Stage 2: Filing Your Paperwork

Figuring Out Your Eligibility

If you are unsure about your eligibility, we highly recommend that you speak with a licensed attorney or accredited representative. This is even more important if you have not received an NTA, are not in removal proceedings and are not known to ICE. In these cases, there is a chance that applying for a form of legal status could result in your getting placed into removal proceedings.

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.

Can I apply for both TPS and asylum?

Yes! As a reminder, Temporary Protected Status does not offer a direct pathway to a permanent legal status. Of the options explored in this section, asylum and SIJS do this.

Can I apply for both SIJS and asylum?

Yes! It is important that the information you submit in both applications is consistent. Given how complex the SIJS application process can be, we strongly recommend that you find a qualified lawyer to represent you for SIJS.

What is the difference between filing one asylum application as a family versus one application per family member?

A person applying for asylum can include their spouse and their children on their application as “derivatives.” This means that if that person wins asylum, their spouse and children are also granted asylum, even if they do not have separate claims for asylum. You must have a documented legal relationship to be considered a derivative family member (e.g. a legal marriage with a marriage certificate, a birth certificate listing the parent)

There are many times when each person having their own application for asylum may be preferable or necessary. For instance, if a person is not legally married to their partner, they will need their own application. Also, if a person is subject to certain bars to asylum (i.e. there are reasons why they might not be able to win asylum), they may only be eligible for other relief like withholding of removal and protection under the Convention against Torture which do not allow for derivatives.

Deciding whether to file one application for asylum or multiple applications can be a complicated question and you should consult with an attorney.

What does it mean if I was admitted on humanitarian parole or via CBPOne?

People who turn themselves into immigration officials at a port of entry (a place where people can enter the United States) may be “paroled in” or permitted to enter for a certain period of time. Please see USCIS’ page for a more detailed explanation of parole.

“CBPOne” allows people to make an appointment ahead of time using an app while they are still in Mexico. Those who enter with the CBPOne app will be paroled in for a period of up to two years and can apply for work authorization for the period that they are paroled in. Please refer to CBP’s page on the application for additional information.

Do I have to pay to submit immigration paperwork?

Application Fees. While to apply for asylum is free, you may have to pay to submit other immigration applications if the required form has a filing fee. For example, the I-821 application for TPS has an application fee of $50 for those submitting their application for the first time + a fee of $30 for biometrics, for a total of $80.

Not all applications have a filing fee and for some applications (but not all), you can request a fee waiver if you can show that you are unable to pay either because

you or a member of your immediate family gets a means-tested public benefit, or
your household is low-income (below 150% of the Federal Poverty Guidelines), or
you have financial hardship (such as living in a shelter).

You can find a list of application filing fees here. You can also search by form type to see if a filing fee is required here. You can use Form I-912 to request a fee waiver if you qualify for one and if the form you want to submit allows for a fee waiver:

More information about applying for a fee waiver is available here.

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?
Can I apply for both TPS and asylum?
Can I apply for both SIJS and asylum?
What is the difference between filing one asylum application as a family versus one application per family member?
What does it mean if I was admitted on humanitarian parole or via CBPOne?
Do I have to pay to submit immigration paperwork?

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?
How do I apply for TPS?
What do I do if I do not get my biometrics appointment?

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?
What do I do if my asylum clock stops?
How do I know how many days have passed on my asylum clock?
Why was my work authorization application denied or rejected?

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