Asylum

Asylum is the legal protection which is given by the United States government to a person who demonstrates “credible fear” of persecution in their home country.  The refugee’s fear could be based on race, religion, nationality, political opinion, or membership in a particular social group.

There are two different forms of gaining an asylum with the United States government.  The first way is by obtaining an affirmative asylum; this is for asylum seekers who have not yet begun the deportation process in court.  With this process, the asylum application is not filed in court, but it is sent to an asylum officer to review. If the asylum officer denies the case, it is sent to immigration court to be handled by an immigration judge.

The second way to obtain asylum is by filing a defensive asylum with the United States government; this is for asylum seekers who already have a court date in the immigration court.  Those who file a defensive asylum must prove their case before an Immigration Judge at the Executive Office for Immigration Review (EOIR).

Temporary Protection Status (TPS)

TPS is a temporary humanitarian relief that gives a temporary safe haven in the U.S. for nationals of a foreign country. TPS is only granted to citizens of certain countries; after consulting with appropriate government agencies the foreign country must:

• Have an ongoing armed conflict within the state
• Have had a natural disaster resulting in a substantial but temporary disruption of living conditions in the area effected
• Have extraordinary and temporary conditions in the foreign country that prevents its nationalists from returning safely

This type of relief is granted for 6 to 18 months, which may be extended depending on the country that has TPS and the situation that the foreign national is undergoing.  A person granted under TPS is not allowed to be deported during the TPS period, and will be granted employment authorization during the TPS period.  If you are approved for TPS, after an extended period of time you are able to adjust or change your legal status; but the approval of TPS does not result in the approval adjustment of status.