Obtaining Asylum in the United States
There are 3 ways of obtaining asylum in the United States:
The affirmative process;
An Asylum Merits Interview after a positive credible fear determination; or
The defensive process.
If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum affirmatively or defensively, file a Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States. There is no fee to apply for asylum.
You may include your spouse and children who are physically present in the United States as dependents on your affirmative or defensive asylum application at the time you file or at any time until a final decision is made on your application. To include your child as a dependent on your application, the child must be under 21 years old and unmarried.
Temporary Protected Status
The TPS program provides legal status in the U.S. and protection from deportation for up to 18 months. It also provides work permits for people to work legally in the country. And it can be extended.
The Temporary Protected Status (TPS) program is a humanitarian initiative established by the United States government to provide temporary immigration relief to individuals from designated countries facing ongoing armed conflict, natural disasters, or other extraordinary and temporary conditions. TPS allows eligible nationals of these countries to stay and work in the United States for a limited period of time without fear of deportation.
Under the TPS program, individuals who are already in the United States and meet specific criteria can apply for protected status. This status is typically granted for a designated period, which can be extended if the conditions in the home country continue to warrant the program's continuation. TPS beneficiaries are also eligible to obtain work authorization during their protected status period.
It's important to note that TPS is designed as a temporary measure to provide relief to individuals who cannot safely return to their home countries due to the extraordinary circumstances.
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