Asylum (Affirmative / Defensive)
Asylum provides protection to individuals in the United States who have suffered persecution or have a well-founded fear of persecution in their home country. Asylum can be sought affirmatively by filing with USCIS or defensively in immigration court removal proceedings.
Who Qualifies
You must be physically present in the United States and demonstrate persecution or fear of persecution based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. You must file within one year of your last arrival, though exceptions exist for changed or extraordinary circumstances.
Key Features
Affirmative asylum involves filing Form I-589 directly with USCIS and attending an asylum interview. Defensive asylum is raised as a defense in removal proceedings before an immigration judge. Both provide the same benefits upon approval: protection from removal, work authorization, and a path to a green card after one year.
Duration
Work authorization eligibility begins after the application has been pending for 180 days (applicant-caused delays do not count). After one year of asylee status, you may apply for a green card. Processing times vary significantly based on asylum office backlog and case complexity.
Withholding of Removal
Withholding of Removal under INA Section 241(b)(3) provides protection from deportation to a country where your life or freedom would be threatened. Unlike asylum, withholding requires a higher standard of proof but has no one-year filing deadline.
Who Qualifies
You must establish it is 'more likely than not' (greater than 50% probability) that you would face persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Past persecution creates a rebuttable presumption of future threat. Certain criminal convictions and security-related bars may disqualify applicants.
Key Features
Withholding only protects against removal to the specific country of persecution—not worldwide protection like asylum. It does not provide a direct path to a green card, though you can apply for work authorization. Derivative family members cannot be included in your application as they can with asylum.
Duration
Protection continues as long as conditions in your country pose a threat. Status can be terminated if USCIS or the immigration court determines you are no longer likely to face persecution. Work authorization must be renewed periodically while in withholding status.
Convention Against Torture (CAT)
Protection under the Convention Against Torture (CAT) prevents removal to a country where you would more likely than not be tortured by or with the acquiescence of government officials. CAT protection is available even when asylum and withholding bars apply.
Who Qualifies
You must prove it is more likely than not (greater than 50% chance) that you will be tortured if returned to your country. Torture must involve severe pain or suffering intentionally inflicted by or with the consent of a public official. Unlike asylum, CAT protection is not based on the five protected grounds—any likelihood of torture qualifies.
Key Features
Two forms of CAT protection exist: withholding of removal under CAT (for those without disqualifying bars) and deferral of removal under CAT (for those subject to mandatory bars such as serious criminals or persecutors). Neither form provides a path to a green card, but both prevent deportation to the country where torture would occur.
Duration
CAT withholding can only be terminated if your case is reopened and the government proves you are no longer likely to be tortured. Deferral of removal is more temporary and can be terminated more easily. Work authorization is available but must be renewed periodically.
TPS
Temporary Protected Status (TPS) is a humanitarian program that allows nationals of designated countries to remain and work in the United States when conditions in their home country make safe return impossible due to ongoing armed conflict, environmental disaster, or other extraordinary conditions.
Who Qualifies
You must be a national of a TPS-designated country (or a stateless person who last resided there), be continuously physically present in the U.S. since the designation date, have continuous residence since the specified date, and register during the open filing period. Currently designated countries include: Burma (Myanmar), El Salvador, Ethiopia, Haiti, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
Key Features
TPS provides protection from removal and work authorization through an Employment Authorization Document (EAD). You may also obtain travel authorization. TPS does not directly lead to permanent residence—it is a temporary status that must be re-registered during each designated period. Felony convictions or two or more misdemeanors disqualify applicants.
Duration
TPS is granted for the duration of a country's designation, typically 6-18 months at a time, with possible extensions announced through Federal Register notices. You must re-register during each re-registration period to maintain status. Brief, casual, and innocent departures from the U.S. are permitted without breaking continuous presence.
Refugee Relative Petitions
Refugees and asylees in the United States can petition for certain family members to join them through Form I-730, Refugee/Asylee Relative Petition. This allows approved refugees and asylees to reunite with their immediate family members abroad.
Who Qualifies
You may file Form I-730 for your spouse and unmarried children under 21 years of age who were included in your original refugee or asylee application but remained abroad. The petition must generally be filed within two years of your admission as a refugee or grant of asylum, though humanitarian extensions may be available.
Key Features
Approved family members receive the same status as the principal (refugee or asylee status) and can travel to the United States. Same-sex spouses who are legally married are eligible. You may also file an Affidavit of Relationship to facilitate refugee processing for eligible relatives outside the United States.
Duration
Form I-730 processing times vary based on USCIS workload and the overseas location of your family members. Once approved, family members will be scheduled for consular interviews and travel arrangements. After arrival, they have the same path to permanent residence as the principal refugee or asylee.
Humanitarian Parole
Humanitarian Parole allows individuals outside the United States who may be inadmissible to enter temporarily for urgent humanitarian reasons or significant public benefit. This is a discretionary form of relief used in compelling circumstances when other immigration options are unavailable.
Who Qualifies
You must demonstrate urgent humanitarian reasons (pressing circumstances affecting personal welfare, such as critical medical treatment or end-of-life family visits) or significant public benefit (law enforcement cooperation, national security, or justice-related matters). Lack of financial support is a strong negative factor—a U.S.-based supporter must file Form I-134 demonstrating ability to provide support.
Key Features
Parole is requested through Form I-131 with supporting evidence explaining the urgency and why a standard visa is not available. Parolees may apply for work authorization (Form I-765) after arrival. Parole does not provide a direct path to permanent residence, but parolees may be eligible to adjust status through other means if they qualify.
Duration
Parole is typically granted for no more than one year, specifically for the time needed to accomplish the parole purpose. The period is specified in the Form I-94 issued at the port of entry. Parole ends when the authorized period expires, the beneficiary departs the U.S., or the individual obtains another immigration status. USCIS currently reports significant processing delays due to high request volume.
U Visa
The U Visa provides immigration relief to victims of certain qualifying crimes who have suffered substantial physical or mental abuse and who assist law enforcement in the investigation or prosecution of the criminal activity. This visa category helps protect victims while supporting public safety.
Who Qualifies
You must be a victim of qualifying criminal activity (including domestic violence, sexual assault, human trafficking, kidnapping, abduction, stalking, torture, and 20+ other crimes), have suffered substantial abuse, possess information about the crime, and be helpful (past, present, or likely future) to law enforcement. A law enforcement official must certify your helpfulness on Form I-918, Supplement B.
Key Features
U Visa provides lawful status, work authorization (automatically granted upon approval—no separate Form I-765 required), and eligibility for a green card after three years. Derivative family members (spouse, children, parents, unmarried siblings under 18) may also receive status. Waivers of inadmissibility grounds are available through Form I-192.
Duration
U Visa status is valid for four years, with extensions available in certain circumstances. There is an annual cap of 10,000 principal U Visas per fiscal year (no cap on derivatives). When the cap is reached, applicants are placed on a waiting list and may receive deferred action and work authorization while waiting. After three years in U status, you may apply for permanent residence.
T Visa
The T Visa provides immigration protection to victims of severe forms of human trafficking (both sex trafficking and labor trafficking) who assist law enforcement in the investigation or prosecution of trafficking crimes. This visa helps victims escape their traffickers and rebuild their lives.
Who Qualifies
You must be a victim of a severe form of trafficking in persons, be physically present in the U.S. or at a port of entry due to trafficking, comply with reasonable law enforcement requests for assistance (unless under 18 or unable due to trauma), and demonstrate you would suffer extreme hardship if removed. Victims under 18 and those with physical or psychological trauma may have exemptions from law enforcement cooperation requirements.
Key Features
Since August 2024, USCIS implements a 'bona fide determination process' allowing applicants to receive deferred action and work authorization while their T Visa petition is pending. Derivative family members (spouse, children, parents, unmarried siblings under 18) may also receive T status. Form I-914 is filed with evidence including law enforcement certification (Form I-914, Supplement B) or other credible evidence.
Duration
T Visa status is granted for four years and may be extended. You may apply for permanent residence (green card) after three years of continuous physical presence since lawful T Visa admission, OR upon completion of the trafficking investigation or prosecution, whichever occurs earlier. Work authorization is available through the bona fide determination process or upon T Visa approval.
SIJS
Special Immigrant Juvenile Status (SIJS) provides a path to permanent residence for children in the United States who have been abused, abandoned, or neglected by a parent and cannot safely return to their home country. This classification requires both a state juvenile court order and USCIS approval.
Who Qualifies
You must be under 21 years of age at the time of filing, unmarried, and present in the United States. A state juvenile court must find that you are dependent on the court or in custody of a state agency, cannot reunify with one or both parents due to abuse, abandonment, or neglect, and that return to your home country is not in your best interest. You must have sought the court order for protection—not primarily for immigration purposes.
Key Features
The process involves obtaining a state juvenile court order with the required findings, then filing Form I-360 with USCIS. If you are in Health and Human Services custody, written consent from the Office of Refugee Resettlement may be required. Upon I-360 approval, you receive SIJ classification and may file Form I-485 to adjust status to permanent resident (when a visa number is available).
Duration
You must file Form I-360 before turning 21. USCIS generally decides I-360 petitions within 180 days. Expedited processing is available for applicants approaching their 21st birthday. After SIJ classification is approved, you may file for adjustment of status. Current visa availability may affect processing times for the green card application.
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