TPS established a safe haven in the U.S. for nationals of foreign state (or if stateless of person habitually resided in the foreign state) if the AG, after consultation with appropriate government agencies, determines with respect to that foreign state that:
there is an ongoing armed conflict within the state posing a serious threat to the personal safety of the country’s national if retuned there
there has been an earthquake, flood, drought, epidemic or other environmental disaster resulting in a substantial disruption of living condition in the area affected; the foreign state is unable temporarily to handle the return of its nationals and the foreign state has affirmatively requested designation
there exists extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals from returning safely.
Humanitarian Parole, INA §212(d)(5)(A)
Humanitarian parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency.
The Secretary of the Department of Homeland Security (DHS) may temporarily parole any alien applying for entry into the United States based on urgent humanitarian reasons or significant public benefit. Humanitarian parole is granted on a case-by-case basis, at the discretion of the Secretary of DHS.
Humanitarian Reinstatement, INA §213A(f)(5)
After the death of a petitioner a visa filed on your behalf in the past may still be valid. The petition is automatically revoked pursuant to federal regulations when the petitioner in a family based petition passes away. However, pursuant to the same federal regulations, the Attorney General may in his discretion reinstate the approval of a family based visa. The Attorney General may exercise favorable discretion where “for humanitarian reasons revocation would be inappropriate.” 8 C.F.R. Sec. 205.1(a)(3)(i)(C). Such an exercise of discretion is not automatic; it requires the beneficiary to affirmatively request and document why such humanitarian relief should be granted. Such a request is known as “humanitarian reinstatement.”
The U Visa is available to certain victims of crimes. The U Visa allows temporary legal status and work eligibility in the United States for up to four years. The U Visa is a non immigrant visa available to 10,000 people per year.
An applicant must show:
She or he has suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity
Possesses credible and reliable in that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based
Has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity; and
The qualifying criminal activity occurred in the U.S., in U.S. territories or possessions, or violated a U.S. federal law that provides for extraterritorial jurisdiction
Qualifying Criminal Activity (one or more of the following or any similar activities in violation of federal, state, or local criminal laws:
Female genital mutilation
Obstruction of justice
Rape sexual assault
Unlawful criminal restraint
Attempt, Conspiracy or solicitation
T Visas; INA § 101(a)(15)(T)
T Visa allows certain victims of human trafficking to remain in the United States if they agree to assist law enforcement in testifying against the perpetrators. A total of 500 T visas are available per year.
T Visas are available to persons who:
who have been subject to severe trafficking (the use of force, fraud, or coercion for sex trafficking or involuntary servitude, peonage, debt bondage, or slavery)
who are physically present in the U.S.
who are physically present in the U.S.
who the Attorney General and the Secretary of DHS agree have complied with a reasonable request by Federal, State or Local law enforcement authorities to assist in the investigation or persecution of such trafficking or in the investigation of crimes where acts of trafficking are at least one central reason for the crime; and
who would suffer extreme hardship involving unusual and severe harm upon removal
Laws that Enacted Provisions for Victims of Domestic Violence
Violent Crime Control and Law Enforcement Act of 1994
Victims of Trafficking and Violence Protection Act of 2000
Torture Victims Relief Reauthorization Act of 2003
Trafficking Victims Protection Reauthorization Act of 2003
Violence against Women and DOJ Reauthorization Act of 2005
San Diego Tel: 619.955.2024
East Los Angeles Office
5601 E. Beverly Blvd.
Los Angeles, CA 90022
San Diego Office
402 West Broadway, Suite 400
San Diego, CA 92101
No Attorney-Client Relationship Created by Use of this Website. You may not use this website to provide confidential information about a legal matter of yours to the Firm.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.