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Stage 2: Filing Your Paperwork

Figuring Out Your Eligibility

What are my options?

There are a number of ways that you can obtain lawful immigration status and/or protection from deportation if you have a case in immigration court. Three of the most common ways for people who arrive through the southern border are: asylum, Temporary Protected Status (TPS) and Special Immigrant Juvenile Status (SIJS). You can look at each of the explanations below to get a better sense whether you qualify for any of these types of legal status.


Humanitarian parole is another way that non-citizens can enter the United States, but it does not offer a direct pathway to the green card. Like TPS, it is discretionary. Parole also gives you an opportunity to adjust your immigration status. At the moment, we do not include information on parole on the PSPP website, but you can refer to the USCIS website for more detailed information.

What is asylum?

Asylum is an immigration benefit granted to people who demonstrate fear of returning to their home country because of past persecution and/or fear of future persecution by either the government or a group and/or person  that the government will not or cannot control. Persecution in this context means serious harm or threat of serious harm. Please note that lack of economic opportunity or general violence do not qualify as persecution. 

 

The persecution an asylum-seeker suffered or fears they will suffer in their home country must be based on one or more of the following protected grounds:

 

  • race (i.e. you belong to a racial group that is persecuted by your state), 

  • religion (i.e. you have been the victim of violence because of your religious beliefs), 

  • nationality (i.e. you are living in another country where people with your nationality are being attacked by a local group),

  • political opinion (i.e. you support an oppositional political party and have been arrested as a result), or 

  • membership in a particular social group (i.e. you are part of a group that is not defined by one of the grounds above and have suffered violence because of this membership)

 

If you qualify for asylum, you must submit your asylum application within one year of entering the United States.

 

If you are granted asylum, you will be protected from deportation and you will start the process of becoming a permanent resident of the US and eventually a US citizen. 


For an overview of the asylum process from start to finish, check out Making Policy Public’s “What is asylum?” brochure.

What is TPS?

TPS stands for Temporary Protected Status. This is a status that the US’ government - specifically, the USCIS, which is part of the Department of Homeland Security (DHS) - will give to nationals of certain countries who are already in the US as of a certain date, because the conditions in those countries temporarily prevent nationals of those countries from returning safely (for example because of war, civil unrest, or natural disasters). 

 

While there are unsafe conditions in many countries, TPS is only for nationals of countries designated by DHS. Also, TPS only protects nationals of a certain country who arrived in the US by a certain date. For example, only nationals of Afghanistan who resided in the US on or before September 20, 2023 are eligible for TPS; those who arrived in the US after that date are not. Each country designated for TPS has different dates. For information about the official overview of all countries that currently have TPS, please refer to the USCIS website Temporary Protected Status page. 


It is important to note that TPS does not lead to lawful permanent status or give another other immigration status. The primary benefit of TPS is that it protects you from deportation, allows you to apply for work authorization, and makes you eligible for travel authorization. There are other avenues that will help you obtain immigration status. For further information on TPS, you can review PSPP Partner NYLAG’s presentation on TPS.

What is SIJS?

SIJS stands for Special Immigrant Juvenile Status. A person who qualifies for SIJS can apply for permanent residence (a green card) on that basis.

 

To qualify for SIJS under federal law, you must 1) be under 21 years of age at the time you file your application, 2) be currently living in the United States, 3) be unmarried, 4) have a valid juvenile court order that finds that you are either dependent on the court, in custody of the state or of an individual or entity appointed by the court. 

 

Please note that the age requirement differs between USCIS, which is governed by federal law, and family court, which is overseen by the laws that govern in the United States (in America, there are different laws for the federal government and for states). It is important to refer to your local family court under their particular age requirements.


SIJS is a difficult process to complete without legal representation because it also involves two different courts: immigration court and family court. We strongly recommend that those who are eligible for SIJS find a legal service provider to help them with this case.

Stage 2 Questions

Stage 2: Filing Your Paperwork

​

Figuring Out Your Eligibility

  • What are my options?

  • What is asylum?

  • What is TPS?

  • What is SIJS?

​

Preparing & Submitting Your Asylum Application

  • How do I fill out my asylum application?

  • How do I submit my asylum application?

  • What happens after I submit my asylum application?​

​​Applying for Work Authorization

  • When can I apply for work authorization?

  • What are the steps for filing my work authorization?

  • What happens after I submit work authorization?

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