When every means of legally entering the country seem to be exhausted, there is a last-resort opportunity that might help you bring a family member into the country. A humanitarian visa is available under special circumstances and could potentially be used to buy time to explore other options. If you have a family member who has been denied a visa or green card, here is what you need to know.
What Is a Humanitarian Visa?
Unlike other visas, such as a work or school visa, a humanitarian visa is based solely on an emergency situation. The visa would allow a family member to legally enter the country for a temporary period of time to handle an emergency situation.
For instance, a family member who is in need of medical treatment in the United States could apply for a humanitarian visa. If approved, your family member would be allowed to remain in the country while receiving care. Once treatment is completed, your family member will have to return to his or her country.
What Is the Application Process?
The application for the humanitarian visa has to be submitted to the United States Citizenship and Immigration Service, or USCIS. It can take weeks or longer to process the application, so it is imperative that your family member submit the application as soon as it is apparent it is needed. If your family member is appealing a different visa or green card denial, he or she can still move forward with the request for the humanitarian visa.
During the application process, your family member will need to explain why he or she should be allowed into the country for the temporary period. It is important to remember that the reason needs to be compelling and also provable.
For instance, if your family member is basing the application on medical reasons, the USCIS might require a letter from a treating physician and copies of medical records as evidence. The treating physician will need to explain specifically why treatment is not possible in your family member's country.
Unfortunately, not all humanitarian visa requests are granted. There is an appeals process, but to help decrease the likelihood that your relative will have to rely on it, work with an immigration lawyer from a law firm like the Law Office of Amy M. Wax, P.C. from the start. The lawyer can not only help with applying for the visa, but also help with determining how likely it is that an appeal of previously denied green card or visa applications would be successful.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.