USA Humanitarian-Based Green Card: Providing Protection for Refugees and Asylees

If you are a refugee, asylee, or someone in need of protection, the United States offers a humanitarian-based green card program that may provide you with a path to permanent residency. This program is designed to help those who have fled their home countries due to persecution, war, or other dangerous circumstances. It offers a way for individuals to legally live and work in the United States, with the possibility of eventually becoming a citizen.

To be eligible for a humanitarian-based green card, you must meet certain criteria. This includes demonstrating that you have been persecuted or fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group. You must also be admissible to the United States, meaning that you do not have a criminal record or pose a threat to national security.

The process of obtaining a humanitarian-based green card can be complex and time-consuming. However, with the help of an experienced immigration attorney, you can navigate the process and increase your chances of success. In the following sections, we will explore the requirements for obtaining a humanitarian-based green card and provide tips for making your application as strong as possible.

Understanding Humanitarian-Based Green Card

If you are seeking to live in the United States for humanitarian reasons, you may be eligible for a humanitarian-based green card, also known as a lawful permanent resident (LPR) status. This type of green card is specifically designed for people who are in need of protection, such as refugees, asylees, and victims of human trafficking.

To apply for a humanitarian-based green card, you must meet certain eligibility requirements set by the United States Citizenship and Immigration Services (USCIS). These requirements may vary depending on your situation and the type of protection you are seeking. Generally, you must demonstrate that you have been persecuted or fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group.

Once you have been granted a humanitarian-based green card, you will become a permanent resident of the United States. This means that you will have the right to live and work in the United States, as well as travel in and out of the country freely. You will also be eligible for certain benefits, such as social security and Medicare.

It is important to note that obtaining a humanitarian-based green card can be a complex and lengthy process. You may need to provide extensive documentation and attend interviews with USCIS officials. However, with the help of an experienced immigration attorney, you can increase your chances of success and ensure that your rights are protected throughout the process.

Overall, if you are in need of protection for humanitarian reasons, a humanitarian-based green card may be a viable option for you to consider. It is important to consult with a qualified immigration attorney to determine your eligibility and navigate the application process.

Eligibility Criteria

To be eligible for a USA Humanitarian-based green card, you must meet certain criteria. The main categories of people who may be eligible for this type of green card include refugees, asylees, and other individuals in need of protection.

To qualify as a refugee, you must be unable or unwilling to return to your home country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, social group, or political opinion. You must also be unable to avail yourself of the protection of your home country.

As an asylee, you must also demonstrate that you are unable or unwilling to return to your home country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, social group, or political opinion. However, unlike refugees, you must be physically present in the United States when you apply for asylum.

In addition to refugees and asylees, there are other individuals who may be eligible for a USA Humanitarian-based green card. These include victims of human trafficking, crime victims who have suffered substantial harm, and individuals who have been granted Temporary Protected Status (TPS) due to conditions in their home country that prevent them from returning safely.

To be eligible for a USA Humanitarian-based green card, you must also meet certain other requirements. These may include passing a medical examination, demonstrating that you are not inadmissible to the United States on criminal or other grounds, and meeting any other eligibility criteria specific to your situation.

Overall, the eligibility criteria for a USA Humanitarian-based green card are designed to ensure that those who are most in need of protection are able to obtain legal status in the United States. If you believe that you may be eligible for this type of green card, you should consult with an experienced immigration attorney to discuss your options and determine the best course of action for your situation.

Application Process

To apply for a USA humanitarian-based green card, you will need to follow a specific process. The process can vary depending on your specific situation, but generally, it involves the following steps:

  1. Determine Eligibility: First, you must determine if you are eligible for a humanitarian-based green card. This includes being a refugee, asylee, or other person in need of protection. You can find more information on eligibility requirements on the USCIS website.

  2. File Form I-765: If you are eligible, you will need to file Form I-765, Application for Employment Authorization. This form allows you to work in the United States while your green card application is being processed.

  3. File Form I-130: If you are a refugee or asylee, you may also need to file Form I-130, Petition for Alien Relative. This form is used to establish a relationship between you and your petitioner, who may be a family member or other individual who is helping you with your application.

  4. File Form I-131: You may also need to file Form I-131, Application for Travel Document. This form allows you to travel outside of the United States while your green card application is being processed.

  5. Include Supporting Evidence: When you file your application, you will need to include supporting evidence to establish your eligibility. This can include documents such as your refugee or asylee status, birth certificate, passport, and more.

  6. Wait for Receipt Number: Once you file your application, you will receive a receipt number. This number can be used to track the status of your application online.

  7. Wait for USCIS Officer Review: Your application will be reviewed by a USCIS officer on a case-by-case basis. This process can take several months or longer, depending on the complexity of your case.

  8. Respond to Requests for Evidence: If the USCIS officer needs more information or evidence to make a decision on your case, they may issue a Request for Evidence (RFE). You will need to respond to the RFE in a timely manner to avoid processing delays.

Overall, the application process for a USA humanitarian-based green card can be complex and time-consuming. It is important to follow the instructions carefully and include all necessary supporting evidence to increase your chances of success.

Categories of Protection

If you are in need of protection in the United States, there are several categories of humanitarian-based green cards that you may be eligible for. These include:

Refugee Status

Refugee status is available to individuals who are unable or unwilling to return to their home country due to a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. In order to be eligible for refugee status, you must be outside of the United States and be referred by the United Nations or another designated organization.

Asylum

Asylum is similar to refugee status, but is available to individuals who are already in the United States and are unable or unwilling to return to their home country for the same reasons as those seeking refugee status. To be eligible for asylum, you must apply within one year of your arrival in the United States, unless you can show that there are exceptional circumstances that prevented you from applying earlier.

Temporary Protected Status

Temporary Protected Status (TPS) is a temporary immigration status that is available to individuals who are unable to return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. TPS is granted for a limited period of time and may be extended if conditions in the home country do not improve.

Humanitarian Parole

Humanitarian Parole is a temporary immigration status that is available to individuals who are otherwise inadmissible to the United States, but have a compelling humanitarian reason for being allowed to enter. Humanitarian Parole is granted on a case-by-case basis and is generally only available in emergency situations.

Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is a program that provides temporary protection from deportation to individuals who were brought to the United States as children and meet certain eligibility requirements. DACA does not provide a path to permanent residency, but does allow individuals to work legally in the United States.

Removal Proceedings

If you are in the United States and are facing removal proceedings, you may be eligible for relief from removal under certain circumstances. This may include asylum, cancellation of removal, or other forms of relief. It is important to consult with an experienced immigration attorney to determine your eligibility for relief from removal.

Employment and Travel Provisions

Once you have obtained a Humanitarian-based green card, you are eligible to work in the United States. However, you may need to obtain an Employment Authorization Document (EAD) before you can start working. This document serves as proof of your eligibility to work in the US and is issued by the United States Citizenship and Immigration Services (USCIS). You can apply for an EAD by submitting Form I-765 along with the required supporting documents.

It’s important to note that some Humanitarian-based green card holders may be eligible to work without an EAD. For example, refugees are automatically authorized to work in the US as soon as they are admitted. Asylees are also eligible to work without an EAD for up to 180 days after their application for asylum is granted.

In addition to employment, Humanitarian-based green card holders can also travel outside of the United States. However, you may need to obtain a travel document before you can leave the country. The Refugee Travel Document (RTD) is issued to refugees and the Re-Entry Permit is issued to all other Humanitarian-based green card holders. Both documents serve as proof of your legal status in the US and your ability to re-enter the country after traveling abroad.

It’s important to note that if you leave the United States without obtaining a travel document, you may not be able to re-enter the country. Additionally, if you travel outside of the US for more than one year, your Humanitarian-based green card may be considered abandoned and you may lose your status as a permanent resident.

Overall, as a Humanitarian-based green card holder, you have the ability to work and travel in the United States. However, it’s important to follow the necessary procedures and obtain the required documents before doing so.

Humanitarian Relief for Specific Countries

If you are a refugee or asylee from Haiti, Sudan, Ukraine, Venezuela, or other countries in need of protection, you may be eligible for humanitarian relief in the form of a green card. The United States Citizenship and Immigration Services (USCIS) has established programs to provide assistance to refugees and asylees from these countries who have been forced to flee their homes due to persecution, war, or natural disasters.

Haiti

Following the 2010 earthquake that devastated Haiti, the United States granted Temporary Protected Status (TPS) to Haitians who were already in the country at the time of the earthquake. This allowed them to stay and work in the United States without fear of deportation. In 2021, the Biden administration extended TPS for Haitians until February 2023 due to ongoing political and social unrest in the country.

Sudan

Sudanese refugees and asylees may be eligible for humanitarian relief through the USCIS’s Priority 2 (P-2) program. This program provides access to the U.S. Refugee Admissions Program (USRAP) for individuals who have close family members or employers in the United States. The P-2 program is designed to reunite families and provide protection to those who are most vulnerable.

Ukraine

Ukrainian refugees and asylees may be eligible for humanitarian relief through the USCIS’s Ukrainian P-2 program, which is similar to the Sudanese P-2 program. This program provides access to the USRAP for individuals who have close family members or employers in the United States.

Venezuela

Due to the ongoing political and economic crisis in Venezuela, many Venezuelans have fled their country in search of safety and stability. The USCIS has established a number of programs to provide humanitarian relief to Venezuelan refugees and asylees, including the Venezuelan TPS program and the Venezuelan P-2 program.

In conclusion, if you are a refugee or asylee from Haiti, Sudan, Ukraine, Venezuela, or other countries in need of protection, there may be programs available to help you obtain a green card and find safety in the United States.

Role of Discretion in Decision Making

When it comes to humanitarian-based green card applications, the role of discretion in decision making cannot be overstated. Discretion refers to the authority and power given to immigration officers and judges to make decisions based on their own judgment and interpretation of the law.

In the case of humanitarian-based green card applications, discretion can play a critical role in determining whether an individual is granted protection or not. For example, an immigration officer may use their discretion to grant a green card to an individual who does not meet all the eligibility requirements but has compelling humanitarian circumstances.

The favorable exercise of discretion can also come into play when an individual is facing deportation. In certain circumstances, an immigration judge may use their discretion to grant relief from deportation, even if the individual does not meet all the eligibility requirements for asylum or other forms of protection.

It is important to note that discretion is not unlimited and must be exercised within the bounds of the law. Immigration officers and judges must follow established guidelines and legal precedents when making decisions. However, the interpretation and application of these guidelines can vary, leading to differences in outcomes for similar cases.

In recent years, there has been increased scrutiny on the role of discretion in immigration decision making, particularly in cases involving humanitarian-based protection. Critics argue that discretionary decision making can lead to inconsistent and unfair outcomes, while supporters point to the need for flexibility in the face of complex and evolving circumstances.

Overall, the role of discretion in decision making for humanitarian-based green card applications is complex and can have significant implications for individuals seeking protection. Understanding the role of discretion and how it is applied can help individuals and their advocates navigate the immigration system and make informed decisions about their options.

Obtaining a USA Humanitarian-based green card can be a complex and challenging process. There are many legal considerations and potential obstacles that you may encounter along the way. In this section, we will discuss some of the main challenges and legal considerations that you should be aware of.

Public Safety and National Security

One of the primary concerns for US immigration officials is public safety and national security. As a result, there are strict background checks and security screenings that must be completed before you can be granted a green card. This process can be lengthy and may require additional documentation or information.

Violence and Protection

If you are seeking a USA Humanitarian-based green card because you are fleeing violence or persecution in your home country, you may face additional challenges. You will need to provide evidence of the violence or persecution that you have experienced, as well as demonstrate that you are in need of protection. This can be a difficult and emotional process, but it is important to be thorough and accurate in your documentation.

Border and CBP

If you are already in the United States and are seeking a USA Humanitarian-based green card, you may encounter challenges with the US Customs and Border Protection (CBP). It is important to understand your legal rights and responsibilities, as well as the procedures for applying for a green card while in the US.

If you are a minor seeking a USA Humanitarian-based green card, you may need to have a legal guardian or sponsor who can help you with the application process. Additionally, if you are already in the US and are seeking to adjust your status to that of a green card holder, you will need to follow specific procedures and meet certain requirements.

Waiver

If you have a criminal record or have violated immigration laws in the past, you may need to apply for a waiver in order to be eligible for a USA Humanitarian-based green card. This can be a complex process, and it is important to work with an experienced immigration attorney to ensure that you are following the correct procedures and providing all necessary documentation.

Overall, obtaining a USA Humanitarian-based green card can be a challenging process, but it is possible with the right knowledge and support. By understanding the legal considerations and potential obstacles, you can be better prepared to navigate the system and achieve your goal of obtaining a green card.

Rights and Benefits

If you are a beneficiary of a humanitarian-based green card, you may be eligible for certain rights and benefits. These benefits are designed to help you resettle and establish yourself in the United States.

Public Benefits

As a green card holder, you may be eligible for certain public benefits, such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF). However, it is important to note that some public benefits may have eligibility requirements and restrictions based on your immigration status. You should consult with an immigration attorney or a qualified legal service provider to understand your eligibility for public benefits.

Resettlement Assistance

If you are a refugee, you may be eligible for resettlement assistance through the Office of Refugee Resettlement (ORR). ORR provides a range of services to help refugees become self-sufficient, including cash assistance, medical assistance, and employment services.

Housing Assistance

If you are in need of shelter, you may be eligible for housing assistance through the Department of Housing and Urban Development (HUD). HUD provides a range of housing assistance programs, including public housing, housing choice vouchers, and rental assistance.

Other Benefits

In addition to the benefits mentioned above, you may be eligible for other forms of assistance, such as relief services or significant public benefit parole. Relief services may include emergency medical care, emergency food and shelter, and other forms of assistance. Significant public benefit parole may be granted to individuals who are inadmissible to the United States but whose entry would provide a significant public benefit.

It is important to note that eligibility for these benefits may vary depending on your specific circumstances. You should consult with an immigration attorney or a qualified legal service provider to understand your eligibility for these benefits.

Frequently Asked Questions

Who is eligible for asylum or refugee protection in the US?

If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum or refugee protection in the US. Asylum seekers must apply for protection within one year of arriving in the US, while refugees apply from outside the US.

What is the process for obtaining a humanitarian visa in the US?

If you are already in the US and meet the eligibility requirements, you may apply for a humanitarian visa, also known as a U visa or T visa. The U visa provides temporary legal status to victims of certain crimes who cooperate with law enforcement, while the T visa is for victims of human trafficking. The application process involves several steps, including filling out forms, submitting evidence, and attending an interview.

What are the benefits for asylum seekers in the US?

Asylum seekers may receive authorization to work in the US while their case is pending, as well as access to certain government benefits such as food stamps and Medicaid. If their asylum application is approved, they may apply for a green card and eventually become a US citizen.

What is the USCIS process for obtaining a refugee green card?

If you are a refugee who has been admitted to the US, you may apply for a green card one year after your arrival. The application process involves submitting forms, attending a biometrics appointment, and attending an interview. You must also meet certain eligibility requirements, such as passing a medical exam and demonstrating that you can support yourself financially.

What is the processing time for obtaining a refugee green card in 2023?

The processing time for obtaining a refugee green card varies depending on factors such as the volume of applications and the complexity of individual cases. In general, it can take several months to a year or more to complete the process.

How are asylum seekers protected by the US government?

The US government is responsible for ensuring that asylum seekers are not returned to their home countries if they would face persecution there. Asylum seekers are also protected by US laws against discrimination and harassment. Additionally, the US government provides resources such as legal assistance and counseling to help asylum seekers navigate the asylum process.

Scroll to Top