Other Special Categories
Children under 21 who have been abandoned, neglected, or abused by a parent and who obtain appropriate state court orders may be eligible to apply for permanent residency (“green card”) under the Special Immigrant Juvenile Status. This process is available to these children either during removal proceedings or outside of removal proceedings. Strict guidelines must be met, so it is critical to seek immigration counsel before starting this process.
The DACA Program (Deferred Action for Childhood Arrivals) allows certain foreign nationals who arrived as children to apply for temporary protection from removal and employment authorization. To qualify for DACA, you must meet all of the following criteria – we can review these with you to determine your eligibility and assist you with your processing:
- Arrived in the US before age 16;
- Are now at least 15 years of age (Unless you are in removal proceedings);
- Were under 31 on June 15, 2012;
- Have been continuously present in the US since June 15, 2007;
- Had no lawful immigration status on June 15, 2007;
- Are currently in school, have graduated from High School or obtained a GED;
- Have not been convicted of a felony or a significant misdemeanor or multiple misdemeanors; and
- Are not otherwise an enforcement priority for ICE.
TPS, Asylum, and other Protection Categories
Foreign nationals from certain designated countries may qualify for Temporary Protected Status (“TS”) which allows a qualified applicant to remain in the US and obtain employment authorization. Special filing requirements must be met to qualify under each particular TPS program
Foreign nationals who have a credible fear of return to their home country as a result of persecution may qualify for asylum. Strict filing deadlines apply, and rules differ depending upon whether the foreign national is in removal proceedings or not. There are also severe penalties for filing a frivolous asylum application, so it is imperative to have an experienced attorney evaluate your asylum claim.