So, you’re thinking about seeking asylum in the US to escape persecution or dangerous conditions in your home country.
First, let me say this: the US offers a legal path to permanent residency (aka a Green Card) for those granted asylum. However, it’s a complex process with many steps involved.
Let’s walk you through everything you need to know about transitioning from asylum status to a US Green Card.
In this article...
What Is Asylum?
Before diving into the Green Card process, let’s quickly recap what asylum means. Asylum is granted to people who have fled their home country due to persecution or fear of persecution based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
If you’re already in the US or at the border, you can apply for asylum. Once granted, asylum gives you legal status to remain in the country, work authorization, and the ability to apply for a Green Card after one year.
Tip: You must apply for asylum within one year of your arrival in the US unless you can show extraordinary circumstances for missing the deadline.
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Step 1: Seek Asylum and Get Approved
The first step toward getting a Green Card through asylum is being granted asylum status. You can apply for asylum in the US by filing Form I-589, Application for Asylum and for Withholding of Removal.
The asylum process can take months or even years, depending on the backlog of cases. During this time, you’ll have an interview with an Asylum Officer (if you’re applying affirmatively) or a hearing in immigration court (if you’re in removal proceedings).
What you need to show:
- Proof of persecution: Documentation of threats or attacks, police reports, medical records, etc.
- Credibility: Your testimony during the asylum interview or hearing must be consistent and detailed.
Once your asylum application is approved, you are officially a refugee in the US. This is the critical first step before applying for a Green Card.
Tip: Hiring an immigration attorney with experience in asylum cases can greatly increase your chances of approval.
Step 2: Wait One Year Before Applying for a Green Card
Once you’re granted asylum, you need to wait for one year before you can apply for a Green Card. During this time, you are legally allowed to live and work in the US, and you’ll receive an Employment Authorization Document (EAD).
Important notes about the one-year wait:
- You must have physically resided in the US for at least one year after being granted asylum.
- You can include your spouse and children in your Green Card application, provided they were granted derivative asylum.
Tip: Keep track of your timelines. As soon as you hit the one-year mark, start gathering documents to apply for your Green Card.
Step 3: File for Adjustment of Status (Green Card)
After waiting one year, you can apply to adjust your status from asylum to permanent resident (Green Card holder). The form you’ll need to file is Form I-485, Application to Register Permanent Residence or Adjust Status.
Documents you’ll need for your application:
- Form I-485 (filed with USCIS).
- Proof of asylum grant: Your asylum approval letter or decision from immigration court.
- Form I-693, Report of Medical Examination and Vaccination Record: This proves you meet the health requirements for a Green Card.
- Passport-style photos: 2 photos of yourself to include with your application.
- Form I-94: Your record of arrival/departure, which shows you’ve been living in the US under asylum status.
If your spouse or children are included in your Green Card application, you’ll need to provide their information as well.
Tip: Make sure your Form I-485 is completely filled out and error-free. Missing or incorrect information can delay your Green Card process.
Step 4: Attend a Biometrics Appointment
After submitting your Green Card application, you’ll receive a notice to attend a biometrics appointment. During this appointment, USCIS will collect your fingerprints, photograph, and signature for background checks.
What to bring to your biometrics appointment:
- Your biometrics appointment notice.
- Your valid ID (passport, driver’s license, or EAD).
- Any additional documentation requested in the appointment notice.
Once your biometrics are done, USCIS will process your background checks while moving your application through the next stages.
Step 5: Wait for Green Card Approval
After your biometrics appointment, it’s time to wait for USCIS to process your Green Card application. Depending on the current processing times, it can take several months or longer.
Keep in mind, USCIS will send you any additional requests for evidence (RFE) if something is missing or unclear in your application.
Once USCIS completes processing your case, you will either be approved or called for an interview (this is rare for asylee applicants). If all goes well, you will receive your Green Card in the mail!
Tip: You can track the status of your Green Card application online using your USCIS case number on their website.
Benefits of Getting a Green Card Through Asylum
Once you have a Green Card, you gain many important benefits:
- Permanent residency: You can live and work anywhere in the US without restrictions.
- Path to citizenship: After holding your Green Card for five years, you can apply for US citizenship.
- Travel freedom: You can travel in and out of the US more easily (but be careful about returning to the country where you faced persecution).
What Happens If My Green Card Application Is Denied?
Although it’s rare for asylees, there is a chance your Green Card application could be denied. If that happens, USCIS will explain the reason for the denial, and you can file an appeal or motion to reopen your case. In most cases, it’s due to incomplete documents, medical issues, or criminal background problems.
Tip: To avoid denial, make sure your medical exams are up to date, and all information in your application is accurate and complete.
Final Thoughts: The Path from Asylum to a Green Card
Getting a Green Card through asylum is a long but rewarding process. Once granted asylum, waiting a year and applying for adjustment of status is the natural next step. With the right preparation and attention to detail, you’ll be well on your way to permanent residency in the US.
For the most up-to-date information, visit the USCIS website or consult with an immigration attorney who specializes in asylum cases.
