How to Successfully Apply for a Green Card Through Asylum

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It’s not simple to apply for a Green Card through asylum. Several crucial actions must be followed for the application process to be completed effectively.

People must demonstrate that they are being persecuted in their home country because of their religion, political views, race, or nationality to qualify for a Green Card through the asylum process. Thus, candidates must offer proof and verification of their eligibility as a refugee. Before requesting asylum in the United States, individuals must also demonstrate that they have exhausted all other options for assistance.

Applicants must provide evidence of their eligibility for asylum and why they are unable to safely return to their home countries in addition to the necessary papers and personal statements. In addition, individuals must demonstrate their ability to sustain themselves while in the country and show that any family members they are bringing with them are likewise qualified for a green card through asylum.

What is the Asylum Process in the US?

Those who have been persecuted in their home country because of their race, religion, nationality, participation in a particular social group, or political opinion may apply for asylum in the United States to get protection and a road to permanent resident status (green card). One must apply for asylum together with whatever supporting documentation they can offer.

An individual will receive a letter of acceptance and be given asylum status once they have applied and their request has been approved within the US or at any point of entry. This indicates that, provided the person meets certain criteria established by the US Citizenship and Immigration Services, they may continue to reside in the US (USCIS). The ability to apply for a green card for an asylee’s husband and children also makes it simpler for families to stay together while undergoing the process of becoming full US citizens.

Furthermore, after being awarded asylum, a person has one year to apply for lawful permanent resident status (a “green card”). To accomplish this, you must submit Form I-485, “Application to Register Permanent Residence or Modify Status,” along with the other necessary paperwork. It is vital to remember that anyone seeking asylum must do so from within the United States; if they apply from abroad, they may be entitled to use refugee status instead.

How to Start the Asylum Application Process?

The filing of an I-589 Application for Asylum and Withholding of Removal is the initial stage in the process of requesting a Green Card through asylum. Once this form has been accurately filled out and sent to the US Citizen and Immigration Services, a processing center will examine it to see if it satisfies the requirements set forth by US law.

To be eligible to apply for asylum, an applicant must meet certain requirements including:

  • Having been physically present in the United States for at least one year following their asylum grant;
  • Having applied for a green card one year after receiving their grant of asylum; and
  • And having completed all the necessary forms for permanent residencies, such as Form I-485.

Once all of these requirements have been met, applicants can move forward with submitting all forms necessary for a green card through asylum. After completion and filing, applicants can expect to receive a decision from a USCIS within 180 days.

Is there any Deadline to Apply for Asylum?

Asylees are required by the U.S. Citizenship and Immigration Services (USCIS) to submit a Green Card application one year after being granted asylum. The “asylum clock” starts ticking when USCIS grants an application for asylum and stops when the applicant leaves the country. Asylees are given an additional six months by USCIS to submit a Form I-485, Application for Permanent Residence.

It is crucial to remember that foreign nationals may only apply for permanent residency one year after receiving a positive asylum decision—not immediately after arriving in the country. So, those who enter the country without a visa or whose asylum claims are still ongoing cannot start accruing physical presence to fulfill the conditions for permanent residency until USCIS grants asylum status.

Proving Eligibility and Filing the Form I-589

To successfully acquire a Green Card through asylum, applicants must prove their eligibility by filing Form I-589, the Application for Asylum, and for Withholding of Removal. The form is typically completed online or in person at a USCIS field office.

Applicants will need to provide the following information on the form:

  1. Proof of identification such as driver’s license, passport, work visa, etc.
  2. Detailed information about their country of origin and any experiences with persecution
  3. Documentation of any prior applications for asylum or other immigration benefits in the U.S., if applicable
  4. Details about family members living in the U.S., including their status
  5. Details about any pending immigration proceedings
  6. A signed statement expressing fear of returning to their country of origin due to potential persecution
  7. An affidavit from an immigration lawyer explaining why they feel they should be granted asylum (if applicable)

This application form helps USCIS adjudicators determine whether an applicant meets all legal requirements and should be granted asylum in the United States or not.

Are there Different Paths to Apply for Asylum?

Yes, there are different paths to apply for asylum, depending on your situation. The primary route is through the affirmative process, which involves an application submitted directly to U.S. Citizenship and Immigration Services (USCIS).

As an alternative, people who are already in the country might use the defensive procedure to petition for asylum. By using this method, applicants are required to attend a full hearing before an immigration judge and provide proof of their need for protection as well as the reasons it would be risky or impossible for them to return to their native country. This applies to people who are detained and ineligible for the affirmative process because they came after entering the United States without inspection or overstayed their visas, in addition to those who had removal procedures ongoing.

It is also possible to apply for asylum protection if you have already been granted Temporary Protected Status (TPS) due to extreme conditions in your home country that prevent your return. In such cases, individuals may seek immigration relief by filing a “Conversion Request” with USCIS along with supporting documents stating why they are eligible for asylum relief instead of TPS renewal.

The Interview and Receiving your Decision

The final step in the Green Card through asylum process is an interview with a USCIS officer. During this interview, the asylum officer will verify your identity, ask questions about your claim, and review all of the documentation you have submitted.

Here are some tips to keep in mind when preparing for this crucial interview:

  • Make sure you are familiar with the key elements of your asylum application and can confidently answer any questions that come up.
  • Dress neatly, arrive early, and bring all of the necessary documents such as passport, identification cards, birth certificate, etc.
  • Ask for an interpreter if necessary. All interviews must be conducted in a language that you understand.
  • Be honest and provide detailed answers to all questions with confidence. Do not exaggerate or provide false information – it will only hurt your case.

After the interview is concluded, you will receive a decision on whether or not you have been granted asylum status and a Green Card. If approved, you will be able to start living and working in the United States legally.

After the Asylum Grant: Work Authorization, Travel, and Applying for Permanent Residence in the US

There are several advantages accessible to someone who has been given asylum in the US. In addition to being allowed to live lawfully in the US, individuals can also seek for permanent residency, get permission to travel outside the US, and get work authorization.

Work Authorization: Asylees can apply for and obtain Employment Authorization Documents (EADs) by filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS). This allows them to legally work in the United States while they are awaiting permanent residence status. An EAD typically lasts 1 year and is renewable as long as the asylum grant remains valid.

Travel Abroad: Asylees may be allowed to travel abroad with an Advance Parole document issued by USCIS. This document will allow them to re-enter the U.S., although it does not guarantee re-entry if a person has been outside of the country for more than 1 year or if their circumstances have changed since their initial asylum application was accepted.

Permanent Residence: Once a person has been granted Asylum, they are eligible to apply for permanent residence in the United States after a year from their granting date (as long as certain conditions are met). To apply for a green card through asylum, you must complete Form I-485 along with any other necessary forms and documentation as required by USCIS.

FAQs on Acquiring a Green Card through Asylum

The application process for a Green Card through asylum may seem daunting, but with the right resources and expertise, it can be done. To help ensure success, here are some of the most frequently asked questions about acquiring a Green Card through asylum:

  • What is an Asylum Seeker?

In general, an asylum seeker is someone who is seeking protection or refuge from prosecution or persecution in their country of origin because of race, religion, nationality, membership in a particular social group, or political opinion. The United States allows certain people to apply for asylum and apply for permanent residence if they meet certain requirements.

  • What Are the Requirements?

To qualify for asylum and eventual Green Card status in the United States through Asylum applications must meet certain criteria:

  1. You must have been persecuted or fear persecution on account of race, religion, nationality, political opinion, or membership in a particular social group;
  2. You must be physically present in the United States;
  3. You must file your application within one year of arriving in the US; and
  4. You must not have previously been firmly resettled in any other country.

With these qualifications in mind, it’s important to note that each situation is unique and that you should consult an immigration lawyer to determine if you can qualify for asylum before applying for permanent residence through a Green Card.

It might take some time to finish the complicated procedure of receiving a Green Card through asylum. Before submitting your application, it’s crucial to gather all the required information and documentation. You should also keep an eye out for any changes to the rules. You must present identification, citizenship, and home country documentation while requesting a Green Card through asylum. A well-founded fear of persecution because of your race, religion, nationality, political opinion, or membership in a specific social group must also be demonstrated by you.

You may qualify for a green card through asylum if you can successfully meet these conditions. As with other immigration applications, be careful to strictly adhere to the guidelines and submit all papers by the due date. By doing this, your application will be more likely to be approved quickly.