Humanitarian paths to immigration status

Types of humanitarian status include:

• Asylum. Asylum is protection for persecuted immigrants who face or fear harm or abuse in their home country.
• U visa. U visas are for immigrant victims of serious crime.
• T visa. T visas are for immigrant victims of human trafficking.
• VAWA program. The Violence Against Women Act (VAWA) is a law that allows eligible survivors of domestic violence to become lawful permanent residents of the U.S.
• Special Immigrant Juvenile Status (SIJS). SIJS is for children who may have been abused, neglected or abandoned by a parent.

Asylum

Asylum is protection for people who have faced persecution or fear persecution in the future. Persecution may include threats, jail time, physical attacks, emotional abuse, sexual violence, bribes, financial extortion or other harm or abuse in your home country due to your:

• Race
• Religion
• Political opinion
• Nationality
• Membership in a particular social group (for example, being gay or a member of a certain tribe)

If your asylum application is approved, you may apply for lawful permanent residence. You also may receive a work permit while you wait for a decision on your asylum application, but you must wait until your application has been pending for 6 months.

Some people may not be eligible for asylum. You may not be eligible for asylum if you:

• Do not apply within one year of arrival in the U.S. However, there are exceptions to this rule, including if you have another immigration status.
• Pass through another safe country before arriving in the U.S. or resettle in another country and do not apply for asylum in that country. 
• Have been convicted or accused of serious crimes.
• Persecuted other people or were involved with or gave support to an organization the U.S. considers terrorist.
• Are considered a security or public health threat to the U.S.

Applying for asylum is complicated. If you want to apply for asylum, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."

U visas for victims of serious crimes

If you are an immigrant victim of a serious crime, you may be eligible to get a U visa to stay in the U.S.

Getting a U visa lets immigrant victims of crime stay in the U.S. and apply for a work permit, and it may open a path to apply for lawful permanent residency (LPR or green card). You may be eligible for a U visa if:

• You are a victim of a serious crime like domestic violence, rape, felonious assault or others.
• You suffer physically or mentally because of the crime.
• You obtain a certification from law enforcement that states you helped in the investigation or prosecution of the crime.

Applying for a U visa is complicated. If you want to apply for a U visa, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."

T visas for victims of human trafficking

Human trafficking happens when you are forced to work against your will because someone lies to you or threatens you. Human trafficking can occur in any industry, including restaurants, farms, house cleaning, construction, child care and sex work.

A T visa lets immigrant victims of human trafficking stay in the U.S. and apply for a work permit, and it may let you apply for lawful permanent residency (LPR) and get your green card.

You may be eligible for a T visa if you:

• Are or were a human trafficking victim. You may be eligible for a T visa if you are or were a human trafficking victim in the U.S.
• Cooperate with a law enforcement agency. You may be eligible for a T visa if you cooperate with a law enforcement agency to investigate or prosecute the crime. You are not required to cooperate if you are under the age of 18 or unable to help due to physical or psychological trauma.

Applying for a T visa is complicated. If you want to apply for a T visa, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."

Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) is a law that allows eligible survivors of domestic violence to become lawful permanent residents (LPRs) of the U.S.

Eligible survivors can be any gender.

To be an eligible survivor, you must:

• Be abused by a citizen or LPR. Your abuser must have been a U.S. citizen or LPR within the last 2 years.
• Have a qualifying relationship with an abuser. Eligible survivors include the abuser’s spouse, former spouse, child or parent. To be eligible, all survivors must have a history of living with the abuser. 
• Petition before the deadline. If your marriage to an abuser ends due to death or divorce, you must petition for VAWA within 2 years.
• Be of good moral character. To be eligible, you must be “a person of good moral character.” All children younger than 14 years old are categorized as having good moral character.

Applying for VAWA is complicated. If you want to apply for VAWA, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."

For more information, visit the U.S. Citizenship and Immigration Services page on abused spouses, children and parents.

Special Immigrant Juvenile Status (SIJS)

If you are an immigrant child who has been abused, neglected or abandoned by one or more parent, you may be eligible for Special Immigrant Juvenile Status (SIJS). SIJS may let you apply for lawful permanent residency (LPR) and get your green card.

To be eligible for SIJS, you must be:

• Under age 21 and unmarried. You must be under 21 years old and cannot be married.
• Unable to reunite with your family. You must be unable to reunite with your family due to abuse, neglect or abandonment.
• Declared a dependent of a U.S. court or state agency. You must be declared a dependent of a U.S. court, or you must be legally committed to or put in the custody of a state agency or individual, and/or be eligible for long-term foster care.

Applying for SIJS is complicated. If you want to apply for SIJS, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."