The Humanitarian Visas, despite having entered the country unlawfully, having several unlawful entries and exits in the record, having re-entered the country unlawfully after a deportation order, or that other lawyers have said there is no way to regularize migratory status; for those qualifying, can help to get to Permanent Residence without exiting the country.
How do Humanitarian Visas work?
Despite having difficult cases, those meeting eligibility requirements for Humanitarian Visas can reach US Permanent Residence without exiting the country.
Those with decades struggling to regularize migratory status, dealing with different Immigration Attorneys to whom they paid honoraries without seeing results, might wonder what to do in this situation, even more if it’s already, for instance, the fifth attorney handling the case and there are still no results.
Among the most common things that can affect a case is the Permanent Bar.
It can be fell under Permanent Bar if, after April 1st of 1997:
- reached a year of unlawful presence
- unlawfully entered and exited the country in repeated occasions
- exited the country due to a deportation order and entered back unlawfully
If looking to regularize migratory status through a family petition, either through a US citizen or Legal Resident spouse or through an over-21 US citizen son/daughter, the law dictates that the country must be exited and complete a 10-year out-of-the-country bar before being able to ask for pardon.
When there are several unlawful entries and exits that imply Permanent Bar, it might be complicated to regularize migratory status, since there is no way to do it through a family petition, but exiting the country with a 10-year bar.
Another thing that can difficult cases is having crimes on the record. It’s important to consult with an Immigration Attorney since there are crimes for which no pardon is required, others for which migratory status can be regularized just by obtaining a pardon, and some others for which there is no way to ask for pardon. It depends on the situation and the case.
Another factor that can cause difficulties is having falsely declared being a US citizen, either by word or using someone else’s documents like a birth certificate or passport, to cross the border and enter the US; to obtain federal benefits, like a Driver’s License; or to declare taxes.
If involved in any of these scenarios after September 30th of 1997, unfortunately, it’ll fall under Permanent Bar.
These are not the only problems there can be in regularizing migratory status, but common ways in which is fell under Permanent Bar.
What can be done if having unlawful entries and exits, crimes on the record, a citizen’s documents were used, or was falsely declared to be a US citizen?
A possible strategy to regularize migratory status is through any of the Humanitarian Visas, since these can forgive the Permanent Bar, unlawful entries and exits, and unlawful entries after a deportation order.
For parents of over-21 US citizen sons/daughters, there might not be any other way to regularize migratory status besides Humanitarian Visas. These visas can also forgive certain crimes, something that other migratory procedures can’t.
What Humanitarian Visas are there?
U Visa
The U Visa is for those who were victims of certain types of crimes within the US.
VAWA Visa
The VAWA Visa is for those who were victims of mistreatment from an over-21 US citizen son/daughter, or a US citizen or Legal Resident spouse, either someone whom is currently living with, someone from whom is separated but still married, someone from whom is being divorced or an ex-spouse from whom was divorced no more than 2 years ago.
If VAWA Visa requirements are met, this can provide a lifetime migratory status which provides a work permit, a social security number, removal protection, and a way to reach the US Permanent Residence. It’s important to mention that is not always possible to reach Permanent Residence through the VAWA Visa. That is something the attorney will have to determine.
T Visa
The T Visa is for those who were victims of certain types of human trafficking. There are different scenarios in which this visa can apply.
Possible scenarios for a T Visa
Mistreatment from human smugglers
When entering the United States helped by human smugglers commonly called “coyotes”, tends to be a deal in terms of exchange of money for help to enter the country unlawfully. The deal doesn’t contemplate being, basically, kidnapped by the coyote, who might take the immigrant to places like apartments, houses, warehouses, trailers, or businesses to force the immigrant to work. These scenarios worsen when human smugglers use drugs, have guns, and are dangerous people who threaten the immigrant while forcing him/her, for long periods, to clean, cook, or do some kind of labor while not letting him/her out.
Another example of mistreatment from “coyotes” is when they force the immigrant to go to a business, like a construction, garage, or field business under threats with guns or violence, forcing the immigrant to work.
This is a way to qualify for the T Visa. If had bad experiences entering the United States with coyotes, who deprived you of liberty, forced you to work, exploited you, or raped you, you might meet the eligibility requirements for the T Visa.
Laboral mistreatment
When living in the United States without documents that prove legal presence, there might be employers who try to take advantage of this situation. Examples include employers who deny paying in full, who deceive the immigrant by making him/her believe he/she will earn a certain amount for a determined time and unrespecting the initial agreement, or not paying him/her for his/her work at all.
These types of laboral mistreatment are T Visa cases. If having an employer who doesn’t pay extra hours, doesn’t pay full salary, forces the immigrant to work more than normal, the salary is extremely low, there is exploitation, threats, emotional or psychological mistreatment, or even rape; it can be an eligible case for T Visa.
Domestic violence
At times, immigrants go through severe domestic violence situations. Hits, rapes, or a partner forcing his/her couple to carry some kind of labor might imply certain types of violence. Examples of this include spouses who get violent when his/her undocumented couple doesn’t have the meal ready or the house clean; and spouses who take his/her undocumented couple to work at certain places and take their salary from them by force.
If being under an adverse situation, and eligibility requirements of any of the Humanitarian Visas are met, there can be a route to lawfulness.
It’s recommended to consult with an Immigration Attorney to determine eligibility.
