Our government has a hallowed tradition of humanitarianism, which is often extended to non-citizens in need.

The U.S. government, through the United States Citizenship and Im­migration Services (“USCIS”) provides a num­ber of humanitarian programs and protec­tions to help individuals in need of shelter or aid from natural disasters, oppression, emer­gency medical issues, and other urgent cir­cumstances. There are many different types of humanitarian options available including: ref­ugee status; political asylum; battered spouse protection, for spouses, children and parents; protection for victims of human trafficking and other crimes; temporary protected status; deferred enforced departure; and considera­tion of “deferred action for childhood arrivals (DACA)” process. More particularly, humanitari­an aid is available in cases such as:

Refugee: Under United States law, a refu­gee is someone who:

Is located outside of the United States;

Is of special humanitarian concern to the United States;

Demonstrates that he was persecuted or fears persecution due to race, religion, nationality, political opinion, or based on his membership in a particular social group;

Is not yet firmly resettled in another country, and

Is admissible to the United States.

Asylum: Every year people come to the United States seeking protection because they have suffered persecution or because they fear that they will suffer persecution due to: race, religion, nationality, member­ship in a particular social group or politi­cal opinion. They must present evidence of such persecution.

Battered spouse, children and parents: This humanitarian status serves as a form of pro­tection to a battered spouse, child or parent, allowing the affected person to file an immi­grant visa petition under the Immigration and Nationality Act (INA), as amended by the Vio­lence Against Women Act (VAWA).

Victims of human trafficking and other crimes: Human trafficking, or trafficking in persons, is a type of slavery in which traf­fickers lure individuals with false prom­ises of employment and a better life in a different region. Such lured victims, as a result, often also fall victim to many oth­er crimes in the U.S., such as rape, mur­der, domestic violence, and sexual assault. There are two types of relief for such vic­tims of human trafficking:

T Nonimmigrant Status (T Visa): The T visa provides immigration protection to victims of trafficking, allowing vic­tims to remain in the U.S. and assist law enforcement authorities in the inves­tigation or prosecution of human traf­fickers.

U Nonimmigrant Status (U Visa): The U visa provides immigration protection to crime victims who have suffered substantial mental or physical abuse as a result of the crime. This visa also al­lows victims to remain in the U.S. to as­sist law enforcement authorities in the investigation or prosecution of crimi­nal activity.

Temporary protected status (TPS): The Secretary of Homeland Security may desig­nate a foreign country for TPS status due to conditions in the country that temporarily prevent the country’s nationals from return­ing home safely, or in certain circumstanc­es, where the country is unable to properly handle the return of its nationals. USCIS may grant TPS status to eligible nationals of cer­tain countries (or parts of countries), who are already in the United States. Eligible individu­als without nationality who last resided in the designated country may also be granted TPS status. The Secretary may designate a coun­try for TPS due to the current temporary con­ditions in the country such as:

Ongoing armed conflict (such as civil war);

An environmental disaster (such as an earthquake or hurricane), or an epidem­ic, or

Other extraordinary and temporary conditions.

Deferred Enforced Departure (DED): As part of the power to conduct foreign re­lations, DED is in the President’s discre­tion to authorize special humanitarian help and is not a specific immigration or visa status. Individuals covered by DED are held not to be subject to removal from the United States for a designated period of time.

Consideration of deferred action for childhood arrivals(DACA status): An indi­vidual may request consideration of de­ferred action for childhood arrivals if that person:

Was under the age of 31 as of June 15, 2012;

Came to the United States before reaching his/her 16th birthday;

Has continuously resided in the Unit­ed States since June 15, 2007, up to the pre­sent time;

Was physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;

Entered without inspection before June 15, 2012, or where his/her lawful im­migration status expired as of June 15, 2012;

Is currently in school, has graduated or obtained a certificate of high school com­pletion, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or the Armed Forces of the United States; and

Has not been convicted of a felony, a sig­nificant misdemeanor, or of three or more other misdemeanors, and does not other­wise pose a threat to national security or pub­lic safety.

Special Situations: In certain circum­stances, individuals who are affected by natural catastrophes or other extreme sit­uations may qualify, such as the Haitian earthquake of 2010.

Individuals believing that they qualify for a humanitarian visa “humanitarian pa­role,” must file an application and provide a detailed compelling and convincing ex­planation as to why such status should be granted. If granted, the applicant, who may be otherwise inadmissible into the United States, is allowed to enter for a temporary period of time or until the emergent cir­cumstances are resolved. Such parolees must depart the United States prior to the expiration date of their parole unless an extension is granted.

At Wildes & Weinberg, P.C., we have helped individuals from all over the world gain protection in the USA. We under­stand how difficult and heart-wrenching this process can be. If you believe that you or anyone you know can benefit from the exercise of one of these humanitarian ben­efits, please contact our office so we can better assess eligibility.

* This article is based on information available as of its publication and is not in­tended to be all-inclusive or to furnish ad­vice in a particular case. We are not respon­sible for any changes in regulations that may occur subsequent to publication. Please feel free to contact our office for further in­formation and advice.

Michael J. Wildes, is the Managing Partner of Wildes and Weinberg, P.C. Wildes and Weinberg, P.C. has offic­es in New York, New Jersey and Florida. If you would like to contact Michael Wildes please email him at mi­[email protected] and visit the firm’s website at www.wildeslaw.com.

By Michael J. Wildes