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Humanitarian Relief

Compassionate Legal Protection for Those Seeking Safety
 

We understand that humanitarian immigration often involves critical, life-changing circumstances. For three decades, our dedicated humanitarian immigration attorneys have provided hope and protection to vulnerable individuals and families seeking safety in the United States. Our commitment to humanitarian relief combines legal expertise with compassionate advocacy.

ASYLUM

The US Department of State publishes its opinion on the political and other conditions of almost every country. That includes such topics as corruption, the treatment of minorities, the judicial system, etc. If the circumstances described in your biography do not coincide with the opinion of the State. In terms of conditions in your country, you have to work harder to win your case. Be sure to consult a lawyer.

The role of a lawyer in such cases is to provide the client with resources relating to his case, for example, to find the right journalists or professors who can give professional testimony and assessment of your case in terms of the circumstances in the country and the credibility of your case.

Officers give a lot of attention to this kind of evidence. Usually, all the circumstances that emphasize the preparedness and professionalism of the lawyer have a positive effect on the officer’s attitude to the case. Otherwise, they could bear the stress of persecution in their home country. And it is logical that a psychologist can help you. In such cases, the lawyer advises using the official testimony of a psychologist for an interview. In some cases, the officers themselves asked for interviews if you turned to a psychologist after the stress you had.

VAWA



Can men be eligible to file a VAWA petition?

Even though the law has the word “women” in the title, abused men or people of either gender can file a VAWA petition if they can prove they qualify.

Once your petition has been approved, you will be able to receive:
 

A work permit ( Employment Work Authorization ) allows you to work legally in the country.

Some public benefits. Consult with an attorney who is familiar with government immigrant benefits to determine what benefits you can claim. You can also visit the NILC website to learn about the government benefits that are available to some immigrants.

Green Card (Lawful Permanent Residence)



Other eligibility requirements that you will need to prove to be eligible for a waiver (spouse) or child:
 

The “good faith” of your marriage is necessary to prove that the marriage was not concluded for the purpose of legalization.

During the marriage, you or your child were subjected to battery or extreme cruelty by the abusive US citizen or lawful permanent resident.

“Ultimate cruelty” is any form of power and control that includes, but is not limited to, being the victim of or being threatened with violence, forced detention that results in physical or mental harm, psychological or sexual abuse, rape, molestation, incest, and coercion to prostitution.



Can men be eligible to file a VAWA petition?

Even though the law has the word “women” in the title, abused men or people of either gender can file a VAWA petition if they can prove they qualify.

Once your petition has been approved, you will be able to receive:
 

A work permit ( Employment Work Authorization ) allows you to work legally in the country.

Some public benefits. Consult with an attorney who is familiar with government immigrant benefits to determine what benefits you can claim. You can also visit the NILC website to learn about the government benefits that are available to some immigrants.

Green Card (Lawful Permanent Residence)



Other eligibility requirements that you will need to prove to be eligible for a waiver (spouse) or child:
 

The “good faith” of your marriage is necessary to prove that the marriage was not concluded for the purpose of legalization.

During the marriage, you or your child were subjected to battery or extreme cruelty by the abusive US citizen or lawful permanent resident.

“Ultimate cruelty” is any form of power and control that includes, but is not limited to, being the victim of or being threatened with violence, forced detention that results in physical or mental harm, psychological or sexual abuse, rape, molestation, incest, and coercion to prostitution.

U-VISA

Victim of a Crime? You May Be Entitled to a Green Card through a U-Visa.

You may be eligible to receive a U-visa when:
 

  1. You were a victim of a crime that violated U.S law

  2. You suffered physical or mental damages or abuse as a result of a crime

  3. You were helpful to the law enforcement in providing information about the crime or are likely to be helpful in the future

  4. The Law Enforcement agency involved in investigating the crime that you complained about signed a Certification confirming that you are a victim and that you cooperated with law enforcement by providing information about the crime



How does a U-visa affect my status in the United States?

After your U-visa application is filed with the USCIS, you are allowed to stay in the United States while your U-visa application is being reviewed regardless of your immigration status in the United States and regardless of how you entered the United States until a decision is made on your U-visa. However, if you entered the U.S. illegally, you would need to apply for a special waiver.

What kind of information about the crime is sufficient?
Generally, whatever information that may be needed to reasonably start an investigation would be sufficient. For example, if a police report is filed, generally, this may be the start of your U-visa case.

What if the perpetrators are not found, or are not persecuted or are not found guilty?
Your U-visa does not depend on the actions of the law enforcement in locating or prosecuting the criminals. It only depends on whether or not the investigation starts. If the police report or other similar document is filed, this is usually sufficient.

What kind of crimes would qualify for a U-visa?
Generally, any crime that violates the law of the state where the crime occurred or Federal law qualifies. Also, not all crimes are physical. Some crimes involve threats or fraud. For example, impersonating a lawyer or performing legal work without a license is often a crime. Some of these lawyer impersonators are convicted and sent to jail. Many immigrants fall victim to such unlicensed impersonators.

What if I am in a removal (deportation) proceeding?
The U-visa application serves as a defense to removal (deportation). Therefore, you may file for a U-visa regardless of the immigration court proceedings.

About the crimes that might make someone eligible for a U visa.

Even though it is horrible to be a victim of any crime, U visas are given to victims of certain crimes that are mentioned explicitly in the law.

First and most importantly, it is necessary that the crime was committed in the United States, including Native American tribal lands and military installations, or in one of its other Territories or that it violates the law of the US.

The other thing that is important to know is that different states can have different names for the same criminal conduct. For example, in some states, there is a crime that is called assault, which is when you are physically attacked, and in other states, it is possible that the same crime is called battery. Then, the most important thing that has to be considered is that the criminal activity is similar to that type of crime in terms of the legal elements of the crimes mentioned in the law, even if the name is different.

You may need an immigration lawyer to help you decide if the crime of which you were a victim can qualify you for a U visa.

The crimes that can make you eligible for a U visa are:

rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, stalking, female genital mutilation, being held hostage, making you pay a debt with work (peonage)

involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal

false imprisonment, blackmail, extortion, fraud in foreign labor contracting, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes.

 

It is necessary that the crime was committed in the United States or in violation of the laws of the United States.

Also, you need to have information of the criminal activity and be willing to give that information to the police, the district attorney, or any of the agencies that we have mentioned.

And you must be willing to cooperate with the investigation or prosecution of the crime, regardless of the outcome of the case. To request a U visa, it is a requirement to have a certification from a law enforcement agency.

This certification declares that you helped, are helping or will help the authorities that investigate or prosecute the criminal activity.

This certification is very important; without it, you cannot be eligible for a U visa, regardless of the crime committed against you. It is also important to note that if the victim of the crime that files for the visa is less than 16 years of age, the certification can say that the father, mother, guardian of next friend has been helpful, is helpful, or is likely to be helpful.

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