Humanitarian aid in conflict and its impact on immigration
For many of the criminal grounds of removal under INA § 237
[8 U.S.C.A. § 1127],
Therefore,
one of the primary goals of counsel in representing an alien facing removal based on a criminal offense should be to avoid a conviction for immigration purposes.
[8 U.S.C.A. § 1101(a)(48)].
Post-conviction relief is divided into statutory grounds and common law writs. It includes pardons,
motion to withdraw guilty plea,
motion for a new trial,
motion to modify sentence,
writ of coram nobis,
writ of audita querela and habeas corpus.
Key Humanitarian Forms of Relief
The U.S. offers several distinct forms of humanitarian relief. Each is designed to address a different kind of threat, including the challenges related to immigration in various contexts:
- Asylum and Refugee Status: These are the primary protections for individuals facing persecution based on five protected grounds. These include race, religion, nationality, membership in a social group, or political opinion. Refugee Admissions Program (USRAP).
- It applies to nationals of countries designated due to armed conflict, disaster, or extraordinary conditions. These conditions prevent safe return.
Responding to Unforeseen Circumstances
Beyond these formal applications, humanitarian practice extends to granting flexibility and relief for immigrants already residing in the U.S. Emergencies may require specific concessions. Immigration considerations might include USCIS granting specific concessions during and after conflicts or natural catastrophes, such as:
- Expedited Processing for pending benefits (like employment authorization) if an emergency creates a critical need.
- Extensions of Deadlines for responding to Requests for Evidence (RFEs) or filing appeals. These are particularly important if the crisis disrupts mail service or access to necessary documents.
Understanding these various forms of relief is vital. The specific path chosen depends entirely on the nature of the conflict and the individual’s location and circumstances. This is particularly true in immigration contexts.