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Humanitarian Relief
/ Immigration overview
Humanitarian relief in immigration refers to a set of immigration options and protections available to individuals facing compelling humanitarian circumstances, often involving serious threats to their safety, well-being, or human rights. These relief options are designed to offer protection to individuals who may not qualify for traditional immigration pathways but have unique and compelling reasons to be allowed to stay in the host country, such as the United States.
1. Temporary Protected Status (TPS).
What is Temporary Protected Status?
Temporary Protected Status (TPS) is a humanitarian immigration program in the United States that provides temporary relief to foreign nationals who are unable to safely return to their home countries due to conditions such as armed conflict, natural disasters, or other extraordinary and temporary circumstances. TPS allows eligible individuals to live and work in the United States for a limited period and shields them from deportation.
Who is eligible for TPS??
To be eligible for TPS, individuals must meet specific criteria, including being a national of a designated TPS country, having continuously resided in the U.S. since a specific date, and meeting other requirements set forth by the U.S. government.
What countries are designated TPS countries?
TPS is granted to individuals from countries designated by the U.S. government due to conditions that make it unsafe for their return, such as armed conflict, natural disasters, or other extraordinary events. The Department of Homeland Security (DHS) makes these designations based on country-specific conditions. Here you can find the most recent list of TPS designated countries: https://www.justice.gov/eoir/temporary-protected-status.
What are the benefits of TPS?
TPS recipients receive temporary protection from deportation, employment authorization, and the ability to apply for travel authorization to leave and reenter the U.S. TPS beneficiaries are also eligible for Social Security and can obtain a driver's license in many states.
What is the duration of TPS Status?
TPS status is granted for a specific period, which is determined by the U.S. government and can be extended as needed based on the conditions in the designated country. TPS beneficiaries must regularly reapply to maintain their status.
Am I eligible for work authorization?
TPS beneficiaries are eligible to work in the United States during the period of their TPS status. They can apply for an Employment Authorization Document (EAD) to legally work in the U.S.
Do I need to re-register for TPS once re-registration period open?
TPS beneficiaries must re-register during specific periods announced by the U.S. government to maintain their TPS status. Failure to re-register can result in the loss of TPS protection.
Can I obtain a green card?
In some cases, TPS beneficiaries may be eligible to adjust their status to lawful permanent residency (obtain a green card) based on another qualifying family relationship or employment opportunity.
How Kananchuk Law Office can help you with TPS?
TPS eligibility criteria can be complex and may include specific continuous residence and physical presence requirements. Some applicants may have unique circumstances that require additional explanation or evidence. Our experienced attorney can help you assess your eligibility and gather the necessary documentation to demonstrate your qualifications. TPS regulations and designated countries can change over time, impacting who is eligible to apply. Our experienced attorney can provide guidance on the latest TPS policies and keep you informed about any updates or changes that may affect your application.
While legal representation is not mandatory for TPS applications, the assistance of our immigration attorney can help ensure that your application is prepared accurately and efficiently, increasing your chances of success and making the process less stressful. It is particularly important to seek legal guidance if you have complex circumstances or questions about your eligibility for TPS.
Temporary Protected Status (TPS) is a humanitarian immigration program in the United States that provides temporary relief to foreign nationals who are unable to safely return to their home countries due to conditions such as armed conflict, natural disasters, or other extraordinary and temporary circumstances. TPS allows eligible individuals to live and work in the United States for a limited period and shields them from deportation.
Who is eligible for TPS??
To be eligible for TPS, individuals must meet specific criteria, including being a national of a designated TPS country, having continuously resided in the U.S. since a specific date, and meeting other requirements set forth by the U.S. government.
What countries are designated TPS countries?
TPS is granted to individuals from countries designated by the U.S. government due to conditions that make it unsafe for their return, such as armed conflict, natural disasters, or other extraordinary events. The Department of Homeland Security (DHS) makes these designations based on country-specific conditions. Here you can find the most recent list of TPS designated countries: https://www.justice.gov/eoir/temporary-protected-status.
What are the benefits of TPS?
TPS recipients receive temporary protection from deportation, employment authorization, and the ability to apply for travel authorization to leave and reenter the U.S. TPS beneficiaries are also eligible for Social Security and can obtain a driver's license in many states.
What is the duration of TPS Status?
TPS status is granted for a specific period, which is determined by the U.S. government and can be extended as needed based on the conditions in the designated country. TPS beneficiaries must regularly reapply to maintain their status.
Am I eligible for work authorization?
TPS beneficiaries are eligible to work in the United States during the period of their TPS status. They can apply for an Employment Authorization Document (EAD) to legally work in the U.S.
Do I need to re-register for TPS once re-registration period open?
TPS beneficiaries must re-register during specific periods announced by the U.S. government to maintain their TPS status. Failure to re-register can result in the loss of TPS protection.
Can I obtain a green card?
In some cases, TPS beneficiaries may be eligible to adjust their status to lawful permanent residency (obtain a green card) based on another qualifying family relationship or employment opportunity.
How Kananchuk Law Office can help you with TPS?
TPS eligibility criteria can be complex and may include specific continuous residence and physical presence requirements. Some applicants may have unique circumstances that require additional explanation or evidence. Our experienced attorney can help you assess your eligibility and gather the necessary documentation to demonstrate your qualifications. TPS regulations and designated countries can change over time, impacting who is eligible to apply. Our experienced attorney can provide guidance on the latest TPS policies and keep you informed about any updates or changes that may affect your application.
While legal representation is not mandatory for TPS applications, the assistance of our immigration attorney can help ensure that your application is prepared accurately and efficiently, increasing your chances of success and making the process less stressful. It is particularly important to seek legal guidance if you have complex circumstances or questions about your eligibility for TPS.
2. Violence Against Women Act (VAWA)
VAWA allows victims of domestic violence, including spouses and children of abusive U.S. citizens and lawful permanent residents, to self-petition for green cards.
What is VAWA?
The Violence Against Women Act (VAWA) is a U.S. federal law that was initially enacted in 1994 and has been reauthorized and amended several times since then. VAWA is designed to provide protection and support to victims of domestic violence, sexual assault, stalking, and other forms of gender-based violence. The law recognizes that many victims, particularly women, may face obstacles in seeking assistance and protection, and it aims to address these issues by providing legal remedies and support services.
Who is eligible for VAWA?
The Violence Against Women Act (VAWA) provides protection and immigration relief to certain victims of domestic violence, sexual assault, and stalking. Eligibility for VAWA is based on the victim's relationship with the abuser and the circumstances surrounding the abuse. To be eligible for VAWA, an individual must meet specific criteria, which may include the following:
What is VAWA?
The Violence Against Women Act (VAWA) is a U.S. federal law that was initially enacted in 1994 and has been reauthorized and amended several times since then. VAWA is designed to provide protection and support to victims of domestic violence, sexual assault, stalking, and other forms of gender-based violence. The law recognizes that many victims, particularly women, may face obstacles in seeking assistance and protection, and it aims to address these issues by providing legal remedies and support services.
Who is eligible for VAWA?
The Violence Against Women Act (VAWA) provides protection and immigration relief to certain victims of domestic violence, sexual assault, and stalking. Eligibility for VAWA is based on the victim's relationship with the abuser and the circumstances surrounding the abuse. To be eligible for VAWA, an individual must meet specific criteria, which may include the following:
Abuse by a U.S. Citizen or Lawful Permanent Resident
VAWA is primarily designed for individuals who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident spouse or parent. This means that the abuser must be a U.S. citizen or green card holder, and the victim must be the spouse or child of the abuser.
Marriage Relationship
For spouses, the victim must be legally married to the U.S. citizen or green card holder abuser. VAWA also provides protections for individuals who were subjected to abuse in a good faith marriage that ended due to the abuse or due to the death of the abuser.
Parent-Child Relationship
For children, the victim must be the son or daughter of a U.S. citizen or lawful permanent resident abuser, and the victim must be under 21 years of age. In some cases, this can also apply to adult children if they can demonstrate that they were abused by their parent before they turned 21.
Abuse by a U.S. Citizen Son or Daughter
Certain individuals who have been abused by their U.S. citizen children may also be eligible under VAWA.
Is VAWA limited to women only?
No. It's important to note that VAWA is not limited to women; it applies to both men and women who are victims of abuse.
Will abuser know about the petition? Do I need abuser’s consent?
No. One of the significant benefits of VAWA is that it allows eligible individuals to self-petition, meaning they can apply for immigration relief without the abuser's knowledge or consent. This provides victims with the opportunity to seek protection and independence.
How Kananchuk Law Office can help you with VAWA?
Our experienced VAWA Attorney will navigate the application process, help you gather the necessary evidence, and address any potential challenged that may arise.
The eligibility criteria for VAWA may change, and it's essential to consult with our immigration attorney to assess your specific situation and determine whether you meet the requirements for VAWA relief. Schedule your consultation today to discuss your case.
No. It's important to note that VAWA is not limited to women; it applies to both men and women who are victims of abuse.
Will abuser know about the petition? Do I need abuser’s consent?
No. One of the significant benefits of VAWA is that it allows eligible individuals to self-petition, meaning they can apply for immigration relief without the abuser's knowledge or consent. This provides victims with the opportunity to seek protection and independence.
How Kananchuk Law Office can help you with VAWA?
Our experienced VAWA Attorney will navigate the application process, help you gather the necessary evidence, and address any potential challenged that may arise.
The eligibility criteria for VAWA may change, and it's essential to consult with our immigration attorney to assess your specific situation and determine whether you meet the requirements for VAWA relief. Schedule your consultation today to discuss your case.
3. U Visa.
The U visa program is intended to support and protect crime victims who assist law enforcement in criminal investigations and prosecutions. It provides a legal pathway for these individuals to live and work in the United States, fostering cooperation with law enforcement agencies and promoting public safety.
U visas are available to victims of certain crimes who have suffered substantial mental or physical abuse and who are willing to cooperate with law enforcement in the investigation or prosecution of those crimes.
What is a U Visa?
The U visa is a nonimmigrant visa category designed to provide temporary legal status and protection to victims of certain crimes who have suffered mental or physical abuse and have been helpful to law enforcement in the investigation or prosecution of those crimes. The U visa is intended to encourage victims to come forward and cooperate with law enforcement without fear of deportation.
Am I eligible for a U Visa?
To be eligible for a U visa, an individual must meet several criteria, including being the victim of a qualifying crime, suffering substantial mental or physical abuse as a result of the crime, and being helpful to law enforcement in the investigation or prosecution of the crime.
What are the qualifying crimes?
The U visa is available to victims of certain crimes, including domestic violence, sexual assault, human trafficking, kidnapping, extortion, and other offenses. The list of qualifying crimes is outlined in U.S. immigration law.
Do I need to obtain a Law Enforcement Certification?
A U visa applicant must obtain a certification from a law enforcement agency, prosecutor, or other certifying official verifying their assistance in the criminal investigation or prosecution. This certification is a crucial component of the U visa application.
Can I include family members on my application?
Certain family members of the principal U visa applicant may be eligible for derivative U visas. This includes spouses, children, and, in some cases, parents.
Does U visa give you a legal status?
U visa holders receive temporary nonimmigrant status, allowing them to live and work in the United States for up to four years. Extensions may be granted in certain circumstances.
Am I eligible for Work Authorization?
U visa recipients are eligible for employment authorization. They can apply for an Employment Authorization Document (EAD) to work legally in the United States.
Is there an Annual Cap?
The U visa program is subject to an annual cap of 10,000 visas, but certain crime victims who are waitlisted due to the cap may be eligible for deferred action and work authorization while waiting for visa availability.
Can I apply for a green card?
After obtaining U nonimmigrant status, individuals can apply for adjustment of status (a green card) to become lawful permanent residents after three years, if you meet specific requirements.
Can I pursue citizenship?
After obtaining a green card, U visa recipients can pursue U.S. citizenship through the naturalization process.
How Kananchuk Law Office can help you with U Visa Application?
Our experienced U Visa attorney will provide valuable assistance and support throughout the U visa application process including eligibility assessment, collecting evidence, Law Enforcement Certification, application preparation, advocacy and communication, legal strategy, work authorization, and adjustment of status.
We will provide guidance and education by helping you understand your rights, responsibilities, and options. Schedule you consultation today to learn how we can help you with your U Visa process.
U visas are available to victims of certain crimes who have suffered substantial mental or physical abuse and who are willing to cooperate with law enforcement in the investigation or prosecution of those crimes.
What is a U Visa?
The U visa is a nonimmigrant visa category designed to provide temporary legal status and protection to victims of certain crimes who have suffered mental or physical abuse and have been helpful to law enforcement in the investigation or prosecution of those crimes. The U visa is intended to encourage victims to come forward and cooperate with law enforcement without fear of deportation.
Am I eligible for a U Visa?
To be eligible for a U visa, an individual must meet several criteria, including being the victim of a qualifying crime, suffering substantial mental or physical abuse as a result of the crime, and being helpful to law enforcement in the investigation or prosecution of the crime.
What are the qualifying crimes?
The U visa is available to victims of certain crimes, including domestic violence, sexual assault, human trafficking, kidnapping, extortion, and other offenses. The list of qualifying crimes is outlined in U.S. immigration law.
Do I need to obtain a Law Enforcement Certification?
A U visa applicant must obtain a certification from a law enforcement agency, prosecutor, or other certifying official verifying their assistance in the criminal investigation or prosecution. This certification is a crucial component of the U visa application.
Can I include family members on my application?
Certain family members of the principal U visa applicant may be eligible for derivative U visas. This includes spouses, children, and, in some cases, parents.
Does U visa give you a legal status?
U visa holders receive temporary nonimmigrant status, allowing them to live and work in the United States for up to four years. Extensions may be granted in certain circumstances.
Am I eligible for Work Authorization?
U visa recipients are eligible for employment authorization. They can apply for an Employment Authorization Document (EAD) to work legally in the United States.
Is there an Annual Cap?
The U visa program is subject to an annual cap of 10,000 visas, but certain crime victims who are waitlisted due to the cap may be eligible for deferred action and work authorization while waiting for visa availability.
Can I apply for a green card?
After obtaining U nonimmigrant status, individuals can apply for adjustment of status (a green card) to become lawful permanent residents after three years, if you meet specific requirements.
Can I pursue citizenship?
After obtaining a green card, U visa recipients can pursue U.S. citizenship through the naturalization process.
How Kananchuk Law Office can help you with U Visa Application?
Our experienced U Visa attorney will provide valuable assistance and support throughout the U visa application process including eligibility assessment, collecting evidence, Law Enforcement Certification, application preparation, advocacy and communication, legal strategy, work authorization, and adjustment of status.
We will provide guidance and education by helping you understand your rights, responsibilities, and options. Schedule you consultation today to learn how we can help you with your U Visa process.
4. T Visa.
The T visa is a nonimmigrant visa category in the United States that provides temporary legal status and protection to victims of human trafficking. Human trafficking is a serious crime that involves the recruitment, harboring, transportation, provision, or obtaining of individuals through force, fraud, or coercion for the purpose of forced labor or commercial sexual exploitation. The T visa is intended to assist and protect victims of human trafficking who cooperate with law enforcement in the investigation and prosecution of their traffickers.
Am I eligible for T Visa?
To be eligible for a T visa, you must meet specific criteria, including being a victim of a severe form of trafficking, having been physically present in the United States due to the trafficking, and being willing to assist law enforcement in the investigation or prosecution of traffickers.
The T visa program is an important tool in the fight against human trafficking. It provides protection, support, and legal status to victims who cooperate with law enforcement and seek to break free from exploitative situations. An individual's safety and well-being are paramount in the T visa process, and legal representation is often recommended to navigate the application and documentation requirements effectively.
What is Human Trafficking?
Under Federal law, victims of both sex trafficking and labor trafficking can be eligible for a T visa. The key factor is that the victim was subjected to a severe form of trafficking, which includes situations involving force, fraud, or coercion.
Do I need to obtain a certification?
A T visa applicant must obtain a certification from a law enforcement agency, prosecutor, or other certifying official verifying their assistance in the investigation or prosecution of human trafficking. This certification is an important component of the T visa application.
Can I include family members on my application?
Certain family members of the principal T visa applicant may be eligible for derivative T visas. This includes spouses, children, parents, and unmarried siblings under 18 years of age in some cases.
Does T Visa give me legal status?
T visa holders receive temporary nonimmigrant status, allowing them to live and work in the United States for up to four years. Extensions may be granted in certain circumstances.
Am I eligible for Work Authorization?
T visa recipients are eligible for employment authorization. They can apply for an Employment Authorization Document (EAD) to work legally in the United States.
Is there an Annual Cap?
The T visa program is subject to an annual cap of 5,000 visas. Victims who are waitlisted due to the cap may be eligible for deferred action and work authorization while waiting for visa availability.
Can I apply for a green card?
After obtaining a T visa, individuals can pursue a pathway to lawful permanent residency (a green card) and eventually U.S. citizenship through the naturalization process.
How Kananchuk Law Office can help you with T Visa Application?
Our experienced T Visa attorney will provide valuable assistance and support throughout the T visa application process including eligibility assessment, collecting evidence, Certification, application preparation, advocacy and communication, legal strategy, work authorization, and adjustment of status.
Schedule you consultation today to discuss your case with us.
Am I eligible for T Visa?
To be eligible for a T visa, you must meet specific criteria, including being a victim of a severe form of trafficking, having been physically present in the United States due to the trafficking, and being willing to assist law enforcement in the investigation or prosecution of traffickers.
The T visa program is an important tool in the fight against human trafficking. It provides protection, support, and legal status to victims who cooperate with law enforcement and seek to break free from exploitative situations. An individual's safety and well-being are paramount in the T visa process, and legal representation is often recommended to navigate the application and documentation requirements effectively.
What is Human Trafficking?
Under Federal law, victims of both sex trafficking and labor trafficking can be eligible for a T visa. The key factor is that the victim was subjected to a severe form of trafficking, which includes situations involving force, fraud, or coercion.
Do I need to obtain a certification?
A T visa applicant must obtain a certification from a law enforcement agency, prosecutor, or other certifying official verifying their assistance in the investigation or prosecution of human trafficking. This certification is an important component of the T visa application.
Can I include family members on my application?
Certain family members of the principal T visa applicant may be eligible for derivative T visas. This includes spouses, children, parents, and unmarried siblings under 18 years of age in some cases.
Does T Visa give me legal status?
T visa holders receive temporary nonimmigrant status, allowing them to live and work in the United States for up to four years. Extensions may be granted in certain circumstances.
Am I eligible for Work Authorization?
T visa recipients are eligible for employment authorization. They can apply for an Employment Authorization Document (EAD) to work legally in the United States.
Is there an Annual Cap?
The T visa program is subject to an annual cap of 5,000 visas. Victims who are waitlisted due to the cap may be eligible for deferred action and work authorization while waiting for visa availability.
Can I apply for a green card?
After obtaining a T visa, individuals can pursue a pathway to lawful permanent residency (a green card) and eventually U.S. citizenship through the naturalization process.
How Kananchuk Law Office can help you with T Visa Application?
Our experienced T Visa attorney will provide valuable assistance and support throughout the T visa application process including eligibility assessment, collecting evidence, Certification, application preparation, advocacy and communication, legal strategy, work authorization, and adjustment of status.
Schedule you consultation today to discuss your case with us.
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