Those who just migrated to the US due to difficult situations in their home country, like violence, domestic violence, fear of organized crime, or extreme poverty; in search of a brighter future for their children and an opportunity to live the American dream, might not have any other option but asking for asylum. However, being eligible for asylum might not be that easy.
Some factors can difficult asylum cases, like the country of origin. It might be difficult, nearly impossible, to succeed in an asylum case for people from certain countries, and it can be easier for people from specific countries. In any case, the person must have entered the US.
Now, what to do if entering the US, an immigration attorney mentions that the possibilities to succeed in an asylum case are low, and the person is looking for a way to regularize migratory status?
For those who just entered the US, it’s important to submit the asylum application as soon as possible. This for two reasons:
Firstly, because from the first time a person enters the US, has one year to submit an asylum application. If the year passes, there is still the opportunity to submit an application, but it will be more complicated and there will be the need to prove other factors for the case to succeed.
And second, because if the asylum application is submitted in good faith, with all the merits of the case, before reaching six months in the country, unlawful presence can be avoided. That’s important because it allows to regularize migratory status through employment.
It’s possible to regularize migratory status if an employer wishes to submit a petition for the immigrant unless the immigrant has unlawful presence or more than 10 years living in the US; in which case is not an option.
PERM
If the possibilities of succeeding in a case of someone who just entered the US to ask for asylum and submits a bonafide application before reaching six months within the country aren’t high, this person might submit the application through an employer willing to fill out the corresponding forms. This process is called PERM.
PERM is a process through which an employer starts a procedure with the Department of Labor (DOL). This procedure is composed of several parts and takes approximately a year and a half. When the Department of Labor approves the procedure, a laboral petition can be submitted before immigration to obtain Permanent Residence through this medium.
So, if:
- just entered the US,
- the person has no more than six month in the country,
- submits an asylum application,
- is looking for a B plan,
- doesn’t count with a US citizen or Legal Resident spouse,
- doesn’t have over-21 US citizen sons/daughters, and
- the lawyer mentions that the possibilities of succeeding in the asylum case are low;
the PERM can be an alternative to regularize migratory status through employment.
T Visa
Another alternative for those who are entering and looking for asylum, and for those who have a long time living in the US is the T Visa.
The T Visa is one of the humanitarian visas. Humanitarian visas can provide a way to regularize migratory status without leaving the US despite certain difficulties in the case, like unlawful entries and exits or previous deportations.
The T Visa is a way to regularize migratory status through certain situations around human trafficking, such as mistreatment from smugglers. When there is an agreement with smugglers in terms of exchanging money for help to enter the US, and the person ends up practically kidnapped for a certain period forcedly working for the smugglers, this can make the person eligible for a T Visa.
Smugglers get to take advantage of the situations of those who are entering the US. There can be extreme mistreatment or abuse, just as being forced to work, sometimes falling in illegal activities, or being victim of threats or raping. Having been victim of this type of abuse can give the way to regularize migratory status through the T Visa.
This visa (the T Visa) is noble since it can forgive things that other migratory procedures won’t; and can give the way to reach US Permanent Residence despite not having a US citizen or Legal Resident spouse, or over-21 US citizen sons/daughters through whom a procedure can be started; and despite having an asylum case with low possibilities of succeeding.
