- U Visas for victims of certain crimes
- T Visas for victims of human trafficking
- TPS (temporary protected status
- SIJS for children under age 21 who are in the US but who have been neglected and abandoned
There are no limits on the number of persons who can be granted Asylum. To qualify for protection, the persecution must be on account of race, religion, nationality, membership in particular social group, or political opinion. A person-seeking asylum at the border will be pre-screened in the expedited removal process. An Asylum officer will determine whether a person has credible fear of persecution, and if so the case will be set for a hearing before an Immigration judge. If the officer believes that there is no credible fear the case will e reviewed by IJ for credible fear. If it is determined that the person has credible fear, the case will be set for a full hearing of claim; if not there is no further administrative review.
A person who is already in the United States and not in removal proceedings may submit am “affirmative Asylum” application. An Asylum officer will review the application. If the officer does not grant the claim than the case will be referred for the removal proceedings. If a person is already in removal proceedings, h or she may submit a defensive asylum claim and withholding of removal.
After one year the person who has been granted Asylum, he or she can apply for adjustment of status.
A person outside of his or her country of nationality who is unable or willing to return there because of the well founded fear of persecution on account of race, religion, nationality, membership in particular social group, or political opinion. In order to receive protection, an individual may apply overseas before a DHS officer, who reviews the case and considers the categories of the persons designated by the president.
TPS is a short term temporary protection status given to people from certain countries experiencing political or environmental upheaval. During period of civil strife, economic upheaval, or natural disaster, the attorney general in consultation with other agencies can exercise his discretion not to force national of these countries to leave the United States. Individuals who were in the country illegally can present themselves and receive work authorizations, those in proceedings can have their case put on hold; those already ordered removed could not be returned until the situation is stabilized.
There are there basis of TPS 1) existence of an already armed conflict within a particular country that poses threat to the personal safety 2) flood, drought, epidemic, earth quake, or other natural disaster 3) An extraordinary circumstances that would prevent the nationals of the country to return safely.
U visa is for a person who is a victim of certain crime as listed in the statute and has suffered substantial physical and mental harm as a result. The victim must have been helpful to federal, state or local officials. The victim can file for adjustment of status after three years.
SIJS is for children under 21 years of age and need a protection of juvenile court because of neglect, abuse, abandoned by a parent. If the SIJS status is granted they may be eligible for a green card.