Change of Status and Asylum
Application to Extend/Change Nonimmigrant Status
The Application to Extend/Change Nonimmigrant Status is used by individuals in the United States on a nonimmigrant visa to request an extension of their stay or a change to a different nonimmigrant status. For example, if someone is in the U.S. on a student visa and wishes to change to a work visa or extend their stay as a student, they would file this application to request the change or extension. Supporting documentation is required, depending on the type of visa and the specific circumstances.
Filing the form does not guarantee approval of the extension or change of status. The decision is made by the U.S. Citizenship and Immigration Services (USCIS) based on the individual's eligibility and compliance with the visa regulations.
Application for Asylum and for Withholding of Removal
The Application for Asylum and for Withholding of Removal is used by individuals who are physically present in the United States and seeking protection from persecution or torture in their home country. Asylum is a protection granted to those who meet the definition of a refugee under U.S. law while withholding of removal is a protection granted to individuals who face a greater than 50% chance of being persecuted or tortured if they are returned to their home country.
To apply for asylum, an individual must submit the application within one year of their most recent entry into the United States unless they can demonstrate that there are changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances that prevented them from filing within one year. The application requires detailed information about the applicant's identity, family, and reasons for seeking asylum or withholding of removal.
Temporary Protected Status
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries who are already in the United States due to conditions in their home country, such as war, natural disasters, or other extraordinary and temporary circumstances. TPS provides protection from deportation and allows beneficiaries to obtain work authorization in the United States for a set period of time. TPS status is granted by the Secretary of Homeland Security on a country-by-country basis and can be renewed as necessary. To be eligible for TPS, individuals must meet certain requirements, such as being physically present in the United States at the time of the designation and meeting certain criminal and other background checks.