Green Card Options for Asylum and Refugee Status Holders

1. What are the options for Green Card eligibility for asylum and refugee status holders?


The options for Green Card eligibility for asylum and refugee status holders are the following:

1. Adjustment of Status: This allows asylum and refugee status holders who are already physically present in the United States to apply for a Green Card without having to return to their home country.

2. Registry: Asylum and refugee status holders who have been continuously present in the United States since before January 1, 1972 can apply for a Green Card through the registry provision.

3. Family-Based Immigration: Asylum and refugee status holders can apply for a Green Card if they have a family member who is a U.S. citizen or a permanent resident.

4. Diversity Visa Program: This program provides 50,000 visas annually for persons from countries with low rates of immigration to the United States.

2. How long does it take to receive a Green Card through asylum or refugee status?


The timeline for receiving a Green Card through asylum or refugee status depends on a variety of factors, including the particular country from which the applicant is coming and the current state of the U.S. immigration system. Generally, it takes between one and two years to receive a Green Card after applying for asylum or refugee status.

3. Are there any special requirements for asylum and refugee applicants to obtain a Green Card?


The only special requirement for asylum and refugee applicants to obtain a Green Card is that they must have applied for asylum in the United States or have been granted refugee status or withholding of removal in the United States. After one year, an applicant may apply for a Green Card if they meet other eligibility requirements.

4. Are there any restrictions on employment for asylum and refugee status holders when applying for a Green Card?


Yes, there are restrictions on employment for asylum and refugee status holders when applying for a Green Card. Generally, asylum and refugee status holders may not work until they are granted employment authorization by USCIS. In addition, under certain circumstances, some individuals may be barred from obtaining permanent residence in the United States based on their prior employment or activities.

5. How can an asylum or refugee applicant prove their eligibility for a Green Card?


An asylum or refugee applicant must establish eligibility for a Green Card by submitting a Form I-589, Application for Asylum and for Withholding of Removal. This form must include a description of the applicant’s persecution, as well as any supporting evidence such as affidavits and other documentation that would support their claim for asylum or refugee status. Additionally, an applicant must be found to be admissible to the United States in order to be eligible for a Green Card. In order to do this, the applicant must submit Form I-605, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, which will include information about their criminal history and other factors that could disqualify them from eligibility.

6. Is the application process different for asylum and refugee applicants compared to other types of immigrants?


Yes, the application process for asylum and refugee applicants is different from other types of immigrants. Asylees and refugees must demonstrate a “well-founded fear of persecution” in their home country, which is different from other types of immigrants who may not have the same standard to meet. Additionally, refugees and asylees may be able to access a more streamlined application process, such as the Refugee/Asylee Relative Petition, which allows certain family members to join these immigrants in the US.

7. Can an individual who has been granted asylum or refugee status apply for a Green Card without having to leave the U.S.?


Yes, an individual who has been granted asylum or refugee status can apply for a Green Card without having to leave the U.S.

8. Are there any other benefits that come with obtaining a Green Card as an asylum or refugee applicant?


Yes. Green Card holders who were admitted to the United States as refugees or granted asylum are eligible to apply for certain public benefits such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and Social Security benefits. They may also be eligible for certain state-funded programs, such as reduced tuition at public colleges and universities, housing assistance, and job training.

9. What are the qualifications for asylum and refugee status holders to become eligible for a Green Card?


To become eligible for a Green Card, asylum and refugee status holders must establish that they meet the eligibility requirements for a family- or employment-based visa, and are admissible to the United States. Generally, they must demonstrate that they have a job or family support in the United States, or have been granted asylum or refugee status in the United States. They must also pass security and background checks, and prove that their entry into the United States would not pose a threat to public safety. Additionally, asylum and refugee status holders must have an immigrant visa petition approved by U.S. Citizenship and Immigration Services (USCIS) before they can apply for a Green Card.

10. Can an individual obtain a Green Card if they have been denied asylum or refugee status?


No, an individual who has been denied asylum or refugee status cannot obtain a Green Card. The Green Card is given to permanent residents of the United States, and a denial of asylum or refugee status generally means that the individual is not eligible to become a permanent resident.

11. What documents are required to complete the Green Card application process?


In order to apply for a Green Card, you will need to submit the following documents:

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

2. Proof of financial support, such as a sponsor form or pay stubs.

3. Evidence of your eligibility, such as birth certificate, passport or other documents showing your nationality or other reasons for eligibility.

4. Passport-style photos.

5. Evidence of valid nonimmigrant status, if applicable.

6. Copies of any immigration documents related to your current status in the United States.

7. A copy of your medical examination results, if applicable.

8. An application fee and biometric services fee, if applicable.

9. Any additional documents requested by USCIS during the process.

12. Is there any way to expedite the process of obtaining a Green Card for an asylum or refugee applicant?


No, it is not possible to expedite the process of obtaining a Green Card for an asylum or refugee applicant. However, certain applicants, such as those with urgent humanitarian needs or those who meet other criteria, may be eligible to receive a Green Card in a shorter amount of time.

13. Is there any benefit to applying for a Green Card as soon as possible after being granted asylum or refugee status?


Yes. By applying for a Green Card as soon as possible after being granted asylum or refugee status, an individual can gain access to public benefits, such as Social Security, Medicaid, and Supplemental Security Income. Additionally, having a Green Card can make it easier to travel abroad and return to the United States.

14. How much does it cost to apply for a Green Card as an asylum or refugee applicant?


The filing fees for an asylum or refugee Green Card application (Form I-485) are $985. You may also be required to pay an additional fee of $85 for biometrics services.

15. Are there any special restrictions on travel outside of the U.S. that apply to Green Card holders who were originally granted asylum or refugee status?


Yes. According to U.S. Customs and Border Protection, Green Card holders who were granted asylum or refugee status must obtain a special travel document to depart and return to the United States. This document, called a Refugee Travel Document, can be obtained from the U.S. Citizenship and Immigration Services by filing Form I-131. The Refugee Travel Document will contain information about the individual’s refugee status, and must be presented upon return to the United States.

16. Is there any way for an individual with a criminal record to obtain a Green Card through asylum or refugee status?


Yes, individuals with a criminal record may be eligible for asylum or refugee status. However, they must be able to demonstrate that they are a victim of persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Additionally, the criminal record must not make the individual ineligible for asylum or refugee status.

17. What are the consequences of not filing taxes as part of the Green Card application process for an individual holding asylum or refugee status?


The individual may not be able to demonstrate that they are in the United States lawfully and may be ineligible for a Green Card or other immigration benefits. Failure to file taxes can also lead to serious penalties, including hefty fines, interest charges, and potential jail time.

18. Is it possible to bring family members to the U.S. when applying for a Green Card through asylum or refugee status?


Yes, it is possible for family members to accompany an individual applying for a Green Card through asylum or refugee status. The individual must submit Form I-730, the Refugee/Asylee Relative Petition, in order to request for their family members to join them in the U.S.

19. Are there any limits on how long an individual can stay in the U.S. while waiting for their Green Card application to be processed?


Yes. Under the Immigration and Nationality Act (INA), an individual can remain in the U.S. while their Green Card application is pending, but they may not stay beyond their authorized period of stay as indicated on their I-94 Arrival/Departure Record. This period is typically six months, but it can vary depending on the individual’s circumstances. If an individual does exceed their authorized period of stay, they may be subject to civil and/or criminal penalties.

20. How often must an individual renew their Green Card once it has been issued to them through their asylum or refugee status?


Green Cards issued through asylum or refugee status are valid for 10 years. After 10 years, the card must be renewed.