TPS, DACA, and VAWA Lawyer in New York City
Representing NYC clients in Temporary Protected Status, DACA renewals, and VAWA self-petitions — in English, Farsi, and Punjabi.
Overview
What This Practice Covers — and Who Needs It
Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and the Violence Against Women Act (VAWA) are three distinct forms of immigration relief that serve three different populations — nationals of designated countries facing conditions that make return unsafe, individuals brought to the United States as children, and survivors of domestic abuse. Each has its own statutory framework, eligibility requirements, and procedural rules. What they share is the reality that the prospective clients who need them are often in time-sensitive or high-stakes situations where legal help is essential.
Yazdi Law represents clients across all three categories — filing TPS applications and re-registrations for nationals of designated countries, preparing DACA renewal applications under the current court-order framework, and preparing VAWA self-petitions and related adjustment of status applications for survivors of abuse. Representation is available in English, Farsi, and Punjabi. All consultations are confidential — particularly important for VAWA cases where abuser cooperation is not required and must not be sought. Call (917) 565-7286 to schedule a free consultation.
Legal Foundation
The Legal Framework
Each of these three forms of relief is grounded in a different statutory basis. Understanding which applies to a given client’s situation is the first step — and many clients qualify for more than one form of relief, making strategic choice of filing pathway important.
Temporary Protected Status (TPS) under INA § 244
TPS, codified at Immigration and Nationality Act § 244 (8 U.S.C. § 1254a), is a temporary form of protection available to nationals of countries specifically designated by the Secretary of Homeland Security due to armed conflict, environmental disaster, or other extraordinary conditions. TPS provides protection from removal, eligibility for employment authorization, and travel authorization with advance permission. TPS is not a path to lawful permanent residence, but it preserves the holder’s ability to remain in the United States and work legally during the designation period. Applications are filed on Form I-821, typically concurrently with Form I-765 for employment authorization. The initial filing fee increased from $80 to $500 effective fiscal year 2025 under the One Big Beautiful Bill Act. Country designations change — terminations and extensions occur regularly, and clients whose country’s designation is terminated face significant consequences that deserve careful legal analysis.
DACA under 8 C.F.R. § 236.22 and § 236.23
DACA is a discretionary administrative program providing deferred action (temporary protection from removal) and employment authorization for qualifying individuals brought to the United States as children. Eligibility generally requires entry before age 16, continuous residence since June 15, 2007, presence in the United States on June 15, 2012, age under 31 on that date, current education or military service (or completion of certain equivalents), and no disqualifying criminal history. Applications use Forms I-821D and I-765 with a combined fee of $555 for online filing or $605 for paper filing. Under the current litigation posture, USCIS is processing renewal applications but is not approving initial (first-time) applications — a framework established by the Fifth Circuit Court of Appeals and currently pending further federal court review. DACA status is renewable every two years.
VAWA self-petitions under INA § 204(a)(1)(A)(iii) and (B)(ii)
The Violence Against Women Act allows survivors of abuse by a U.S. citizen or lawful permanent resident family member to self-petition for immigration benefits without the abuser’s knowledge, cooperation, or consent. Eligible self-petitioners include abused spouses and children of U.S. citizens or LPRs, and abused parents of U.S. citizen adult children. Despite the Act’s name, VAWA is available regardless of gender. Applications are filed on Form I-360 and, where eligible, Form I-485 for adjustment of status concurrently or subsequently. All VAWA I-360 cases are now centralized at the USCIS Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center in Nebraska. Processing currently averages approximately 46.5 months for 80% of cases — a substantial wait that can be mitigated by the ‘prima facie’ determination USCIS issues earlier in the process, which provides certain immediate benefits.
Overlap between relief categories
A single client may qualify for multiple forms of relief. A DACA recipient may also qualify for VAWA if they have experienced abuse by a U.S. citizen or LPR spouse, parent, or adult child. A TPS beneficiary may also be eligible for family-based adjustment of status, asylum, or other immigration benefits. Strategic analysis of all available pathways — rather than defaulting to the most visible one — often produces better outcomes. We evaluate every applicable form of relief at the initial consultation.
How It Works
The Process, Step by Step
Each relief category has its own procedural framework. The process descriptions below cover the essentials for each.
TPS applications and re-registrations
TPS eligibility analysis begins with verification of the applicant’s nationality, arrival date, continuous physical presence and continuous residence in the United States, and absence of disqualifying criminal history. For initial applications, we file Form I-821 during the registration period for the applicant’s country, concurrently with Form I-765 for employment authorization and evidence of identity, nationality, and presence. For re-registrations (which occur periodically when USCIS extends a country’s designation), we file updated Form I-821 and Form I-765 during the re-registration window, which is typically 60 days. Processing times vary; employment authorization documents typically issue within several months of complete filing. When a country’s designation is terminated, TPS beneficiaries need prompt legal analysis to identify alternative relief options.
DACA renewals
Current DACA recipients can file renewal applications 120 to 150 days before their current DACA and employment authorization expire. Forms I-821D and I-765 are filed together with the $555 (online) or $605 (paper) fee. USCIS does not currently offer fee waivers for DACA renewals. Supporting documents include identity documents, current and prior employment authorization documents, and continuous residence documentation since the last approval. Processing times have ranged from 3 to 7 months in 2025-2026. Filing well in advance of expiration is essential — gaps in DACA status affect employment authorization, driver’s licenses in many states, and other DACA-tied benefits. Travel outside the United States using advance parole requires separate application on Form I-131 and careful legal evaluation given recent guidance changes.
VAWA self-petitions
VAWA cases begin with careful confidential evaluation of the abuse, the qualifying relationship (abused spouse, child, or parent of a U.S. citizen or LPR), good moral character, and eligibility for adjustment of status. We gather documentation of the abuse — police reports, protection orders, medical and mental health records, photographs, witness statements — and documentation of the qualifying relationship (marriage certificate, birth certificate, evidence the abuser holds U.S. citizenship or LPR status). Form I-360 is prepared with a detailed sworn declaration and supporting evidence. Applications are filed at the HART Service Center. USCIS issues a prima facie determination typically 3 to 9 months after filing, which provides the applicant with access to certain public benefits and protection from removal during the pendency of the case. Final adjudication typically follows 3 to 4 years after filing. Where eligible, adjustment of status on Form I-485 is pursued after I-360 approval (or concurrently for immediate relatives), producing lawful permanent residence.
Confidentiality in VAWA cases
VAWA cases have specific confidentiality protections under 8 U.S.C. § 1367 — DHS is prohibited from disclosing information about a VAWA self-petitioner to the abuser or using information provided by the abuser adversely against the self-petitioner. The abuser is not notified of the filing and has no right to information about the proceedings. Our communications with VAWA clients are confidential; we do not contact the abuser in any way; and we structure representation to protect the client’s safety throughout the case.
What to Watch For
Common Pitfalls and How We Avoid Them
Each of these relief categories has its own common failure modes. The following are issues we see regularly across TPS, DACA, and VAWA cases.
Missing TPS re-registration windows
TPS re-registration windows are typically short — often 60 days — and missing the window generally terminates TPS status. Some beneficiaries who miss the window may still be eligible for late re-registration with good cause, but this is not guaranteed. We calendar re-registration windows for every TPS client and file during the window to maintain unbroken status.
Not evaluating alternative relief when TPS designations terminate
When DHS terminates a country’s TPS designation, the protection ends for all nationals of that country after any transition period. TPS beneficiaries affected by termination often have other available relief — family-based petitions, asylum, VAWA, U visas, or others — that were never fully evaluated because TPS was sufficient. We analyze alternative relief options immediately when termination is announced, and often begin new filings before TPS formally ends.
Filing DACA renewals too late
DACA renewals filed near or after expiration can produce gaps in employment authorization and removal protection. USCIS recommends filing 150 to 180 days before current expiration; we aim for the earlier end of that window for every renewal client. For DACA recipients whose status has already lapsed, urgent analysis of the gap and its consequences is needed.
Rushing VAWA cases without adequate abuse documentation
VAWA cases live and die on documentation of the abuse. Police reports, protection orders, medical records, psychological evaluations, photographs, witness statements, and detailed sworn declarations all contribute to a compelling case. Thin documentation produces RFEs, denials, or extended adjudication. We invest time at the beginning of every VAWA engagement to build the evidentiary record carefully.
Contacting the abuser during the VAWA case
VAWA is a self-petition — the abuser has no role in the process and must not be contacted about the filing. Some clients, particularly those early in the decision-making process, contemplate informing the abuser or seeking their cooperation. This can endanger the client physically and jeopardize the confidentiality of the case. We counsel clients on these safety and legal considerations from the first consultation.
Free Consultation
Need help with TPS, DACA, or VAWA? All consultations are free and strictly confidential.
Contact Us NowPricing
Costs and What's Included
Our attorney fees for TPS, DACA, and VAWA cases are discussed at the initial consultation and set out in a written retainer agreement before any work begins. Specific fees depend on case complexity. A DACA renewal for a client with a straightforward case is priced differently from a VAWA case requiring extensive abuse documentation or from a TPS application for a client with prior immigration complications.
USCIS filing fees are separate from attorney fees and change periodically. Current fees as of this writing: TPS initial filing Form I-821 — $500 (increased from $80 under the One Big Beautiful Bill Act); DACA renewal (Forms I-821D and I-765) — $555 online or $605 paper (no fee waivers available); VAWA Form I-360 — no USCIS filing fee (fee waivers built into the statute); Form I-485 adjustment of status — varies by age and circumstances. Fee waivers are available for qualifying TPS applicants on Form I-912.
Representation typically includes thorough case analysis and evaluation of all available relief pathways, preparation of all applicable forms, evidence compilation and organization, sworn declaration preparation (particularly important for VAWA cases), response to any Requests for Evidence, representation at any scheduled interviews, and coordination of subsequent adjustment of status or employment authorization filings where applicable. Initial consultations are free and strictly confidential.
FAQ
Frequently Asked Questions
Can I apply for DACA for the first time in 2026?
My spouse abused me. Do I need their cooperation to file a VAWA self-petition?
My country's TPS designation was terminated. What happens now?
How long will my VAWA case take?
Schedule a Consultation
If you need help with a Temporary Protected Status application, a DACA renewal, or a VAWA self-petition — or if you are unsure which form of relief fits your situation — call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free and strictly confidential. VAWA consultations are protected by attorney-client privilege under New York Rules of Professional Conduct Rule 1.6 and are not shared with the abuser or any third party. Representation is available in English, Farsi, and Punjabi.
Request a Consultation
Share your details and we'll respond within one business day.
Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Immigration statutes, USCIS procedures, filing fees, and TPS and DACA program status change frequently and reflect information as of the date of publication. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.