Asylum, Humanitarian-Based Immigration, and DACA
Asylum is granted to citizens of other countries who are already in the United States and who show that they have an objectively reasonable fear of persecution in their country on account of their race, nationality, political opinion, social group or religion.
Refugee status is a form of protection that may be granted to people who meet the definition of refugee and who are of special humanitarian concern to the United States. Refugees are generally people outside of their country who are unable or unwilling to return home because they fear serious harm.
Temporary Protected Status
Temporary Protected Status (TPS) is a temporary immigration benefit that allows qualified individuals from designated countries who are in the United States to stay here for a limited time period.
VAWA relief applies to husbands, wives, parents and children. When a foreign-born relation of a U.S. citizen (and in certain cases Permanent Residents) has experienced extreme cruelty and abuse at the hands of the U.S. person, VAWA allows the foreign-born person to file a petition on by his or herself. If it is approved, then the VAWA applicant may be eligible to file for legal permanent residence.
This visa/status may be available to victims (or survivors of victims) of certain crimes who have cooperated with law enforcement in the investigation or prosecution of the crime.
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What is DACA?
DACA (Deferred Action for Childhood Arrivals) is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.
Deferred action does not provide an individual with lawful status.
Who Qualifies for Deferred Action for Childhood Arrivals (DACA)?
Certain illegal immigrants who came to the United States as children and meet several key guidelines may request consideration of deferred action.
To be eligible for this exemption the illegal immigrant in question must:
- Be under the age of 31 as of June 15, 2012;
- Came to the United States before reaching 16th birthday; have continuously resided in the United State since June 15, 2007, up the present time;
- Physically present in the United States on June 15, 2012, and at the time of filling request for deferred action;
- Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school (GED) or an honorably discharged veteran of the United States Military; and
- NO felonies, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.
What does DACA do for approved applicants?
- Defers active deportation for two years and is renewable at the end of that two years.
- Allows approved applicants to apply for a two years work authorization for legal employment in the United States.