Humanitarian Aid & Inadmissibility Waiver – Wisconsin Immigration Attorneys in Milwaukee

DACA & Inadmissibility Waiver - Immigration Attorneys in Milwaukee

The United States provides a refuge of opportunity and relief from crisis for many. Therefore, our immigration policies should strive to saving lives, alleviate human suffering, and maintaining human dignity. Indeed, many immigration programs exist to respond to humanitarian crises. U.S. humanitarian immigration programs respond to a variety of crises, whether as a result of natural disasters or social conflict. Correspondingly, our Milwaukee, Wisconsin, immigration attorneys are available to provide crisis relief using the United States’ humanitarian immigration programs.

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Frequently asked questions about humanitarian relief and protection available through United States immigration programs

  • What humanitarian benefits are available though United States immigration?
  • What is a waiver of inadmissibility?
  • Are there some grounds of inadmissibility that can’t be waived?
  • How do you document extreme hardship?
United States immigration law humanitarian relief programs include:
Amnesty programs
Deferred Action for Childhood Arrivals (DACA)

Specifically, DACA is a non-immigrant discretionary decision by USCIS to allow eligible applicants who came to the US as children to remain without fear of removal. Additionally, deferred action for childhood arrivals is renewable every 2 years. Further, a recipient may apply for work authorization. The relevant immigration form to apply is I-821D.  

*** On 9/5/17 USDHS issued a memorandum rescinding the DACA program and indicating intent to conclude the program by 3/5/18.

According to the memo, effective immediately, however, USCIS would stop accepting new applications. Further, the memorandum stated that renewal DACA applications for those expiring before 3/5/17, and received by 10/5/17, would be determined on a case by case basis. However, renewal DACA applications received after 10/5/17 will be rejected.  

The 9/5/17 DHS memo also informed of policy changes affecting advanced parole to travel outside the US. This memorandum indicated that advanced parole will no longer be granted. Moreover, according to the memo, previously granted advance parole will be generally honored subject to USCBP admissibility determination. USCBP (United States Customs and Border Patrol) maintains the authority to determine admissibility of any person presenting advanced parole documents.  Finally, according to the memo, individuals with current DACA status will not have their EAD Cards and previously granted deferred action automatically revoked. In particular, for the aforementioned individuals, their deferred action and employment authorization will remain valid until the current EAD card expiration date.  However, USCIS will continue to use their discretion to terminate deferred action when they determine that termination of deferred action is warranted.

For up to date information on the DACA policy changes, ask our Wisconsin immigration attorneys in Milwaukee.

Deferred Enforced Departure

Deferred enforced departure is a non-immigration status that allows qualified individuals to stay in the U.S. and apply for work. Specifically, the successful deferred enforced departure applicant receives permission to stay in the United States for a limited time, according to a presidential directive.

Disaster Relief

Disaster relief may remedy a lack of status due to a natural or catastrophe or other extreme situation. However, to qualify for disaster relief, that situation must have caused the applicant to become out of status. Correspondingly, disaster relief provides assistance by extending an applicant’s status or offering an opportunity to change status.

Fee waivers

Specifically, fee waivers may defer some costs of petitions or applications for immigration benefits.

Humanitarian Parole

Humanitarian parole may authorize an otherwise inadmissible applicant to the U.S. to come to the US for a limited time. Grounds for humantarian parole are generally due to a compelling emergency, urgent humanitarian reason, or significant public benefit. Form I-131, Application for Travel Document, allows parole into the United States for humanitarian reasons.

Humanitarian Reinstatement

Humanitarian reinstatement is granted at the discretion of Attorney General. Specifically, humanitarian reinstatement allows for reinstatement of a revoked approved family sponsored petition using an eligible family member substitute sponsor. For example, substituting sponsorship with an eligible family member may be appropriate following a petitioner’s death before the alien beneficiary obtained permanent residence. Necessary forms include I-864 Affidavit of Support. 

LIFE Act

The LIFE Act, INA 245(i), allowed some admissible individuals and grandfathered individuals physically present in the US on December 21, 2000 to adjust status. Specifically, it required paying a fee if the person was a beneficiary of a properly filed and approvable I-130 or I-140 immigrant petition filed on or before April 30, 2001 and a visa is immediately available to them.

Permission to reapply for admission to the United States after deportation or removal.
Refugee Status /Asylum

If you have been persecuted or fear persecution due to specified factors, you may apply for refugee status, or asylum. Eligible factors include persecution, or fear thereof, on the basis of any of the following:

  • race
  • religion
  • nationality
  • social or political membership.

The correct form to apply for refugee status or asylum is I-589, application for asylum and withholding of removal. However, if you are seeking asylum in the United States, you must apply within 1 year of yor arrival. You may also bring your children, using form I-730 Refugee/Asylee Relative Petition. Our Wisconsin immigration attorneys in Milwaukee can help anyone seeking asylum in the United States.

T Visa

T visas result in a non-immigrant visa. However, T visas are useful to protect victims of human trafficking during the investigation and prosecution of trafficking cases.

Temporary Protected Status (TPS)

If you receive temporary protected status you may stay in the U.S. for a limited time. Temporary protected status may be available when extraordinary conditions temporarily prevent a safe return to your Homeland Security designated TPS home country. Extraordinary conditions that may provide a basis for temporary protected status often include on-going armed conflict, environmental disaster or other temporary and extraordinary condition. To apply for temporary protected status, ask a Wisconsin immigration attorneys in Milwaukee to help you with form I-821.

U Visa

A U visa is a non-immigrant visa. Specifically, a U visa provides protection to crime victims suffering substantial mental or physical abuse from a crime during the investigation or prosecution of the crime.

Victims of Domestic Violence and Abuse 

US immigration confers immigrant status to spouses, children, and parents who have been battered or abused by, or are parents of children who have been abused by, a United States citizen or permanent resident. In particular, to seek immigrant status in Wisconsin as a result of domestic violence or abuse, we recommend you contact knowledgeable immigration attorneys in Milwaukee. Specifically, an applicant for a green card based upon suffering domestic violence or abuse must file an I-360 Petition for Amerasian, Widow(er), or Special Immigrant. You can learn more about obtaining immigrant status as a victim of domestic abuse or violence by reading more here.

Victims of Human Trafficking and other Crime Victims
Waiver of Grounds of Inadmissibility

 The decision whether to grant an inadmissibility waiver for purposes of United States immigration is a discretionary determination. In particular, if an applicant demonstrates extreme hardship through a petition to waive inadmissibility grounds, it can result in a waiver of a finding or grounds for inadmissibility to the United States. Indeed, a waiver of inadmissibility can provide immigration benefits to persons seeking an immigrant visa, non-immigrant visa, or adjustment of status.  Notably, the process differs for waivers for non-immigrant benefits. Waivers may be available for applicants for the following grounds of inadmissibility:  

  • health related
  • particular criminal grounds
  • membership in a totalitarian party
  • specific forms of immigration fraud or misrepresentation
  • smugglers
  • the 3 or 10 year bar to U.S. admission based on prior unlawful presence in the United States, or after a prior immigration violation, for defined petitions
  • due to a prior removal or deportation specific to specified petitions
  • defined grounds applicable to TPS applicants
  • many grounds specific to T-visa holders
  • certain other petitions
Waivers for Reapplication for Admission

A waiver for reapplication for admission is a discretionary determination by immigration officer that can waive the 5, 10, or 20 year bar to readmission after a deportation.  

Do some grounds of inadmissibility exist that can’t be waived?

Some grounds of inadmissibility create a permanent bar for admission to the United States as an immigrant (permanent resident). Inadmissibility bases that create a permanent bar to obtaining an immigrant visa include most ineligibilities for controlled substances offenses (except single offense of simple possession of less than 30 grams of marijuana) and false claims of United States citizenship. In contrast, some bases for inadmissiblity create a 10 year bar to applying for a waiver. Offenses that result in a 10 year bar to applying for a waiver include generally anyone who did any of the following:

  • spent one year or more illegally in the United States
  • entered or tried to reenter the United States without inspection
  • reentered illegally after a prior deportation

However, persons ineligible or inadmissible as a permanent resident under the above circumstances may still be able to apply for a non-immigrant waiver.

Factors that may be considered in determining extreme hardship

To meet the burden to demonstrate extreme hardship, the applicant must show hardship is caused to a qualified family member. The fact that a hardship may exist for the applicant is not what matters for waiver purposes. Again, the applicant must show a demonstrable hardship to a qualified family member, not to the person seeking a visa.  

An applicant may demonstrate extreme hardship to a qualified family member based upon factors including any of the following:

  • health
  • education
  • fear of persecution or personal harm
  • financial considerations
  • personal considerations such as separation from spouse or children, ages of people affected, length of residence and community ties in the United States
  • other issues of culture, language, religion or ethics

Finally, contact Milwaukee immigration lawyers to assist you with any of your United States immigration law needs today. You could also check out our areas of practice to see all the ways our law firm can assist you.