Humanitarian

T-Visa, Victims of Human Trafficking

In order to qualify for a T visa, an individual must be present in the U.S. as a result of human trafficking. This differs from the qualification criteria for applicants for a U visa, who may have visited the U.S. on holiday (or for any another purpose) and then have been subjected to human trafficking or another qualifying crime.

It follows to be eligible for a T visa, an individual must have traveled to the U.S. because he/she was recruited, forced, abducted, or deceived by the perpetrator of human trafficking and would not have been present in the U.S. if it were not for the actions of that person.

It is not necessary to demonstrate the individual “knew” that he/she would be subjected to prostitution or slavery (or any other goal of human trafficking) upon his/her arrival. For example, if an individual was persuaded to come to the U.S. under false pretenses and later discovered the real goal was exploitation of cheap or unpaid labor, he/she in the U.S. as a result of human trafficking.

If you need help determining if you qualify for a T-Visa, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

S-Visa, Informants

The S visa is given to aliens who assist US law enforcement to investigate and prosecute crimes and terrorist activities. The petitioner in an S visa classification is the law enforcement agency with which the alien is cooperating. The application is made on Form I-854, called the Inter-Agency Alien Witness and Informant Record. The application must include the agency’s reasons for seeking the cooperation of the alien. The law enforcement agency must also assume responsibility for the alien from their admission until departure. Spouses unmarried and married children and parents of S-5 and S-6 nonimmigrants are allowed to enter the US in S-7 status. They must be included on the Form I-854. Only 200 people may be admitted in S-5 status each year, and only 50 may be admitted in S-6 status. The maximum period of admission in S status is three years.

To qualify for an S-5 visa, the Applicants must:  

  1. Possess reliable information regarding an important aspect of a crime or pending commission of a crime;
  2. Be willing to share this information with law enforcement officials or to testify in Court; and
  3. Prove that their presence in the US is necessary to the successful investigation or prosecution of the case.

To qualify for an S-6 visa, the Applicant must:

  1. Possess reliable information regarding an important aspect of a terrorist organization or plot,
  2. Be willing to share this information with law enforcement officials or to testify in court,
  3. Have been placed in danger for providing that information, and
  4. Be eligible to receive an award from the State Department for providing such

Adjustment of Status for S-Visa Holders

S visa holders are allowed to adjust status to permanent resident under a special provision of the Immigration and Nationality Act. If the information supplied by the alien has “substantially contributed” to a successful investigation or prosecution of a crime, they are eligible for adjustment of status. Similarly, if the alien’s information “substantially contributed” to the prevention of an act of terrorism, or to the apprehension of a person involved in terrorist activities, they are allowed to adjust their status.

If you need help determining if you qualify for an S-Visa, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

Humanitarian Parole

Foreigners with an emergency situation requiring them to travel to the United States may be able to enter with a form of discretionary relief called Humanitarian Parole. Humanitarian parole is granted “sparingly.” It focuses on admitting foreign residents who cannot otherwise qualify for an immigrant visa to the U.S., but who merit entry for compelling reasons.

If you are granted humanitarian parole, you will be permitted to remain in the U.S. only for the period of time that is necessary for you to fulfill your humanitarian need or to tend to your emergency situation.

You may qualify for humanitarian parole for one of any number of reasons, and the applications are decided on a case-by-case basis. Some reasons include:

  • You have a family member in the U.S. who is extremely ill and may not recover
  • You have a family member in the U.S. who has passed away and you wish to attend the funeral service
  • You are very ill and cannot obtain the proper medical care in your home country, while that medical care is available to you in the United States, or
  • You are an important witness for a trial that will be held in the United States.

If you need help determining if you qualify for a Humanitarian Parole, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

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