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Immigration

Asylum & Humanitarian Relief

Careful, confidential help for people who fear return, survived a crime or trafficking, or lived through abuse.

If going back to your home country could put you in danger, or if you have survived a serious crime, trafficking, or abuse here in the United States, the law may offer you a way to stay. American Dream Advocacy Group, PLLC works with people in Irving and across the Dallas-Fort Worth area, and with clients nationwide on federal immigration matters, to find the humanitarian option that actually fits your situation. These cases are personal and often painful to talk about, and you work directly with Lincy Thomas from the first conversation through the final decision.

Humanitarian relief is not one form. It is a group of separate legal paths, each with its own rules, deadlines, and evidence. Some, like asylum, turn on the harm you fear at home. Others, like U and T visas, VAWA self-petitions, and Special Immigrant Juvenile Status, turn on something that happened to you here. Choosing the right path, and sometimes pursuing more than one, can make the difference between a case that succeeds and one that never gets a fair look. The firm's job is to hear your full story, match it to the right protection, and build the record that supports it.

Who these protections are for

Humanitarian immigration law covers several distinct groups. You do not need to fit all of them, and one strong path is usually better than several weak ones. In a consultation, the firm listens to what you have lived through and explains which options are realistic for you.

  • People who fear persecution at home because of race, religion, nationality, political opinion, or membership in a particular social group (asylum, withholding of removal).
  • People who fear torture if returned, even where asylum is not available (protection under the Convention Against Torture).
  • Victims of certain crimes in the U.S. who helped, or are willing to help, law enforcement (U visa).
  • Survivors of human trafficking, whether for labor or commercial sex (T visa).
  • People abused by a U.S. citizen or permanent resident spouse, parent, or (in some cases) adult child (VAWA self-petition).
  • Nationals of countries designated for Temporary Protected Status because of armed conflict or disaster (TPS).
  • Children who have been abused, neglected, or abandoned by a parent and cannot safely reunify with them (Special Immigrant Juvenile Status).

Asylum: affirmative, defensive, and the one-year deadline

Asylum is for people already in the United States who fear persecution at home. If you are not in removal proceedings, you generally apply affirmatively by filing Form I-589 with USCIS and attending an interview at an asylum office. If you are in immigration court, you apply defensively before an immigration judge as a defense against removal. The evidence you need is similar, but the setting and strategy are very different, and the firm prepares you for whichever applies to you.

There is an important timing rule. In most cases you must file for asylum within one year of your last arrival in the United States. There are exceptions, for example changed circumstances that affect your eligibility or extraordinary circumstances that explain the delay, but they are fact-specific and easy to get wrong. If you think you may be past the deadline, do not assume the door is closed. Bring the details to a consultation so the firm can look at whether an exception fits, or whether another form of relief is the better route.

The other humanitarian paths, and the forms behind them

When asylum is not the right fit, or not the only option, several other protections may apply. Each has its own petition and its own proof:

  • Withholding of removal and CAT protection. If you cannot win asylum (for example, because of the one-year deadline), you may still qualify for withholding of removal or protection under the Convention Against Torture, which can stop a deportation even when they do not lead to a green card.
  • Credible fear and reasonable fear. People stopped at the border or facing expedited removal may go through a credible fear interview, and some in reinstated removal go through a reasonable fear interview. These screenings decide whether your case moves forward, so preparation matters.
  • U visa. For victims of qualifying crimes who suffered substantial harm and helped law enforcement. It usually involves Form I-918 and a certification from a law enforcement agency.
  • T visa. For survivors of trafficking, filed on Form I-914, with protections for cooperating with investigators in many cases.
  • VAWA self-petition. Filed on Form I-360, this lets an abused spouse, child, or parent of a U.S. citizen or permanent resident seek status without the abuser's knowledge or involvement.
  • TPS. Temporary Protected Status, filed on Form I-821, gives eligible nationals of designated countries protection from removal and work authorization for a set period.
  • SIJS. Special Immigrant Juvenile Status, filed on Form I-360 after a state court order, protects certain young people who cannot safely return to a parent.

How the firm helps

These cases live or die on the record you build. A credible, well-documented story, filed under the right law and on time, gives you the best chance. Lincy Thomas, a member of the State Bar of Texas since 2008 with a Juris Doctor from SMU Dedman School of Law, practices before USCIS and the immigration courts (EOIR) and handles the case with you personally.

The firm helps you tell your story clearly and consistently, gathers the country conditions, medical, police, and witness evidence that supports it, prepares you for interviews or court testimony, and files the correct petition with the right agency. Where more than one path is possible, the firm lays out the trade-offs so you can decide with a full picture. Initial consultations are free, and for routine matters the firm uses flat, transparent fees so you know the cost before you commit.

How a protection claim is built

  1. Free, confidential consultation

    You tell your story and the firm listens without judgment. Together you identify which protections may apply and what evidence exists.

  2. Choose the path and a timeline

    The firm confirms the right form and forum, checks deadlines like the one-year asylum rule, and explains realistic next steps and costs before any work begins.

  3. Build the record

    You and the firm gather the declaration, country conditions, medical or police records, and witness statements that support the claim, and translate documents where needed.

  4. File and prepare you

    The petition is filed with USCIS or presented in immigration court, and the firm prepares you thoroughly for any interview, screening, or hearing so you know what to expect.

  5. Follow through to a decision

    The firm responds to requests for evidence, tracks the case, and stays with you through the interview or hearing and any follow-up, such as adjustment of status once you are eligible.

Common questions about asylum and humanitarian relief

I have been here longer than a year. Can I still apply for asylum?

Possibly. The one-year rule has exceptions for changed circumstances that affect your eligibility and for extraordinary circumstances that explain the delay. Even if the deadline has passed, you may still qualify for withholding of removal or protection under the Convention Against Torture. Bring your dates and details to a consultation so the firm can look at what fits.

If I report a crime or abuse, will I be deported or lose my case?

Several of these protections, including U visas, T visas, and VAWA self-petitions, exist specifically for people who came forward or who survived harm here. VAWA petitions can be filed without the abuser knowing. Every situation is different, so the firm reviews your specific facts before you take any step, and your consultation is confidential.

What is the difference between affirmative and defensive asylum?

Affirmative asylum means you are not in removal proceedings and you file Form I-589 with USCIS, then attend an interview at an asylum office. Defensive asylum means you are in immigration court and raise asylum as a defense before a judge. The proof overlaps, but the setting and preparation differ, and the firm handles both.

How long will my case take and what will it cost the government to file?

Timelines vary a great deal by the type of case, the office or court, and current backlogs, and government filing fees and processing times change over time, so the firm will not quote them as fixed. What the firm can give you is a clear picture of the steps and, for the firm's own work on routine matters, a flat and transparent fee agreed up front.

My child was abused or abandoned by a parent. Is there anything that can help?

Special Immigrant Juvenile Status may help certain young people who have been abused, neglected, or abandoned by a parent and cannot safely reunify with them. It requires a state court order first and then a petition to USCIS. Because it is time-sensitive and depends heavily on the facts, it is worth reviewing the details early in a consultation.

Tell your story to someone who will listen

If you fear returning home, survived a crime or trafficking, or lived through abuse, reach out to American Dream Advocacy Group at attorney@americadv.com for a free, confidential consultation. You will speak directly with your attorney about the options that fit your situation.