Humanitarian-based immigration refers to the more compassionate and kind areas of U.S. Immigration Law that are designed to help individuals in need of special protection or assistance.
Humanitarian immigration programs include:
- Asylum – Asylum is for people who have fled from persecution in their home country. If granted, Asylees can apply for employment authorization, U.S. social security card, lawful permanent residency (after one year), and apply for certain family members to join them.
- VAWA – VAWA is for certain victims of domestic violence. It provides a way for abused spouses, children, and parents of U.S. citizens (and spouses and children of lawful permanent residents) to apply for Green Cards on their own without their abuser’s knowledge.
- U Status – U Status or U Nonimmigrant Visas are for certain victims of crimes committed in the United States. They are granted for a period of four years. U Visa holders can apply for a Green Card after living continuously in the United States for a period of three years as U Visa Holders.
- T Status – T Status or T Nonimmigrant Visas are for victims of trafficking. They are granted for a period of four years. T Visa holders can apply for a Green Card after living continuously in the United States for a period of three years as T Visa Holders.
- DACA – DACA is for children who have grown up in the United States without lawful status. DACA recipients can apply for work authorization and advance parole in order to travel outside of the United States.
- SIJS – SIJS is for children who are in the United States and who have been abused, abandoned, or neglected by a parent. Individuals with Special Immigrant Juvenile Status can apply for a Green Card as long as an immigrant visa or immigrant number is available.
- TPS – TPS is for people who cannot return home due to certain conditions in their home country that make it unsafe. TPS does not lead to lawful permanent resident status on its own, but it does allow individuals to remain and work in the United States throughout the programs designated dates. A TPS recipient may also apply for advance parole in order to travel outside of the United States.
- Parole in Place – Parole in Place is a program that allows members of the U.S. armed forces to apply for certain family members to be allowed to stay and work in the United States. Parole in Place gives the recipients a “lawful admission” that may make it possible for them to apply for a Green Card based on a family petition.
- Humanitarian Parole – Humanitarian Parole is used to request entry to the United States based on an urgent humanitarian or significant public benefit reason. This process may be used by Afghan nationals trying to leave Afghanistan at this time as well as other individuals of other nationalities based on their particular circumstances.
Explore the various facets of humanitarian immigration programs in the United States with this detailed guide, covering Asylum, VAWA, U Status, T Status, DACA, SIJS, TPS, Parole in Place, and Humanitarian Parole, along with their respective eligibility criteria, application processes, and potential routes to lawful permanent residency.
Seeking Asylum in the United States
Who can seek Asylum in the United States?
People who are already in the United States can apply for Asylum to remain and work in the country.
Asylum is granted to individuals who are afraid of returning to their home country because they believe they will be persecuted due to their race, nationality, religion, membership in a particular social group, or political opinion.
How to Apply for Asylum
There are two ways in which people apply for asylum.
Some people come to the United States and ask for asylum at the U.S. border. When they do this, they are usually placed in immigration proceedings. These applicants must submit their Asylum application to the Immigration Court for the Immigration Judge to make a decision on their case.
This process is called a Defensive Asylum Application because a person must defend themselves in immigration court. They must prove to the Immigration Judge that they are eligible for Asylum.
Other people may already be in staying in the United States when they realize it is no longer safe for them to return home. These individuals (those who have not been placed in immigration court proceedings) can apply for Asylum through the United State Citizenship and Immigration Services (USCIS) office.
This process is called an Affirmative Asylum Application. This process is different than defensive asylum because the applicant can apply through USCIS and their application is decided by an USCIS officer rather than an Immigration Judge.
One Year Filing Deadline for Asylum Application
The Asylum application is submitted on Form I-589, Application for Asylum and for Withholding of Removal.
Asylum applicants must submit their I-589 to the U.S. government before they have been in the U.S. for one year or more unless they qualify for an exception to this requirement.
That means that their I-589 must be received by the U.S. government before the applicant has been in the United States for a year or more, not that they mailed their application before that time – that will not be enough.
This one-year filing deadline is very important to understand because it is difficult to qualify for an exception to the Asylum one year filing requirement.
Unaccompanied Minor Asylum Applicants
In addition to the two usual processes described above, there are special application rules for Asylum applications of children who come into the United States unaccompanied by an adult.
Benefits of Asylum
If Asylum is granted, the Asylee can apply to work in the United States and apply for Immigration Benefits for their spouse and children (unmarried and under the age of 21).
Once an individual has lived in the United States as an Asylee for one year, they may be eligible to apply for a Green Card.
An Asylee can eventually become United States citizens if they maintain their lawful permanent residency for five years.
Can I travel with Asylum?
After being granted Asylum, a person may apply for a refugee travel document that would allow them to travel outside of the United States temporarily and return to their Asylee status.
An Asylee should not leave the United States without an approved refugee travel document. If they leave without it, they may not be able to return to the United States.
Additionally, Asylee applicants should be careful if they intend on traveling back to their home country. If USCIS sees that you are traveling back to the country from which you sought protection in the United States, they may decide you no longer need Asylum status and take it away.
An Asylee can apply for a refugee travel document by submitting a Form I-131 Application for Travel Document to USCIS.
How long does the Asylum process take in the United States?
Despite government intentions to make decisions on Asylum applications within 6 months, it can take several years to get Asylum in the United States. This is because of the tremendous backlog of cases.
Every Asylum applicant must attend an Asylum Interview to go over their application with an Immigration Officer before a decision can be made on their case. Many applicants have been waiting for years to get this interview appointment.
In the meantime, Asylum applicants can apply for a work card to allow them to work in the United States while their Asylum application is pending.
Asylum applicants must wait 180 days until their work card application can get approved, but they can submit their I-765 Work Card application before that when their Asylum application has been pending for 150 days. Work Card applications submitted to the government before the 150-day waiting period may get rejected by the government.
Asylum applicants can continue to renew their work authorization after their initial approval until a decision is made on their Asylum application.
How to Apply for Asylum in Atlanta, Georgia
The process to apply for Asylum in Atlanta, Georgia is similar to that of other states.
Regardless of what state you reside, you should always check the application filing addresses on the USCIS website for your particular state. This is because the address where you will need to submit your Asylum application varies by state.
Another issue to watch out for when you submit your I-589 application is whether you need to submit your application with the immigration court (Executive Office for Immigration Review- EOIR) or whether you can submit it with USCIS.
When you been given an A-number, it may be that you have immigration court proceedings pending. If that is the case, you may not be able to submit your application with USCIS. You would have to submit it to the immigration court where your application is pending.
In Georgia, there are two immigration courts located in Atlanta and a third immigration court located in Lumpkin, Georgia. This third court is primarily for individuals who are detained by ICE.
It is best to speak to an Immigration Lawyer before you submit your application because if you get the filing address wrong and delay your application, you might miss the one-year filing deadline and then miss your chance of applying for Asylum completely.
An Atlanta Asylum Lawyer can assist you with your Asylum application with USCIS and attend your Asylum interview with you at the Atlanta USCIS Field Office.
Violence Against Women Act (VAWA)
VAWA refers to the protections set forth in the Violence Against Women Act. Although the title says, “women,” this program is designed to help individuals regardless of their sex or gender. The program protects certain spouses, children, and parents who have been the victim of domestic violence or family abuse.
In March 2022, the President reauthorized all current VAWA grant programs until 2027. This means that VAWA remains funded by the government and its protections are still available to 2022 VAWA applicants and beyond.
What does VAWA do for Victims?
VAWA provides victims a way to apply for Immigration Benefits that they may not otherwise have access to if they are relying on an abusive family member.
In the absence of abuse, family members can obtain Green Cards based on petitions submitted by their United States citizen or Lawful Permanent Resident family members.
If that petitioning family member is abusive, they could use this power in immigration to control or manipulate the immigrant relative.
For this reason, the United States created VAWA to allow these abused family members to apply for a Green Card or other Immigration Benefit on their own without the knowledge of their abuser.
Who Qualifies for VAWA?
To qualify for VAWA, you must first have a qualifying relationship with either a Lawful Permanent Resident or United States citizen. This means that you must be one of the following:
- Spouse, Parent or Child (unmarried and under the age of 21) of a United States citizen.
- Spouse or Child (unmarried and under the age of 21) of a Lawful Permanent Resident
Special Note: You may still qualify for VAWA even if you are no longer married to the abuser as long as you have not been divorced for over two years and the termination of your marriage was because of the abuse you suffered in the relationship.
Additionally, a Spouse of a Lawful Permanent Resident or United States citizen may qualify for VAWA when the abuse is directed toward their child rather than themselves.
Lastly, if the abuser lost or renounced their status as a United States citizen or Lawful Permanent Resident because of the domestic violence, the abused family member may still qualify for VAWA as long as the application is submitted within two years of the loss of status.
Qualifying Factors for VAWA
After this relationship has been established, there are additional eligibility requirements to qualify for VAWA. To qualify for VAWA, you must meet the following requirements:
- You were subjected to battery or extreme cruelty by the United States citizen or Lawful Permanent Resident family member (or you are a Spouse of a USC or LPR and your child was subjected to battery or extreme cruelty by your USC or LPR spouse)
- You are residing or have resided in the past with your USC or LPR family member
- You are a person of good moral character
- You are living in the United States at the time of submitting your I-360 VAWA application (with limited exceptions)
If applying as a Spouse, you must show that your marriage with the abuser was entered into in good faith. That basically means that your marriage was real and not a fraudulent one for immigration purposes.
The rules for VAWA can get confusing when it comes to re-marriage, the validity of a marriage, divorce, loss of United State citizen or Lawful Permanent residence, and more. You may qualify or fail to qualify for VAWA without fully understanding the immigration laws in this area. It is best to speak to an Immigration Attorney if you believe you may be eligible for VAWA.
Understanding the Extreme Cruelty and Good Moral Character Requirements for VAWA
These are the basic eligibility requirement to qualify for VAWA.
You may not realize that you are the victim of extreme cruelty or perhaps you need help determining if you meet the good moral character requirement for VAWA.
In this case, it is best to speak to an Immigration Lawyer before you submit your application, but below are a few examples to give you an idea of what the government considers for VAWA.
Extreme Cruelty:
You may be a victim of extreme cruelty when your spouse or family members threatens you with deportation; your spouse or family member controls your social, financial, or home life; your spouse or family member physically harms you or threatens to harm you; your spouse or family member belittles you or insults you regularly; or your spouse or family member detains or forces you to have sex with them without your consent.
Good Moral Character:
You may have good moral character issues that could disqualify you for VAWA if you have committed certain immigration offenses in your past such as lying about your immigration status to an Immigration Officer. You may not be eligible for VAWA if you have committed certain criminal offenses. For example, several DUI offenses could be a problem.
For most applicants, you will be required to submit a local police clearance or state-issued criminal background check for every place you have lived for six months or more within the last three years prior to submitting your VAWA application to meet the good moral character requirement.
If you have an issue showing Good Moral Character, there may be a special VAWA exception available to you to overcome the offense. You may qualify for an exception if you can show there is an Immigration Waiver available for the offense and that the act you committed was connected to the abuse.
Can I Qualify for VAWA with an Illegal Entry?
You may still qualify for VAWA if you entered the United States illegally, but you should speak to an Immigration Attorney prior to submitting your application, because whether you can still qualify for VAWA with an illegal entry will be determined by additional factors related to how you entered the United States and your full immigration history.
What is Form I-360 and What Does an Approval of Form I-360 Mean for Victims of Abuse?
Form I-360 is the USCIS form used to apply for protection under VAWA. When you meet all of the above-mentioned qualification requirements, you may submit your I-360 VAWA Application with USCIS.
The I-360 Form is used for several other types of immigration applicants as well so it may seem confusing, but it is the correct form to submit an application for protection under VAWA. When you submit an I-360 Application as a VAWA applicant, you are considered a VAWA Self-Petitioner.
This is because you are petitioning for an Immigration Benefit on your own without going through the usual process of having your family member petition for you.
If your I-360 VAWA Self-Petition is approved, you may be eligible to apply for a Green Card. Many applicants can submit their I-360 VAWA Application at the same time as an I-485 Green Card Application.
Some applicants have to wait to submit their I-485 Green Card Application at a later time because they have to wait until a visa number is available for them to apply for Adjustment of Status in the United States. This may be the case if your abuser is a Lawful Permanent Resident.
Note: Form I-360 is also used for unmarried children under the age of 21 to apply for Special Immigrant Juvenile Status (SIJS). SIJS is similar to VAWA in the type of protection is offers such as deferred action, work authorization, and adjustment of status for eligible applicants. SIJS is for children who have been neglected, abandoned, or abused by one or both parents.
The process for SIJS is special in that it requires an order from a State Juvenile Court before a person can proceed with the immigration process. It is best to speak to an Immigration Attorney if you believe you may be eligible for protection under SIJS.
Can I get a Work Permit or Work Authorization with VAWA?
Some applicants may not be eligible to apply for a Green Card with USCIS despite getting their VAWA application approved.
This may be the case if they have a removal order in their past or they have committed certain immigration offenses for which there is no special VAWA Waiver of Inadmissibility available. In this case, the approved I-360 may be used to apply for deferred action and work authorization to be allowed to remain and work in the United States.
VAWA Green Card Process
If a VAWA applicant has a removal order in their past, they may not be able to adjust their status (apply for a Green Card) through USCIS until they get their removal proceedings reopened to dismiss the Removal Order.
If a VAWA applicant is currently in removal proceedings, they may be able to adjust their status (apply for a Green Card) through the Immigration Judge.
VAWA Green Card applicants who are applying through the USCIS office will have to attend a Green Card Interview at USCIS in order to adjust their status to that of a Lawful Permanent Resident. However, they should not have to discuss the VAWA details of their case.
VAWA is a protected application. There are special Immigration Officers who make the decision on VAWA applications. The Green Card Interview Officer is not one of these special officers and should not ask any questions related to the abuse you suffered in order to approve your Green Card.
VAWA Cancellation or Removal and I-751 Battered Spouse Exception
There are other areas of law in which VAWA protections are important.
VAWA Cancellation of Removal is used for Applicants who are in immigration court proceedings and are seeking to remain in the United States as Lawful Permanent Residents.
VAWA Cancellation of Removal opens up VAWA protections to more applicants since the requirements are less strict than for VAWA Adjustment of Status.
The I-751 Battered Spouse Exception is another VAWA protection used to remove the conditions on a two-year Conditional Green Card. This provision of law allows applicants to remove the conditions on their Green Card when they can show they have been the subject of battery or extreme cruelty in their marriage.
VAWA and U.S. Citizenship
VAWA Self-Petitioners who become Lawful Permanent Residents may later apply for Naturalization to become a United States citizen.
Abused spouses of United States citizens may be eligible to apply for U.S. citizenship after maintaining their Lawful Permanent Residency for three years.
Other VAWA Self-Petitioners generally have to wait for a period of five-years before they can apply for U.S. citizenship.
How to Apply for VAWA in Atlanta, Georgia
You may want to consider speaking to an immigration attorney to assist you with your VAWA application here in Georgia. They will make sure you are eligible for protection under VAWA, submit your application to the government on your behalf, and attend your Green Card Interview with you at the Atlanta USCIS Field Office.
A VAWA Immigration lawyer is most familiar with the protections available to you under the Violence Against Women Act. They will fight to make sure your rights are protected whether you are applying in Atlanta, Georgia or elsewhere.
Immigration attorneys understand the importance of keeping your case confidential and a secret from your abuser and will make sure USCIS does not forget this important measure of your safety. They understand the trauma you may have experienced in your relationship and will ensure USCIS does not forget this by asking you inappropriate questions at the time of your Green Card Interview.
There are additional local resources in Georgia that may be helpful for your particular situation. One such resource is Ser Familia, a non-profit organization dedicated to the wellbeing of the Latino community.
Ser Familia has locations in Kennesaw, Norcross, College Park, Smyrna, and Suwanee. They have a program called Georgia Latinos Against Domestic Violence through which they assist victims of domestic violence. They have an Immigration Attorney to help eligible individuals apply for VAWA, U Visas, and T Visas.
You can find out more about their program here:
T Nonimmigrant Status and U Nonimmigrant Status
T Nonimmigrant Status and U Nonimmigrant Status are forms of Lawful Immigration Status created for certain victims of crime.
They may also be referred to as a T Visa or U Visa. The meaning is essentially the same. However, if you are outside of the United States, you will use a T Visa or a U Visa to enter the United States and after you arrive in the United States you will be considered to have T Nonimmigrant Status or U Nonimmigrant Status.
The T Visa and the U Visa are considered a Nonimmigrant Status because they offer temporary residence in the United States. They are a form of a humanitarian visa.
A person who obtains U Nonimmigrant Status or T Nonimmigrant Status will be authorized to reside in the United States for a period of four years.
Both visas are for victims of crime, but the type of crimes for which they offer protection are different.
The T Visa is for victims of trafficking.
The U Visa is for victims of other crimes committed in the United States such as domestic violence, felonious assault, sexual assault, and more.
The T Visa and U Visa offer a way to U.S. citizenship because individuals can apply for a Green Card after continuously residing in the United States as T Nonimmigrant or U Nonimmigrant for a period of three years. Once a Green Card holder, they may be able to apply for U.S. citizenship after a period of five years.
Who is Eligible for a U Visa or a T Visa
To qualify for a U Visa or T Visa, a person must meet certain eligibility requirements.
First, the applicant must be a victim of a crime.
For the T Visa, the applicant must have been a victim of a severe form of trafficking such as sex trafficking or labor trafficking.
To qualify for a U Visa, the applicant must have been a victim of the following crimes:
Abduction; Abusive Sexual Contact; Blackmail; Domestic Violence; Extortion; False Imprisonment; Female Genital Mutilation; Felonious Assault; Fraud in Foreign Labor Contracting; Hostage; Incest; Involuntary Servitude; Kidnapping; Manslaughter; Murder; Obstruction of Justice; Peonage; Prostitution; Rape; Sexual Assault; Sexual Exploitation; Slave Trade; Stalking; Torture; Trafficking; Witness Tampering; Unlawful Criminal Restraint; and other related crimes.
Next, an individual must show that they were helping in the criminal investigation of the crime in order to qualify for a U Visa or T Visa.
For the U Visa, the applicant must obtain a law enforcement certification on Form I-918B from the police department that handled the criminal investigation of the crime. This police certification is sometimes referred to as a U Certification. It is required to show that the applicant was helpful in the investigation of the crime.
The U Certification expires within 6 months from the date it is signed. It if is expired, it can no longer be used to qualify someone for a U Visa.
It is important to keep this deadline in mind when applying for U Nonimmigrant Status. This law enforcement certification is helpful to qualify for a T visa as well, but it is not required as it is in a U Visa application.
Then, there are qualifications related to where the crime occurred and where the applicant is located.
For the U Visa, the applicant must show that the crime occurred in the United States or violated U.S. laws.
For the T Visa, the applicant must show that the applicant is physically present in the United States to qualify for the Nonimmigrant Status.
Another qualifying factor relates to the type of harm the applicant has suffered or will suffer in the future.
For the U Visa, the applicant must show that they suffered substantial physical or mental abuse as a result of the crime.
For the T Visa, the applicant must show that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States.
The last qualifying factor for the T Visa and the U Visa is that a person must be admissible to the United States. This means that they must not have any immigration or criminal offense in their background that would make them ineligible to enter the United States.
However, if they do have an issue in their past that makes them inadmissible, they may be eligible to apply for an Immigration Waiver to forgive the offense.
Immigration Waiver Available for U Visa and T Visa Applicants
The Immigration Waiver available to U Visa and T Visa applicants is one of the best waivers available for immigrant applicants. It covers a large amount of immigration and criminal offenses.
For example, the T and U Visa Waiver can even overcome the permanent bar to admissibility related to when a person departs the United States after accumulating a year of unlawful presence from the United States and then returns to the country without being inspected and admitted or paroled. The permanent bar is otherwise extremely difficult to overcome.
When a person requires a Waiver of Inadmissibility to qualify for a U Visa or T Visa, they will use Form I-192 and submit supporting documentation that shows why they should be granted the waiver such as their good moral character, family ties to the United States, and other factors.
How Do You Apply for a U Visa or a T Visa?
The process to apply for the U Visa and the T Visa are slightly different. For the U Visa, a person must obtain a signed Form I-918B from law enforcement before submitting the U Visa application to USCIS.
Once the signed Form I-918B has been obtained, the applicant can proceed with their U Visa application on Form I-918. They can include additional family members by submitting Form I-918A.
If the applicant requires a waiver, they will also need to submit Form I-192 with the relevant filing fee (unless they qualify for a fee waiver).
To apply for a T Visa, the applicant does not need to obtain a law enforcement certification, although it would certainly be helpful for their case.
A T Visa applicant submits their application for T Nonimmigrant Status on Form I-194. They can include additional family members on Form I-194A.
A person can apply for a U Visa and T Visa through USCIS while they are in immigration court proceedings, but it may be helpful to hire the assistance of an Immigration Attorney to navigate the Immigration Court Hearings while the U Visa or T Visa application is pending.
The Special U Visa Process
Because there is a cap on the number of U Visas available for a given year, there is a long backlog of applications pending with USCIS.
This means that the U Visa application can take excruciatingly long, often several years.
To combat this long wait period, USCIS has created interim benefits for U Visa applicants. This means that the U Visa application will go through a few stages.
U Visa Bona Fide Determination
First, the application may get a Bona Fide Determination.
This means that USCIS recognizes that the applicant has a legitimate claim to U Status. If an applicant gets a Bona Fide Determination, they are eligible for work authorization and deferred action for a period of four years.
Deferred actions means that the government will not pursue removal proceedings against them for that period of time unless they commit certain criminal violations that forfeits their deferred action status.
U Visa Waiting List
Next, the U Visa applicant may be put on a waiting list. This is when USCIS has determined that they meet the eligibility requirements for U Status but no U Visa is currently available to provide to them. Again, an applicant is then eligible for work authorization and deferred action for a period of four years.
U Visa Approval
Lastly, when a U Visa becomes available, the applicant will receive U Nonimmigrant Status. Once they have U Nonimmigrant Status, they will be able to apply for a Green Card after continuously residing in the United States as a U Nonimmigrant for three years.
Can You Get U.S. Citizenship through U Status or T Status?
It may take a long time, especially for U Visa applicants, but eventually a person may become eligible for U.S. citizenship through Naturalization if they obtained their Green Card through U Status or T t Status.
Once the U Visa or T Visa holder obtains a Green Card, they are just like any other Green Card holder and they may be eligible for U.S. Citizenship after maintaining their Lawful Permanent Residency for a period of five years.
Applying for a U Visa or T Visa in Georgia
The filing address for Georgia U Visa applicants is related to the state in which they reside. Applicants should check the USCIS webpage for the Form I-918 to determine the correct address to submit their application.
The filing address for Georgia T Visa applicants is going to be the same for all applicants regardless of the state in which they reside. This filing address can change. It is best to check the USCIS webpage for the Form I-914 before submitting your T Visa application with USCIS.
There should not be an interview to get approved for U Status or T Status. However, the Department of Homeland Security can investigate any application they think may be fraudulent.
If you need assistance in submitting an application for U Status or T Status here in Georgia, you may want to reach out to a local Atlanta Immigration Lawyer. They will be able to determine your eligibility, whether you can include additional family members on your application, and assist you with any issues of inadmissibility.
DACA and TPS for Immigrants
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) are similar forms of Immigration Protection.
They both provide a temporary status that enables someone to work and remain residing in the United States throughout the duration of the status.
Who Qualifies for TPS?
To qualify for TPS, a person must be a national of a specific country that is designated for TPS.
They must submit their application during the particular initial registration or re-registration period and must have been continuously present in the United States since the effective date of the most recent designation date of their specific country (unless they qualify for an exception).
The current countries covered under Temporary Protected States are Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Syria, Somalia, Sudan, South Sudan, Ukraine, Venezuela, and Yemen. This list could change. To learn of the most current TPS designated countries, please visit the USCIS website here:
https://www.uscis.gov/humanitarian/temporary-protected-status
A person will be disqualified from TPS eligibility if they have been convicted of a felony or two or more misdemeanors in the United States. They will also be ineligible for TPS if they have committed certain non-waivable or security related grounds of inadmissibility.
Who Qualifies for DACA?
To Qualify for DACA at this time, a person must have previously been granted DACA. This is because USCIS is only granting DACA renewal applications. They cannot grant initial DACA applications at this time.
If you are someone who never applied for DACA, you may want to speak to an Immigration Attorney about alternative applications such as SIJS, U Visas, Humanitarian Deferred Action, and more.
Can I Travel with DACA or TPS?
DACA recipients and TPS holders may apply for Advance Parole to allow them to travel outside of the United States.
A person can apply for Advance Parole with USCIS using Form I-131. If a person travels with Advance Parole, they should be paroled into the United States upon their return.
This is considered a lawful entry that could open up additional immigration benefits depending on other circumstances such as a family relationship with a United States citizen.
It is important to speak to an Immigration Attorney prior to leaving the United States. This is because there could be an immigration or criminal issue in your past that could get you in trouble upon departing the United States.
A removal order is one such issue that could cause trouble if you leave the United States.
Applying for DACA and TPS
These two types of applications have different windows for applying or re-applying. It is important to check the current USCIS policy and application windows before submitting an application to USCIS.
The form to apply for DACA is called an I-821D. The form to apply for TPS is called Form I-821.
The instructions for each form and the current filing fees are listed on the USCIS website. If you are unclear about the current status of the DACA or TPS program, speak to an Immigration Attorney to learn more.
Parole in Place and Humanitarian Parole
Parole in Place and Humanitarian Parole are similar in that they parole individuals into the United States based on compelling factors.
It is a special type of parole offered to people who are already in the United States.
Humanitarian Parole refers to allowing someone to enter the United States for an important reason.
Parole in Place
Parole in Place is a program designed for certain family members of the U.S. military.
It was created to help individuals who came to the United States without authorization obtain parole in order to stay in the United States for a certain amount of time.
The permission to stay may be temporary, but the grant of parole opens up the opportunity to apply for a Green Card if the individual is an immediate relative of a United States citizen.
To be eligible for Parole in Place, you must be the spouse, widow(er), parent, son, or daughter or an active member of the U.S. armed forces, a member of the selected reserve, or a military veteran who served in active duty or the selected reserve.
To apply for Parole in Place, you will need to submit Form I-131 with proof of your relationship to the U.S. military member.
If you’d like to learn more about the Parole in Place program, you can visit the USCIS website here:
Humanitarian Parole
A person may be eligible for Humanitarian Parole if they can show the U.S. government that they are in the midst of an emergency situation and there is a humanitarian or significant public benefit to letting them in the country.
This could be if someone needed to come to the United States to donate an organ for example, or perhaps to assist a terminally ill family member. Other examples include coming to the United States to attend a funeral or tie up the legal affairs of a deceased family member.
Perhaps you need to come to the country to receive medical treatment or participate in legal proceedings. For these types of scenarios, you could apply for humanitarian parole to come to the United States for a temporary period of time.
Sometimes, people who are granted humanitarian parole are able to obtain a temporary work permit as well.
The parolee may be able to extend their stay by requesting re-parole. To apply for Humanitarian Parole, you will need to use Form I-131. You will either need a financial sponsor or be able to show that you are financially self-sufficient. This is done by submitting a Form I-134 Declaration of Financial Support.
Humanitarian Parole is not meant to be used for any purpose or in place of other lawful means of coming to the United States.
It is a last resort type of application available generally only after other means have been exhausted or if no other means are available to come to the United States. It is considered a humanitarian immigration benefit, one meant to help individuals in need when other options are not available to them.
Additional Humanitarian Programs
There are additional humanitarian applications and exceptions to the typical immigration process, but the above-mentioned applications are the primary examples of the larger humanitarian programs available in the United States.