Have you ever heard the term “humanitarian immigration” and wondered what it’s all about? Well, it’s a simple yet tricky immigration option that allows people to gain entry and residency in another country. However, it is not like other immigration options because it is only applicable to very special situations.
Are you planning to apply for a humanitarian visa to the United States? This article will tell you everything you need to know about the concept. You’ll also learn the various laws associated with this immigration option and why you may want an attorney to help you.
What is Humanitarian Immigration?
The humanitarian and compassionate visa (H&C) is a type of travel Visa granted by countries to aid and support refugees. The international code often obligates countries to grant temporal and permanent residency status to specific persons. This usually involves supporting internally displaced persons who can’t return to their country for one reason or another. These people are allowed to enter and be paroled into the United States as humanitarian immigrants if they pass or qualify for the visa.
Who Qualifies for Humanitarian Immigration?
The humanitarian immigration option can sometimes grant entry and residency to people who wouldn’t qualify otherwise. But even at that, the law can be pretty restrictive sometimes, making it very difficult for some people to access visas. Also, because some people may want to take advantage of this immigration option wrongfully, the qualification requirements might become slightly rigid.
However, qualified humanitarian immigrants are allowed certain rights under international humanitarian law. That said, here is a list of people who qualify for humanitarian immigration in the US.
- Refugees: Refugees are people who are forced to flee their country and move to another country due to life-threatening events such as wars or natural disasters. Such people may also be unable to return if they feel their lives are still in some danger. Hence, the country they fled to is required to grant them residency until it is safe to return.
- Internally Displaced Persons: IDPs are also like refugees in the sense that they are forced to leave their countries for reasons beyond their control. The difference, however, is that they have yet to crossover into another country, which makes them internally displaced. IDPs can be granted passage into other countries with humanitarian immigration visas. But then, they may not be granted similar rights to refugees because the principles are non-binding.
- Asylum Seekers: An asylum seeker is a person who has fled to another country for protection but not as a refugee. These people can also be granted residency if their claims are genuine. However, it is mostly temporary until they are assigned refugee status. Note that while all refugees are initially classified as asylum seekers, not all asylum seekers turn out to be refugees.
- Human Trafficking Victims: Human trafficking victims are people who are illegally forced or coerced into moving to another country against their will. Human trafficking has since been identified as a humanitarian issue. As a result, victims can apply for legal residency using the humanitarian immigration option.
- Unaccompanied Minors: This category refers to children or minors who entered the country without a parent or legal guardian. It also applies to children of other nationalities who have been separated from their parents or legal guardians. These minors can be granted asylum under the humanitarian immigration status until they are reunited with their families.
- Stateless Persons: A stateless person is a person who does not have a defined nationality. It can be for any of several reasons, including discrimination of a minority or conflict of international laws. Other times, it can be down to failure to a newly independent country’s failure to recognize all citizens as part of the new state. In any case, stateless persons may be granted asylum in the United States if they have been persecuted or at risk of being persecuted on account of being in the minority.
Other Cases that Qualify You for a Humanitarian Immigration Visa
While the above-listed people are the primary qualifiers for humanitarian immigration in the US, there are other situations that can qualify you for this visa option, albeit on a temporal basis.
- If you have a terminally ill family member in the United States who needs someone else to take care of them. In such cases, you can be granted temporary entry under the humanitarian parole program.
- The second scenario is if you have a family member who just passed away in the United States. You may be granted a humanitarian visa to attend the funeral service if you wish to.
- You can also apply for humanitarian immigration into the United States if you are ill and may not be able to get the necessary treatments in your country.
Why You’ll Want a Humanitarian Immigration Attorney
- Professional Legal Advice: Applying for humanitarian visas is usually not as straightforward as you think, especially with all the ifs and buts. This is why you need to have an immigration lawyer on hand to help explain every step to you.
- Help Speed Up the Process: Ideally, it takes about 2 – 4 months for a humanitarian visa to be processed. However, you can get faster processing in cases of life-threatening emergencies, but you’ll need to provide sufficient proof. An immigration attorney comes in extra-handy in cases like this because they can expertly present your claim and ensure you get a faster processing, or expedited processing, as it is officially called.
- In Case of Denial: Yes, your humanitarian immigration visa application can be denied if your situation does not fit the category. However, this is less likely to happen with a good immigration lawyer guiding you through the steps. They can help ensure you present a strong case and even represent you in court hearings if the need arises.
Coleman Law Group Can Help You!
No doubt, having an immigration attorney on your side is pretty beneficial. However, you can only enjoy these benefits when you hire an experienced attorney.
Luckily, Coleman Law Group is always on hand to help you out. You can always count on us to make the process fast, easy, and, most importantly, successful.
