Immigrants

Legal Permanent Residents
LPRs have work authorization and after 5 years of residency (3 years if married to a U.S. citizen) can apply for citizenship. There are two main routes to get permanent residency or a "green-card". They are based on either family sponsorship or employment.

For more information see: Paths to Legal Permanent Residency (internal page)

Parolees
Individuals who were lawfully admitted to the US by the US government for humanitarian reasons or significant public purpose. Some Parolees are eligible to adjust to a permanent status. To be considered a "qualified alien", and therefore eligible for some public benefits, Parolees must be granted a status for at least 1 year.

Conditional Entrants
Before the Refugee Act of 1980, this term was used for nationals of communist and middle eastern countries. It is similar to refugee status, but has not been used since 1980.

Refugees
Refugees are those who must flee their country due to fear of persecution based on five internationally recognized grounds. These grounds are: race, religion, political opinion, membership in a social group or national origin. These immigrants receive their status before entering the U.S. and usually are at least somewhat sponsored by a refugee organization that offers some settlement aid. Refugees do not automatically receive a green card- they must apply after one year of having refugee status.

Asylees
Asylees are similar to refugees, but they either seek asylum upon entering the U.S. or apply for the status within one year of arrival. Those that win asylum status can apply for a green card after one year of receiving that status. If one loses the asylum case he or she is deportable. Many people at this point stay and become fugitives. Only a small percentage of asylum cases are granted. Those who are free pending a decision have a very difficult time getting work authorization. Prior to 1997 it was much less difficult. One tip- if USCIS fails to respond to them within 180 days they are entitled to work authorization.

Detention- Some come to the U.S. with false documentation (often because that is the only way to escape their country) and request an on the spot interview, called the “credible fear” interview. If one has entered with fraudulent documents they will remain in detention pending their case. Those in detention have to hire and pay their own lawyers or represent themselves and it is very difficult to get representation in detention. Most detainees end up representing themselves.

Cuban/Haitian Entrants
Nationals of Cuba or Haiti with one of the following:

Amerasians
A term broadly used to refer to US citizen-fathered children born in Korea, Vietnam, Laos, Cambodia, Thailand, between 1950 and 10/22/1982. Amerasian immigrants typically have LPR status. Only Amerasians from Vietnam are "qualified" under federal law (no 5 year wait for public benefits and are eligible for SSI benefits for 7 years after receiving status.

Withholding of Deportation

Battered Immigrants
The Violence Against Women Act passed by Congress in 1994 includes that spouses and children of U.S. citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. Certain battered immigrants may file for immigration status without the abuser's assistance or knowledge in order to seek safety and independence from the abuser.

Victims of Trafficking
Congress allots 5,000 "T" visas to victims of trafficking (slavery, sex trade, etc). Visas must be certified by the Office of Refugee Relocation (ORR) not USCIS. Additionally, applicants must be available for prosecution of the traffickers. "T" visa recipients are eligible for all federal benefits and all state benefits to the same extent as refugees including eligibility for Legal Permanent Residency ("green card") after three years of status.

Permanently Residing under Color of Law (PRUCOL)
PRUCOL is not an "Immigration" status, but instead is a term used for benefit programs. Individuals with PRUCOL status are either known by the USCIS to have a presence in the US and/or USCIS is not engaged in deportation proceedings. Examples of PRUCOL include:

Humanitarian Parole
Humanitarian Parole is very rare and can only be requested for people outside of the U.S. Typical examples of this status are when refugee quotas are exhausted and the U.S. is willing to let in more refugees from a war or natural disaster (such as the tsunami), or when a spouse is in danger overseas. There is a time limit for the duration of stay of a maximum of one year, though individual cases may be shorter. This is NOT an option for an undocumented parent of an ill citizen child.

Humanitarian Relief
There is very limited humanitarian relief- might be an option for undocumented parents with sick children. This differs from Humanitarian Parole in that Humanitarian Relief is for those already in the country. It is granted at the discretion of the USCIS. Some forms of humanitarian relief mean you cannot apply for a green card.