If you’re fleeing violence, persecution, or unsafe conditions, applying for asylum may be the first thing that comes to mind. However, asylum isn’t the only path to protection in the United States. Many people don’t qualify for asylum or run into obstacles that make it hard to move forward with that process. The good news is that there are other forms of humanitarian relief available.
In this post, we’ll walk through several of these options, including Temporary Protected Status (TPS), withholding of removal, and protections under the Convention Against Torture (CAT). Each comes with its own requirements, and choosing the right one can make all the difference in your future.
When Asylum Isn’t Available
Asylum is often time-sensitive. If you miss the one-year filing deadline, or if you’ve been denied asylum in the past, you may not be able to apply again. Some people are barred from asylum because of a prior deportation order or a criminal conviction. Others may simply not meet the strict definition of a refugee under U.S. law.
Still, that doesn’t mean you have to return to a dangerous situation. The law provides other ways to seek protection, and with the right guidance, we can help you understand which one fits your circumstances. Every person’s case is different, and it’s our job to help you figure out the strongest strategy for staying safe.
Temporary Protected Status (TPS)
Temporary Protected Status is available to people from certain countries that the U.S. government has determined are currently unsafe, often due to war, environmental disaster, or political unrest.
If you qualify for TPS, you can:
- Stay in the U.S. without fear of being removed
- Apply for work authorization
- Request travel authorization (in some cases)
However, TPS is not a permanent immigration status. It doesn’t lead directly to a green card or citizenship. It also depends on your country remaining on the TPS list, which is reviewed and renewed periodically. Even so, TPS can offer security and stability while you plan your next steps.
Withholding of Removal
Withholding of removal is another form of protection available to people who fear returning to their home country. It’s different from asylum in a few important ways.
To qualify, you must show that your life or freedom would be threatened based on your race, religion, nationality, political opinion, or membership in a particular social group. The standard of proof is higher than in an asylum case. But if granted, it stops the government from sending you back.
Here’s what to keep in mind:
- It does not provide a path to permanent residence
- You may still be removed to another country, if available
- You can stay in the U.S. and apply for work authorization
This form of relief can be a lifeline when asylum is no longer available.
Convention Against Torture (CAT) Protections
The Convention Against Torture protects people who can show they are likely to be tortured if returned to their home country. Unlike asylum or withholding, CAT doesn’t require you to show persecution based on specific characteristics. Instead, it focuses on the likelihood of torture, and whether it would be carried out by the government or with its approval.
Like withholding of removal, CAT protection:
- Doesn’t offer permanent legal status
- Does stop you from being deported to a dangerous place
- Allows you to remain in the U.S. with some legal protections
CAT is often used in very serious cases, including those involving prior criminal records or past deportations.
How We Help You Choose the Right Path
There’s no one-size-fits-all approach when it comes to humanitarian relief. At Rahimi Law Firm, P.C., we take time to listen to your story and review every detail. That means looking at:
- Your current immigration status (if any)
- Country conditions where you’re from
- The risks you face if returned
- Any previous removal orders or criminal history
We help you figure out what relief you may qualify for and explain the pros and cons of each path. If things change, such as your country being added to the TPS list, we can update your case strategy. We’ll prepare your application, represent you in immigration court if needed, and stay by your side throughout the process.
Protection May Still Be Possible
If you’re worried about returning to your home country, there may be ways to stay safe, whether or not you qualify for asylum. We can help you understand your options and guide you toward the most secure path forward. Contact Rahimi Law Firm, P.C. today to schedule a consultation. We’re here to listen, advise, and take action on your behalf.