Humanitarian Protection
Seeking protection and safety in the United States.
Relief and Protection Under U.S. Immigration Laws
Certain noncitizens fearing harm, threats, or persecution can seek humanitarian relief and protection under the following categories:
-
Asylum/Refugee
-
Withholding of Removal
-
Temporary Protected Status (TPS)
-
Deferred Enforced Departure (DED)
-
Victims of Criminal Activity (U-Visa)
-
Abused Spouses, Children, or Parents of a U.S. Citizen or LPR (VAWA)
Asylum/Refugee
An Asylee is a noncitizen who is physically in the United States and, because of a well-founded fear of past/future persecution on account of race, religion, nationally, membership in a particular social group, or political opinion, is unable or unwilling to return to his/her home country.
Refugee status is granted to a noncitizen who is outside the U.S. and is fleeing his/her home country because of a "well-founded fear of persecution on account of race, religion, nationally, membership in a particular social group or political opinion."
​
If you are admitted as a refugee to the United States, one year after your admission, you must apply for your Green Card by filing Form I-485. There is no application or fingerprinting/biometrics fee for refugees to file the Form I-485.
​
As a refugee in the U.S. you may:
-
file Form I-730, Refugee/Asylee Relative Petition, within two years of your arrival, for your spouse and unmarried children under age 21 to join you in the U.S.
-
apply for a Refugee Travel Document if you want to travel outside of the U.S. and re-enter. Without a Refugee Travel Document, you may not be allowed to re-enter the United States.
Withholding of Removal
A withholding of removal status is a relief granted to a noncitizen who has not met the asylum or refugee standard of a "well-founded fear" but have shown his/her "life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group or political opinion," if they were to return to their home country, where the harm occurred or will occur.
​
Once an individual has established a finding of past persecution or the probability of future harm to her/his life or freedom, s/he cannot be removed from the United States to her/his country of removal.
​
A withholding of removal status does not grant a permanent status, rather it is a humanitarian relief that allows the holder to remain in the U.S. without the benefit of becoming a lawful permanent resident. A noncitizen with a withholding of removal status can live and work in the U.S. but if they leave the U.S., will not be granted reentry.
​
Temporary Protected Status (TPS)
TPS, as the name suggests, is a temporary relief granted to a noncitizen who is presently in the United States and is unable to safely return to his/her home country due to a humanitarian crisis such as ongoing armed conflict and natural disaster.
TPS designation for a country has a specified effective start and end period, (usually 6 to 18 months) and may be extended depending on the ongoing crisis in the designated country. If your country was designated TPS and you are eligible, you must apply for the TPS during the specified registration period for your home country. If you are granted TPS, you shall not be deported during the TPS period. You can also apply for employment authorization to work.
To apply you must file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, and pay all required filing fees.
Deferred Enforced Departure (DED)
Deferred Enforced Departure (DED) is a discretional presidential relief designated to a particular country. DED temporarily defers the removal of a noncitizen who is in the U.S. and unable to return to his/her home country due to political changes or other reasons. If the DED provides employment and travel benefits, a noncitizen may apply for employment authorization and advance parole to travel in and out of the United States.
Victims of Criminal Activity (U-Visa)
The U-Nonimmigrant status (U-Visa) is available to a noncitizen who suffered substantial physical or mental abuse as a result of a qualifying criminal activity, and the noncitizen assisted in the investigation or prosecution of the criminal activity.
​
A U-Visa beneficiary can apply to adjust her/his status to a lawful permanent resident (Green Card holder) if s/he has been in the U.S. for at least three years under the U-Visa status and have provided law enforcement assistance with investigation or prosecution of the criminal activity.
​
VAWA: Battered Spouses, Children and Parents
In spite of the name, Violence Against Women Act (VAWA) does not only apply to women, it applies equally to all gender of immigrants who have suffered domestic abuse or extreme cruelty at the hands of their U.S. Citizen or lawful permanent resident relative.
​
An abused noncitizen is eligible under VAWA if s/he is a:
-
Spouse of an abusive U.S. citizen or lawful permanent resident;
-
Child of an abusive U.S. citizen or lawful permanent resident; or
-
Parent of an abusive U.S. citizen child who is at least 21 years old.
​
An eligible noncitizen may file a self-petition under VAWA without the knowledge, consent, or support of the abusive U.S. citizen or lawful permanent resident relative.
An abused spouse does not need to be married to the abusive U.S. citizen spouse at the time of filing the Form I-360, Petition. However, the abused spouse must file within 2 years following the termination of the marriage.
As a VAWA self-petitioner, if an immigrant visa is readily available, you may apply to become a lawful permanent resident by filing Form I-485:
-
Together with your self-petition Form I-360;
-
While your Form I-360 is pending; or
-
After your Form I-360 is approved.
​
A child, who is unmarried and under the age of 21 years old, may self-petition under VAWA by establishing a qualifying relationship to their abusive U.S. citizen or LPR parent, if s/he is the biological child, stepchild or adopted child of the abusive parent.
We will advocate for your protection and safety.
If you are fleeing your home country for fear of political, religious, gender, or other social group persecution, we will advocate for your protection to remain in the U.S.
​
If you are the spouse, child, or parent of an abusive U.S. citizen or lawful permanent resident relative, we will discreetly represent you and advocate for your safety and independence from your abusive relative.
​
Your need for safety, freedom, and happiness is why we are passionate about practicing the law. We believe you desire protection under the law.
​
Whether you are fleeing your home country or abusive U.S. relative, we are here to listen and advocate for your protection and safety.
Let us assist you with your self-petition for lawful permanent residency in the United States.