Refugee and Asylee Green Card Eligibility

1. What is refugee and asylee green card eligibility?


Refugee and asylee green card eligibility refers to the process by which certain foreign nationals who are already in the United States can apply for permanent resident status (green card) as a refugee or asylee. Refugees and asylees are eligible for green cards if they meet specific criteria established by the U.S. government. Generally, refugees must have been living in the U.S. for at least one year before applying, and asylees must have been living in the U.S. for at least two years before applying.

2. How do I apply for a refugee or asylee green card?


To apply for a refugee or asylee green card, you must meet certain eligibility requirements and submit Form I-485, Application to Register Permanent Residence or Adjust Status. The form must be accompanied by supporting documents, including a copy of your refugee/asylee status document. You will also be required to have a medical exam and attend an interview with a USCIS representative. Additional information and instructions can be found on the USCIS website.

3. Who is eligible to receive a refugee or asylee green card?


In the United States, a refugee or asylee green card is available to those granted refugee status, asylum status, or withholding of removal. Eligibility requirements vary depending on the country of origin and the specific program. Generally, those seeking refugee status must demonstrate they have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Those seeking asylum must show they are unable or unwilling to return to their country of origin due to persecution or a fear of persecution based on one of the same five protected categories.

4. What documents do I need to apply for a refugee or asylee green card?


To apply for a refugee or asylee green card, you must provide the following documents:

– Form I-485, Application to Register Permanent Residence or Adjust Status;
– A valid passport;
– Proof that you are a refugee/asylee (Form I-94, Arrival/Departure Record);
– Proof of your marriage or other relationship, including birth certificates and other documents;
– Two passport-style photographs;
– Employment authorization document (if applicable); and
– Medical examination results.

5. What are the criteria for obtaining a refugee or asylee green card?


In order to obtain a refugee or asylee green card, an individual must meet the definition of a refugee or asylee as defined by U.S. immigration law. A refugee is a person who is located outside of the United States and is unable or unwilling to return to their home country due to fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion. An asylee is a person who is already present in the United States and is unable or unwilling to return to their home country due to fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion.

6. How long does the application process take to receive a refugee or asylee green card?


The application process for a refugee or asylee green card typically takes 6-9 months. However, the exact length of time depends on processing times at the U.S. Citizenship and Immigration Services (USCIS) office.

7. How long is a refugee or asylee green card valid for?


A refugee or asylee green card is valid for 10 years.

8. What are the restrictions on a refugee or asylee green card?


A refugee or asylee green card holder may be subject to certain restrictions, including:
1. Must remain in the US for at least one year after receiving the green card.
2. Cannot be absent from the US for more than 6 months at a time without receiving permission from the US Citizenship and Immigration Services (USCIS).
3. May not travel to the country of origin or any other country without first obtaining advance parole authorization from USCIS.
4. Must remain employed in the US (or attend school) for at least two years after receiving the green card, unless they can demonstrate “compelling circumstances” against it.
5. May not receive public assistance or other government benefits that other green card holders are eligible to receive until they have held their green card for at least five years.

9. Are there any fees associated with a refugee or asylee green card application?


Yes, there are fees associated with a refugee or asylee green card application. The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,140. In addition, the biometrics fee is $85. All fees must be paid in U.S. dollars and by check or money order made payable to the U.S. Department of Homeland Security.

10. What rights are associated with a refugee or asylee green card?


Rights associated with a refugee or asylee green card include the right to work, permission to travel outside of the US and return, permission to apply for citizenship after five years of residency, permission to access public benefits, and the right to petition for family members to join them in the US.

11. How do I renew my refugee or asylee green card?


You must file Form I-590, Renewal of Green Card, with U.S. Citizenship and Immigration Services (USCIS). You must provide evidence that you are still a refugee or asylee and that your adjudication has not been revoked or terminated. Once USCIS approves your Form I-590, they will mail you a new green card.

12. Are there any benefits associated with having a refugee or asylee green card?


Yes. Refugees and asylees who become lawful permanent residents of the United States are eligible for many of the same benefits as U.S. citizens, including access to Social Security, disability, Medicare, Medicaid, Supplemental Nutrition Assistance Program (SNAP), and other public assistance programs. They are also eligible for federal student aid and the ability to sponsor family members for immigration. Asylees may also obtain permission to work in the United States, and both asylees and refugees are eligible for naturalization after five years of living in the United States.

13. Can I travel with a refugee or asylee green card?


Yes. A refugee or asylee green card is a valid travel document and can be used to travel to and from the U.S.

14. Are there any special privileges for people with a refugee or asylee green card?


Yes. Refugees and asylees may be eligible for certain public benefits, including Supplemental Security Income (SSI), Medicaid, Temporary Assistance for Needy Families (TANF), and the State Children’s Health Insurance Program (CHIP). Additionally, refugees and asylees may be eligible for employment authorization after one year of U.S. residency.

15. Are there certain countries from which refugees and asylum seekers are not eligible for resettlement?


Yes, some countries are not eligible for resettlement of refugees and asylum seekers. These countries include Belarus, Cuba, North Korea, and Zimbabwe. Additionally, individuals from countries where there is an active war or armed conflict are generally not eligible for resettlement.

16. How can I be sure that my application for a refugee or asylee green card will be successful?


Unfortunately, there is no guarantee that your application for a refugee or asylee green card will be successful. The decision is made by the Department of Homeland Security on a case-by-case basis and depends on a variety of factors, such as the applicant’s individual circumstances and any relevant documentation that can help to support their case. It is important to provide thorough and accurate information in your application in order to improve your chances of success.

17. Do I have to provide proof of identity and/or documentation when applying for a refugee or asylee green card?


Yes. When applying for a refugee or asylee green card, you must provide valid proof of identity and/or documentation, such as a passport, birth certificate, and/or passport-style photograph. You should also provide evidence of your refugee or asylum status.

18. What are the consequences of providing false information when applying for a refugee or asylee green card?


Providing false information when applying for a refugee or asylee green card can result in denial of the application, criminal prosecution, and/or deportation. It is important to be honest when answering questions on an application to ensure that your application is given fair consideration.

19. Can I appeal if my application for a refugee or asylee green card is refused?


Yes, you can. You have the right to appeal a decision by USCIS to deny your application for a refugee or asylee green card. To do so, you must file a Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the USCIS decision.

20. What happens if my circumstances change after I receive my refugee or asylee green card?


If your circumstances change after you receive your refugee or asylee green card, you should contact the U.S. Citizenship and Immigration Services (USCIS) to discuss the changes and how they might affect your immigration status. Depending on the nature of the changes, you may need to reapply for a new green card or adjust your status.