investigation in the related criminal prosecution or investigation. This includes victims who have suffered physical or mental abuse. The purpose of the U visa is to protect victims while helping law enforcement prosecute crimes involving domestic violence, trafficking, and sexual assault.
Who is Eligible for a T Visa?
Similar to a U visa, the T visa is a nonimmigrant status visa for victims of human trafficking who assist law enforcement in the criminal investigation in the related criminal prosecution or investigation. To be eligible for a T visa, an applicant must be a victim of trafficking, be present in the U.S. due to trafficking, demonstrate hardship, and comply with law enforcement requests in the human trafficking investigation.
Who is Eligible for an S Visa?
The S visa program is for witnesses and informants who provide critical and reliable information necessary to the investigation or prosecution of a criminal organization or qualify for a reward for providing critical and reliable information concerning a terrorist organization. The S visa may also provide admission for the spouse, parents, and children of the eligible individual.
What is Asylum? What is Refugee Status?
Asylum allows an eligible individual to remain in the United States if they have suffered past persecution or fear of future persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
Affirmative asylum applications are filed with the United States Citizenship and Immigration Services. Defensive asylum applications are filed with the Immigration Court/EOIR.
This is often confused with Refugee status. A refugee is an individual located outside the United States who demonstrates past persecution or fear of future persecution due to race, religion, nationality, political opinion, or membership in a particular social group. Refugees must sometimes flee their homes to avoid dangerous conditions, and may then be granted protection in another country.
The primary difference between an asylum seeker and a refugee is that refugee status is granted while the individual is outside of the United States, allowing the individual entry. Asylee status is often sought upon arrival, or even when the individual has already made it to the United States.
Can This Law Firm Help Me With a Humanitarian-based Visa?
Hiring an attorney for your humanitarian immigration case If you have any questions about humanitarian visas and humanitarian parole, please contact the Law Office of Nita Kundanmal today by calling (201) 883-9800. Our firm is equipped to handle all aspects of humanitarian-based immigration cases in New Jersey and New York and throughout the United States.