In addition to the Asylum, Refugee Status and Withholding of Removal categories the United states recognizes that there may be humanitarian grounds or extenuating circumstances which led you to come to or remain in the United States. As such they have created various types of visas or stays of removal that may be available to you:
U visas are available for victims of certain qualifying criminal activity. It was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. For more information on U Visas including a full list of what crimes are considered qualifying crimes click here.
Similarly to the U visa, above, the T visa was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims. Fore more information on T Visas please click here.
Violence Against Women Act (VAWA)
Battered Spouses, Children and Parents of US Citizens or Legal Permanent Residents (Greencard holders) may be able to file an immigrant visa petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing. For more information please follow this link.
Deferred Action for Childhood Arrivals
This type of reprieve is also refereed to as DACA or the DREAM act. These are not visas but rather a reprieve from and a guarantee that the Government will not deport you for a specified time.
To be eligible for Deferred Action for Childhood Arrivals (DACA), one must show the following:
- Were under 31 years of age as of June 15, 2012;
- Came to the United States before your 16th birthday;
- Have continuously resided from June 15, 2007 until present;
- Were physically present in the United States on June 15, 2012 and at the time you apply for DACA;
- Were not authorized to be in the United States on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Contact Hannaford Immigration Law today so we can assist you with your application for Deferred Action so that you may remain here in the United States, get a driver’s license, work authorization (EAD) and even attend university.
Temporary Protected Status
This is also known as TPS and the Secretary of Homeland Security may designate a country’s nationals as eligible for TPS if it is deemed that it is unsafe for nationals of that country to return home at the present time. A country may be designated for TPS due to armed conflicts such as a civil war or natural disasters such as an earthquake or a hurricane.
Like DACA, above, TPS is not a visa but if eligible, it will guarantee you a reprieve from deportation and the ability to apply for a work authorization document (EAD) and the possibility to gain permission to travel. For a full list of the countries which are currently designated and more information on the eligibility requirements click here. If you would like Hannaford Immigration Law to assist you in applying for TPS or a renewal of your previous grant, contact us today.