Permanent Residency by Asylum: Process and Advice

Escaping persecution in one’s home country can be a momentous event in a person’s life. As such, obtaining permanent residency in the United States through asylum not only means betting on a better future, but also on possibilities for progress and personal growth.

At Jaskot Law, we understand that asylum is a vital option for those seeking safety in the United States, and because of the importance of this process, we provide personalized attention to our clients, guiding them through every step of the way to a favorable resolution of their case.

What is permanent residence by asylum?

If an individual has a well-founded fear of persecution in his or her home country, the U.S. government may grant him or her permanent residency by asylum.The U.S. government may grant permanent residency by asylum, an immigration status granted to those who meet the relevant requirements and have been approved to remain in the country.

This process not only provides significant relief from a complex situation, but also offers the opportunity to settle permanently in the United States. Likewise, after obtaining permanent residency, the beneficiary will be able to access a series of benefits different from those granted under the asylum status.

What are the benefits of adjusting status when you are a beneficiary of asylum?

If a person is granted asylum in the United States, it is not necessary for him or her to apply for a green card, however, adjusting immigration status when granted asylum can offer a number of significant benefits. In addition to the possibility of applying for a green card, the holder will be able to obtain additional legal and social rights and benefits.

Some of these benefits include the possibility of applying for U.S. citizenship in the future, thus avoiding possible legal complications in the future. The beneficiary will be able to apply for work authorization, and will have the ability to travel outside the United States and return without problems, as well as the option to apply for immediate relative residency..

Who can adjust status and receive a green card for asylum?

If a person has applied for asylum in the United States, they may be able to adjust their immigration status and have the possibility of obtaining a green card, as long as they are deemed eligible for such a benefit. To be eligible, an individual must meet the following requirements:

• Form I-485, Application to Register Permanent Residence or Adjust Status.

• Be physically present in the United States at the time of filing your application for permanent residence, and have been physically present in the country for at least one year after being granted asylum.

• Continue to meet the refugee definition (primary asylum), or be the spouse or child of a refugee (secondary asylum).

• Not having resettled in a foreign country.

• The grant of asylum has not been cancelled.

• Be admissible to obtain lawful permanent residence in the United States, or be eligible for a waiver of inadmissibility or other form of immigration relief.

Physical presence in the United States

In order to adjust status and receive a green card for asylum in the United States, it is crucial to be physically present. This means that the applicant must be physically present on U.S. soil at the time of filing his or her asylum application, as well as throughout the adjudication process and for at least 1 year.

According to U.S. Immigration Law, a person seeking asylum may apply for permanent residence in the United States after one year has elapsed. It is for this reason that it is important for the applicant to keep a detailed record of all entries and exits from the country, as this may be required as proof of continuous presence in the United States.

At this point, it is crucial to keep in mind that if the individual leaves the United States, his or her eligibility for permanent residency could be affected. USCIS only has a detailed manual (in English) of what is considered physical presence in the country.

Definition of refugee

Another fundamental requirement to be considered eligible for permanent residency in the United States is to continue to meet the definition of a refugee. To this end, it is necessary to understand that a refugee is a person who has fled his or her country of origin due to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.

At the time of filing the application for permanent residence by asylum, it will be crucial that the USCIS officer has no reason to believe that the applicant no longer qualifies as a refugee. If asylum has been requested by referral, it will be necessary to have the relevant supporting documents.

Resettlement

If a person is protected through immigration asylum status, it is essential that he or she be permanently resettled in the United States. If the person has received citizenship from a third foreign country, other than his or her country of origin, USCIS may consider removing the asylee status and make it impossible to apply for a green card in the United States.

Inadmissibility criteria

Regarding the inadmissibility criteria for adjusting status and receiving a green card for asylum in the United States, it is important to keep in mind that certain factors may prevent a person from qualifying for this benefit. While the criteria for inadmissibility may vary depending on each individual’s immigration status and case-specific factors, some of these criteria include the following:

• Health reasons
• Criminal grounds
• Reasons that compromise national security
• Previous removal processes
• Potential to become a public burden on the State
• Fraudulent misrepresentations on applications filed with USCIS

Understanding permanent residence through asylum

Obtaining permanent residency by asylum requires meeting certain criteria and procedures established by U.S. immigration law. This status allows the beneficiary to live and work in the U.S. legally, but it is important to note that permanent residency by asylum is not automatic, and applicants must demonstrate that they continue to meet the eligibility requirements to maintain this status.

Steps to apply for permanent residence

To apply for permanent residency in the United States, the following steps must be followed:

STEP 1: Form I-485 Application for Permanent Residence or Adjustment of Status with the U.S. Citizenship and Immigration Services (USCIS).

STEP 2: Submit all relevant supporting documents together.

STEP 3: Pay the corresponding filing fees.

STEP 4: Attend the biometric data collection appointment.

STEP 5: Attend the interview with the immigration agent for the processing of your green card.

STEP 6: Wait for USCIS to review and resolve your case.

Additional items to consider

For your asylum residency application, it will be crucial that you have supporting documents and proof of your asylum claim, such as a copy of the letter or decision of the immigration judge in charge of your case. You may also present a Form I-94 Arrival/Departure Record showing the date you were granted asylum.

Next, the applicant must present physical evidence of presence in the United States, two passport-style photographs, a copy of a government-issued photo ID. You should also have your birth certificate, a copy of the non-immigrant visa page of your passport (if applicable), and a copy of the U.S. admission stamp page of your passport (if applicable).

In addition, you must submit Form I-693 Medical Report and Immunization Record, certified police records of all criminal charges or convictions (if applicable), and Form I-602 Refugee Application for Waiver of Grounds for Exclusion (if applicable).

Can a family member apply for permanent residence by asylum?

A person who has been granted refugee or asylee status may petition for an immediate family member to receive derivative asylum. Once granted asylee status, they may apply for permanent residence in the United States after one year of physical presence in the country.

To do so, each individual who wishes to obtain a green card must file an application through Form I-485 with all the documentation required by the U.S. Citizenship and Immigration Services. It is necessary to take into account that in this instance additional evidentiary documents may be requested in addition to those mentioned above, therefore it is a good option to have the help of an attorney to carry out the process.

The experienced immigration attorneys at Jaskot Law are skilled at helping immigrants navigate the complex world of U.S. immigration law. Through a personalized service, we watch over the dreams and the future of each of our clients and help them to increase the chances of success of their particular case.

Frequently Asked Questions