If you are in removal proceedings (you have a court date coming up):
- File the I-589 at the clerk’s window and keep a stamped copy;
- Mail the I-589 to the court and mark one copy CONFORMED COPY – RETURN TO SENDER, and provide a self-addressed envelope;
- Make sure to file it at the court where you are appearing;
- You must file your application within ONE YEAR of arrival in the United States to have the strongest case possible;
- After waiting 150 days file the I-765 with proof of filing your application (your stamped copy) to get work authorization;
If you are not in removal proceedings:
- File the I-589 with USCIS at the address they specify for your area within ONE YEAR of arriving in the United States to have the strongest case;
- You will receive a small blue typewritten receipt acknowledging receipt;
- Attend your biometrics (fingerprints) appointment and interview;
- The officer will either approve your case or will refer it to immigration court;
- After waiting 150 days file the I-765 with proof of your application (the small blue typewritten receipt) to get work authorization;
- Mark the box on the page one to also apply for withholding of removal;
- Your spouse and children may apply as derivatives of your application;
- For every single section that requires an answer make sure to write “NONE” or “N/A” to how the question requires (“no” passport, “no” siblings, etc);
- DO NOT LEAVE ANY BLANK SPACES;
- Keep in mind that you cannot return to your country if you win asylum;
- For people who are not in removal proceedings – if you are not successful when you first apply for asylum, you WILL end up in removal proceedings;
- Filing for asylum is not just an easy way to get work authorization!
Recent changes to asylum system:
- Asylum is extremely difficult to apply for and win;
- Your Immigration Judge and court location is essential – look at this study;
- Atlanta courts grant asylum in about 5% of cases on average;
- New York City courts grant asylum in about 80% of cases on average;
- HOWEVER – An asylum application remains the best option for recent arrivals to effectively buy time in the United States while fighting their case.
Asylum/Refugee status Forms and Samples
Please use this attorney-prepared manual and an example of a successful application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.
DACA (Deferred Action for Childhood Arrivals)
On June 18, 2020 the United States Supreme Court ruled that the Trump administration unlawfully ordered the termination of DACA. This decision means that the government must continue to accept DACA renewals along with initial (first-time) DACA applications AND applications for Advance Parole (international travel permits)
Required proof for DACA renewals:
- Copy of most recent Employment Authorization Card (front and back);
If new arrests exist since last applying to renew DACA:
- Certified dispositions of court proceedings AND arrest record;
- Do not apply to renew if guilty of a felony or third significant misdemeanor;
If filing an initial DACA application:
- Proof of identity (expired passport is OK)
- Proof of physical presence in the United States since before June 15, 2007
Parole in Place (for military families)
Parole in Place “fixes” an unlawful entry for the parent, spouse, or child of a person in the United States military (Army, Navy, Marines, Coast Guard, Air Force). Even the relatives of those who previously served or are in the reserves qualify for this benefit. After receiving Parole in Place, an individual may then normally apply for adjustment of status, or at least work authorization.
Required proof of relationship and immigration status:
- Birth certificate with both parents names on it (with translation if required);
- Green card, naturalization certificate, United States passport;
Required proof of military service:
- Current or previous military identification document;
- Most recent military work orders;
- Discharge paperwork if applicable (honorable discharge preferred but others do not automatically disqualify);
Submission and approval:
- Personally deliver application to USCIS office with jurisdiction;
- Ask for a stamped copy to prove submission;
- In 4-6 weeks a receipt and notice to give biometrics will arrive;
- Later, a notice to retrieve the Parole in Place document will arrive;
- Attend your appointment to pick up the Parole in Place document;
After receiving Parole in Place:
- An individual may apply for adjustment of status if no other inadmissibility besides unlawful entry applies and a qualifying family relationship exists;
- File form I-765, Application for Employment Authorization ALONE if any other obstacles to adjustment of status are exist (arrests, removals, etc.);
- International travel is possible with Parole in Place but not recommended;
- Renew Parole in Place every year if no adjustment of status.
The government actually helps with these cases:
- When applying for Parole in Place the United States government is eager to help family members of servicemen and women;
- Please refer to this government publication – Immigration Options for Family of Certain Military Members and Veterans – for the more info.
Parole in Place Forms and Samples
Please use this professional guide and an example of a successful application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.
U visa (for immigrant victims of violent crime)
Immigrants are increasingly becoming victims of violent crimes. A special status exists for such victims. The U visa and U nonimmigrant status are the benefits an immigrant victim of violent crime should apply for. A police officer, prosecutor, or judge must certify the victim before he or she applies for U benefits. This is the format to mail in a request for U certification from the Chicago Police Department, if the crime occurred in Chicago. Certification is ABSOLUTELY NECESSARY to apply for U benefits.
Required proof of criminal victimization:
- Your personal statement detailing what happened;
- Any other evidence proving injury (physical or emotional) such as:
- police reports;
- court records;
- witness statements;
- documenation of any treatment received;
Documentation to prove family member derivative relationship:
- marriage certificate and any divorce certificates for spouse
- birth certificates of children
- birth certificates of siblings
For Applicants with many criminal issues and/or immigration violations:
- Make sure you ask to waive ALL your criminal and immigration violations on your I-192.
For U visa recipients who wish to adjust to permanent resident status:
- No new criminal or immigration violations;
- Physically present in the United States for three years;
- Stay helpful to law enforcement
Please READ THIS
- You must fill in every single box that appears on the I-918, I-918A, and I-192;
- The government has begun REJECTING applications that are “incomplete” with any field blank;
- Make sure to fill in every box that you would normally leave blank with either “None” or “N/A”
- Your I-918B is only valid for six months so getting your case rejected could cause your law enforcement supplement to expire!
U visa Forms and Samples
Please use this guide and an example of a successful U visa application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.