If you’ve lived in the U.S. for one year post-asylum approval, you’re eligible to apply for Asylum Green Card and transition to “lawful permanent resident” (LPR) status. Likewise, if your spouse and children derived asylum status from your application, they’re also eligible for green cards at this point, or even before you, without a waiting period.

In cases of divorce, a derivative spouse may still seek LPR status post-divorce, provided they file a separate asylum application (USCIS Form I-589) with retroactive approval, known as “nunc pro tunc,” facilitated by legal counsel. Only after securing approval for the nunc pro tunc application can a divorced spouse of an asylee proceed with an adjustment of status application.

This discussion will outline the optimal timing and process for asylees to submit their USCIS applications for permanent residency and underscore the importance of prompt application submission.

When Will I Officially Reach One Year as an Asylee?

The one-year period starts when you receive your final asylum approval, which might be indicated by a notification from the Asylum Office or the date on the asylum grant order signed by the immigration judge who presided over your hearing.

Are there compelling reasons for asylees to invest effort in applying for a U.S. Asylum Green Card?

While it’s not mandatory for asylees to pursue LPR status to uphold their residence and employment in the U.S., it’s beneficial to do so upon eligibility. This enables access to benefits unavailable to asylees. Additionally, obtaining LPR status is a prerequisite for eventual naturalization as a U.S. citizen.

Furthermore, your asylee status (and your right to remain in the United States) is not entirely secure. It could be revoked by the U.S. government if:

• Conditions change in your home country, allowing for a safe return (such as a change in political leadership, enactment of repressive laws, or the resolution of a civil conflict).
• You no longer qualify as an asylee (for instance, if your religious or political beliefs have changed, eliminating the risk of persecution upon returning to your claimed country of fear).

To be eligible for a green card application, you must still meet the qualifications as an asylee

When applying for your green card, you must maintain your status as an asylee (or be the spouse or child of such an individual). USCIS may inquire about your continued asylee status under certain circumstances. Essentially, you must still fear persecution in your home country based on protected grounds.

To be eligible for a green card application, you must maintain your admissibility to the United States

After you’ve been granted asylum and lived in the U.S. for a year, you need to keep being eligible to stay here. That means you shouldn’t have certain contagious diseases, criminal records, drug issues, previous immigration problems, or ties to terrorism.

But don’t worry too much, because sometimes you can get pardoned for these things. If you need one, you can apply for forgiveness using Form I-602 from USCIS along with your application to adjust your status.

***I–602, Application by Refugee for Waiver of Inadmissibility Grounds

Note: Also, if you’ve broken some immigration rules in the past, like entering the country illegally or using fake papers, it’s okay. The law forgives these kinds of things for asylum seekers.

To qualify for a green card, ensure you haven’t given up your asylee status or resettled elsewhere.

To maintain your asylum status in the U.S., avoid extended trips abroad. Visiting your home country before becoming a Lawful Permanent Resident (LPR) may jeopardize your asylum status. Spending significant time in another country might be seen as permanent settlement, affecting your eligibility for a U.S. green card.

If you need to travel before obtaining a green card, apply for Form-131, the Travel Document, beforehand. Asking for help from an immigration lawyer can assist in addressing any concerns about meeting these requirements.

What documentation does an asylee need to submit when applying for a U.S. green card?

To apply for a U.S. green card, send Form I-485, the Application to Register Permanent Residence or to Adjust Status, to USCIS with the necessary fees. You can download this form for free from the USCIS website. Double-check the information you provide on Form I-589 (your asylum application) to avoid any inconsistencies that could lead to accusations of dishonesty and potential revocation of your immigration status by USCIS.

You also need to include the following documents with your I-485:

• Form I-693, the Report of Medical Exam and Vaccination Record (to show that you’re not medically inadmissible and that you’ve received all the necessary vaccines; there are some waivers available for health grounds)
• Evidence of your asylee status: a copy of your Form I-94 Arrival-Departure Record, your USCIS asylum approval notice, or a copy of the Immigration Judge’s orders granting you asylum
• Proof that you’ve been living in the U.S. for the past year (for example, copies of pay stubs from a U.S. employer, your lease agreement, utility bills, or receipts for government benefits)
• Two passport-style photographs.

You’ll also need to pay an application fee, which you can find on USCIS’s Fee Schedule.

Make sure that any documents in a foreign language are fully translated into English, as explained in the guidelines for Translating Non-English Documents for Immigration Applications.

Also, unlike many other green card applicants, asylees and refugees don’t have to worry about the public charge ground of inadmissibility (see Section 209(c) of the Immigration and Nationality Act or INA), so you don’t need a financial sponsor in the U.S. You won’t have to submit Form I-864 or Form I-944 | Declaration of Self-Sufficiency.

How to Apply for Green Cards for Family Members as an Asylee

Your spouse and children need to have been in the United States for at least one year after they were granted derivative asylum before they can apply for green cards. For example, if you were granted asylum in January 2022, and your family arrived here as derivative asylees in January 2023, they will be eligible for their green cards in January 2024.

You must fill out a separate Form I-485 (along with the filing fee and required documents as mentioned earlier) for each family member. You can submit complete applications for multiple applicants together in the same mailing package. Additionally, you need to include:

• a copy of your marriage certificate (for your spouse) or birth certificate (for your child), and
• evidence that you filed your adjustment application or already have your green card.

Alternatively, your derivative family members can apply for green cards on their own, even if the primary asylee waits to do so. The important thing is to include a copy of the asylum approval notice with the application.

After Filing Your Green Card Application: What to Expect from USCIS

After submitting your application, you’ll receive a notice for a biometrics appointment at an Application Support Center. USCIS will conduct a background check using the information collected. Attending this appointment and any required interviews is crucial to avoid application denial.

While most asylee applications don’t need an in-person interview, you might be called for one later, especially if applying with dependents. Prepare for the interview by bringing original documents and translations, and consider an interpreter if needed.

During the interview, expect questions about your original asylum claim. Review your application beforehand to refresh your memory.

Following the interview, you’ll receive a written decision on your application.