Some people enter the United States for tourism. Others want to reunite with loved ones, study at domestic universities or accept a job opportunity in the United States. Occasionally, people do not come to the United States in search of opportunities but rather because it is not safe for them to remain in their country of origin.
The United States has a long history of lifting up those dealing with the fallout of natural disasters, war and persecution at an institutional level. There are several ways for those dealing with unsafe circumstances to lawfully enter and live in the United States. Some people apply for humanitarian visas. Others seek asylum.
Aspiring immigrants who understand the difference between asylum and humanitarian visas can select the option that is best for them.
What is asylum?
Asylum is a specific form of immigration protection extended to those facing persecution. In some countries, the majority of the population or the government itself may mistreat individuals on the basis of certain protected characteristics.
The United States Citizenship and Immigration Services (USCIS) recognizes five characteristics that could cause persecution and make an individual eligible for asylum. Those facing mistreatment because of their race, religion, nationality, membership in a social group or political opinion may qualify for asylum.
People seeking asylum generally have to apply at a port of entry once they are already in the United States. If they qualify for asylum, they may be eligible for work authorization. In many cases, their status as an asylee is indefinite until circumstances change in their country of origin.
What are humanitarian visas?
The USCIS grants visas to people facing unusual hardships. Humanitarian visas are available for individuals experiencing domestic violence at the hands of a United States citizen. Additionally, the spouses or children of permanent residents could be eligible for humanitarian visas when green card holders abuse them.
There are also special humanitarian visas available for those who are victims of criminal activity. T visas specifically exist for survivors of human trafficking. Both forced labor and sex trafficking can make someone eligible for a T visa.
U visas are also available for victims of criminal activity. U visas apply to a broad range of different crimes, including prostitution, kidnapping and various violent offenses. Typically, those seeking U visas have to cooperate with federal or state authorities in the prosecution of the person who victimized them.
In brief, asylum is available for those facing persecution, while humanitarian visas are available for those who have become victims of specific types of crimes. People hoping to find relief from persecution or criminal activity may need help as they apply for asylum or request a humanitarian visa. Reviewing personal circumstances with a skilled legal team can help people evaluate which option may be more effective given their situation.