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Protection from harm in your country
Asylum is for people who have suffered persecution, or have a well-founded fear of it, because of their race, religion, nationality, political opinion or membership in a particular social group. It can be requested from USCIS or, if you are in removal proceedings, from an immigration judge. In general it must be filed within one year of arriving in the United States, with limited exceptions.
Temporary Protected Status (TPS) is given to nationals of countries the government has designated (and to some people without a nationality who last lived there) because of armed conflict, disaster or other extraordinary conditions. It offers protection from removal and work authorization while the designation lasts. Designations are extended, redesignated and ended by the government, so always check the current status for your country with USCIS.
Protection for victims of crime and abuse
- U nonimmigrant status (the U visa)
- For victims of certain serious crimes in the United States who suffered substantial harm and have helped, are helping or are likely to help the police or prosecutors. The number granted each year is capped, so the wait is long.
- VAWA self-petition
- Lets abused spouses, children and parents of U.S. citizens, and abused spouses and children of permanent residents, apply on their own, without the abuser's knowledge or participation.
- T nonimmigrant status
- For victims of human trafficking.
- Special Immigrant Juvenile status
- For certain children who have been abused, abandoned or neglected by a parent.
Cancellation of removal
People who have lived in the United States for many years and are placed in removal proceedings may qualify for cancellation of removal: permanent residence granted by an immigration judge on the strength of years of presence, good moral character and hardship to a U.S. citizen or permanent resident spouse, parent or child. The firm handles it, and it has its own page under practice areas.
DACA
Deferred Action for Childhood Arrivals has been the subject of court cases for years, and what USCIS can accept and process has changed more than once. If you have DACA or think you may qualify, check the current USCIS guidance and get advice before you file or let a renewal lapse.
Common questions
I have been here more than a year. Is it too late for asylum?
Not necessarily. There are exceptions for changed circumstances and for extraordinary circumstances that explain the delay, and other forms of protection have no one-year deadline. It needs to be looked at on your facts.
Will applying put me at risk?
It can. An application that is denied may lead to removal proceedings. Weighing that risk against the strength of the case is the first conversation to have, before anything is filed.
Is what I tell you confidential?
Once the firm has confirmed it can speak with you, what you share in order to get legal advice is treated as confidential.
Official sources
This page was written from the official sources below. Rules, forms and procedures change; check the agency for the current version.
This page is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.