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After a year as an asylum seeker, you can apply for a green card with all the necessary paperwork, fees, and supporting papers. Here is How.
You can apply for permanent residency and change your status to “lawful permanent resident” (LPR) if you have resided in the United States for a year following your asylum approval.
If you have dependents, they can apply for their permanent residency with you, or even before you do, if you were the principal petitioner and your family received a derivative concession of asylum through you.
The 12-month timeframe begins on the day you receive your final asylum approval. However, you may get advice on the importance of applying for permanent residency as soon as possible and learn what is required for a successful application.
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You must continue to meet the requirements to be an asylee.
You must continue to meet the criteria for an asylee when you submit an application for a green card (or continue to be the spouse or child of such an asylee).
In some situations, U.S. Citizenship and Immigration Services (USCIS) may ask whether you still qualify as an asylee. In other words, you worry about being persecuted by your home country because of a protected ground.
You Must Maintain Your Eligibility for Entry into the United States
You must remain “admissible” to the United States after obtaining asylum and residing there for a full year.
Certain infectious illnesses, criminal records, drug misuse, prior violations of immigration laws, and affiliation with terrorism are among the “inadmissibility” grounds.
Waivers are, however, sometimes possible. You may request a waiver along with your adjustment application by submitting USCIS Form I-602, Application by Refugee for Waiver of Grounds of Excludability.
What Paperwork Is Necessary to Apply for a Green Card?
You must send USCIS Form I-485, Petition to Register Residency Permit or to Adjust Status, and the necessary payments if you want to apply for a green card.
You can obtain a free copy of this form by visiting the USCIS website’s I-485 page. Double-check the data you supplied on your asylum petition before submitting your replies (Form I-589). If you make any apparent inconsistencies, USCIS may charge you with lying.
Along with your I-485, you must submit the following supporting documents:
- Report of Medical Exam and Vaccination Record Form I-693
- Proof that you are an asylum seeker: A copy of your Form I-94 Arrival-Departure Record, your USCIS asylum approval notice, or the immigration judge’s instructions proving you were given asylum
- Evidence showing you have resided in the United States for the past year (such as copies of your pay stubs, your home lease, your utility bills, or your government assistance receipts), and
- Two Passport sizes Photographs.
Additionally, you’ll have to pay an application cost. The charge’s value is listed on the USCIS Fee Schedule. Ensure that every document written in a foreign language has a complete translation into English.
How to Submit a Green Card Application for Your Family
Before submitting a green card application, your spouse and kids must have resided in the country for at least a year following the issuance of derivative asylum.
For example, if you were awarded asylum in January 2019 and your family came to this country as derivative asylees in January 2020, they would be qualified to apply for permanent residency in January 2021.
For each family member, you must complete a separate Form I-485 (along with the required filing fee and supporting documentation).
Send your combined applications, including your family members, in the same mailing package.
Additionally, you need to submit the following:
- Copies of your birth certificate for your child, or your spouse’s, or marriage license, and
- Proof that you either now have your residence permit or that you have submitted your adjustment application.
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