Deferred action is not lawful status or amnesty. It is not a pathway to permanent residency and it does not pardon immigration violations. Deferred action protects an individual from deportation, prevents the accumulation of unlawful presence and entitles individuals who can demonstrate economic necessity to work authorization.

There are three ways to apply:

• In removal proceedings before an Immigration Judge
• Directly with Immigration Customs Enforcement if apprehended
• Directly with U.S. Citizenship and Immigration Services (once procedures have been established)*
  * Must be at least 15 years of age to apply.

As a battered spouse, child or parent of a U.S. citizen or lawful permanent resident, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition without the abuser’s assistance. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.

Persons brought to the U.S. involuntarily or through deception for the purposes of involuntary servitude or prostitution; are physically present in the U.S. due to trafficking; and under 15 years of age or who has complied with any federal law enforcement agency’s reasonable request for assistance in the investigation or prosecution of acts of trafficking may be eligible for a T visa. After three years in this nonimmigrant status the individual may be eligible for legal permanent residence.

The “U-Visa” or “U non-immigrant status” is a temporary permission to be in the U.S. for certain crime victims who have suffered substantial mental or physical abuse as a result of the crime. U visas were created by the Victims of Trafficking and Violence Protection Act of 2000 to strengthen the ability of law enforcement agencies to detect, investigate and prosecute cases of domestic violence, sexual assault, trafficking of persons and other violent criminal activity of which aliens are victims, while offering protection to the victims and their families.

Approved U petitioners will be granted temporary legal status and work authorization. After three years in such status, persons granted U visas are eligible to apply for lawful permanent resident status.

When country conditions, such as natural disasters (e.g. earthquakes, tsunamis, etc.) or political unrest prevent foreign nationals in the U.S. from safely returning to their home country, the U.S. government may grant Temporary Protected Status to those individuals who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

During a designated period, eligible individuals:

• Are not removable from the United States;
• Cannot be detained by DHS;
• May obtain an employment authorization document (EAD);
• May apply for travel authorization;

Although having TPS by itself does not lead to permanent resident status (a green card), a TPS beneficiary may immigrate permanently under another provision of law, if qualified.