The EB-5 Investor Visa
The United States offers one of the world’s best business-friendly environments and the largest customer base for foreign investors. This...
Because humanitarian petitions often involve sensitive and deeply personal circumstances, the application process requires careful preparation and thoughtful legal guidance. Each case must clearly demonstrate eligibility under the law while presenting the applicant’s circumstances with accuracy and supporting evidence.
For many individuals, humanitarian relief represents an opportunity to move forward toward safety and stability after experiencing significant hardship. Immigration protections may allow eligible applicants to obtain lawful status, employment authorization, and, in some cases, a pathway toward permanent residence in the United States. Understanding the available options and pursuing the appropriate form of relief can be an important step toward building a more secure future.
Working with an experienced immigration attorney can help ensure that your case is evaluated thoroughly and presented with care. The Milovic Law Firm approaches humanitarian cases with professionalism, discretion, and a commitment to helping individuals pursue the protection available under U.S. immigration law.
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To qualify for asylum, you must show that you have suffered past or fear future persecution in your home country.
Your fear of persecution or the past persecution you have suffered must be on account of your race, religion, nationality, political opinion or membership in a particular social group. You must be physically present in the U.S. to apply for and be granted affirmative asylum. Generally, you must apply for affirmative asylum within 12 months of arriving to the U.S. unless you can show good cause for your delay.
You may be eligible to apply for work authorization within one year of your pending asylum application. If your asylum status is granted, you may also petition on behalf of your spouse and minor children (unmarried children under 21). Individuals with granted asylum status may apply for permanent residency (green card) after one year.
Note that this type of affirmative asylum differs from defensive asylum, which may be raised as defense once you have been placed in removal proceedings before an immigration judge.
Countries are designated for Temporary Protected Status (TPS) due to exigent circumstances which prevent nationals from that country to return safely.
Exigent circumstances warranting TPS may be an ongoing armed conflict, environmental disaster or epidemic. The Department of Homeland Security (DHS) designates countries for TPS and initiates certain periods in which TPS beneficiaries may register.
During the designated period, TPS beneficiaries may receive work and travel authorization. To maintain status, TPS beneficiaries must also re-register during designated re-registration periods. TPS is a temporary immigration benefit and does not grant eligibility for permanent residence (green card).
Humanitarian parole may be requested by individuals who are outside of the United States based on humanitarian or significant public benefit reasons.
The duration of the parole is granted based upon individual circumstances, but usually may not be longer than one year. The categories designated by USCIS which qualify for temporary humanitarian relief are as follows:
Certain individuals who are present in and came to the U.S. unlawfully as children may be eligible for deferred action under DACA.
Deferred action is an immigration benefit which does not provide lawful status but will delay the removal of such individual from the U.S. DACA recipients qualify for work authorization and may be eligible to receive travel authorization
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