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Asylum, VAWA, TPS
Family Immigration & Citizenship
Visas
Employment and Travel Document
Asylum lawyers play a pivotal role in immigration law, providing essential support to individuals seeking protection from persecution in their home countries. These specialized lawyers expertly navigate complex legal frameworks, advocate vigorously for their clients, and offer crucial guidance throughout the often intimidating asylum application process. They assess the eligibility criteria necessary for asylum, represent clients in immigration courts, assist with filing comprehensive asylum applications, and prepare clients for critical interviews. Furthermore, asylum lawyers provide strategic advice tailored to maximize the likelihood of securing a successful asylum outcome. Their expertise is indispensable for those facing challenging legal battles and seeking refuge and safety.
Asylum can be obtained through one of three processes
The asylum application process involves several steps. Generally, you need to:
File your Form I-589 online or by mail through the U.S. Citizenship and Immigration Service (USCIS) if you are within the United States and not a U.S. citizen. Applications must be submitted within one year of your arrival in the United States.
A complete asylum application includes the Form I-589 and supporting documents relevant to your case. An experienced asylum lawyer can help you gather and prepare the necessary documentation.
Upon receiving asylum, you can apply for several benefits, including:
The affirmative asylum means that you are not in removal proceedings and the defensive asylum means that you are in removal proceedings. It means the US government has initiated the removal proceedings to determine whether the person can stay in the United States or should be removed
If you're detained at a U.S. entry point or caught by U.S. Immigration and Customs Enforcement (ICE) for living in the U.S. without proper authorization, it's important to fill out and submit Form I-589, Application for Asylum and for Withholding of Removal. This form helps you apply for asylum. However, if you're already in a court process because the U.S. Citizenship and Immigration Services (USCIS) referred your case, you may or may not file a new asylum application. However, seeking guidance from an attorney in this situation is highly advisable.
As an asylum seeker, you must apply for asylum within one year after the last entry into the United States. However, if you miss the deadline, you may still be eligible to apply for asylum under two exceptions:
The one-year filing deadline may be excused if the applicant’s circumstances have changed. They may include, but are not limited to:
There are many extraordinary circumstances that may excuse the filing delay. Those circumstances may include but are not limited to:
A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances.
As an asylum seeker, you can get married and may qualify for a green card through marriage if you marry a U.S. citizen. However, you need to answer to USCIS officer questions on why you decided to marry a US citizen while your application was pending. You must also prove that your marriage to your US citizen was legitimate, valid, and done in good faith.
When applying for asylum, the U.S. government will determine whether your fears of returning to your previous country are valid. However, it can be challenging to prove that your fears are truthful, and you may not qualify for asylum for other reasons.
Following an interview with a U.S. Citizenship and Immigration Services (USCIS) officer that results in a denial, you will need to present your case in front of a judge in immigration court. In immigration court, the judge assigned to your case will look into it and determine whether you qualify for asylum. If this results in another denial, you can begin the appeals process.
People with pending asylum applications or cases who have been waiting a long time without a decision are allowed to apply for employment authorization.
You may not be eligible to apply for asylum if you:
Yes, you can petition for the following family members:
An asylees may apply for naturalization five years after their admission to lawful permanent residence. There are other requirements that must be met, including:
The average wait time for asylum depends on where you file and whether it goes through the affirmative, defensive, or expedited process. Hundreds of thousands of pending cases and a significant backlog add to the wait time. For most asylum seekers, the wait could be years (2 to 3 years on average).
Petitioner refers to the person who completes Form I-131, Application for Travel Document , on behalf of someone outside the United States seeking parole or re-parole. The term "self-petitioner" is used when an individual files Form I-131 for themselves.
The beneficiary is the individual residing outside the United States who is the recipient of the parole application. This term is essential in identifying who will benefit from the parole once it is granted.
A financial supporter is someone who commits to providing financial backing for the parole beneficiary. They must file Form I-134, Declaration of Financial Support , to show they have adequate resources to support the beneficiary during their stay in the U.S.
A parolee is an individual who has been granted permission to enter the United States under parole. This status allows them to stay temporarily for urgent humanitarian reasons or significant public benefit.
Anyone can apply for humanitarian parole either for themselves or on behalf of another individual. This is typically done by filing Form I-131, Application for Travel Document, regardless of whether the petitioner resides in the U.S. or has a familial relationship with the beneficiary.
To apply for humanitarian parole, submit the following to USCIS:
Following submission, applicants will receive a notice for biometrics, an interview (if required), and the final decision.
Applicants must provide:
The processing time for humanitarian parole varies significantly based on individual cases and the current workload at USCIS.
Humanitarian parole is typically granted for no more than one year.
Extensions, or re-parole, can be requested by filing a new Form I-131 and supporting documents, explaining the need for additional time in the United States.
To be eligible for TPS, applicants must:
Applicants need to submit:
Applicants may be barred from receiving or maintaining TPS for the following reasons:
Individuals with TPS:
TPS durations vary and can be initially granted for periods of 6 months, 1 year, or 18 months. When the designation period of TPS for a specific country nears its expiration, the U.S. Department of Homeland Security (DHS) reviews the country's conditions to decide whether to extend or terminate the protections. The government has the discretion to extend TPS for additional periods ranging from 6 to 18 months, based on updated country conditions and can extend these protections multiple times as deemed necessary.
Once you are granted TPS, you must re-register during each re-registration period to maintain TPS.
Yes, U.S. Citizenship and Immigration Services (USCIS) will review your case to determine whether you are eligible to work before making a final decision on your TPS application.
If your application is approved, USCIS will send you an approval notice. If your application is denied, USCIS will send you a letter indicating the reason for your denial.
Afghan nationals may qualify for an SIV if they:
There are two SIV programs available to those in Afghanistan.
Applicants must send their documentation via email to AfghanSIVApplication@state.gov with their name and birth date in the subject line. The application process involves:
The State Department aims to review SIV applications within nine months as mandated by a 2013 amendment. However, actual processing times can vary significantly, with some cases taking much longer.
Yes, your spouse, as well as your unmarried minor children under age 21, may accompany you to the United States or follow to join you in the United States. Any family members age 14 or over must also attend the visa interview.
Spouses or children may, in some circumstances, still be eligible for a special immigrant visa if the COM application was submitted before the principal applicant’s death and the spouse and children were listed in that application as accompanying the principal applicant.
Please bring your unexpired passport valid for six (6 months) beyond your intended date of travel and a photocopy of the biographic page, any military photo identification (if available), civilian identification badges, and originals of any civil documents, such as marriage certificates, IDs or death certificates, court and criminal records (if you have ever been convicted of a crime), including all documents that were submitted by email to the National Visa Center (NVC).
No. When preparing for your visa interview, please plan for the possibility that you may need to stay for more than one day in the city where your interview takes place. You will not be able to complete your medical examination and interview on the same day. Some medical exams may require tests with delayed results.
No. Under this particular program, there is no immigrant visa application fee. You are required to pay all costs associated with the medical examination.
No. Even if your SIV visa interview is successful, you will not receive your visa on the same day.
An attorney or other accredited representative may represent you during the SIV application process, including at relevant interviews and examinations. Such representation is not to be the expense of the U.S. government.
To qualify for the Diversity Visa program, applicants must:
Applicants must submit an entry electronically via the Electronic Diversity Visa (E-DV) website during the designated registration period. This is the first step in participating in the Diversity Visa lottery.
Applicants and accompanying family members must provide the following documents:
You are not qualified for a diversity visa, if you do not meet the qualifying high school education (or its equivalent) or a two years of qualifying work experience.
You can access the DS-260 from the Consular Electronic Application Center (CEAC) website, by going to Immigrant Visas.state.gov and clicking on “Submit Visa Application and Civil Documents,” or on the website of the U.S. embassy or consulate where you will apply.
You should not bring your application with you to your interview. The interviewing officer will have full access to review your application online.
A “high school education or equivalent” is defined as successful completion of a 12-year course of elementary and secondary education. Only formal courses of study meet this requirement; correspondence programs or equivalency certificates (such as the General Equivalency Diploma [G.E.D.]) are not acceptable. To find if your occupation may qualify you for a Diversity Visa, see the Department of Labor O*Net Online Database.
There is no minimum age to apply for the Diversity Visa program.
Yes, you may enter the green card lottery from anywhere, including from within the U.S.
The winners of the green card lottery are generally notified 7 months after applying. It can take up to 14 months to for the government to schedule your interview and issue your visa, depending on how soon you apply for your visa.
Yes, each spouse may submit their own Diversity Visa entry. If one of the spouses is selected, then the other spouse will qualify for a green card as your dependent.
There is no fee to enter the Diversity Visa lottery. However, if you’re selected and choose to apply for a Diversity Visa, you’ll need to pay the mandatory green card application fees.
To qualify for a family visa, applicants must be sponsored by an immediate relative who is at least 21 years old and a U.S. citizen or a Lawful Permanent Resident.
U.S. citizens or Lawful Permanent Residents must start the process by filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). Following approval, complete the Form DS-260, Application for Immigrant Visa and Alien Registration, accessible through the Consular Electronic Application Center (CEAC).
Applicants need to prepare several documents, including:
Petitioners residing outside of the United States may file Form I-130, Petition for Alien Relative, online at USCIS or by mail to the USCIS Dallas Lockbox addresses. Petitioners can also request to file for their immediate relatives at a U.S. Embassy or Consulate in certain limited circumstances described by USCIS.
An Affidavit of Support (Form I-864) is a document that must be filed by U.S. citizens and Lawful Permanent Residents who sponsor relatives as immigrants. If the sponsor’s income is insufficient, another person can serve as a joint sponsor. After the financial sponsor(s) completes the Affidavit of Support form, they should gather evidence of their finances and other supporting documents.
You, your spouse, and any qualified unmarried children immigrating with you must participate in the interview.Applicants under the age of 14 are not required to attend the interview. However, if an applicant has turned 14 before the interview, they must appear.
You must bring the following documents to the interview:
You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States.
When you file a proper petition for a family-based immigrant visa, USCIS will review your petition to ensure you have the requisite status to file and that you have established a qualifying relationship with the beneficiary. If approved, USCIS will send you an approval notice that includes the priority date, the section of law for the beneficiary’s immigrant classification, and confirmation of the beneficiary’s intent to either consular process or adjust status. If there is an error or missing information on the approval notice, you should notify USCIS.
Yes, a beneficiary of an approved petition can apply for an immigrant visa through the consular process with the Department of State (DOS) while outside the United States. In such cases, USCIS will forward the petition to the DOS’s National Visa Center (NVC).
Beneficiaries already in the United States can apply for permanent residency through the adjustment of status process. In these cases, USCIS retains the approved family-based immigrant visa petition for adjustment of status processing, depending on the beneficiary’s intent, location, and eligibility for adjustment of status.
Yes, as a petitioner, you must inform USCIS of the beneficiary’s current address and whether the beneficiary will consular process with DOS or adjust status in the United States. Providing accurate information allows USCIS to properly route the petition to DOS or retain the approved petition. Failure to provide accurate information can lead to delays in the immigrant visa or adjustment of status process.
If you do not inform USCIS whether the beneficiary will adjust status or consular process, USCIS will decide whether to send the petition to the NVC or retain it for adjustment of status processing based on evidence of the beneficiary’s most recent location, including the address provided on the petition.
If USCIS retains your petition based on inaccurate information for adjustment of status processing but your petition needs to be sent to the NVC for consular processing, you should file an Application for Action on Approved Application or Petition (Form I-824) with the required fee to transfer the petition.
The application process for a Green Card varies based on individual circumstances but generally includes these steps:
If you're applying for a Green Card and you're already in the United States, the process you'll go through is called "Adjustment of Status." This means you can apply to become a permanent resident without having to leave the U.S.
If you're outside the United States, the process you need to follow is called "consular processing." This involves applying for a Green Card through a U.S. consulate or embassy in your home country or where you currently live. Each process has its own steps and requirements depending on where you are when you apply.
Residents may apply for U.S. citizenship after five years, or three years if married to a U.S. citizen.
Permanent residents can stay indefinitely in the U.S., with Green Cards renewable every 10 years.
The duration to obtain a Green Card can vary significantly depending on the type and the applicant's location.
Permanent residents can travel outside the U.S. frequently, though trips exceeding a year may impact their residency status.
To be eligible for U.S. citizenship through naturalization, applicants must:
Applicants for U.S. citizenship must include the following with their N-400 application:
To apply for U.S. citizenship, submit Form N-400, Application for Naturalization, either:
The process of becoming a U.S. Citizen by naturalization application process generally involves the following steps:
Becoming a U.S. citizen offers several advantages, including:
No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.
No. In addition to preparing for the reading, writing, and civics portion of the naturalization test, you will need to prepare for the speaking portion of the naturalization test and meet all other naturalization requirements.
Yes. You can legally change your name after filing your application for naturalization with U.S. Citizenship and Immigration Services (USCIS).
Yes. You should bring certain original documents to your interview. In the instructions to Form N-400, Application for Naturalization, USCIS provides an extensive list of examples of original documents that you should bring to the interview, depending on different case scenarios.
Unless you are eligible for an exception to the English or civics requirements, you will be given two opportunities to meet the English and civics requirements. If you fail any portion of these requirements, you will be retested during a new interview on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview.
There is no limit to the number of times you can apply for naturalization, but you must pay the filing fee for each Form N-400 you submit to the agency.
You will need to apply for an EAD if you:
Permanent residents and certain nonimmigrant visa holders who have employment authorization incident to their status do not need to apply for an EAD.
There are three primary categories of eligibility for obtaining an EAD:
To apply for an EAD, applicants must submit Form I-765, Application for Employment Authorization, to USCIS. This form is used whether you are applying for permission to work for the first time, renewing an existing EAD, or requesting a replacement EAD.
The processing time for an employment card may vary depending on several factors, such as your eligibility category, the USCIS office handling your case, and the volume of applications received by USCIS.
The validity period of an EAD depends on the specific circumstances of the individual's status. USCIS may issue EADs with a validity period ranging from one year up to five years for certain categories under new policy guidelines.
Use Form I-131, Application for Travel Document, for the following travel permit documents:
If you are a lawful permanent resident or conditional resident who lost, had stolen, or destroyed your travel documents, or if they were damaged while outside the U.S., Form I-131A facilitates your return without penalizing the carrier.
In urgent cases, you can request expedited processing of travel documents by contacting U.S. Citizenship and Immigration Services (USCIS) at least 45 days before your intended departure. For emergencies requiring you to travel within 15 days, USCIS may issue an emergency travel document at a local field office.
Advance parole allows you to travel back to the United States without applying for a visa. An advance parole document does not replace your passport. Advance parole is most commonly used when someone has a pending:
USCIS issues refugee travel documents to people with refugee or asylum status and to lawful permanent residents who obtained their Green Cards based on their refugee or asylee status. If you have a refugee or asylee status, or you are a derivative asylee or refugee, you must have a refugee travel document to return to the United States. If you do not obtain a refugee travel document before you leave the U.S., you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.
If you plan to be outside the United States for one year or more, a re-entry permit is necessary to re-enter the U.S. without needing a returning resident visa.
A TPS travel authorization document is crucial for TPS beneficiaries planning to travel abroad and return to the U.S. It is important to note that this document does not guarantee re-entry, which is determined by CBP officers at the point of entry.
Those who are eligible for VAWA self-petition include:
To apply for a VAWA self-petition, you should submit the following with U.S. Citizenship and Immigration Services (USCIS):
Children of self-petitioning spouses and parents may be included as derivative beneficiaries but do not confer benefits to other family members. Evidence of the relationship and the child's age and marital status at the time of filing is required.
Approved VAWA applicants can:
The primary agencies responsible for detaining immigrants are the offices of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) under the U.S. Department of Homeland Security (DHS). While CBP typically detains migrants for short periods at processing centers, ICE handles longer-term detentions.
Once detained, DHS processes individuals at facilities where they undergo interviews and assessments to determine custody. Factors influencing these decisions include criminal history, prior deportations, visa violations, community ties, and other relevant data. Detainees may be held locally or transferred across the country depending on facility availability and individual circumstances.
There are several pathways to release from immigration detention, including:
"Release on recognizance" (ROR) allows a detainee to be released without financial bail, based on a signed agreement to appear at all court dates. Form I-220A, or the Order of Release on Recognizance, details the conditions set by immigration officials.
The length of time a person can be detained varies based on the type of detention, eligibility for immigration relief, and any existing immigration or criminal records in the U.S.
To qualify for a fiancé visa:
Begin by filing Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves your area. This form recognizes your relationship and initiates the visa application process. If additional information or documents are needed, USCIS may request further evidence. Upon approval, USCIS forwards the petition to the DOS National Visa Center (NVC), and then to the U.S. Embassy or consulate in your fiancé(e)'s home country for a visa interview.
Applicants generally need to submit the following:
The K-1 visa allows for a single entry and is valid for up to 6 months. After marrying within the specified 90 days, your now-spouse can apply for a Green Card by filing Form I-485. If the marriage is less than two years old at the time of approval, the Green Card will be conditional, valid for 2 years.
You, your fiancé(e), and your fiancé(e)’s eligible children applying for K-2 visas, will be required to bring the following forms and documents to the visa interview:
Documents in foreign languages, other than the language of the country in which the application takes place, should be translated.
Certain conditions and activities may make your fiancé(e) ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If your fiancé(e) is ineligible for a visa, he or she will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is.
The K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. If you fail to marry within 90 days, your fiancé(e) and his or her children must leave the United States at the end of the 90 days. However, if you marry your fiancé(e) after the 90-day period, you may file a Form I-130, Petition for Alien Relative.
Children of your fiancé(e) are eligible on a K-2 nonimmigrant visa if they are under 21 and unmarried. You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States.
After your fiancé(e) was admitted on a K-1 nonimmigrant visa, your fiancé(e) may apply for work authorization by filing Form I-765, Application for Employment Authorization.
The B-1 and B-2 visas are non-immigrant visas for individuals seeking to enter the United States temporarily for business (B-1) or for tourism, pleasure, or visiting (B-2). Often, the two visas are combined and issued as a B-1/B-2 visa, allowing the holder to engage in both business and tourism activities during their stay.
Temporary worker visas allow foreign nationals to work in the United States for a specific period and under certain conditions. These visas cater to various types of employment, including specialized occupations, seasonal work, agricultural work, and intra-company transfers.
The J-1 visa is a non-immigrant visa for individuals approved to participate in work-and-study-based exchange visitor programs. These programs are designed to promote cultural exchange and allow participants to gain experience in the United States before returning to their home countries. The J-1 visa covers a wide range of categories, each with specific purposes and requirements.
Student visas (F and M) are non-immigrant visas issued to individuals who wish to pursue academic or vocational studies in the United States. These visas allow foreign nationals to study at accredited institutions in the U.S. and engage in certain types of practical training.
A Visa: For Diplomat or foreign government official
BCC Visa: For Border Crossing Card - Mexico
C Visa: For Transiting the United States
D Visa: For Crewmember
E Visa: For Treaty trader/treaty investor
E-3 Visa: For Australian professional specialty
CW-1 Visa: For CNMI-only transitional worker
G1-G5, NATO Visa: For Employee of a designated international organization or NATO
A-2, NATO1-6 Visa: For Foreign military personnel stationed in the United States
I Visa: For Media, journalist
TN/TD Visa: For NAFTA professional worker - Mexico, Canada
R Visa: For Religious worker
T Visa: For Victim of Human Trafficking
U Visa: For Victim of Criminal Activity
V Visa: For Spouse and Children of a Lawful Permanent Resident (LPR)
Step 1: Complete the onlineDS-160form and print the confirmation page.
Step 2: Pay the visa application fee and schedule an interview at a U.S. Embassy or Consulate.
Step 3: Attend the visa interview with all required documentation and additional proofs if necessary.
Temporary visas are granted for periods ranging from a few weeks to several years, depending on the visa type. Extensions may be possible through Form I-539 under specific conditions unless restricted by visa type (e.g., Visa Waiver Program participants).
The authority to exercise prosecutorial discretion lies with officers from ICE, the U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP). Decisions are initially made by field officers and can be escalated to higher levels within DHS.
ICE focuses on enforcement and removal operations targeting individuals deemed threats to national security, border control violators, and those involved in criminal activities like document fraud or money laundering.
The exercise of prosecutorial discretion impacts legal outcomes significantly, affecting decisions like:
Various factors, including age, length of stay in the U.S., cooperation with law enforcement, and eligibility for immigration relief, are considered in prosecutorial discretion determinations.
Past criminal records, threats to public safety, and immigration violations can negatively impact the chances of receiving prosecutorial discretion in immigration court.
When seeking favorable prosecutorial discretion, supporting documents can be crucial. These may include:
If you believe prosecutorial discretion may affect your case, it's advisable to consult with an immigration lawyer. They can help assess your situation, guide you through the process, and ensure your rights are protected.
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