The S visa allows individuals with critical and reliable information regarding criminal organization or enterprise, who cooperate with law enforcement authorities, to temporarily enter the U.S. Federal authorities must determine that the presence of the individual is essential to the success of an authorized criminal investigation or prosecution.

The S visa allows the applicant to remain in the U.S. for 3 years, with no possibility of an extension. To adjust status to permanent residency, S visa holders must satisfy certain criteria beyond that required for other categories of foreign nationals.

The T visa allows victims of “severe trafficking” who agree to assist law enforcement authorities in the investigation or prosecution of such trafficking, and who would face “a significant possibility of retribution or other hardship” if removed, to lawfully remain in the U.S.

A T visa allows trafficking victims to remain in the U.S. while assisting in the investigation and prosecution of trafficking violations. To qualify for a T visa, an applicant must provide evidence that they were tricked or coerced into living or working in terribly inhumane conditions.

Those acquiring T nonimmigrant status will be able to remain in the U.S. for a period of 3 years. T nonimmigrant status is not renewable. After 3 years, however, such persons will be eligible for adjustment to permanent residence. Persons granted T status are also eligible for employment authorization.

A U visa allows victims of criminal activity, including domestic violence, to remain in the U.S. if the applicant has information on the crime and is helpful to authorities in investigating or prosecuting the crime.

Those acquiring U visas will be able to remain in the U.S. for a period of 3 years and may apply for permanent residency at the end of the 3-year period, if they meet certain requirements.

The Violence Against Women Act (VAWA) allows spouses, children, and parents of U.S. citizens or spouses and children of permanent residents to file for permanent residency without consent from or knowledge of the abuser.

Approved VAWA self-petitioners are eligible for employment authorization. Once a visa becomes available, self-petitioners and their children under age 21 may adjust status to permanent resident.

Asylum is a form of protection granted by either the U.S. Citizenship and Immigration Service (USCIS) or the Immigration Courts for foreign nationals who fear persecution in their home country on the basis of race, religion, nationality, political opinion, or membership in a particular social group. To be eligible for asylum, the persecution feared must be from the government, or persons or organizations that the government is unable or unwilling to control.

Individuals are required to apply for asylum within one year of arriving to the U.S. Exceptions to the one-year rule include changed conditions in the individual’s home country or other extraordinary circumstances which prevented the individual from applying for asylum within the appropriate time frame.

After a grant of asylum, the individual may apply for permanent residency after one year. The spouse and children under age 21 can derive asylum status from the principal applicant if they are included on the application.

A grant of Withholding of Removal will allow foreign nationals to remain in the U.S. if they are able to demonstrate that they fear severe harm in their home country, but are not eligible for asylum.

To be eligible for Withholding of Removal, individuals must demonstrate that they fear persecution from the government or from organizations that the government is unable or unwilling to control. The individual must be targeted on the basis of his or her race, religion, nationality, political opinion, or membership in a particular social group. To qualify for Withholding of Removal, an individual must prove that their life or freedom will be threatened if they return to their home country.

Unlike asylum, individuals can apply for Withholding of Removal even years after they enter the U.S. Applicants with certain criminal convictions may be eligible for withholding of removal even if they are barred from applying for asylum.

The spouse or minor children under 21 cannot derive immigration status from the principal withholding of removal applicant.

The United Nations Convention Against Torture allows individuals who fear being tortured in their home country to remain in the U.S.  Torture includes forms of extreme physical or mental pain and suffering.  While the torture must be inflicted intentionally by the government or an organization or group associated with the government, there is no requirement that the torture be for a specific reason or characteristic.  Applicants must provide evidence showing that it is more likely than not that they will face torture upon return to their home country.

Applicants are permitted to apply for relief under the Convention Against Torture at any time regardless of their criminal history.  Relief under the Convention Against Torture is limited in that it only guarantees that the Department of Homeland Security will not remove the individual to their home country while he or she remains in danger of being tortured.

The spouse and minor children of an applicant cannot derive immigration status through the Convention Against Torture.