Federal immigration law recognizes that some immigrants merit legal relief when they have been victims of abuse, persecution, violence, or other dangerous situations. In such circumstances, the law provides various forms of humanitarian-based relief and defenses to deportation. A qualified immigration lawyer could help you identify Oak Brook humanitarian defenses and immigration benefits and determine whether you qualify for available remedies.
A person who qualifies for Oak Brook humanitarian defenses and immigration benefits has typically suffered some kind of trauma, displacement, discrimination, or victimization. While many immigration benefits are offered because of family relationships or a person’s job qualifications, several humanitarian remedies may be granted to individuals who have faced or are currently facing severe threats to their safety or well-being.
Asylum is available for those who have fled persecution based on their race, religion, nationality, political opinion, or their membership in a particular social group—for example, women with specific characteristics or LGBTQ individuals. Asylees, as they are called, typically file for asylum when they are already present in the U.S., whether they entered with or without documentation.
SIJS is a type of visa available to young people when a state court judge has determined they were victims of abandonment, abuse, or neglect in their home country. Typically, someone seeking a SIJS visa must procure a signed judicial order that acknowledges this hardship and also states that it is not in the applicant’s best interest to return to his or her country of origin.
T visas are offered to victims of human trafficking who have helped or will help law enforcement prosecute or investigate the perpetrators. An applicant must be able to prove that he or she would experience extreme hardship if he or she were removed from the United States and that their very presence in the U.S. is connected to human trafficking.
TPS is a limited form of legal status that protects people who are in the U.S. during periods of emergencies in their home country. The status is typically short-term and is meant to protect individuals from having to return to a place that is experiencing civil unrest, violence, or natural disasters. Extensions are often possible depending on the circumstances.
U visas are offered to victims of certain crimes that have occurred in the United States. Qualifying applicants must prove that they have suffered physically or emotionally as a result of the specific crime and that they are willing to help law enforcement investigate or prosecute the crime.
Benefits under the Violence Against Women Act (VAWA) are available to men, women, and children who experienced battery or extreme cruelty at the hands of a U.S. citizen or permanent resident spouse or parent. The petition for these benefits does not require the signature, consent, or knowledge of the abuser. The victim can seek benefits on their own.
This list of humanitarian defenses and immigration benefits available to Oak Brook residents is not comprehensive. Various other remedies such as Deferred Action for Childhood Arrivals (DACA), prosecutorial discretion, and other forms of deferred action may be available. While some of these forms of relief are temporary in nature, other solutions lead to permanent status and eventually citizenship. Work permits can accompany many humanitarian remedies, and in some cases, spouses and children can also receive benefits.
When you petition or apply for one of these Oak Brook humanitarian defenses and immigration benefits, it is vital to have an experienced advocate by your side. A knowledgeable immigration attorney could sit down with you, analyze your history and current situation, prepare the proper forms, and represent you before federal immigration authorities. Contact us today to meet with a dedicated immigration advocate who could help you seek the relief you deserve.