Humanitarian Relief: Asylum, Refugee Status, TPS, and VAWA
Asylum and refugee status
Asylum requires a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. The burden is on the applicant, with a one-year filing deadline (with exceptions for changed circumstances or extraordinary circumstances). Traps: the distinction between withholding of removal (higher burden, no path to permanent status) and asylum, and the bars to asylum for certain criminal convictions.
TPS and VAWA
Temporary Protected Status is country-designated and does not lead to permanent residence. VAWA allows abused spouses, children, and parents of U.S. citizens or LPRs to self-petition. Know the bona fide marriage requirement and the self-petitioning framework.
Worked example
A client from a designated TPS country asks whether TPS leads to a green card. Rule of thumb: TPS is temporary and does not itself confer permanent status; however, TPS may provide protection from removal and work authorization, and a separate immigrant petition may be available.