Different Legal Pathways to Permanence in the United States
The information found in this guide is not exhaustive and should not be interpreted as legal counsel. It is merely an informative guide to explain the pathways to legal permanence in the United States that may be available to you based on your specific circumstances. It is always recommended to consult with a licensed attorney if possible.
Asylum
Asylum is a legal pathway to permanent residence in the United States that is available to people who have been persecuted on the basis of 1) race, 2) religion, 3) nationality, 4) political opinion, and/or 5) membership in a particular social group. To apply, you must complete the I-589 application for asylum and withholding of removal within 12 months of when you entered the United States. You will be eligible to apply for employment authorization 150 days after applying for asylum.
Additional information: https://www.uscis.gov/i-589
Withholding of Removal
This is a status available to people who have experienced torture or significant threat of torture at the hands of their government, or in a circumstance where their government is unwilling or unable to intervene. It is NOT a pathway to permanent residency or citizenship, but can allow you to live and work in the United States without fear of deportation. To apply, you must complete the I-589 application for asylum and withholding of removal within 12 months of when you entered the United States. You will be eligible to apply for employment authorization 150 days after applying for asylum.
Additional information: https://www.uscis.gov/i-589
Special Immigrant Juvenile Status
A child who is under 21 years of age AND is in a situation in which the claim of abuse, neglect, or abandonment is against one or both parents while the child resides with the non-offending parent or another family member or adult who they have been living with for at least 6 months when it is determined by a state judge that it would not be in the child’s best interest to return him or her to their native country. In most states, the determination of abandonment or neglect must come prior to turning 18 and generally requires the assistance of a lawyer to obtain. SIJS is a pathway to permanent residency in the United States.
T Nonimmigrant Status – T status or T visa is a pathway to permanent residency for victims of human trafficking, whether for labor or for sexual exploitation. It is applicable even if they are undocumented in the US and/or entered without inspection.
U Nonimmigrant Status – U Status or U visa is a pathway to permanent residency available to victims of serious crimes in the US who are willing to assist law enforcement with investigating the case through cooperation including phone calls, sharing evidence, giving written statements, etc. Victims must call the police and make a report within the statute of limitations for that crime. After assistance to law enforcement is given, they must obtain a certification proving that they helped (I-918 Supplement B)
R-1/R-2 Visa – Temporary nonimmigrant religious worker visa can be a path to permanent residency. It is available to people who have been active participants in a religious denomination present in the US and who wish to work for an organization within this denomination in the US. Applicants must have a sponsoring organization to employ you. Can only work for the religious organization identified in your application under this visa. You can apply for permanent residency after 2 years of holding this status. You can apply for this status inside or outside of the US.
Temporary Protected Status – available to migrants from certain countries who entered during limited windows
- Additional information, click on “Countries Currently Designated for TPS” to see if your country is currently designated for TPS and, if so, what the special requirements are.
Violence Against Women Act (VAWA) – Available pathway to permanent residency available to people who have faced domestic violence (physical abuse, emotional abuse, financial abuse, etc) IF their spouse is a citizen OR legal permanent resident.
What are your rights when you encounter ICE? (English and Spanish)
https://immigrantjustice.org/know-your-rights/know-your-rights-if-you-encounter-ice
Helpful information about finding a lawyer, interacting with US law enforcement, and interacting with immigration (English and Spanish)
