Which Immigration Relief Should You File? An 8-Type Comparison
If you are trying to figure out how to stay in the United States legally, eight paths could fit depending on your situation. This page walks through each one in plain language, then gets into a deeper attorney-facing section below. Start at the top.
Quick answer: The right path depends on what is happening in your life. If you are afraid to return to your home country, look at asylum. If a U.S. citizen or green-card holder in your family has been hurting you, look at VAWA. If you were the victim of a serious crime in the U.S. and helped police, look at the U-visa. If you were trafficked, look at the T-visa. If you have lived in the U.S. for many years and have a U.S. citizen spouse or parent who would suffer without you, look at the I-601A waiver or cancellation of removal. Many people qualify for more than one path, an immigration attorney can help you pick the strongest one.
For applicants and families
Start here: which path fits you?
Read each question below in order. The first one that fits your situation is usually a good place to start. Many people fit more than one, that is fine. An immigration attorney can help you sort through it.
Six quick questions
- Are you afraid to go back to your home country because of who you are, what you believe, or what someone there might do to you? → You may qualify for asylum. Asylum has a one-year filing deadline from when you arrived, with some exceptions.
- Has a U.S. citizen or green-card-holder spouse, parent, or child hurt you physically, emotionally, sexually, or financially? → You may qualify for a VAWA self-petition. VAWA is private, your abuser is never told about your case.
- Were you the victim of a serious crime in the U.S. (domestic violence, sexual assault, robbery, kidnapping, and others) and did you help the police? → You may qualify for a U-visa.
- Were you forced to work or sold for sex through threats, lies, or physical force, even if you never reported it to the police? → You may qualify for a T-visa.
- Do you have a U.S. citizen spouse or parent who would suffer extreme hardship if you were deported, AND have you lived in the U.S. without status? → You may qualify for an I-601A hardship waiver or cancellation of removal.
- Are you already a green-card holder applying for citizenship but cannot pass the English or civics test because of a medical or cognitive condition? → You may qualify for an N-648 disability waiver.
None of these is the whole answer on its own. You still need an immigration attorney to confirm eligibility and file the case. But once you have worked through the six questions, you will at least know which guides to read and what kind of psychological evaluation fits.
The eight relief types side by side
The table below shows who each path is for, what is required, and what the evaluation costs. Each name links to a deeper service page.
| Relief | Qualifying basis | Key requirement | Filing deadline | Path to green card? | Eval fee |
|---|---|---|---|---|---|
| Asylum | Past persecution or well-founded fear | Protected ground (race, religion, nationality, political opinion, particular social group) | 1 year of arrival (with exceptions) | Yes, after 1 year | $2,000 |
| VAWA self-petition | Battery or extreme cruelty by U.S. citizen or LPR spouse, parent, or child | Qualifying relationship + abuse | 2 years post-divorce for some categories | Yes, immediately | $2,000 |
| U-visa | Victim of qualifying crime who cooperated with law enforcement | I-918 Supplement B certification | None statutory | Yes, after 3 years of U status | $1,800 |
| T-visa | Severe form of human trafficking | Comply with reasonable LE requests (with broad exceptions) | None statutory | Yes, after 3 years of T status | $2,000 |
| I-601 / I-601A waiver | Inadmissibility (unlawful presence, fraud, certain crimes) | Extreme hardship to U.S. citizen or LPR spouse or parent | Tied to underlying immigrant visa filing | Yes (waives the bar) | $2,500 |
| Cancellation of removal | 10 years of continuous physical presence (non-LPR) | Exceptional and extremely unusual hardship to U.S. citizen or LPR qualifying relative | Filed in removal proceedings | Yes (LPR status if granted) | $2,500 |
| N-648 disability waiver | Cognitive disability preventing English/civics learning | MD, DO, or licensed clinical psychologist signature | Filed with N-400 naturalization | Already an LPR, pathway to citizenship | $1,500 |
| Competency evaluation | Mental health condition affecting ability to assist counsel | Inability to perceive or respond to proceedings (Matter of M-A-M-) | Filed when issue arises in proceedings | Procedural, not relief itself | $1,500 |
Common pairs of paths and how to choose between them
Some situations look like they could fit two paths at once. The most common pairings are below. Read whichever matches your situation.
Asylum vs. withholding of removal vs. CAT protection (all three protect from going home)
All three protect you from being sent back to a country where you would be hurt. The difference is how much fear you have to prove. Asylum needs a "real and reasonable fear" under 8 U.S.C. 1101(a)(42)(A) as interpreted by INS v. Cardoza-Fonseca, even a one-in-ten chance of persecution counts. Withholding of removal raises that to "more likely than not", better than a fifty percent chance. Convention Against Torture (CAT) requires a strong likelihood of torture with the government's knowledge or consent. Asylum gives you the most benefits, a work permit, a green card after one year, and the right to bring your spouse and children. Withholding and CAT only stop your removal, they do not lead to a green card. One asylum psychological evaluation covers all three at once.
VAWA vs. U-visa (when someone has been hurting you)
If your abuser is your U.S. citizen or green-card-holder spouse, parent, or child, VAWA is usually the better path. VAWA is faster, more private (your abuser is never told), and leads straight to a green card. If your abuser is not in your immediate family but the abuse counts as a crime, sexual assault, robbery, kidnapping, or felony assault, and you helped the police, you may qualify for a U-visa instead. Some people qualify for both; in that case VAWA is usually filed first because it moves faster.
I-601 vs. I-601A hardship waiver (when you have a U.S. citizen spouse or parent)
Both waivers ask the same question: would your U.S. citizen or green-card-holder spouse or parent suffer extreme hardship if you were forced to leave? The difference is when and where you file. The I-601A is filed inside the United States before you leave for your visa interview abroad. It only forgives "unlawful presence", being in the U.S. without permission. The I-601 is broader; it can forgive certain criminal records or fraud as well, and it is filed either inside the U.S. (with adjustment of status) or after the consular interview abroad. Most people who only have unlawful presence go with the I-601A because it lets you stay with your family while you wait. One thing to watch out for: only a U.S. citizen or green-card-holder spouse or parent counts as the "qualifying relative." Your children do not qualify, even if they are U.S. citizens.
Cancellation of removal: 42A vs. 42B (you only file these in immigration court)
Cancellation is only available if you are already in removal proceedings, meaning you have been placed in immigration court. Form EOIR-42A is for green-card holders. You need to have held the green card for at least five years, lived continuously in the U.S. for seven years after being lawfully admitted, and you cannot have an aggravated felony. Form EOIR-42B is for everyone else (people without green cards). It requires ten years of continuous physical presence, good moral character, no disqualifying convictions, and "exceptional and extremely unusual hardship" to your U.S. citizen or green-card-holder spouse, parent, or child under 8 U.S.C. 1229b. Neither form gets filed with USCIS, only with the immigration judge.
U-visa vs. T-visa (both are for crime victims)
The U-visa covers victims of 28 different crimes, domestic violence, sexual assault, kidnapping, felonious assault, witness tampering, and more. It requires the police, prosecutor, or other certifying agency to sign a form saying you helped the investigation. The T-visa is specifically for survivors of human trafficking, when someone forced you into work or sex through threats, lies, debt, or violence. T-visa rules are more flexible. You can apply even if you never reported to the police, especially if reporting would have been dangerous, or if you were too young or too traumatized at the time. If you survived a kidnapping or assault that was part of trafficking, you may qualify for both. Most people in that spot file the T-visa first because it does not require police certification.
N-648 vs. competency evaluation (when a medical condition affects citizenship or court)
These two paths sound alike but apply to very different situations. The N-648 disability waiver is for people who already have a green card and are applying for U.S. citizenship but cannot pass the English or civics test because of a medical or mental health condition (memory loss, intellectual disability, severe depression, dementia, autism, or others). A doctor or licensed psychologist signs a form and your test is waived. The competency evaluation is different. It is for people who are in immigration court facing deportation and have a mental health condition that makes it hard to understand the court or help their lawyer. The judge then has to provide special protections so the case is fair. The two forms apply to different statuses and serve different purposes, even though both involve a clinical signature.
Three real-life examples
These are made-up names, but the situations come up all the time. Each one shows how the same person could fit more than one path, and which path is usually strongest.
Maria, 32, from El Salvador, fled a gang and married an abusive U.S. citizen
Maria fled El Salvador after a gang threatened to recruit her teenage son. She came to the U.S. and married a U.S. citizen. Her husband now hits her and controls her money. She is afraid to call the police because she does not have papers, and she is afraid to leave the marriage because she has nowhere to go.
Maria could file three different cases. Asylum, because the gang in El Salvador still wants to hurt her son. VAWA, because her U.S. citizen husband is abusing her. Or a U-visa, if she reports the domestic violence and the police sign the certification.
Strongest path: VAWA plus asylum, filed together. VAWA gives Maria a fast work permit and a path to a green card without her husband ever finding out. Asylum is her backup if anything goes wrong with VAWA, and it addresses the gang threat back home.
Juan, 39, from Mexico, twelve years here without papers, U.S. citizen wife with PTSD
Juan crossed the border without permission in 2014. He has worked construction and supported his family ever since. He married Lucía, a U.S. citizen, eight years ago. Lucía has serious PTSD from childhood abuse, and she depends on Juan for emotional and financial support. They have two U.S. citizen children together.
Juan has two main options. The I-601A waiver lets him fix his unlawful presence problem before he leaves for his visa interview in Mexico. Cancellation of removal only works once he is already in immigration court.
Strongest path: I-601A waiver. Juan never has to enter immigration court, and a psychological evaluation of Lucía's PTSD shows the extreme hardship she would face if Juan were deported. Cancellation has a higher legal bar and only kicks in once ICE has already started removal proceedings against you, a much riskier place to be.
Daniela, 17, from Honduras, trafficked for labor, escaped after 18 months
Daniela was promised a job as a nanny in the U.S. when she was 15. When she arrived, the family took her passport, locked her inside the house, and made her work 16 hours a day with no pay. She finally got out, and a community group took her in. She never reported anything to the police because the family had threatened her.
Daniela could file a T-visa as a trafficking survivor. She could also apply for SIJS (Special Immigrant Juvenile Status), if her parents back home abandoned her. Asylum is possible too, if returning to Honduras would put her in danger.
Strongest path: T-visa, with SIJS filed at the same time if her family situation supports it. T-visa rules let her apply even though she never went to the police, because the trauma and threats made reporting impossible. The psychological evaluation documents the threats, the control, and what those 18 months did to her.
Why a psychological evaluation matters for almost every path
If you have been through abuse, persecution, trafficking, or a serious crime, the immigration officer or judge needs to understand what happened to you. A psychological evaluation is how that story gets translated into language they recognize. A licensed psychologist sits with you for ninety minutes to two hours, listens to what you went through, asks structured questions, and writes a report that explains your trauma in clinical terms. The report covers the symptoms you live with, the diagnosis that fits, and the reasons your account holds together as something a real survivor would describe.
It matters because it changes outcomes. A 2021 study of 2,584 asylum cases by Physicians for Human Rights found that cases with a psychological evaluation were granted 81.6 percent of the time, compared with 42.4 percent for cases without one. That study tracked asylum, but the same logic, professional documentation of trauma in writing, strengthens hardship waivers, VAWA, U-visa, T-visa, and cancellation cases too. Your licensed psychologist speaks for you on paper in a way that is hard to do alone, especially when you are scared, exhausted, or still in the middle of what happened.
Frequently asked questions
Can I apply for multiple types of immigration relief at the same time?
Yes, and many people should. Filing more than one form of relief is called concurrent filing, and it is a common strategy when a person genuinely qualifies for two or more paths. A domestic violence survivor whose abuser is a U.S. citizen often files VAWA (Form I-360) and a U-visa (Form I-918) together, because VAWA processes faster but the U-visa has broader inadmissibility waivers. An asylum seeker whose application is also strong on torture grounds files Form I-589 once, and the same form covers asylum, withholding of removal, and Convention Against Torture (CAT) protection in a single filing. A parent in removal proceedings may file cancellation of removal as the primary defense and asylum as a backup.
The strategy is not to file every possible path. It is to file every path you actually qualify for so you have layered protection if a denial happens on one. Talk to your immigration attorney first. Filing a weak claim alongside a strong one can hurt the strong one's credibility, and some paths have one-time-use rules (asylum's one-year deadline, for example) that affect timing.
What is the cheapest type of immigration evaluation?
The cheapest evaluations on this practice are the N-648 disability waiver and the competency evaluation, both at $1,500. They are shorter assessments tied to a narrower legal question. The N-648 documents a medical or cognitive condition that prevents a green-card holder from passing the citizenship English or civics test. The competency evaluation addresses whether a respondent in removal proceedings can understand the court process and assist counsel under Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011).
U-visa evaluations are next at $1,800. Asylum, VAWA, and T-visa evaluations are $2,000 each. Hardship waivers (I-601, I-601A) and cancellation of removal evaluations are $2,500 each because they require a dual-scenario hardship analysis (separation versus relocation) that takes more clinical time. Pricing is flat per case type. Rush options are +50 percent (3-day) or +100 percent (24-hour). Spanish interpretation is included in every fee at no extra cost. See the full price table on our pricing page.
Practitioner reference
Quick case-law and statutory pointers used in the analysis above. Each links to the relevant guide on this site or to the controlling decision.
- Asylum / withholding / CAT thresholds: INA 101(a)(42)(A) (well-founded fear, ~10% probability per INS v. Cardoza-Fonseca, 480 U.S. 421); INA 241(b)(3) ("more likely than not" for withholding); 8 CFR 1208.16-18 for CAT.
- VAWA confidentiality: 8 U.S.C. § 1367 prohibits disclosure to the abuser. INA 204(a)(1)(A)(iii)/(B)(ii) and INA 204(a)(1)(A)(vii) (battered parents). See our VAWA evidence guide.
- I-601 / I-601A: Cervantes-Gonzalez five factors (22 I&N Dec. 560, BIA 1999); 8 CFR 212.7(e) for I-601A provisional waiver; qualifying relatives limited to U.S. citizen or LPR spouse or parent, children excluded. RFE response window is 30 days for I-601A, 87 days for I-601.
- Cancellation 42A vs 42B: INA 240A(a) (LPR, 5/7/no agg. felony) vs. INA 240A(b)(1) (non-LPR, 10 years, GMC, no disqualifying offenses, exceptional and extremely unusual hardship per Matter of Monreal-Aguinaga, 23 I&N Dec. 56, BIA 2001). Stop-time rule under INA 240A(d)(1) reshaped by Pereira v. Sessions, 138 S. Ct. 2105 (2018) and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021).
- U-visa / T-visa: 8 CFR 214.14 (U-visa); 22 U.S.C. § 7102 (severe forms of trafficking definition); 8 CFR 214.11(h) (T-visa cooperation exceptions). U-visa cap 10,000 principals/year; ~416,000-petition backlog as of 2026; BFD process averaging ~35 months.
- N-648: 8 CFR 312.2(b)(2), only MD, DO, or licensed clinical psychologist may sign. PA-2025-10 (USCIS Policy Alert) updated nexus standard. See our N-648 guide.
- Competency: Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011) procedural standard; Franco-Gonzalez v. Holder (E.D. Cal. 2014) for detained class members in CA, AZ, WA. Filing strategy and instruments (MoCA, MacArthur Competence Assessment Tool) covered on our competency evaluation service page.
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