Updated: Apr 30
On many occasions my clients ask me if their relative abroad could request a humanitarian visa to enter the country, for some urgent reason. In today's blog, we will be analyzing what this humanitarian visa consists of, who can apply for it, and how to do it.
The humanitarian visa, or humanitarian entry permit, as its real name is, is a mechanism that a person who is outside the United States can use to enter the country, due to a serious cause or of public interest. This is not really a visa, but a parole, or an entry authorization into the country. It can be applied both at the border, upon arrival in the United States, or through USCIS. Something very important that I would like to point out here is that this application should be done when all legal means to access the United States have been exhausted, or when there is an urgent situation that requires your presence in the country.
The humanitarian entry permit may be requested when there are urgent humanitarian reasons. The law does not define what these urgent humanitarian reasons are, however, in practice it has been seen that they refer to the existence of a sick relative, with a short time to live, or who has died, and requires the assistance of the person outside the United States. It may also be used when the person outside the United States requires emergency medical treatment, which is only accessible in the country, or when this is the organ donor for a person within the United States. Finally, it may be requested to attend civil and / or criminal trials where the person is required to testify; in the cases of family reunification, as is the case of the Parole Program for Cuba; or when a minor under 16 years of age, with some type of physical or mental disability, requires the assistance of the family member outside the United States.
When applying for this entry permit, it will be necessary to present all documentary evidence that demonstrates the urgent humanitarian reason why the applicant must arrive in the United States. Failure to present this evidence could result in the denial of the process, and a delay in your entry into the United States.
Generally, these requests are processed between 90 (ninety) and 120 (one hundred and twenty) days. But, if the alleged reason is of extreme urgency, an expedited processing could be requested, and a response could be obtained in less time. To request this expedited processing, it will be necessary to present all the evidence that justifies the need for pressure in the award of the benefit.
When applying for this humanitarian entry permit, it will be necessary to demonstrate that you have the necessary financial funds to pay for your stay in the country. That is why USCIS requires the existence of a sponsor, who, through an Affidavit of Economic Sponsorship, or Affidavit of Support; be responsible for your expenses. This sponsor could be a charitable organization, or a hospital, in some cases.
The application for the "humanitarian visa" is a process that must be done correctly, in detail, and presenting all the necessary evidence; otherwise, it could be denied.
If you need assistance with applying for a “humanitarian visa” or humanitarian entry permit, call us today and get your first free consultation. In Y. Morejon Attorney, P.A. We handle immigration cases, and we can help you with yours. In our office, your problem is our problem.
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.