At this very moment, millions of immigrants inside the United States hold lawful status from humanitarian pathways. When reading or watching the news, it is important to be well-informed about these lawful pathways and how to distinguish them from one another.
In this article, we will define and describe the basics of
refugee status,
asylee status,
Temporary Protected Status (TPS), and
humanitarian parole.
Refugee
8 U.S.C. §§ 1101(a)(42), 1157
A refugee is any person, outside of their country of nationality or last habitual residence, who is unable to return to their country of nationality because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Where are refugees processed?
While waiting outside of the U.S., applicants undergo interviews and biometrics screenings to receive approval to resettle to the U.S. as a refugee.
How long are refugees allowed to stay?
Once resettled to the U.S., allowed to stay permanently.
Do refugees have work authorization?
Immediately eligible for work authorization upon arrival into the U.S.
Did you know:
It is common for refugees to remain in exile in refugee camps for 5-20 years, even after initial screenings approving them as eligible for resettlement.
Asylee
8 U.S.C. § 1158
An asylee is any person, outside of their country of nationality or last habitual residence, who is unable to return to their country of nationality because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Where are asylees processed?
Asylees were processed inside the U.S. or at a U.S. port of entry. The process typically involves an asylum interview and/or hearing.
How long are asylees allowed to stay?
Those eligible for asylum are permitted to remain in the U.S. until they are denied or granted asylum. Once granted asylum, they are permitted to stay permanently. Those who are denied are removed.
Do asylees have work authorization?
Once granted asylum, immediately eligible for work authorization. Those seeking asylum who have not yet had their application processed or hearing may apply for a work permit 150 days after the government receives their initial asylum application.
Did you know:
Asylum seekers are often held in immigration detention while they wait for their hearing or interview, which can take several months or years.
Temporary Protected Status (TPS)
8 U.S.C. § 1254a
A national of a country designated for TPS is lawfully permitted to remain in the U.S. because they are unable to return home safely due to conditions or circumstances preventing their country from adequately handling their return (i.e., natural disaster, armed conflict)
Where are TPS applicants processed?
Were processed and gained TPS while inside the U.S.
How long are TPS holders allowed to stay?
TPS is temporary. The designation can be made for 6, 12, or 18 months at a time. Can be extended by the Secretary of Homeland Security
Do TPS holders have work authorization?
Authorized to apply for work authorization and work during the duration of the TPS period.
Did you know:
Some examples of people who have benefitted from TPS are Ukrainians who fled from the 2022 Russian invasion, Afghans who fled Taliban persecution, and Haitians unable to return due to rampant violence and disastrous economic conditions.
Humanitarian Parole
8 U.S.C. § 1182(d)(5)(A)
An individual granted humanitarian parole (HP) is lawfully allowed to enter and live in the U.S. for a temporary set time limit due to urgent humanitarian reasons or significant public benefit.
Where are HP applicants processed?
Were processed outside of the U.S. and paroled into the U.S.
How long are humanitarian parolees allowed to stay?
Temporary protection that lasts a year (generally), sometimes 2-3 years.
Do humanitarian parolees have work authorization?
Once inside the U.S., humanitarian parolees may apply for work authorization upon arrival, typically taking over a month to arrive if accepted.
Did you know:
The process is costly and risky. The application fee itself is $630 (as of 2/18/2025). Determinations as to who is granted HP are made on a case-by-case basis with no guarantees.
U.S. immigration law is extensive and complex, so use this page as a starting point to learn more about humanitarian pathways.
At Patchwork Indy, most of our staff has basic training in immigration law, but Patchwork Indy is not a DOJ accredited institution to practice immigration law. We do not provide personal legal advice.
Please consult a lawyer when seeking legal advice or actions.
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