Permanent Residence for Asylees: What is the AS6 Category?

Several people dream of change and nurture hope for a better future in the United States. The good news for all those seeking asylum in the U.S. is that they have a legal avenue to adjust their status and receive legal permanent residency.

Through asylum, and the AS6 category, certain individuals will be able to remain on U.S. soil legally and change their lives. At Jaskot Law, we are committed to the dreams of each of our clients, which is why it is important to disseminate up-to-date information about U.S. immigration law. Continue reading this article to understand the importance of the AS6 category.

What is Permanent Residency for Asylees?

The Permanent Residence for Asylees, or category AS6Adjustment of Status, as designated by the U.S. Citizenship and Immigration Services (USCIS), is a legal avenue by which the U.S. government allows certain individuals who have applied for asylum to adjust status and apply for lawful and permanent stay in the United States.

As an asylee, you have the right to live and work in the United States and, after one year in the country, you may apply to adjust your status to lawful permanent resident through a process under AS6. This designation is an essential part of the process of betting on a brighter future in the United States.

Understanding residency eligibility criteria

The AS6 category is a term used in the U.S. immigration process to identify asylum granted individuals applying to become permanent residents. To be eligible for these benefits, there are a number of requirements that applicants must meet in advance. Among these requirements we can mention the following:

• File Form I-485, Application to Register Permanent Residence or Adjust Status.
• Be physically present in the United States at the time of filing Form I-485.
• Proof of asylum status issued by USCIS, INS, or EOIR.
• Proof of having been physically present in the United States for at least one year after receiving asylee status.
• Have met, and continue to meet, the definition of refugee or asylee.
• Not having resettled in another foreign country.
• That the grant of asylum is still in effect and has not been cancelled.
• Meet the eligibility criteria established for permanent residence in the United States, or be eligible for a waiver of inadmissibility.

In addition to taking into account all of these requirements, permanent residence may also be applied for if an individual falls into one of the eligibility categories listed below.

Through the family

Some categories of admissibility to apply for permanent residence in the United States are family-based, therefore, it will be possible to apply if the individual meets any of the following criteria:

• Be an immediate relative of a U.S. citizen. This category includes spouses, unmarried children under 21 years of age, and parents of a U.S. citizen who is at least 21 years of age.

• Be another relative of a U.S. citizen, or of a lawful permanent resident. This category includes family members such as unmarried children 21 years of age or older, married children, or siblings of a U.S. citizen who is at least 21 years of age. Also included under this category are the spouse, unmarried child under 21 years of age, and child who is 21 years of age or older of a legal permanent resident.

• Be the fiancé(e) of a U.S. citizen, or the child of a fiancé(e). This category includes persons admitted to the United States as a fiancé(e) through the K-1 nonimmigrant visa, and persons admitted as a child of a fiancé(e) under the K-2 nonimmigrant visa.

• Widower of a U.S. citizen. This category includes a person widowed by a U.S. citizen.

• VAWA self-petitioner. This category includes persons who have suffered some form of abuse, including an abused spouse of a U.S. citizen or lawful permanent resident, abused unmarried child over 21 years of age, abused parent of a U.S. citizen.

Through employment

Another possibility to apply for permanent residency is through employment. An individual may be eligible to apply in the following instances:

• As a migrant worker.

• First category worker. A person who possesses extraordinary abilities in the arts, sciences, education, sports, business, among others. You are a professor or researcher. You are an executive manager of a multinational company that meets certain criteria.

• Second category worker. A person who performs a profession that requires an advanced degree, has extraordinary abilities in the arts, sciences, or business. A person who wishes to obtain a national interest exemption.

• Third category worker. You are a skilled person (at least 2 years of training or work experience required). A professional whose employment requires a U.S. baccalaureate degree or its equivalent in the foreign country. A non-skilled worker whose work requires at least two years of training or experience.

• As a physician with national interest exemption. A physician who works full time in a clinical practice for a specified period of time in a medically underserved area, and who also meets other eligibility criteria.

• As an immigrant investor. A person who has invested, or is in the process of investing, at least $1 million in a commercial enterprise in the United States, or $500,000 in a particular area of employment. This investment will create full-time employment positions for at least 10 qualified employees.

Victims of Human Trafficking

You may also apply for permanent residence in the United States if you have been a victim of human trafficking, and currently hold a T nonimmigrant visa, or if you have been a victim of other crimes, and currently hold a U nonimmigrant visa.

Special immigrant

The special immigrant category for the application for permanent residence in the United States includes different categories of eligibility detailed below.

• Religious worker. Means a person who will travel to the United States as a religious worker for a nonprofit religious organization.

• Special immigrant youth. A minor is a person who is in need of juvenile court protection because he or she has been abused, abandoned, or neglected by a parent.

• International media representative. Means a person who travels to the United States for the purpose of working as a member of the media of the U.S. Agency for Global Media (USAGM), or as its beneficiary.

• Employee of an international organization or his or her family member, NATO employee or his or her family member. Means a person who is a retired official or employee of an international organization or NATO. Eligible family members of such employee are also included in this section.

• He is an Afghan or Iraqi national. Means an Afghan or Iraqi national serving the U.S. Government as an Afghan or Iraqi translator who was employed by or for the U.S. Government in Iraq on or after March 20, 2003, and for at least one year, and/or was an Afghan employee of the International Security Assistance Force (ISAF).

Application for permanent residence in the United States

Obtaining permanent residence in the United States is a common goal for many immigrants, and if a person has asylee status and is physically present in the United States, he or she may apply for permanent residence on Form I-485.

In order to file the application correctly, it is important that the applicant understands and complies with a series of requirements stipulated by the U.S. Citizenship and Immigration Services, in addition to meeting the eligibility criteria. Below we will detail the documents that are necessary to obtain legal permanent residence.

Documents required for your application

A person who possesses asylee status must present the following documentation to petition for lawful permanent residence on U.S. soil.

• File Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the appropriate filing fee.and pay the appropriate filing fee.

• Proof of asylum documents, which may be or include a copy of the asylum letter, the immigration judge’s decision, or the Form I-94, Record of Entry/Departure, which dictates the date you were granted asylum.

• Proof documents or evidence of physical presence in the U.S. for one year after asylum status is granted.

• Two passport-type photographs, and copy of government-issued photo ID.

• Copy of the applicant’s birth certificate.

• Copy of the passport page detailing the non-immigrant visa (if applicable), and copy of the page containing the admission stamp or entry permit issued by a U.S. government immigration officer (if applicable).

• Form I-693, Medical Report and Immunization Record.

• Certified police-issued records of all criminal charges, apprehensions or convictions (if applicable).

• Form I-602, Refugee Application for Waiver of Grounds for Exclusion (if applicable).

For additional information on filing applications and forms, feel free to consult the official U.S. Citizenship and Immigration Services Filing Tips page.

Grounds for inadmissibility

In order to apply for permanent residency in the United States, it is necessary to understand and take into account the following grounds of inadmissibility that may put a stop to the hopes of obtaining a Green Card.

• Fall under any of the grounds of inadmissibility listed under section 212(a).
• Check the grounds of inadmissibility that are not valid for asylees contained in the USCIS Policy Manual, Volume 7, Part M, Adjustment for Asylees.
• Check if the applicant can be exempted from some grounds of inadmissibility through Form I-602, Refugee Application for Waiver of Grounds for Exclusion.

How can an immigration attorney help you obtain permanent residency in the United States?

An immigration attorney can play a crucial role in the process of obtaining permanent residency in the United States. Not only can it help an applicant navigate the complex web of immigration laws and procedures, but it can also help to do so correctly and in a timely manner.

From Jaskot Law, we are convinced that in order to apply for permanent residence under the AS6 category, it is necessary to consult with a professional who is in charge of reviewing the documentation and supervising the necessary procedures to improve the applicant’s chances of success.

Contact our team of attorneys today and put your dream of obtaining permanent residency in the United States into action.

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