Humanitarian Relief (Asylum, Deferred Action, Temporary Protected Status - TPS):
Humanitarian immigration relief may be sought in genuine, compelling situations involving persecution, victimization (e.g., U visas for qualifying crime victims), extraordinary hardship, or Temporary Protected Status (TPS) designations for certain nationals. Each humanitarian category involves specific criteria, extensive factual evidence, and persuasive legal arguments to substantiate eligibility.
Important Considerations:
• Filing a legitimate humanitarian application, such as asylum or TPS, typically permits the applicant to remain lawfully present in the U.S. while the application is pending.
• Asylum applications generally prevent accrual of unlawful presence while pending adjudication, but the applicant must meet strict filing deadlines (generally within one year of U.S. entry or qualifying event). • TPS and deferred action applications must be filed according to specific DHS guidelines and deadlines; they do not automatically resolve past status violations or cure previous periods of unlawful presence, but can offer temporary lawful presence and work authorization upon approval.
IMPORTANT NOTE:
• Filing a new immigration application does not necessarily cure or eliminate prior status violations. Prior visa revocation or SEVIS termination can adversely affect future applications.
• “Bridge” applications (multiple successive filings) are carefully reviewed by USCIS. Applications that lack a legitimate basis, genuine purpose, or evidence of lawful intent risk further immigration penalties, including potential inadmissibility for fraud or misrepresentation. • All alternative immigration categories involve complex rules, strict deadlines, and detailed evidentiary standards. Self-filing without professional legal guidance is highly discouraged due to the risk of inadvertent violations or immigration consequences.
Important Legal Considerations for Students with Revoked Visas or Terminated Status:
• Filing a Change of Status (COS) after visa revocation or SEVIS termination generally does not cure previous status violations or eliminate prior periods of unlawful presence. If a COS application is filed after a student’s lawful status has ended, USCIS may still deem the applicant ineligible based on these prior violations. While timely and non-frivolous COS applications may temporarily prevent unlawful presence accrual during their pending period, students whose status has already been revoked or terminated typically face heightened scrutiny and potential denial unless compelling circumstances are clearly documented.
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LexElite Law
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