GUIDE TO OTHER OPTIONS TO ASYLUM IN THE UNITED STATES

 

 Introduction

It is estimated that tens of thousands of people enter the US every year from all corners of the globe. Many of these people are with families in tow, looking for a safe haven to live in. Alone in 2020, the US had allowed entry to 31,429 asylum seekers. In that light, most have been from countries like Venezuela, El Salvador, and China. What this means now is that already overly burdened local governments and charities take on the tall order of helping these immigrants.

Asylum granting is a very long and cumbersome process where migrants have to undergo really hazardous situations or travel in continuously harrowing stages to reach the US. Actually, the processes begin right at the border of the US, when they have to undergo a credible fear screening. In this screening, US immigration officials verify if they would be eligible for asylum. An asylum attorney in Texas can help you through this screening.

They must be able to prove that they cannot return to their native country because of ill-treatment based on their race, religion, nationality, membership in a particular social group, or political opinion. Those who can show good cause to fear for their safety are sent to immigration court as they wait to hear whether they can stay in the US. Most times, asylum may be refused, and other times, asylum might not be appropriate. It is, therefore, crucial to know the other options you have for asylum in the US. Talking with an asylum attorney in Texas can simplify these options for you.

This post highlights some of the most common options for asylum in the US.

Stopping removal and safeguard under CAT

There are a couple of ways to avoid being sent back to your home country if you are scared of going back after asylum is refused. One is by stopping removal from the US, and the other is by getting protection under the Convention Against Torture (CAT).

Getting asylum is harder, but the big plus of not being removed or protected under the CAT is that you can still get it even if you don't qualify for asylum. This includes people who have been ordered to leave before but want to stay, but it doesn't work for those who have to apply for asylum within a year of coming to the US or after that. An asylum attorney in Texas can give you more insight.

●      Applying for this option.

To start the process, just check the box that says, "Check this box if you also want to apply for withholding of removal under the Convention Against Torture” on Form I-589. This is the form usually filled out at the same time you are applying for asylum. The judge in immigration court will look at your case for not being removed or protected under the CAT, along with your asylum case. At USCIS, even though they can't give you not being removed or protected, you can still file. If you are turned down for asylum but an immigration court case is opened, that judge can look at all your asylum claims, not just the ones for not being removed or protected.

●      Application for this option by more than one related person.

If you are a family member, everyone has to fill out their own Form I-589 and mark the box that says, “check this box if you also want to apply for withholding of removal under the Convention Against Torture.” If you think you might not qualify for asylum. For instance, if you didn't apply within a year of coming to the US, or if you or a family member has been ordered to leave before, you might want to file your own asylum application.

If you get approval for your application not being removed or protected under the CAT, you can work in the US. But you won't get permanent residency (green card status), and you can't ask to extend your protection to your family. For more details, contact an asylum attorney in Texas.

Temporary Protected Status

TPS is granted to immigrants arriving from selected countries affected by war or natural disasters for a temporary period. This is to enable them to work and travel back. It is not permanent, either. You also can file for TPS and asylum simultaneously. An asylum attorney in Texas can help you in this regard.

If you have a child in El Salvador, Guatemala, or Honduras, and you have TPS or filed before April 11, 2023, through CAM, you may be able to bring them to the United States.

Special Immigrant Juvenile Status (SIJS)

If a state court has declared a child abandoned, abused, or neglected by at least one parent, a child is eligible for SIJS. For eligibility, the rules differ depending on whether the child is below 18 or 21 years of age. It requires the skill of an asylum attorney in Texas.

Once the state court grants your request, you will be eligible to apply with USCIS for SIJS, which may lead to getting a green card. The wait time depends on which country you are from. You can also apply to both asylum and SIJS at the same time with an asylum attorney in Texas by your side. To know more about the SIJS, consult an asylum attorney in Texas.

U-visas

This option is for immigrants who have been victims of serious crimes in the US, and who assist with the investigation or prosecution. It is a very long process. While you are waiting to get your U-visa, you may be eligible for a work permit. If you submitted your U-visa application before April 11, 2023, through CAM, you may be able to bring your child to the US.

If you have a U-visa, you are generally protected from deportation and, in some instances, will be able to bring in some family members. Once you have had a U-visa for three years, you are eligible to apply for a green card. An asylum attorney in Texas can help you apply for asylum and a U-visa simultaneously.

Visas for victims of trafficking (T-visas)

This is a unique immigration class for individuals who have become victims of human trafficking. This includes compulsory work or services, either in the job market or in sexual services. While you are on the waiting list for your T-visa, you also can apply for a work permit. If you have a child who lives in El Salvador, Guatemala, or Honduras and you applied before April 11, 2023, under the CAM program for a T-visa, you may also be eligible for admission to the US with your child.

If you are granted a T-visa, you typically will not be deported and may be permitted to bring some family members to the United States. After maintaining T-visa status for three years, you may also apply for green card status. An asylum attorney in Texas can help you through this option. They can help you file an application for asylum and T-visa simultaneously.

Immigration status under the Violence Against Women Act (VAWA)

VAWA is an immigration law that allows spouses, parents, or children of a US citizen or green card holder who has suffered abuse, including physical, emotional, and sexual abuse, to seek immigration status in the United States. It allows these victims to self-petition on their own behalf, without relying on a US citizen or green card holder. A lawful spouse's assistance is called a “VAWA self-petition.” For suggestions on how to gather all the documentation needed for a VAWA self-petition, an asylum attorney in Texas is your go-to person.

Cancelling removal

If you are in immigration court, VAWA allows certain individuals to request that an immigration judge "cancel" their removal, meaning they get to stay in the US. This is, however, only for those who have been in the US for over ten years and have a parent, spouse, or child who is a US citizen or green card holder and whose deportation would cause "exceptional and extremely unusual hardship." Meeting this high standard is tough.

For more on the ten year cancellation of deportation, speak with an asylum attorney in Texas. Undocumented immigrants who have been in the US for over ten years can ask an immigration judge to cancel their deportation. This -means allowing them to remain in the US. This is if they have a parent, spouse, or child who is a US citizen or green card holder and whose removal would cause "exceptional and extremely unusual hardship." This is an exceptionally high standard to meet.

Get help!

At Gehi and Associates, we have a team of asylum attorney in Texas dedicated to help clients fight to maintain their stay in the US. If your asylum case isn’t going too well, we can guide you through other available options that may fit your situation. Are you wondering how we can help you, reach out to us today!