Removal proceedings can place your future in the United States at risk, but immigration law provides several humanitarian forms of relief depending on your circumstances. If you are a victim of a crime or trafficking, there could be a path to remaining in this country that is not available to everyone.
Our team is ready to help you explore humanitarian defenses against deportation in Scottsdale. Let our compassionate deportation defense attorneys review your situation and advise you on your options.
Despite its name, the Violence Against Women Act (VAWA) protects both women and men who have experienced abuse by certain family members who are U.S. citizens or lawful permanent residents. This is one of the most common humanitarian defenses used in Scottsdale deportation cases.
VAWA allows eligible immigrants to avoid deportation and potentially obtain a visa without having to rely on the abusive family member to sponsor them. This is important, as it takes away a point of leverage from their abuser.
Many victims remain in harmful situations because they fear deportation or believe the abusive family member controls their immigration status. VAWA was designed to address that problem by allowing victims to pursue immigration relief independently.
The Convention Against Torture (CAT) protects individuals who would likely face torture if returned to their home countries. To qualify, an applicant has to show that they are more likely than not to be tortured by their government if forced to return. This standard differs from asylum because it focuses specifically on the risk of torture rather than persecution based on a protected characteristic.
Convention Against Torture protection does not automatically lead to a green card, but it can shield you from deportation back to a dangerous situation. This type of humanitarian defense for Scottsdale immigrants can open the door for other types of visas, too.
Humanitarian parole allows certain non-residents to enter or remain in the United States temporarily because of urgent humanitarian circumstances. This parole can also be used if there is proof that allowing them to enter the country would provide a significant public benefit. This form of relief typically applies in extraordinary situations. Some common examples include serious medical emergencies, urgent family situations, or other compelling humanitarian concerns.
Humanitarian parole does not provide someone with permanent immigration status. However, it may allow an individual to remain in the United States lawfully for a specific period without being removed. In Scottsdale, this could give that person the chance to pursue other immigration avenues, including certain humanitarian immigration protections, without having to leave and come back to the U.S.
U visas and T visas protect certain victims of crimes and human trafficking. A U visa may be available to victims of qualifying criminal activity who suffered substantial harm and assisted law enforcement authorities with the investigation or prosecution of the crime. Crimes such as domestic violence, sexual assault, kidnapping, and other serious offenses may qualify.
A T visa is designed for victims of human trafficking. Individuals who were forced, coerced, or deceived into labor or commercial sex activities may qualify for this form of protection.
Both visa categories can provide lawful status, work authorization, and eventual opportunities to pursue lawful permanent residence. These forms of relief are often considered humanitarian immigration options. Attorneys at our firm in Scottsdale can help you understand if you or a loved one is eligible.
Federal law offers several humanitarian defenses against deportation in Scottsdale. If you are ready to explore your options, reach out to our firm as soon as possible. We look forward to fighting for you.