Examples of situations that may qualify as persecution include: imprisoned and tortured political dissidents or supposed undesirables; fired on protesters; committed genocide against a certain race; or made sure that members of a certain religion were left out of the political process. If you were granted derivative asylum status based on your spouse or parent’s principal asylum grant, you may apply for a Green Card. CitizenPath is not a law firm and is not a substitute for an attorney or law firm. Please also see our page on Tips for Filing Forms with USCIS. In order to be eligible for a Green Card as an asylee, you must meet the following requirements: Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. If You Travel or Move While Awaiting Your Adjustment of Status Interview, Translating Non-English Documents for Immigration Applications, What to Expect at a Biometrics Appointment, country conditions change in your home country, so that you can safely return there (a change of ruling political party, for example), or. You should absolutely avoid visiting your home country before you are granted LPR status. If you are applying to adjust status as a derivative applicant, you should submit the following documentation and evidence: Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, Injunction of the Inadmissibility on Public Charge Grounds Final Rule, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-485, Application to Register Permanent Residence or Adjust Status, USCIS Policy Manual, Volume 7, Part M, Asylee Adjustment, Form I-602, Application by Refugee for Waiver of Grounds of Excludability, USCIS Policy Manual Volume 7, Part M, Chapter 3, Form I-693, Report of Medical Examination and Vaccination Record, USCIS Policy Manual Volume 7, Part M, Chapter 2, Section C, Form I-589, Application for Asylum and for Withholding of Removal, Form I‑730, Refugee/Asylee Relative Petition, USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures, USCIS Policy Manual, Volume 7, Part L, Asylee Adjustment.
That is, you must fear persecution from your home country on account of a protected ground. Asylee is admissible to the United States as an immigrant at the time of examination for adjustment of status, subject to various exceptions and waivers. A derivative spouse might even be able to apply after a divorce—with the help of an attorney, to file a separate application for asylum (USCIS Form I-589) and have it approved retroactively,or in legal jargon, “nunc pro tunc.” Only after that nunc pro tunc application is approved can the divorced spouse of an asylee submit an adjustment of status application. Although most LPR adjustment applications do not require an interview, you might, some months later, be called in for an interview at your local USCIS office if there are questions regarding your application or your eligibility. Applicants must haven been physically present in America for at least one year after the asylum grant. If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, and are applying for derivative refugee or asylum status for your spouse, you must submit: Form I-730, Refugee/Asylee Relative Petition Proof of your status as a refugee or asylee Recent, clear photograph of your spouse Specifically, the the spouse or child of the principal asylee who receive a grant of derivative asylum status may generally apply for permanent residence once they meet the requirements. The important thing will be to include a copy of the asylum approval notice with the application. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
This page provides specific information for asylees in the United States who want to become LPRs (get a Green Card).
This list above is for information purposes only. Immigrants Seeking Visas, Asylum, and Green Cards. Inadmissibility: When the U.S. Can Keep You Out. I have been granted asylum in the United States. Also, bring a language interpreter if you are not fluent in English. For a detailed discussion, see Asylum or Refugee Status: Who Is Eligible?. However, it still makes good sense to apply for permanent residence as soon as you become eligible. For more on inadmissibility and how to apply for a waiver, see Inadmissibility: When the U.S. Can Keep You Out.
CitizenPath is a private company that provides self-directed immigration services at your direction. Derivative asylees who are physical present in the United States when the application is approved may use the date of approval.
Under current law, there is no annual cap on the number of asylees allowed to adjust status to permanent resident status. Also note that, unlike many other green-card applicants, asylees and refugees are not subject to the public charge ground of inadmissibility (see Section 209(c) of the Immigration and Nationality Act or I.N.A.)
Principal asylee continues to meet the definition of a refugee, or the derivative asylee continues to be the spouse or child of the principal asylee. For example, you must first obtain LPR status if you intend to become a naturalized U.S. citizen in the future. Note that USCIS forgives certain violations of immigration laws for people granted asylum (violations which make other types of applicants inadmissible), such as entering the U.S. illegally or with false documents. Asylees apply for a green card while inside the United States.
An applicant who wants to move from asylum to green card must be admissible at the time USCIS grants the green card.
If the derivative was outside the United States on the date that the government approved the application, he or she may use the date of admission to the United States as the start date. You are currently the principal applicant’s spouse or child and the principal applicant still meets the definition of a refugee; As an accompanying derivative of the principal asylee because you were included on the principal applicant’s, As a following-to-join beneficiary of an approved.
Therefore, you must deduct any time spent outside the United States from the total days of your residency.
Continue to meet the definition of a asylee (or continue to be the spouse or child of such asylee); 3.
Evidence that you are an asylee: Copy of your Form I-94 Arrival-Departure Record, your USCIS asylum approval notice, or a copy of the Immigration Judge’s orders showing that you were granted asylum, Proof that you have been living in the U.S. for the last year (for example, copies of pay stubs, home lease, utility bills, or receipts of government benefits), and, copy of your marriage certificate (for your spouse), or birth certificate (for your child), and. Asylee has not firmly resettled in any foreign country. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Continue reading →, What to expect at your Adjustment of Status Interview First of all, don’t get anxious just because USCIS sent you Continue reading →, Whether you are a temporary nonresident alien in the United States or you’re planning to move to the U.S. permanently, Continue reading →.
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