The United States developed several immigration programs for foreign citizens who face severe threats in their home countries and need humanitarian assistance. Whether through a temporary protection status or a green card process, few countries offer as many security possibilities and a brand-new start as the U.S.
At Gondim Law Corp, we represent our clients in various immigration processes. Learn about some of the humanitarian programs offered by the U.S. government, and contact our team if you need legal assistance. Our team of experienced lawyers can help to light the path towards your future in America.
There are various reasons a person can claim persecution and seek asylum in the United States, including religious, sexual, racial, and political discrimination. In addition, people escaping war zones or armed conflicts can seek refuge in America.
The first requirement for someone applying for the asylum process is to be physically present in the United States. It is not possible to file a petition for asylum benefits in the applicant’s country of origin or residence, meaning the person must have already managed to enter the country by legal or illegal means.
Once in the U.S., the applicant must file a Form I-589 (Application for Asylum and Withholding of Removal) at USCIS within 12 months after his or her arrival in the country. Along with this form, it is mandatory to present substantial evidence of persecutions that represents a physical or psychological threat to the applicant’s life, stating why he or she must remain in the United States as a legal resident.
If USCIS approves the initial request, the applicant receives a Temporary Protected Status (TPS), which allows residence and work in the country while the asylum process is being processed and evaluated by a U.S. immigration court, who will ultimately decide if the asylum will be approved. If the decision is favorable to the applicant, he or she can receive the status of Legal Permanent Resident and obtain a green card.
Victims of domestic violence (VAWA):
The VAWA (Violence Against Women Act) is a policy created to help immigrants who are experiencing physical and psychological abuse in their domestic relationships with U.S. citizens or Legal Permanent Residents (LPR) in the United States. Though the name is Violence Against Women Act, the law’s protection is not limited to immigrant women.⠀⠀⠀
In order to qualify for the VAWA, a victim must provide evidences that he or she has been subjected to cruelty and has been present in the U.S. for at least 3 years.
The first step is to self-petition using Form I-360, Petition for Amerasian, Widow, or Special Immigrant. If the USCIS approves the self-petition, then the applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status. If the petition is approved, he or she you will be granted a green card.
DACA (Deferred Action for Childhood Arrivals) is an immigration program that allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for an employment authorization document (work permit).
To qualify for DACA, applicants must have unlawful presence in the United States for a certain period of time (according to his age and time living in the country), completed high school or equivalent education and has not been convicted of crimes or misdemeanors.
Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, this process involves appearing before an immigration judge in immigration court.
To avoid deportation or removal, you will need to present a variety of arguments and evidence that helped explain why an undocumented or illegal immigrant should remain in the United States. Due to the complexity of the defense process, it is essential to rely on the legal advice of lawyers with experience and knowledge about U.S. immigration laws.
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