There are many Potential Pathways to Citizenship. HVJC can conduct a consultation to determine if you are eligible for any of the following:
Family Petitions
Family Petitions may be filed on behalf of a beneficiary by their:
- US Citizen or Legal Permanent Resident (LPR) Spouse;
- US Citizen or LPR Parent;
- US Citizen Child over 21 years of age;
- US Citizen or LPR Sibling.
Although LPR family members can file a family petition on behalf of a beneficiary, the beneficiary can only apply to adjust their status to that of an LPR (Green Card holder) inside the United States if they meet certain exceptions.
Special Immigrant Status
Unmarried young men and women under the age of 21, who have been abandoned, neglected or abused by one or both parents, may be eligible to apply for status as Special Immigrant Juveniles or SIJS.
SIJS Filings Require a Two-Part Process:
- Custody or Guardianship proceedings, where an order is issued designating the child as a Special Immigrant Juvenile.
- USCIS Adjudicates an I-360 application on the Basis of the Custody or Guardianship order
Once a SIJS Beneficiary’s I-360 is approved, they become eligible to apply for a work permit, and later, adjust their status to that of an LPR (Green Card holder). SIJS Beneficiaries can only apply to adjust their status once a visa number is available to them. The Department of State Visa Bulletin is updated each month, but it may take several years for the visa number to be available.
Human Trafficking and Crime Victims
There are special Visas available to beneficiaries who have been trafficked or have been the victim of certain enumerated crimes.
Trafficking Victims can apply for a T-Visa, provided they:
- Have been the Victim of Human Trafficking;
- Are Currently Living in the United States;
- Comply with Law Enforcement; and
- Can demonstrate extreme hardship, showing they would suffer severe and unusual harm if removed from the United States.
Crime Victims can apply for a U-Visa if they have been the Victim of a Qualifying Crime within the United States. U-Visa applicants must prove they cooperated with Law Enforcement or were able to be helpful in the investigation or prosecution of the crime. Eligible applicants must also have suffered substantial physical or mental abuse as a result of being a victim of this criminal activity.
There is no statute of limitations related to when the crime occurred, in order to qualify for possible U-Visa Benefit.
Qualifying Crimes for a U-Visa application include:
- Abduction
- Abusive Sexual Contact
- Blackmail, Extortion
- Domestic Violence
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Slave trade
- Stalking
- Manslaughter
- Murder
- Torture
- Trafficking
- Witness tampering
- Unlawful Criminal Restraint
- Other related Crimes
- Rape
- Sexual Assault
- Sexual Exploitation
Victims of Abuse
Under the Violence Against Women Act, of VAWA as it is more commonly known, certain abuse victims can petition for legal status in the United States. Possible beneficiaries include:
- Abused Spouses of US Citizens or LPRs;
- Abused Children of US Citizen or LPRs; and
- Abused Parents of a US Citizen.
You do not need to provide proof of contact with law enforcement (Police reports, orders of protection, etc.) in order to apply for benefits as an abused family member of a USC or LPR.
Refugee or Asylum Status
A beneficiary seeking Refugee Status can ONLY apply from outside the United States.
To qualify, the Beneficiary must be experiencing mistreatment due to conditions that are of special humanitarian concern to the United States.
Specifically, the Beneficiary must demonstrate they are suffering persecution as a result of their:
- Religion;
- Nationality;
- Membership in a Particular Social Group; or
- Political opinion
Asylum status is very similar Refugee status, in that Asylum beneficiaries have suffered persecution or fear that they will suffer persecution based on their:
- Race;
- Religion;
- Nationality;
- Membership in a Particular Social Group; or
- Political Opinion
The major difference is that Asylum seekers have already entered the United States. To qualify, the beneficiary must file for Asylum within 1 year of their entry into the United States, or be able to show good cause for a late filing.