Immigration Options Other Than Asylum

In addition to asylum, you may be able to apply for one or more of the following forms of immigration relief. If you are not sure whether you should apply for any of these, you may wish to find legal help.

Scroll down or click on the links below to read information from the Asylum Seeker Advocacy Project (ASAP).

Withholding of Removal and Protection Under the Convention Against Torture (CAT)

Like asylum, withholding of removal and protection under the Convention Against Torture (CAT) are forms of protection against deportation for people who are afraid to return to their countries of origin. 

Withholding of removal and protection under CAT are harder to win than asylum. However, the main benefit of withholding removal or protection under CAT is that you can apply even if you are not eligible for asylum. For example, people who have previous deportation orders generally cannot apply for asylum, but they can apply for withholding of removal and protection under CAT. Also, you usually have to apply for asylum within one year of entering the United States (with some exceptions). But even after one year has passed, you can still apply for withholding of removal and protection under CAT.

How to apply: 

When you file the asylum application, check the box at the top of the first page of Form I-589, which says “Check this box if you also want to apply for withholding of removal under the Convention Against Torture.” There is generally no disadvantage to applying for withholding of removal and protection under CAT at the same time as you apply for asylum. 

If you have a case in immigration court, the judge should consider your case for withholding of removal and protection under CAT at the same time as your case for asylum. 

If you have a case with USCIS, USCIS cannot grant withholding of removal or protection under CAT. However, you can still check the box on Form I-589. If USCIS does not grant you asylum and they start an immigration court case against you, the immigration judge can decide on your asylum, withholding of removal, and CAT claims at the same time. 

What about family members: 

If you and your family members have your cases together in immigration court, and if you want to apply for withholding of removal and protection under CAT, each family member must submit their own separate Form I-589 and check the box. You and your family members may want to submit separate asylum applications if you think you may not qualify for asylum (for example, if you did not apply for asylum within one year of entering the United States or if any of you have a previous deportation order). 

What happens if you win: 

​If you win withholding of removal or protection under CAT, you cannot be deported, and you can apply for a work permit. 

However, unlike asylum, if you win withholding of removal or protection under CAT, it will not lead to permanent residency (also known as a green card). And unlike asylum, you cannot request protection for your family based on winning withholding of removal or protection under CAT. 

For more information about withholding of removal and protection under CAT, read this guide and Section III of this guide.

Temporary Protected Status (TPS) for immigrants from specific countries

TPS is a temporary immigration status provided to individuals from specific countries that are experiencing problems such as war or natural disasters. If you receive TPS, you cannot be deported from the United States while your TPS is valid, you can apply for a work permit, and you can apply for permission to travel outside of the United States and then return. However, TPS does not lead to permanent residence (green card).

You can apply for both asylum and TPS at the same time. Read more about TPS here.

If your TPS application is denied, the government may start an immigration court case against you and send you a document called a Notice to Appear.

Special Immigrant Juvenile Status (SIJS) for children abandoned, abused, or neglected by a parent

SIJS is an immigration status for minors who have been abused, abandoned, or neglected by one or both parents. This determination is made by the state court where you live. SIJS is only available to applicants under 18 or 21 (depending on which state you live in), so it is very important that you talk to an attorney as soon as possible. 

After the state court has made this determination, you can submit your SIJS petition to USCIS.

If USCIS grants SIJS, you may be eligible for permanent residency (green card). Depending on the country you are from, you may have to wait for a while before you can apply for or receive your green card.

Previously, if you won SIJS, you could immediately apply for a work permit through a process called “deferred action.” But as of April 2025, this is no longer possible. If you received a work permit through deferred action in the past, USCIS may send a notice ending your work permit early. When you apply for a green card, you can apply for a work permit based on the pending green card application.

If USCIS denies your SIJS application, the government may start an immigration court case against you and send you a document called a Notice to Appear.

You can apply for both asylum and SIJS at the same time.

For more information on how to apply for SIJS, read this guide. If you are under the age of 18, read about legal resources.

U-Visas for survivors of crime

A U-Visa is an immigration status for victims of a serious crime in the United States who help law enforcement officers investigate or prosecute that crime. USCIS takes many years to process U-Visa applications.

While your U-Visa application is pending, you can apply for a work permit.

If you receive a U-Visa, you will generally be protected from deportation and you may be able to bring some family members to the United States. After you have had the U-Visa for three years, you can also apply to become a Lawful Permanent Resident (green card holder).

If your U-Visa application is denied, the government may start an immigration court case against you and send you a document called a “Notice to Appear.”

You can apply for both asylum and a U-visa at the same time.

You can read this guide or this guide for more information.

T-Visas for survivors of trafficking

A T-Visa is an immigration status for victims of human trafficking. Human trafficking can include being forced to work or to provide sexual services.

While your T-Visa application is pending, you can apply for a work permit.

If you receive a T-Visa, you will generally be protected from deportation and you may be able to bring some family members to the United States. After you have had the T-Visa for three years, you can also apply to become a Lawful Permanent Resident (green card holder).

If your T-Visa application is denied, the government may start an immigration court case against you and send you a document called a “Notice to Appear.”

You can apply for both asylum and a T-visa at the same time.

Find more information about T-Visas here.

Violence Against Women Act (VAWA) for survivors of abuse

VAWA provides immigration status for an abused spouse, parent, or child of a U.S. citizen or Lawful Permanent Resident (green card holder). Abuse can include physical violence  or other extreme cruelty, including emotional and sexual abuse.

VAWA allows these survivors to petition for themselves without the help of a U.S. citizen or Lawful Permanent Resident. This is known as a “VAWA self-petition.” For more information about VAWA self-petitions, you can read this guide about gathering the documents for a petition or this guide for attorneys.

If your VAWA petition is denied, the government may start an immigration court case against you and send you a document called a “Notice to Appear.”

If you already have an immigration court case, VAWA allows certain people to ask an immigration judge to “cancel” their deportation so they can stay in the United States. For more information about canceling your deportation under VAWA, please read this guide.

You can apply for both asylum and relief under VAWA at the same time.

Cancellation of Removal for undocumented immigrants who have been in the U.S. for more than 10 years

Some people without immigration status who have lived in the United States for more than ten years can ask an immigration judge to cancel their deportation so they can stay in the United States, but only if they have a parent, spouse, or child who is a U.S. citizen or Lawful Permanent Resident (green card holder) and their deportation would cause this parent, spouse, or child “exceptional and extremely unusual hardship.” This is a very high standard, and it is difficult to meet.

For more information about ten-year cancellation of removal, please read this guide.

Immigration options based on a family relationship

Family-based immigrant visas are a way to bring a family member who is living outside the United States to live in the United States. 

  • U.S. citizens can petition for visas for their spouses, children, parents, or siblings who are abroad. 

  • Lawful Permanent Residents (green card holders) can petition for visas for their spouses or unmarried children who are abroad. 

  • If the petition is successful, the family member can enter the United States as a Lawful Permanent Resident. 

  • For more information about family based immigrant visas, visit this government website.

Family-based “adjustment of status” is a way to ask for Lawful Permanent Residence for some family members who are already in the United States. In most cases, the family member must have entered the U.S. with permission, such as a visa or parole, even if that permission is now expired.

  • U.S. citizens may be able to assist their spouses, children, parents, or some siblings in the United States to “adjust status” and become Lawful Permanent Residents. 

  • In some cases, a Lawful Permanent Resident can also help a family member to adjust status, but it is more difficult. 

  • Adjustment of status can be a complicated process if the family member entered the U.S. without permission or has a deportation order. They may need to return to their country of origin, request a “waiver” of certain penalties, and go through a separate process called “consular processing.” This process can take a long time, and it is not guaranteed that the family member will be allowed to return to the United States.  

  • If the adjustment of status application is denied, the government may start an immigration court case against the family member and send them a document called a Notice to Appear.

  • For more information about adjustment of status, read this guide.

If you are considering one of these possibilities, it can help to discuss your options with an immigration lawyer. Search for a lawyer near you.

Cuban Adjustment Act (CAA)

The Cuban Adjustment Act (CAA) is a type of immigration status for some people from Cuba. Under the CAA, certain immigrants from Cuba can apply to become Lawful Permanent Residents (green card holders) in the United States. This is also called “adjustment of status.”

If you are from Cuba, you may be eligible for the CAA if you:

  1. Received parole or entered the United States on a visa, and

  2. Have been living in the United States for at least one year.

Even if you are not from Cuba yourself, you could be eligible for the CAA if you are the spouse or child under age 21 of an eligible immigrant from Cuba.  Spouses and children also have to meet the two requirements listed above.

You can show you received parole if you have a document from the U.S. government that says “212(d)(5) parole.” You can see examples of different types of parole documents here, here, here, and here.

If you did not receive a parole document, but you did receive a Form I-220A, Order of Release on Recognizance, you may wish to speak with an attorney about your options. You can find legal help here.

For more information about the Cuban Adjustment Act, you can read this website from the United States government.

If your application is denied, the government may start an immigration court case against you and send you a document called a Notice to Appear.

Note: This information is for adults who are seeking asylum in the United States without a lawyer. We hope this information helps you navigate the immigration process. This information is not intended to be legal advice and ASAP is not your lawyer. To look for legal assistance, visit ASAP’s find help page.

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