Bench & Bar March/April 2026

( e.g. , priority workers, professionals with advanced degrees, skilled workers) and country of origin can significantly affect the timing and availability of visas. HUMANITARIAN PROGRAMS Humanitarian immigration programs provide critical avenues of protection for individuals who cannot safely remain in, or return to, their home countries. Attor neys should be aware of these programs because clients may seek relief under them in contexts ranging from criminal defense to family law disputes. Though not comprehensive, some common forms of humanitarian relief include: REFUGEES AND ASYLEES Refugees and asylees are individuals who cannot return to their home countries due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, political opinion, or member ship in a particular social group. 12 Notably, generalized poverty and violence are not grounds for either status. Refugees and asylees apply for status on the same legal ground, but with an important procedural distinction between the two: • Refugees apply for protection from outside the United States, often through the United Nations High Commissioner for Refugees (UN HCR) or U.S. embassies abroad. • Asylees apply from within the United States or at a port of entry. The procedural distinction matters because refugees are typically resettled with govern ment support prior to arrival, while asylees must navigate domestic immigration courts or USCIS interviews. Both refugees and asylees may apply for lawful permanent residence after one year in the United States, assuming eligibility criteria are met. 13 Attorneys practicing criminal law should especially note that even minor criminal offenses can affect eligibility for asylum or subsequent adjustment of status. TEMPORARY PROTECTED STATUS (TPS) TPS is a temporary legal status granted to individuals from countries experiencing

armed conflict, environmental disaster, or other extraordinary conditions that prevent safe return. 14 TPS recipients may work legally in the United States and receive protection from removal, but TPS does not automatically confer permanent residence. It is subject to periodic redesignation by the Department of Homeland Security, and beneficiaries must re-register to maintain status. Attorneys may encounter TPS issues with clients facing criminal convictions or family law disputes involving custody. DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) DACA provides temporary relief from deportation and work authorization for individuals brought to the United States as children who meet specific age and resi dency criteria. 15 While DACA recipients do not gain lawful status or a path to citizen ship, their temporary authorization affects employment eligibility, driver’s licenses, and certain educational benefits. Legal practi tioners should recognize that DACA status can be terminated by policy changes or lit igation and may impact an individual’s risk exposure in criminal or civil matters. U AND T VISAS The U visa is designed for victims of cer tain crimes who assist law enforcement or prosecutors in investigating or prosecut ing the offense. 16 Similarly, the T visa offers protection to victims of human trafficking who cooperate with authorities. Both visa types provide temporary lawful presence with eligibility to apply for permanent resi dence after meeting statutory requirements. Attorneys representing immigrant crime victims, or defendants in cases where vic tims are noncitizens, may need to consider these protections in legal strategy. VAWA SELF-PETITIONS The Violence Against Women Act (VAWA) allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for status without the abuser’s knowledge or cooperation. 17 VAWA provides a critical legal safety net for victims of domestic violence and intersects with family law proceedings, child welfare cases, and criminal law matters. Attorneys should be aware that VAWA petitions can

remain subject to removal under certain cir cumstances, such as criminal convictions, extended absences, or fraud in the immi gration process. LPRs also cannot vote in federal elections and are generally barred from serving in federal government posi tions that require citizenship. PATHWAYS TO GREEN CARDS The most common ways in which individ uals become lawful permanent residents are through family-based and employ ment-based immigration. FAMILY BASED IMMIGRATION Family based immigration remains the most common path to permanent residence. The petitioner must be either a U.S. citizen or a lawful permanent resident. U.S. citizens may petition for spouses, parents, children, and siblings, with different categories and priority dates determining processing times. Lawful permanent residents may petition only for spouses and unmarried children. Given annual numerical limits and per country caps, waiting times for some cat egories may exceed 20 years. Financial sponsorship and admissibility requirements (including bars related to unlawful presence and criminal history) are additional consid erations in family based cases. A common misconception is that marriage to a U.S. citizen automatically guarantees permanent residence or citizenship. While marriage to a citizen does create eligibil ity for a family based immigrant petition, it remains subject to rigorous evidentiary requirements and processing. Financial sponsorship through an affidavit of support, verification of bona fides of the marriage, and clearance of any bars to admissibility are necessary components of the process. 11 EMPLOYMENT BASED IMMIGRATION Employment based immigration allows foreign nationals to obtain permanent residence based on employment skills and job offers. Employers must often secure a labor certification from the Department of Labor demonstrating that no qualified U.S. workers are available for the posi tion – a process that can take months or longer. The applicable employment category

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