Humanitarian Visas

Do I Qualify For A Humanitarian Visa?

Humanitarian visas are meant to help immigrants who may need shelter, or assistance due to flooding, civil unrest, oppression, medical needs or other urgent situations. These visas include:

  • Battered spouse, children and parents
  • Victims of human trafficking and other crimes
  • Special immigrant juveniles status (SIJS)
  • Female genital mutilation or cutting (FGM/C)
  • Special situations
  • Temporary protected status (TPS)

While there are other visas which immigrants may apply for, including deferred enforced departure, asylum and refugee status, each comes with a full measure of qualifications to be met before the visa will be granted.

Violence Against Women Act (VAWA)

Under the Violence Against Women Act (VAWA), the Immigration and Nationality Act (INA) makes a way for a spouse, child or parent of abusive United States citizens or permanent residents to file a petition for a visa without the abuser's knowledge.

If the application under VAWA law is approved, victims may then be eligible to apply to work in the U.S. and to file for a green card for permanent residence status.

Eligibility requirements for spouses who file a petition under INA include:

  • You meet the qualifications for marriage, which include you are legally married, or thought you were married, and lived with your spouse who is a U.S. citizen or permanent resident, or
  • Your marriage ended in death or divorce within 2 years prior to filing
  • You and/or your child suffered abuse, battery, cruelty by your spouse
  • You are a person of good moral character

Do not be afraid to step forward to ask a lawyer for help if you or a loved one has been the victim of a crime.

Did You Help With The Investigation Of A Crime?

The government grants T visas and U visas if you were available to help with the investigation of certain crimes and qualify within the guidelines of these nonimmigrant visas.

The T nonimmigrant status, or T visa, was created to protect victims of human trafficking. Trafficking in persons is a form of slavery where traffickers have made false promises of opportunities and work available in the U.S. to their victims.

Victims are protected and allowed to remain in the U.S. to assist with the investigation or prosecution of the traffickers.

The U visas cover a broader range of crimes, not all of which are violent crimes. If you suffered serious mental or physical abuses due to a crime and are willing to assist the government authorities with their investigation and prosecution of the crime, you may qualify for a U visa.

Texas attorney Mark Kinzler deeply understands the strain of ordinary living for aliens and seeks to provide a certain hope for his clients by providing trustworthy guidance and legal representation.

Call our Austin office at 512-402-5823 or reach out to us online for assistance.