United States Asylum Green Card

The United States remains one of the top destinations for the asylees in spite of frequent immigration law changes. This due to a number of facts including some unique benefits. The asylee Status seekers can transfer their status to Asylum Green Card in just year. Applicants must have been physically present in the US for at least one year after the asylum approval. Then, they are on generally eligible for permanent resident status (green card) and on the path to citizenship. Under current law, there is no yearly cap on the number of asylees permitted to adjust status to permanent resident status.

Who Is It For

The Asylee Status is for a person who is seeking protection because he or she suffered persecution or fear that he or she will suffer persecution due to nationality, race, religion, membership in a specific social group or political opinion. For humanitarian reasons, the USCIS will investigate the whole case and may allow the applicant to apply for US Green Card. USCIS has specific guideline on who can apply for a Green Card.

How to Qualify?

Eligibility for Permanent Resident Status        

Asylees would apply for a green card when they are inside the United States. That process is called adjustment of status. In reality, an asylee may adjust status to a permanent resident if the asylee fulfills the following four obligations:

    • Asylee has been physically residing in the United States for at least 1 year after being approved asylum.
    • The asylee continues to meet the classification of a refugee, or the derivative asylee continues to be the spouse or child of the main asylee applicant.
    • Asylee has not absolutely resettled in any foreign country.
    • Asylee is acceptable to the United States as an immigrant at the time of examination for adjustment of status, subject to various exceptions and waivers.
    • Your approval of asylum has not been terminated

Process

How to apply for an Asylum Green Card in 7 Steps

To adjust status from an asylee to a legalised permanent resident and obtain an Asylum Green Card, the applicant must follow the seven steps below:

    • Fill out the official permanent residence application Form I-485
    • Collect the relevant supporting documents
    • Clear the required filing fees
    • Provide your forms and supporting documents to USCIS
    • Give your biometrics
    • Face an interview
    • Get your Asylum Green Card

Documents Needed

Eligible asylees may adjust status from asylum to green card by filing Form I-485, Application to Adjust Status, and other required supporting documents. A typical adjustment of status package may include:

  • Application to Adjust Status, Form I-485,
  • Proof of asylum status
  • Evidence of physical presence in the United States, for at least one year
  • Valid copy of your government-issued identity document with photograph
  • Photograph according to the USCIS requirements
  • Valid copy of your birth certificate
  • A copy of your passport page with admission or parole stamp (provided by a U.S. immigration officer) (if available)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Mostly, you may also provide an application for employment (Form I-765) and an application for a travel document (Form I-131) at the same time as Form I-485.

This list above is for basic information purposes only. Your situation may be different.

Government Fees

Fees to apply for asylum green card varies.

Additional Information

Family Member Eligibility

Some family members may also transition from asylum to green card. Normally, the spouse or child of the principal asylee who obtain a grant of derivative asylum status may usually apply for permanent residence once they are eligible.          

Obviously, to apply as a derivative applicant, you must continue to be physically residing in the United States as an asylee. Furthermore, the principal asylee must continue to meet the definition of a refugee.

For more information, see the following:

INA 208 – Asylum

INA 209(b) – Adjustment of Status of Refugees

8 CFR 209.2 – Adjustment of status of alien granted asylum

USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures

USCIS Policy Manual, Volume 7, Part L, Asylee Adjustment

To be eligible for a Green Card, you must be admissible to the United States. The main reasons why you may be inadmissible are noted in the INA 212(a) and are called grounds of inadmissibility.

Source: U.S. Department of State