Hope Through Humanitarian Relief

Temporary Protected Status provides temporary relief from deportation and work authorization for nationals of designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary circumstances.

Current TPS-Designated Countries (as of 2025):

• Afghanistan – Ongoing humanitarian crisis and Taliban control
• Burma (Myanmar) – Military coup and widespread violence
• El Salvador – Environmental disasters and unsafe conditions
• Haiti – Political crisis, violence, and natural disasters
• Honduras – Environmental disasters and unsafe conditions
• Nepal – Continued recovery from 2015 earthquakes
• Nicaragua – Ongoing political repression and violence
• Somalia – Armed conflict and humanitarian crisis
• South Sudan – Ongoing armed conflict
• Sudan – Armed conflict and humanitarian crisis
• Syria – Ongoing armed conflict
• Ukraine – Russian invasion and ongoing war
• Venezuela – Political and economic crisis
• Yemen – Armed conflict and humanitarian crisis

Benefits: Work authorization, protection from removal, travel authorization (advance parole), no filing fee for work permit renewal. Note: TPS does not directly lead to permanent residence but holders may be eligible for other forms of relief.

The U visa protects victims of certain crimes who have suffered substantial mental or physical abuse and assist law enforcement with investigation or prosecution.

Qualifying Crimes Include:

• Violent Crimes: Domestic violence, sexual assault, rape, torture, trafficking, kidnapping, abduction, being held hostage, murder, manslaughter
• Other Serious Crimes: Felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, blackmail, extortion
• Similar Criminal Activity: Related crimes with substantially similar elements

Requirements:

• Victim of qualifying criminal activity in the U.S. or violated U.S. laws
• Suffered substantial physical or mental abuse as result of crime
• Have information about the crime
• Helpful, being helpful, or likely to be helpful to law enforcement
• Crime violated U.S. law or occurred in U.S.

Law Enforcement Certification: Must obtain Form I-918B certification from federal, state, or local law enforcement, prosecutor, judge, or qualifying agency confirming cooperation and helpfulness.

Benefits: 4-year status, work authorization, eligible for green card after 3 years, can include qualifying family members.

The Violence Against Women Act allows victims of domestic violence by U.S. citizens or permanent residents to file for immigration relief independently, without their abuser’s knowledge or consent.

Who Can File VAWA:

• Spouses: Abused by U.S. citizen or permanent resident spouse (including same-sex marriages)
• Children: Abused by U.S. citizen or permanent resident parent (unmarried, under 25 at filing)
• Parents: Abused by U.S. citizen adult child (21 or older)
• Divorced Spouses: If abuse was connected to marriage and divorced within 2 years

Types of Abuse Covered:

• Physical: Hitting, slapping, punching, choking, burning, use of weapons
• Sexual: Forced sexual activity, marital rape, sexual coercion
• Psychological: Threats, intimidation, isolation, extreme jealousy, controlling behavior
• Economic: Controlling finances, preventing work, stealing identity documents

Evidence Required:

• Proof of qualifying relationship (marriage certificate, birth certificate)
• Evidence of abuse (police reports, medical records, photos, witness statements)
• Proof of abuser’s status (naturalization certificate, green card, birth certificate)
• Evidence of good moral character

Benefits: Protection from deportation, work authorization, path to green card, confidentiality protection, includes unmarried children under 21.

SIJS provides a path to permanent residence for unmarried minors under 21 who cannot reunify with one or both parents due to abuse, abandonment, or neglect.

Eligibility Requirements:

• Age: Unmarried and under 21 years old
• State Court Findings: Must have state court order finding:
  • Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis under state law
  • Return to home country is not in the child’s best interest
• Physical Presence: Must be present in the United States

State Court Process:

• File in state family court, juvenile court, or other state court with jurisdiction
• Seek custody, guardianship, or dependency order with required findings
• Court must determine best interest and non-viability of reunification
• Obtain certified copies of order for USCIS filing

USCIS Process:

• File Form I-360 with state court order and supporting evidence
• No filing fee for SIJS I-360 petition
• Can file I-485 for green card if visa number available
• Country-specific visa backlogs may apply (especially Mexico, Guatemala, Honduras, El Salvador)

Important Timing: Must file I-360 before 21st birthday. If approved before aging out, can continue process even after turning 21.

Many humanitarian programs include provisions for family members, but eligibility varies by program:

Programs Including Family Members:

Program	Eligible Family Members
TPS	Each person must qualify individually
U Visa	Spouse, children under 21, parents (if victim under 21)
T Visa	Spouse, children under 21, parents (if victim under 21), unmarried siblings under 18 (if victim under 21)
VAWA	Unmarried children under 21
SIJS	No derivative benefits (individual cases only)
SIV	Spouse and unmarried children under 21

Important Considerations:

• Location: Family members usually must be in U.S. to be included as derivatives
• Timing: Include family members in initial application when possible
• Age-Out Protection: Some programs protect children from aging out during processing
• Safety Concerns: Family members abroad may face retaliation – consult attorney about safety planning
• Separate Applications: Family members outside U.S. may need separate applications or consular processing

Processing times vary significantly by program type, USCIS workload, and case complexity:

Current Processing Times (approximate):

• TPS Initial Registration: 2-8 months
• TPS Re-registration: 4-12 months
• U Visa: 4-6 years (due to annual cap)
• T Visa: 12-24 months
• VAWA Self-Petition: 12-20 months
• SIJS I-360: 8-15 months
• SIJS I-485 (Adjustment): 12-24 months (if visa available)
• SIV: 6-18 months (varies by country program)

Factors Affecting Processing:

• Completeness: Complete applications with all evidence process faster
• RFEs: Requests for Evidence add 2-6 months
• Security Checks: Background checks can cause delays
• Country Conditions: Difficulty obtaining documents from certain countries
• USCIS Priorities: Policy changes affect processing order

Work Authorization Timing:

• TPS: Can work immediately upon TPS approval
• U Visa: Bona fide determination allows work auth while waiting
• T Visa: Work authorization included with T status
• VAWA: Can apply for work permit with I-360 filing
• SIJS: Can apply for work auth with I-485 filing

Expedite Requests: May be possible for severe illness, humanitarian reasons, or USCIS error, but granted rarely.

Criminal history doesn’t automatically disqualify you from humanitarian relief, but requirements vary by program and offense type:

Program-Specific Criminal Bars:

• TPS: Bars for felony or 2+ misdemeanors in U.S. Limited waivers available for certain crimes
• U Visa: Generally no criminal bars, but serious crimes may affect discretionary approval
• T Visa: No specific criminal bars, but crimes unrelated to trafficking may affect approval
• VAWA: Good moral character requirement – certain crimes may bar approval
• SIJS: Generally no criminal bars for minors, but serious crimes may affect discretion

Crimes That May Create Issues:

• Violent Crimes: Assault, domestic violence, weapons offenses
• Drug Crimes: Trafficking, possession with intent, simple possession (varies by program)
• Crimes Involving Moral Turpitude: Fraud, theft, crimes with intent to harm
• Aggravated Felonies: Serious crimes defined by immigration law
• Immigration Violations: Prior deportations, illegal entry, document fraud

Possible Solutions:

• Waivers: Some programs allow waivers for certain crimes
• Case Analysis: Detailed review of charges, convictions, and dispositions
• Post-Conviction Relief: Vacating convictions, reducing charges in state court
• Alternative Programs: If barred from one program, may qualify for another
• Rehabilitation Evidence: Community service, counseling, stable employment

Critical: Consult experienced attorney immediately – attempting applications without proper analysis of criminal issues can lead to detention and removal proceedings.