San Jose Humanitarian Visa Lawyer
Consult a San Jose Immigration Attorney
If you are a noncitizen for whom the law bestows eligibility for humanitarian relief, then you may qualify for an immigration benefit through one of the programs offered by U.S. Citizenship & Immigration Services (USCIS). Humanitarian relief is only granted in specific circumstances, so to understand whether you may qualify, consult with immigration attorney Timothy D. Widman. He offers trusted representation to individuals in San Jose, San Jose, Mountain View, Sunnyvale, Milpitas, Fremont, and throughout the Bay Area.
Tell the lawyer about your case by filling out an online evaluation form today.
Who qualifies for a humanitarian visa or other form of humanitarian protection?
USCIS administers several programs whose purpose is to protect and assist eligible individuals when conditions or circumstances exist which would make it unsafe or undesirable for them to return to their home country or last place of habitual residence.
Examples of such humanitarian-based benefits programs include the following:
- Refugee: Refugee status is a form of protection for someone who is unable or unwilling to return to his or her country of nationality or habitual residence because of past persecution or a well-founded fear of persecution on account of one or more protected grounds.
- Battered spouse, children, & parents: If you are the abused noncitizen spouse, child, or parent of a U.S. citizen or lawful permanent resident, you may be able to self-petition for lawful permanent residence status under the provisions of the Violence Against Women Act (VAWA). Also under VAWA, victims of qualifying criminal activity, including but not limited to domestic violence, who have assisted law enforcement in the investigation or prosecution of the crime which resulted in substantial abuse to them, can qualify for a U visa.
- Temporary Protected Status (TPS): Individuals who are nationals of, or last habitually resided, in countries designated by the Secretary of Department, may be eligible to register, or re-register, for TPS and remain in the United States and obtain employment authorization so long as the TPS designation remains in effect.
- Special Immigrant Juveniles (SIJ) status: Offered to children who are in the U.S. because of abuse, abandonment, or neglect by their parents, who cannot return to their home country, who cannot be reunited with a parent due to such abuse, abandonment or neglect, and who are the subject of a state court order which satisfies the legal requirements for SIJ status. SIJ status can lead to the issuance of a green card permitting a child to permanently reside and work in the United States.
- Asylum: Protection for those who meet the definition of a refugee but are already in the U.S. and are applying affirmatively (not in removal (deportation) proceedings) or defensively (in removal proceedings).
- Victims of human trafficking: Victims of human trafficking may seek the protection afforded by the T nonimmigrant visa classification which allows them to remain in the United States while assisting law enforcement in the investigation or prosecution of human trafficking crimes.
Consideration of Deferred Action for Childhood Arrivals (DACA):
Due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Consult with an Experienced Immigration Attorney.
Given the complex eligibility and evidentiary requirements for each program, and the potentially serious consequences of not getting help or getting the wrong kind of help, it is best to consult with a competent attorney who can explain the process and guide you to a successful outcome.
Attorney Widman can review your case and help you pursue the right solution depending on your particular circumstances. As a San Jose immigration lawyer for who has successfully handled hundreds of immigration cases, he can be trusted to provide competent, vigorous representation.
Get in touch with the firm today to begin pursuing necessary immigration relief by way of a humanitarian visa or other humanitarian-based immigration benefit!
“He always responded quickly to emails and kept us in the loop and feeling like he was always there for us during the entire process.”
“His willingness to listen and communication skills are very great.”
“He is highly intelligent, meticulous, thorough, and best of all takes a very personal, involved, and caring approach when handling your case.”