Humanitarian Relief

U-Visa Services Explained:
The U nonimmigrant visa, or U visa, offers vital protection and assistance to individuals who have endured serious crimes and have suffered physical or mental harm as a result. This visa enables victims to collaborate with law enforcement or government officials in the criminal case, offering a pathway to legally stay in the U.S. for up to four years, with the potential for permanent residency. Approved applicants gain access to work authorization and may qualify for benefits including medical and mental health services, as well as educational opportunities. Established by the Victims of Trafficking and Violence Protection Act of 2000, the U visa aims to support victims of crimes like human trafficking, domestic violence, and sexual assault, providing them a safe haven and the means to rebuild their lives while contributing to the pursuit of justice and aiding law enforcement efforts.

Asylum Services Explained:
Understanding Asylum: Asylum is a safeguard for individuals of foreign nations who have faced or fear persecution due to:
(i) Race
(ii) Religion
(iii) Nationality
(iv) Political Opinion
(v) Membership in a Specific Social Group

Claiming Asylum: How It Works
1. Defensive Asylum for Recent Arrivals: Individuals apprehended while entering the U.S. without proper documentation will go through a credible fear interview (CFI). Individuals who passed their CFI are placed in removal proceedings where you may submit an asylum application to the Immigration Court.

2. Defensive Asylum in Deportation Proceedings: If already in the U.S., asylum can be claimed as a defense against deportation or removal.
- Must be claimed within the first year of entry, barring exceptional circumstances.
- Other protections, such as Convention Against Torture Protection or Withholding of Removal, may be available.

3. Affirmative Asylum: Submission of Form I-589, for those within the U.S. and not in removal proceedings, starts the process with the USCIS rather than immigration courts.
- Must be applied for within the first year of arrival, barring exceptional exceptions.

Affirmative vs. Defensive Asylum:
- Affirmative Asylum involves a non-adversarial interview with a USCIS officer, with the option for legal representation.
- Defensive Asylum occurs in Immigration Court, is adversarial, and also allows for legal representation against arguments from DHS-ICE attorneys.

Asylum Benefits:
Work Authorization: May file 150 days after filing for asylum, with specific timelines for affirmative and defensive applicants.

Successful Asylum Grant: Leads to an approval letter or order granting asylum, allowing for legal status in the U.S. with conditions.

Family Inclusion: Immediate family members of asylees may be included as derivatives in the application or petitioned for within two years of grant through an I-730 Petition.

Permanent Residency and Citizenship: Asylees can apply for permanent residency after one year since grant of asylum, and citizenship five years after the date of their admission to lawful permanent residence.

Proving an Asylum Case Involves:
Demonstrating the applicant was persecuted. Including serious harm or threats based on specific protected reasons.
The applicant will need to identify the persecutor. Either a state or a non-state actor the government cannot or will not control.
- Link to Protected Classes: The persecution must be due to race, religion, nationality, political opinion, or social group membership.
- Particular Social Groups: Defined by immutable characteristics, visibility/social distinction, and may include family, gender-related persecution, or LGBT identities.

This process can be complex and nuanced, making skilled legal representation vital for those seeking asylum in the United States.

To begin discussing your case and exploring how we can assist you, please don't hesitate to schedule your initial consultation. You can reach us by email, phone, text, or through our online contact form. We're here to guide you through every step of the process.