Special Immigrant & Humanitarian Programs

Yes, DACA is active but with limitations. Current DACA recipients can renew their status and are protected from deportation. However, USCIS is not accepting new DACA applications due to a July 2021 court order. The program’s future remains uncertain, with ongoing legal challenges and potential changes depending on future court rulings or congressional actions.

TPS stands for Temporary Protected Status.  TPS is a U.S. immigration program granting temporary residency and work authorization to nationals from certain countries experiencing conflicts, disasters, or other extraordinary conditions. TPS protects recipients from deportation and allows them to work legally in the U.S. It’s a temporary solution without a direct path to permanent residency or citizenship.  Countries designated for TPS are periodically reviewed by the Department of Homeland Security and is subject to change.

Asylum in immigration law is a protection granted to individuals in the U.S. who fear persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. Asylum seekers must prove a well-founded fear of persecution and cannot safely return home. Asylum may offer a path to permanent residency and citizenship. The process involves application, interviews, and evidence presentation, and must include legal counsel. Applications must be filed while physically present in the U.S.

 Affirmative asylum applications are proactively filed by individuals who are not in removal proceedings and believe they qualify for asylum. These applications are submitted directly to the U.S. Citizenship and Immigration Services (USCIS). Defensive asylum applications, on the other hand, are filed by individuals who are already in removal proceedings in Immigration Court. This is typically a “defense” against their removal from the U.S. The application becomes a part of their court proceedings, and the immigration judge will decide on their asylum eligibility.

Yes, you can work while your asylum application is pending, however there are specific guidelines you must adhere to. You cannot apply for work authorization immediately after filing for asylum; instead, you must wait 150 days from the date USCIS received your complete asylum application. If no decision has been made on your asylum application till after the 150-day period, you can apply for an Employment Authorization Document (EAD) by submitting the required form. Once approved, the EAD allows you to work legally in the U.S. It’s essential to be aware of these timelines and ensure you have the necessary authorization before seeking employment, to avoid jeopardizing your asylum application or status.

If you’ve missed the one-year deadline to apply for asylum after arriving in the U.S., your asylum application may be denied unless you qualify for an exception. There are two primary exceptions to this rule:

• Changed Circumstances
• Extraordinary Circumstances

Yes, in most cases, you can petition to bring your spouse and unmarried children under 21 to the U.S. after being granted asylum.

  A U visa is a nonimmigrant visa in the U.S. for victims of certain crimes who have suffered significant abuse and are willing to assist law enforcement. Eligibility requires being a victim of a qualifying crime, suffering substantial abuse, and aiding in investigation or prosecution. Benefits include protection from deportation, work permit eligibility, and potential for permanent residency after three years. The application process is complex and may involve lengthy processing times due to annual visa caps. Obtaining the assistance of an experienced immigration attorney is highly recommended. Call (816) 994-2300 today!

 A T visa is a nonimmigrant visa in the U.S. for victims of severe human trafficking who assist law enforcement in investigations or prosecutions. It offers protection from deportation, work authorization, and a potential pathway to permanent residency after three years. Eligibility includes being a trafficking victim, cooperating with law enforcement, and meeting other specific criteria. There’s an annual cap on T visas, emphasizing confidentiality for applicants. The application process is tedious and involves evidence gathering.  Obtaining the assistance of a seasoned immigration attorney is highly recommended. Call (816) 994-2300 today!

VAWA, or the Violence Against Women Act, is a provision that allows victims of abuse at the hands of certain U.S. citizens or Green Card holders to seek legal immigration status in the U.S. without the knowledge or involvement of their abuser. VAWA allows victims, irrespective of gender, to carve pursue their path to legal U.S. residency. This pathway is a testament to the United State’s commitment to protect those vulnerable, ensuring their safety and a life free from harm.

The Violence Against Women Act (VAWA) plays a pivotal role in safeguarding immigrants who’ve been subjected to abuse by a U.S. citizen or lawful permanent resident (LPR).  Following are some ways victims of abuse you can seek assistance under the provisions offered by VAWA:

• Self-Petitioning: Through VAWA, immigrants gain the ability to self-petition for legal status without relying on their abusive family member’s sponsorship.

• Protection for all genders: The name might suggest specificity to women, but VAWA casts a wide net including men and member of the LGBTQ+ community.

• Cancellation of Removal: Immigrants facing an imminent risk of deportation can invoke the VAWA Cancellation of Removal. This not only puts a potential stop to the deportation process but also opens doors to adjust their immigration status.

• Protection for undocumented Immigrants: A key tenet of VAWA is its inclusivity. Even if someone’s undocumented, VAWA can still be a beacon of hope, offering avenues to adjust their status, especially if abuse is part of their narrative.

• Support during deportation proceedings: Deportation can be a harrowing experience. VAWA recognizes this and extends support even during these proceedings, potentially altering the course of the individual’s immigration journey.

• Waiver of Inadmissibility: Certain grounds might render an immigrant inadmissible to the U.S. VAWA introduces flexibility here, allowing for waivers of inadmissibility under less stringent criteria than typical immigration processes.

Evidence is crucial: While VAWA offers multiple avenues of support, backing one’s claims with concrete evidence remains paramount. This can include medical reports, testimonies, police records, or other pertinent documentation.