Humanitarian Visa Lawyer
- 15+ Years Experience
- Bilingual Services (Spanish/English)
- Free Consultation
- Family-Centered Approach
Navigating the U.S. immigration system can be intimidating, especially for those seeking protection from danger or hardship in their home countries. Victims of violence, threats, or emergencies deserve understanding, as well as reliable legal guidance when applying for a humanitarian visa. At Alonso & Alonso, our immigration lawyers bring over 15 years of experience in this area, helping people who urgently need safety and a fresh start.
We understand how language and cultural differences can add extra stress at such a difficult time. Our team speaks both Spanish and English, ensuring comfortable and respectful communication throughout the process. Each client’s experience and well-being are important to us; we never let their voices get lost in the legal process. When you’re ready to get help, we’re always here. Contact us today to schedule a free evaluation with a humanitarian visa lawyer.
What is a Humanitarian Visa & How Does it Work?
A humanitarian visa protects individuals who are unable to remain safely in their home country. These humanitarian programs help those truly in danger – for example, children abandoned by parents, victims of human trafficking, survivors of domestic violence, and others caught in unsafe situations. If there’s an urgent need, such as an ongoing threat, war, or natural disaster, humanitarian visas can give both temporary and long-term solutions.
While “humanitarian visa” is a general term, an experienced humanitarian visa lawyer can help you figure out if you fit into one of these categories. Many who successfully obtain humanitarian visas can later apply for permanent residency, receive employment authorization, and bring eligible family members to the United States for a safer and more secure future.
Different Types of Humanitarian Visas
There are several types of humanitarian visas, each designed for specific groups facing difficult and often dangerous, urgent circumstances. These programs help protect people who are victims of physical abuse, certain crimes, neglect, or trafficking, as well as those navigating harm or instability in their home country. Figuring out which category you fit into is important so you can get started on the process and feel less overwhelmed.
Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status is available to children in the United States who have been abused, abandoned, or neglected by one or both parents. This legal avenue offers safety and a chance at lawful permanent residency for individuals under 21 who cannot return to their home country because either reunification with their parents is not possible or returning would not be safe. SIJS helps vulnerable young people build a future in the U.S. without fear of deportation.
***while strategic advice can be offered, Alonso & Alonso does not handle this type of case***
Violence Against Women Act (VAWA)
Under the Violence Against Women Act, certain survivors of domestic violence, battery, or extreme cruelty can apply independently for a Green Card (lawful permanent residence). They do not need the abuser’s knowledge or support to seek protection. Qualifying relationships include an abusive spouse or ex-spouse, parent, child, or adult son or daughter who is a U.S. citizen or lawful permanent resident. While VAWA was designed with women in mind, it can protect all genders from abusers in a family setting.
U Visas
The U visa is a special status for victims of certain serious crimes, such as sexual assault, human trafficking, domestic violence, or other offenses that caused significant physical or mental harm. One key requirement is a willingness to assist law enforcement or government officials in investigating or prosecuting the crime.
T Visas
T visas were designed for survivors of human trafficking, including both forced labor and sex trafficking. This protection allows survivors already in the United States to remain even if their lawful status expired or their entry was unauthorized. Unlike some visa types, the T visa does not require proof that the victim reported the crime to the police, nor do they have to assist with an investigation into the crime. T visa holders can obtain work authorization and bring certain family members to the United States for safety.
Determining which pathway could work for you is an essential step to safety and protection. The best way to figure out what steps to take next is to reach out to an experienced immigration lawyer who can help you get started and work with you throughout the entire process.
Humanitarian Visa Eligibility Requirements
Eligibility for a humanitarian visa depends on which one you are eligible for. Each one has its own eligibility requirements that you must follow, so knowing which pathway you may be able to use can help you get started.
Special Immigrant Juvenile Status (SIJS)
To qualify for SIJS, an individual must be under 21 years old at the time of filing the SIJ petition (Form I-360). The process is only available for children who are already living in the United States. You cannot be married when you are filing or when a decision is being made on your application. Those who have previously been married can still qualify if their marriage was legally ended before the filing (this could include the death of a spouse).
A valid court order from a U.S. juvenile court is required. The court must declare you dependent on the court or under state custody, find reunification with one or both parents impossible because of abuse, neglect, or abandonment, and determine that returning to your home country goes against your best interests. Applicants must also demonstrate that they did not seek the juvenile order solely for immigration benefits, but rather due to genuine safety concerns.
***while strategic advice can be offered, Alonso & Alonso does not handle this type of case***
VAWA Eligibility - Domestic Violence
VAWA protects immigrants abused by a qualifying family member who is a U.S. citizen or permanent resident (LPR). Below are the ways you can qualify depending on which party was the abuser:
Spouse
You can file as a spouse if you are or were married to an abusive U.S. citizen or LPR. If your spouse abused your child (who is under 21 and unmarried), you may also qualify, and your other unmarried children under 21 can be included in your petition as a derivative.
If you just divorced, lost your spouse to death, or your abuser lost their immigration status because of domestic violence within two years before filing, you can still qualify.
Spousal VAWA applicants must also demonstrate that their marriage (legally married or through a common law marriage) was entered into with honest intentions, not just to get a Green Card.
Parent
Parents of U.S. citizen sons or daughters (aged 21 or older) who suffered abuse from their adult children can self-petition under VAWA.
Child
You qualify as a child if you are under 21, unmarried, and your U.S. citizen or lawful permanent resident status parent abused you. If the abuse is the reason your application is delayed, you can still qualify if you file before your 25th birthday. Your unmarried and under-21 children can be included with your application.
Other Eligibility Requirements For All VAWA Categories
Other requirements include:
Evidence
You must be able to show you have suffered battery or extreme cruelty from the qualifying relative. Evidence could include police reports, medical records, statements from shelter or social workers, and photos. You will need to provide a written personal statement of what you experienced.
Residence Requirement
You are required to prove that you live now, or lived in the past, with the person who abused you.
Good Moral Character
All VAWA petitioners must show that they are of good moral character. This typically means not having any significant criminal history. Some minor offences, like a DUI, can be managed by providing good moral character letters, but this will have to be evaluated on a case-by-case basis depending on the nature of the DUI.
If Living Outside the U.S.
If you no longer reside in the United States, you must show that either the abusive relative is a U.S. government employee or a member of the U.S. military, or the abuse occurred in the United States.
Humanitarian Relief and Eligibility for the U Visa
You must have been the direct or indirect victim of a qualifying criminal activity that either occurred in the U.S. or violated U.S. laws. Crimes covered by the U visa include, but are not limited to:
- Domestic violence
- Abusive sexual contact
- Sex trafficking
- Sexual assault or rape
- Abduction/kidnapping
- Forced prostitution
- Stalking
- Blackmail
- Manslaughter or murder
- Other related or similar crimes listed by the United States Citizenship and Immigration Services (USCIS)
You’ll also need to meet the following eligibility requirements:
Suffered Substantial Mental or Physical Abuse
You’ll also need to show that you have suffered physical injuries, severe emotional stress, or serious psychological scars as a result of the crime.
Have Information About The Crime
You must have information about the criminal activity. If you are under 16 or cannot humanly or legally provide information (due to age, disability, or other valid reasons), a parent, guardian, or a responsible adult may present this information for you.
Helpfulness to Law Enforcement
You have been, are being, or will agree to be helpful to law enforcement or government officials when they investigate or prosecute the crime.
The requirements can feel confusing if you aren’t familiar with the system. The best way to determine your eligibility is to consult with an experienced immigration attorney.
The Humanitarian Visa Application Process
Understanding how the humanitarian visa process works can alleviate much of the anxiety associated with it. Although the exact steps vary depending on your specific category, most cases have a similar structure. You’re always going to want to work with a lawyer, but having an understanding of the process for yourself can make everything feel a little less overwhelming.
Determine Eligibility
One of the first steps is to determine if you’re eligible for a humanitarian visa, and if so, which one.
Gather Required Documentation
Each application will require evidence. This may include birth certificates, medical records, court documents, police or protection orders, affidavits from individuals familiar with your situation, legal documents reporting crimes or abuse, and proof of your identity and current legal status. Begin gathering these as soon as possible.
File the Petition With USCIS
You (or your humanitarian visa lawyer) will file your application or petition with U.S. Citizenship and Immigration Services (USCIS). The exact form(s) depends on which visa category you fall under.
Address Safety and Confidentiality
USCIS has protocols in place to protect the privacy of humanitarian applicants, but security should always take precedence. Be sure to update your lawyer right away if you need a safe mailing address or have concerns about an abuser or perpetrator learning about your application. Immigration attorneys will do everything possible to ensure that your petition remains confidential.
Attend Biometrics and Possible Interview
Once USCIS receives your petition, it may schedule a biometrics appointment for you to provide fingerprints and a photo for background checks. Depending on the situation, you might also receive a request to appear for an in-person interview to discuss your application.
Receive a Decision or Request for Evidence (RFE)
After your case is reviewed, USCIS will issue either a decision or a Request for Evidence for any missing or unclear information. Make sure you respond to this request in a timely manner or you risk being denied.
While this is just an overview of the process, it provides you with a good idea of what to expect. When you meet with your experienced attorney, they can answer more specific questions you have about the entire application process and immigration procedures.
Choose Alonso & Alonso for Your Humanitarian Visa Lawyer Application
When starting your humanitarian visa application, it’s important to choose the right immigration lawyer to help you. When you work with Alonso & Alonso, you get the following:
- Over 15 years of dedicated experience in immigration law
- Hundreds of families successfully guided to safety and security
- Fluent, native Spanish-speaking attorneys who understand your language, culture, and concerns
- Experience responding to difficult or previously denied applications
Our clients are never just a case number to us; we treat everyone the same way we’d want our own family members to be treated. We understand how challenging these situations can be, and we will do everything possible to make them as simple as possible for you.
Humanitarian Visa Success Stories
They are so kind and understanding at this law firm. Every employee is happy to help you. I truly appreciate them, as we’ve been to many different lawyers and nobody can compare to the way they treat their clients. I love how they are consistent with calls and texts letting you know in which phase of the process that your case is in. Highly recommend their services. They were able to get my dad a work permit even when we thought it’d be near impossible!!
It’s been a pleasure working with the firm Alonso & Alonso , they have been keeping me updated about my case and answer all the questions that I may have. The whole staff have been amazing and super helpful thank you so much for your patience and for going above and beyond for your clients.
WIN.!!WIN.! WIN.!!!!!!They won my removal and deportation case. I could have get deported. It was an impossible case. Attorney Chris Alonso and his team is amazing. I am really thankful to the whole team of Alonso & Alonso Law firm. Now I can work freely and hopefully will get my green card soon. Throughout the process they were professional, honest and helpful. The way they presented my case in the court was simply professional, humble and proud of the their skills.
Thanks Alonso & Alonso Attorneys at Law, you saved my life and future.!🙏🙏
I’m very happy with their service. Best customer service. They keep you updated very well through out the process.
I am very happy to be a part of the Alonso and Alonso family. Very professional and attentive. They always keep me inform of how my case is going. I also love it that they take there time to review my case and make sure everything is right on point . I understand that this takes time to me it doesn’t matter how long it takes as long as my lawyer get me what will change my life . Thank you family for taking my case when no other lawyers would . Keep doing a great job and making our dreams come true. May god bless you Mr Chris and Vanessa and there professional team.
This team has been one of the most consistent, attentive and more with my case. They always answer my calls quick and have the patience for all of my questions;They inform me about everything so well . I’m glad to be a part of Alonso & Alonso law.
Book a Free Case Evaluation with Experienced Humanitarian Visa Lawyer Attorneys
If you or a loved one needs help and would like a free case evaluation, our multilingual attorneys are ready to assist individuals who need help. Simply reach out to us by phone, online form, or chat, and we’ll get started. During your confidential consultation, we will review your situation and explain how we can assist you, as well as outline the process involved. We’ll answer any questions you have so that you have a clearer understanding of what to expect. Contact us as soon as you’re ready.
Humanitarian Visa FAQs
What is a humanitarian visa?
A humanitarian visa protects people who are facing harm, abuse, or dangerous living situations in their home country by allowing them to stay safely in the United States.
How do you apply for a humanitarian visa in the USA?
Application steps depend on the specific visa type, but usually involve filing forms with USCIS, submitting personal records and supporting documentation, and sometimes attending an interview or providing fingerprints.
Is Deferred Action for Childhood Arrivals (DACA) a humanitarian visa?
No, DACA is not a humanitarian visa. It is an immigration policy that gives some people who were brought to the U.S. as children temporary protection against deportation and permission to work.
What is humanitarian parole?
Humanitarian parole enables foreign nationals outside the United States to temporarily enter the country for urgent humanitarian reasons or cases that provide a significant public benefit. Seeking humanitarian parole does not lead to a visa and does not grant long-term status, but it can provide a temporary status of protection in emergency or exceptional situations.
***while strategic advice can be offered, Alonso & Alonso does not handle this type of case***
