In the United States, an asylee is eligible and can apply for a green card (a lawful permanent residence status) one year after they have been granted asylum status. This post will explore the eligibility criteria for obtaining an asylum-based green card.

Who Qualifies for an Asylum Green Card:

• You have resided in the United States for at least one year following the granting of asylum status.
• You maintain your status as a refugee as per U.S. law, or you are the spouse or child of a refugee.
• You have not resettled in another country outside the United States.
• Your refugee status remains valid, and it has not been revoked.
• You meet the requirements for lawful permanent residency in the United States.

If you entered the United States with a “Refugee” status, it’s obligatory by law to seek permanent residence one year after your admission. Conversely, if you’re an asylee, you’re not obliged to seek permanent resident status a year after obtaining asylum. However, there’s a possibility of not securing permanent residency in the United States, which we’ll delve into in this article.

What Is An Asylum Green Card?

An asylum seeker is someone who has fled their home country due to fear of severe harm or persecution and cannot or will not return. Consequently, individuals seek asylum in the United States, aiming to start anew. If you’re an asylum seeker seeking permanent residency in the U.S., obtaining a green card is essential.

A green card serves as official proof of your lawful permanent resident (LPR) status in the United States, indicating authorization to reside and work there permanently. However, you must wait one year from the date of asylum status approval before applying for permanent residency. Further information about the Green Card for asylum seekers can be found on the U.S. Citizenship and Immigration Services (USCIS) website.

How Does the Asylum Green Card Process Work? 

The process to apply for a lawful permanent resident, a green card is as follows:

• Step 1: Complete and file Form I-485, Application to Register Permanent Residence or Adjust Status.
• Step 2: Gather all required supporting documents and evidence as indicated in the application.
• Step 3: Make the necessary payment for the filing fee, if applicable.
• Step 4: Optionally, include Form I-693, Report of Medical Examination and Vaccination Record, along with Form I-485.
• Step 6: Participate in your biometrics services appointment, which may differ for asylees and refugees.
• Step 7: Attend your Green Card interview, the procedure for which may vary for asylees and refugees.

How to Apply for an Asylum-Based Green Card? 

Let’s explore the process of obtaining an asylum-based green card, which includes completing Form I-485, compiling the necessary evidence and documentation, and covering the application fee.

Filling Out Form I-485 

The primary document you’ll need to complete is the Application to Register Permanent Residence or Adjust Status, which encompasses all the details required for your green card application. If you lack access to a printer, computer, or internet, contact the USCIS National Customer Service Center at 1-800-375-5283 to request a mailed application.

Make sure to type or legibly write your answers in black ink and meticulously fill out each section. Review your responses carefully to ensure accuracy, and refer to the detailed Instructions for Application to Register Permanent Residence or Adjust Status for further guidance.

Gathering Supporting Evidence and Documents

Together with your Form I-485, you must provide supplementary documents and evidence. Failure to submit any documentation specified in the application could result in denial or processing delays. Unless instructed otherwise, refrain from sending original documents and retain them for your records.

Additional documentation includes: 

• Photographs
• Official Identification Document with Photo Issued by the Government
• Birth Certificate (May Not Be Necessary for Refugees or Asylees Without One)
• Proof of Immigrant Category
• Marriage Certificate and Other Relationship Verification
• Proof of Continuous Maintenance of Legal Status Since Arrival in the United States
• Medical Examination Report and Immunization Record (Form I-693)
• Official Records of Criminal Charges, Arrests, or Convictions

Furthermore, as an individual granted asylum, you must demonstrate eligibility for the relevant immigrant category by providing proof of your asylum status (such as the approval notice from USCIS or the immigration court).

Additional documentation may also be necessary, so carefully review the application to determine any additional requirements. If you have inquiries or require further assistance, consider consulting with your attorney to assist you in assembling this documentation.

Pay The Filing Fee 

Refugees adjusting status under INA section 209(a) are exempt from paying the Form I-485 filing fee or biometric services fee.

How Long Does It Take To Get A Green Card? 

Once you submit the green card application forms to USCIS, you will receive a receipt notice acknowledging receipt of your application. If required, you will be notified to attend a biometric services appointment, typically lasting 20 minutes, where fingerprints, a photo, and an electronic signature are collected. This step is often completed during the asylum application process, and you may not need to attend another biometric appointment. However, pay attention to USCIS instructions provided in the receipt.

As an asylee, you may be exempt from attending a green card interview since you have already undergone an asylum interview. However, USCIS may request your presence if they have specific questions regarding your application. You will be notified if attendance is necessary.

Upon completion of the entire process, USCIS will inform you of the final decision. The green card application for asylees can be time-consuming, and processing times vary based on several factors. Visit the USCIS Processing Time Information page for updates on the estimated processing time for your application.

Why Should You Apply For A Green Card?

While there is no legal obligation for asylees to apply for a green card, it’s important to remain vigilant as conditions in your home country may improve over time. If this occurs, you may no longer meet the criteria for asylum status and could lose your legal right to stay in the U.S., potentially leading to deportation proceedings. Applying for a green card is therefore advisable to mitigate the risk of deportation in such circumstances.

There are many benefits of applying for a green card and becoming a lawful permanent resident (LPR). 

Benefits of a green card include: 

• You gain the ability to reside and work in the United States permanently.
• You become eligible for U.S. citizenship, which can occur after five years, or sooner if you marry a U.S. citizen.
• You are not required to relinquish your citizenship in your home country.
• You are afforded protection under U.S. federal, state, and local laws.
• You have the opportunity to sponsor other family members for a green card, including spouses and children under the age of 21.
• You have the freedom to travel and reside anywhere within the United States.
• You can travel internationally and re-enter the U.S. as long as it is within 12 months.
• You qualify for federal assistance and educational benefits.
• You are permitted to participate in and support political campaigns.

It’s essential to carry your green card at all times as it grants access to various benefits in the U.S. As a permanent resident and green card holder, ensure that you obtain your social security number and acquire a driver’s license; these are both permanent forms of identification necessary for employment and residency in the United States.

Who Is Eligible For An Asylum Green Card Conclusion:

After being granted asylum status, wait for one year before applying for lawful permanent residency, known as a green card. The application process can be daunting, so consider hiring a reputable attorney to assist you. They can ensure that all your documentation is in order and provide valuable guidance.

Upon submission of your application, USCIS will issue a receipt notice detailing the next steps. Due to varying circumstances and factors, USCIS may not provide an exact timeframe for the final decision. However, you can refer to the USCIS processing information webpage for updates. Seize the opportunity to apply for a green card; you will appreciate the benefits it offers. For further inquiries, feel free to contact Shoreline Immigration.

Asylum Green Card FAQS

Is An Asylee Required By Law To Apply For A Green Card? 

As per legal requirements, asylees are not obligated to apply for a green card within one year of their presence in the U.S. Nonetheless, it’s worth considering that if conditions improve in your home country, you may lose your asylee status and risk deportation. Conversely, refugees are mandated by law to apply for a green card after one year of residing in the U.S.

Can I Get A Green Card While Applying For Asylum? 

No, you must obtain Asylee status before seeking a green card. After being granted “asylum status” and residing in the United States for one year, you are eligible to apply for a green card.

Can I Get A Green Card Through Asylum?

Indeed, you are eligible to obtain a green card via asylum. To be eligible, you must have been physically present in the U.S., meet the criteria for “Asylee,” and maintain the status. If you meet these criteria, you will need to complete Form I-485, Application to Register Permanent Residence or Adjust Status, and submit additional documentation as specified on the form.

What Are The Benefits Of Going From Asylum To Green Card?

Obtaining a green card provides several benefits, including the ability to permanently reside and work in the United States, eligibility for U.S. citizenship, unrestricted travel and residency throughout the country, access to federal benefits and financial aid, the capacity to sponsor family members, engagement in political activities, and various other advantages.