A Guide by San Antonio Humanitarian Immigration Legal Professionals

Last Updated: January 2026 Jurisdiction: San Antonio Field Office (USCIS) & San Antonio Immigration Court (EOIR)

Introduction

What is “Humanitarian” Adjustment of Status? While most immigration guides focus on marriage or employment green cards, Humanitarian Adjustment of Status (AOS) serves the most vulnerable populations: survivors of crime, trafficking, domestic violence, abandoned children, and those fleeing persecution.

This process allows individuals with humanitarian statuses (such as Asylees, Refugees, VAWA self-petitioners, U Visa holders, T Visa holders, and SIJS beneficiaries) to transition to Lawful Permanent Resident (Green Card) status from within the United States.

Who is this document for? This guide is specifically for applicants residing in San Antonio, Texas and surrounding counties (Bexar, Comal, Guadalupe, etc.). Humanitarian cases in San Antonio have unique procedural quirks—specifically regarding the interaction between the San Antonio Immigration Court (Dolorosa St.) and the USCIS Field Office (281 North).

Disclaimer: This document is for informational purposes only and does not constitute legal advice. Humanitarian cases are high-stakes; always consult a licensed attorney.

Part 1: The Major Humanitarian Pathways

1. Asylum & Refugee Adjustment

Q: I was granted Asylum. When can I apply for a Green Card? You are eligible to apply one year after the date you were granted asylum.

  • Note: You are required to apply. Although the law technically says you “may” apply, failing to do so can leave you in a precarious position if conditions in your home country change.

Q: I am a Refugee. Is the process different for me? Yes. If you entered the U.S. as a Refugee (processed abroad), you are required by law to apply for your Green Card one year after your entry.

  • San Antonio Specific: Many refugees in San Antonio are resettled through local agencies like Catholic Charities. Your “entry date” is on your I-94. Your Green Card, once approved, will be backdated to your date of entry (the “rollback” provision), meaning you can apply for Citizenship (Naturalization) sooner—usually just 4 years after entering.

2. VAWA (Violence Against Women Act)

Q: Who qualifies for VAWA AOS? Abused spouses, children, and parents of U.S. Citizens (or spouses/children of Permanent Residents) can “self-petition” using Form I-360. You do not need your abuser’s help or signature.

  • The “One-Step”: If your abuser is a U.S. Citizen, you can often file the I-360 (Petition) and I-485 (Green Card application) at the same time (concurrently).

  • Confidentiality: USCIS is prohibited from telling your abuser about the application (per 8 USC 1367). All correspondence is sent to your attorney or a safe address.

3. U Visa (Victims of Crime)

Q: I have a U Visa status. Can I adjust immediately? No. You must have 3 years of continuous physical presence in the U.S. in U-1 status before filing for a Green Card.

  • Critical Requirement: You must still be helpful to law enforcement. If you refused to testify in a case in Bexar County or elsewhere after getting your U Visa, your Green Card could be denied. You will typically need a new certification or an affidavit proving continued cooperation.

4. T Visa (Victims of Trafficking)

Q: How is T Visa adjustment different from U Visa? T Visa holders also generally wait 3 years, but you can adjust sooner if the investigation/prosecution is fully complete, which your attorney can certify with the Department of Justice or local DA.

  • Exemption: T Visa applicants have some of the most generous waiver availabilities for inadmissibility (criminal history or immigration violations) compared to any other category.

5. Special Immigrant Juvenile Status (SIJS)

Q: I have an approved I-360 for SIJS. Why can’t I file my I-485 yet? This is the “SIJS Backlog.” Even though the Texas State Court (e.g., Bexar County Juvenile or District Court) declared you abused/abandoned/neglected, and USCIS approved your I-360, you cannot file for a Green Card until your “Priority Date” is current in the Visa Bulletin (Category EB-4).

  • 2025/2026 Update: Due to litigation (specifically A.C.R. v. Noem), USCIS has reinstated Deferred Action for SIJS youth stuck in this backlog. This means you should receive a temporary work permit (c)(14) while you wait to file your I-485.

Part 2: San Antonio Procedures & Locations

6. Where do I go for appointments?

In San Antonio, humanitarian applicants deal with three distinct addresses. Do not mix these up.

  • The Adjudication (Interviews/Decisions):

    • USCIS San Antonio Field Office

    • Address: 20760 North U.S. Highway 281, Suite 100, San Antonio, TX 78258.

    • Context: This is far north, near Stone Oak. It is not downtown.

  • The Fingerprints (Biometrics):

    • Application Support Center (ASC)

    • Address: 2000 SE Loop 410, Suite 115, San Antonio, TX 78220.

    • Context: This is on the East side, off Rigsby Avenue. It is a completely different building from the Field Office.

  • The Court (Deportation Defense):

    • San Antonio Immigration Court (EOIR)

    • Address: 800 Dolorosa, Suite 300, San Antonio, TX 78207.

    • Context: Downtown, near the Bexar County Jail.

7. I have a pending case in Immigration Court (Dolorosa). Can I file AOS with USCIS?

This is a complex jurisdictional issue common in San Antonio.

  • If you are an “Arriving Alien” (you presented at a bridge/airport): USCIS generally has jurisdiction over your AOS, even if you are in court. You can file with USCIS, but you must inform the Judge.

  • If you entered without inspection (EWI) and are in court: The Immigration Judge (IJ) has jurisdiction. You file the AOS application in open court or at the court window.

  • The “Termination” Strategy: For humanitarian cases (especially SIJS or approved VAWA), your lawyer will likely file a Motion to Dismiss/Terminate proceedings. If the Judge agrees, your court case ends, and you file your AOS peacefully with USCIS on Hwy 281.

8. Are San Antonio USCIS officers trained in trauma?

Generally, yes. The San Antonio Field Office has officers specifically assigned to interview sensitive cases (VAWA/Asylum adjustment).

  • The “Stokes” Exception: While standard marriage cases might get aggressive fraud interviews (“Stokes interviews”), humanitarian interviews focus on eligibility and inadmissibility. They should not re-traumatize you by forcing you to recount every detail of your abuse unless it is necessary to determine credibility. If an officer crosses the line, your attorney can intervene.

Part 3: Inadmissibility & Waivers (The Hard Part)

9. I entered the U.S. illegally. Does this bar me from a Green Card?

  • For Asylees/Refugees: No. Illegal entry is generally waived for the grant of asylum itself.

  • For VAWA: No. You are treated as if you had “parole” status.

  • For U/T Visa: No. Your U/T status “cures” the illegal entry.

  • For SIJS: Yes and No. SIJS applicants are exempt from the “Entry Without Inspection” bar, BUT they are not exempt from the “Permanent Bar” (multiple illegal entries). This is a highly technical area where many SIJS cases in San Antonio fail.

10. I have a criminal record in Bexar County (e.g., DWI or Shoplifting). Can I adjust?

  • Asylees/Refugees: You can apply for a waiver (Form I-602) for most crimes, except drug trafficking. The standard is “humanitarian purposes, family unity, or public interest.”

  • U/T Visa: You likely already disclosed this to get the visa. You generally do not need a new waiver unless you committed a new crime since getting the visa.

  • DWI Warning: In San Antonio, DWI is taken very seriously. While a single DWI is often not a statutory bar, it is a “discretionary” factor. You must show rehabilitation. If you are on probation in Bexar County, USCIS cannot approve your Green Card until probation is complete. Do not file AOS if you are currently on probation.

11. What is the “Public Charge” rule for humanitarian cases?

Good News: The Public Charge rule (the test of whether you will depend on welfare) does NOT apply to:

  • Asylees & Refugees

  • VAWA Self-Petitioners

  • U and T Visa applicants/holders

  • SIJS applicants

  • Action: You can skip the stressful financial questions on Form I-485 and you do not need to file an I-864 Affidavit of Support. You generally only need to check the box stating you are exempt.

Part 4: Medical Exams (Form I-693)

12. Do I need a medical exam?

Yes, all AOS applicants need a medical exam from a “Civil Surgeon.”

  • Refugee Exception: If you are a refugee who had a medical exam overseas before entering, and you are applying for AOS, you may only need the vaccination supplement, not the full exam, provided your overseas exam didn’t find any “Class A” conditions.

13. What if I cannot afford the vaccines?

  • San Antonio Metro Health: You can get low-cost vaccines at San Antonio Metro Health clinics (e.g., the immunization clinic on N. Mel Waiters Way).

  • Civil Surgeon Prices: Prices in San Antonio vary wildly, from $200 to $600+. Call around. (Zip codes 78229 near the Medical Center often have competitive pricing due to volume).

14. I have scars from my abuse. Will the doctor ask about them?

The Civil Surgeon is required to note “Class A” (communicable disease, dangerous mental disorder) and “Class B” conditions. They may note scars.

  • Advice: If you are a VAWA/U/T applicant, briefly explain the source of injury if asked, but you do not need to provide a full forensic account to the Civil Surgeon. Their job is public health, not investigation.

Part 5: Work Permits & Travel (EAD/AP)

15. Can I work while my Green Card is pending?

Yes. You file Form I-765 (Category (c)(9)).

  • Fee Note: As of the recent fee changes, you often have to pay for the work permit separately or apply for a fee waiver (see Section 6).

  • SIJS Special: If you are in the backlog (waiting for a visa number), you apply for a (c)(14) work permit based on Deferred Action, not a (c)(9).

16. Can I travel outside the U.S. while pending?

DANGER.

  • Asylees/Refugees: You should generally not travel to your home country (the place you fled). Doing so can lead to USCIS revoking your asylum status because you “availed yourself of the protection” of that country. If you must travel elsewhere, you need a Refugee Travel Document (I-131), not a standard passport.

  • U/T/VAWA/SIJS: You must obtain Advance Parole before leaving. However, if you have any prior “unlawful presence” (which most humanitarian applicants do), leaving the U.S.—even with Advance Parole—can sometimes trigger a 3-year or 10-year bar upon return, or expose you to scrutiny.

  • The “Arrabally/Yerrabelly” Case: There is case law (Arrabally) that says travel on Advance Parole shouldn’t trigger the bar, but local San Antonio attorneys are extremely conservative here. We rarely recommend travel for humanitarian applicants until the Green Card is physically in hand.

Part 6: Fees and Fee Waivers (I-912)

17. The fees are expensive ($1,440+). Can I get a waiver?

Yes. Humanitarian applicants are the primary users of Form I-912 (Request for Fee Waiver).

  • Eligibility: You qualify if:

    1. You receive a “means-tested benefit” (Medicaid, SNAP/Food Stamps, TANF, SSI). Note: The applicant must be the one receiving the benefit.

    2. Your household income is at or below 150% of the Federal Poverty Guidelines.

    3. You have a financial hardship (e.g., medical bills, eviction).

18. How do I prove the waiver in San Antonio?

San Antonio USCIS officers are strict about documentation.

  • Benefit Letter: It must be from the Texas Health and Human Services Commission (HHSC), dated within the last 30-60 days, and clearly show the applicant’s name as a beneficiary.

  • Tax Returns: If using the income method, you must provide your most recent IRS 1040 transcript.

19. Did the 2025 Fee Rule change this?

While general fees increased and some categories lost waiver eligibility, VAWA, T, U, SIJS, and Asylee adjustments generally retain strong fee waiver protections or statutory exemptions.

  • Caution: Always check the latest edition of Form G-1055 (Fee Schedule). If you file the wrong fee (or $0 without a valid waiver), the Lockbox will reject your entire package.

Part 7: The “After” – Approval and Citizenship

20. I got my Green Card! When can I apply for Citizenship?

  • Refugees: 5 years after your “Date of Entry” (which is usually the date on the card due to Rollback).

  • Asylees: 5 years after the date on your Green Card (which is backdated 1 year from approval).

  • VAWA Spouses of Citizens: 3 years after the Green Card approval (if you can prove you were battered/abused, you do not need to still be married to the citizen).

  • Everyone Else (SIJS/U/T): 5 years after the “Resident Since” date on the card.

21. Can I lose my Humanitarian Green Card?

Yes.

  • Fraud: If USCIS discovers your underlying asylum or marriage claim was fabricated.

  • Crimes: If you commit an Aggravated Felony.

  • Travel: If you return to the country you claimed fear of (for Asylees/Refugees) shortly after getting the Green Card, DHS can argue you never actually feared persecution.

Part 8: Advanced San Antonio Scenarios

22. What is “Parole in Place” (PIP) for Military Families?

If you are the spouse, parent, or child of an Active Duty member (JBSA Lackland/Randolph/Sam Houston) or Veteran, and you entered illegally, you can apply for PIP.

  • This grants you a fake “entry” (Parole) which allows you to adjust status in San Antonio without leaving the U.S.

  • This is technically a humanitarian discretion and is processed by the local Field Office on Hwy 281.

23. My child turned 21 while we were waiting. Did they “age out”?

  • VAWA/Asylee/Refugee: The Child Status Protection Act (CSPA) usually freezes their age at the time of filing the initial petition.

  • SIJS: The law allows SIJS to be granted up to age 21, but in Texas, the state court order (predicate order) usually must be obtained before age 18. Once the I-360 is filed, the age is frozen.

24. How do I contact the San Antonio Field Office if my case is stuck?

San Antonio is a busy office.

  1. USCIS Contact Center: 1-800-375-5283 (Ask for “Infopass” if it’s an emergency).

  2. Congressional Inquiry: Contact the office of your local Representative (e.g., Rep. Joaquin Castro or Rep. Chip Roy, depending on your district). They have liaisons who can query the San Antonio Field Office directly.

  3. Ombudsman: If the case is outside posted processing times by several months, you can file DHS Form 7001.

Document Checklist for San Antonio Humanitarian AOS

When meeting with your lawyer, bring:

  1. Approval Notice: (I-797) for your Asylum, U Visa, T Visa, VAWA, or SIJS.

  2. State Court Order: (For SIJS) Certified copy from Bexar/County Court.

  3. Police/Court Records: Certified dispositions for any arrest in any country (even if charges were dropped).

  4. Proof of Presence: Leases, pay stubs, or school records (crucial for U Visa 3-year requirement).

  5. Medical: Sealed I-693 envelope (do not open!).

  6. I-94: Copy of most recent I-94 (if applicable).

  7. Taxes: Last 3 years of IRS transcripts (even if fee exempt, shows “Good Moral Character”).