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U Humanitarian Visa

The U visa category was created by provisions in the Victims of Trafficking and Violence Protection Act of 2000 for victims of certain enumerated crimes which occur in the United States. The Act provides for up to 10,000 visas yearly for such victims. U nonimmigrants may be eligible for adjustment of status after three years of continuous presence where reasons of humanitarian grounds, family unity or public interest justify such a grant. An alien may be classified as a U nonimmigrant if the Secretary of Homeland Security determines that: (1) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; (2) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning such criminal activity; (3) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a federal, state, or local law enforcement official, to a federal, state, or local prosecutor, to a federal or state judge, to the Bureau of Immigration and Customs Enforcement (BICE), or to other federal, state, or local authorities investigating or prosecuting such criminal activity; and/or (4) the criminal activity violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States. If the Secretary of Homeland Security considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described above, the Secretary of Homeland Security may also grant U nonimmigrant status based upon certification of a listed government official that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien. The number of principal aliens who may be issued visas or otherwise provided status as U nonimmigrants in any fiscal year will not exceed 10,000. Unfortunately, there is a great deal of red tape and unchecked processes of the U Visa which lead to years of waiting.

How can I get a Humanitarian Parole to get into the United States

Question: I must get into the U.S. and have been denied at every corner. Is there anything I can do?

Answer: U.S. Citizenship and Immigration Services (USCIS) provides a number of humanitarian programs
and types of protection for individuals in need of shelter and/or aid from disasters, oppression,
emergency medical issues and other urgent conditions. Humanitarian parole is one such
program.

Humanitarian parole enables an otherwise inadmissible individual to enter the U.S. temporarily
due to a compelling emergency. USCIS may grant humanitarian parole based on urgent,
compelling reasons, or to promote a significant public benefit. This parole does not confer any
permanent immigration status, but does enable a recipient to apply for and receive employment
authorization.

Humanitarian parole is typically granted for the duration of the emergency or compelling situation
at issue. Anyone granted humanitarian parole must depart the U.S. prior to its expiration date or
risk negative immigration consequences. It is possible, however, to request while in the U.S., a re-
parole of a previously accorded humanitarian parole period.

Anyone can file an application for humanitarian parole, including the prospective parolee, a
sponsoring relative, an immigration attorney, or any other interested individual or organization. Requests for
humanitarian parole may only be accepted for individuals who are outside the U.S.; unless such
request pertains to a re-parole of a prior humanitarian parole granted at USCIS headquarters in
Washington, D.C.

Question:  Where can I find the law about humanitarian parole?

Answer: The legal foundation for humanitarian parole comes from the Immigration and Nationality Act
(INA). Section 212(d)(5)(A) of the INA states USCIS has discretion to parole an individual into the
U.S. temporarily under certain conditions for urgent humanitarian reasons or significant public
benefit on a case-by-case basis.

Question:  Where do I file a request for humanitarian parole?

Answer:  You file a request for humanitarian parole using Form I-131, Application for Travel Document,
with the Form I-134, Affidavit of Support, to:
Department of Homeland Security, USCIS
Attn: Chief, Humanitarian Affairs Branch
20 Massachusetts Avenue, NW Suite 3300
Washington, DC 20529-2100

Question: How long does it take to adjudicate an application?

Answer:  Humanitarian parole applications are generally adjudicated within 90-120 business days from
the time USCIS receives the application.

Question:  How can I find out the status of my application?

Answer:  To check the status of your application, contact the Chief of the Humanitarian Affairs Branch at
the above address. Please provide specific information about your application, such as the case
number of the humanitarian parole application, the name, and date of birth of the petitioner, the
date of application, and a brief explanation of the reasons for seeking parole.

Question:  Can USCIS adjudicate humanitarian parole applications for individuals currently in the
United States?

Answer:  Requests for humanitarian parole can only be accepted for individuals who are currently
outside the U.S. However, where USCIS Headquarters has already granted parole for
humanitarian reasons, an individual in the U.S. may file a request to for re-parole.

Question:  How will I be notified if my request is approved?
Answer:  If you are the applicant, you will receive a written notice when your application has been
adjudicated.

Question:  For what period of time will I be granted humanitarian parole?
Answer:  Humanitarian parole is typically granted for the duration of the emergency or compelling
situation at issue. It is seldom granted for longer than one year.

Question: Who can file an application for humanitarian parole?

Answer:  Anyone can file an application for humanitarian parole, including the prospective parolee, a
sponsoring relative, an attorney, or any other interested individual or organization.

Question:  What can I do if my case is not approved?

Answer:  The denial of a request for humanitarian parole is a discretionary determination based upon a
complete review of all of the circumstances described in the documents submitted in each case.
The law does not provide for appeal of a denial. However, if there are significant new facts that are
relevant to your application for humanitarian parole, you may submit a new Form I-131 to the
address above with a new fee and supporting documentation.

Of course you need to be sure all medical documentation and any other supporting documentation for the Humanitarian Parole is submitted.

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