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 depend on the situation. In general, asylum applicants may become eligible to apply for lawful permanent residence (a Green Card) one year after being granted asylum. Refugee status holders may be eligible to apply for a Green Card once they have been physically present in the United States for at least one year. They must also obtain an approved Form I-730 (Family Unity Benefits) from USCIS to get a Green Card. Additionally, applicants for refugee status may be considered for lawful permanent residence if they are in possession of a valid Form I-94 (Arrival/Departure Record).

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


It typically takes six to nine months to receive a Green Card after being granted asylum or refugee status, but the exact processing time may vary depending on the individual’s situation.

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


Yes, asylum and refugee applicants must meet certain requirements in order to obtain a Green Card. These include meeting the definition of refugee or asylee, having been physically present in the U.S. for at least one year after being granted asylum or refugee status, and not having any disqualifying conditions. Additionally, the applicant must be admissible to the U.S., pass security and background checks, and attend an in-person interview with a U.S. Citizenship and Immigration Services (USCIS) officer.

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


Yes. Generally, those with asylum or refugee status are allowed to apply for a Green Card, but there are some restrictions. The applicant must have been physically present in the United States for at least one year after being granted asylum or refugee status before they can apply for a Green Card. In addition, they must also meet certain income and asset requirements.

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


An asylum or refugee applicant can prove their eligibility for a Green Card by providing documents that prove their identity, nationality, and verification of their claim for asylum or refugee status. They must also submit to a credible fear interview to determine the validity of their claim. Additionally, applicants must provide evidence of their admissibility into the United States, such as proof of criminal background checks, proof of medical examinations, and any other required documents. If approved, they will receive an Employment Authorization Document (EAD) and a travel document allowing them to apply for a Green Card.

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 that of other types of immigrants. Asylum seekers must submit an application for asylum with the appropriate government agency. Refugee applicants must go through an extensive screening process conducted by the United Nations High Commissioner for Refugees (UNHCR) or a designated resettlement agency. This process includes a detailed review of the applicant’s background, including a security check and a review of the applicant’s refugee status determination. Other types of immigrants may have their applications processed by the Department of Homeland Security or U.S. Citizenship and Immigration Services (USCIS).

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. Individuals who have been granted asylum or refugee status can apply for a Green Card without having to leave the U.S., as long as they meet the eligibility criteria. They must file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services.

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


Yes. Some of the benefits of obtaining a Green Card as an asylum or refugee applicant include eligibility for government benefits, including income assistance programs, health care coverage, and vocational training; the ability to travel outside the United States and return without difficulty; the ability to petition for certain family members to get immigration status; and the ability to apply for U.S. citizenship after five years.

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


In order to become eligible for a Green Card, asylum and refugee status holders must first apply for and be granted Adjustment of Status. This is a process that requires them to file Form I-485 (Application to Register Permanent Residence or Adjust Status). They must also be admissible to the US, meaning they must meet the eligibility requirements of the US immigration laws.

In addition, all foreign nationals must demonstrate that they are not barred from receiving a Green Card based on any of the grounds of inadmissibility in Section 212 of the INA. This includes but is not limited to criminal background, public charge, health-related grounds, misrepresentation, fraud, and security concerns. Additionally, asylum and refugee status holders must demonstrate that they have been physically present in the US for at least one year prior to applying for the Green Card.

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


No, an individual cannot obtain a Green Card if they have been denied asylum or refugee status. The Green Card is given to individuals who qualify for one of the designated immigrant categories and have been issued an immigrant visa by the U.S. Department of State. Individuals who are denied asylum or refugee status are not eligible to apply for a Green Card.

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


The documents required to complete the Green Card application process vary depending on the basis for eligibility.

In general, you will be asked to provide proof of identity, birth certificate, passport photos, a copy of a valid passport, financial documents, and other records. Depending on the basis for eligibility, additional documents may be required.

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


No, there is no way to expedite the process of obtaining a Green Card for an asylum or refugee applicant. The process for obtaining a Green Card involves submitting an application and going through various security checks. Generally, it takes several months before a decision is made and a Green Card is issued.

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


Yes, there is a benefit to applying for a Green Card as soon as possible after being granted asylum or refugee status. This is because asylum or refugee status is only temporary and does not provide the same benefits of having a Green Card, such as the right to work, travel outside the US, and eventually apply for citizenship. A Green Card will provide these benefits and also be a more secure form of status.

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


There is no fee to apply for asylum, but there is a fee to apply for a Green Card as a refugee or asylum seeker. The current fee for Form I-485, Application to Register Permanent Residence or Adjust Status is $1,130. There may also be additional biometric services fees for applicants over 14 years old.

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, there are certain restrictions on travel outside the U.S. that apply to Green Card holders who were originally granted asylum or refugee status. These individuals must obtain a Re-entry Permit, Refugee Travel Document, or Advance Parole Document from the U.S. Citizenship and Immigration Services (USCIS) in order to return to the U.S. after traveling abroad. These documents must be obtained prior to the intended travel and will be valid for a specific length of time. Additionally, USCIS may limit the allowed duration of travel for these individuals even with a valid permit.

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 criminal records may be eligible for asylum or refugee status, depending on the crime committed. However, applicants must meet the eligibility criteria set by U.S. Citizenship and Immigration Services (USCIS) in order to be approved. Additionally, they may still need to obtain a waiver of inadmissibility to enter the United States or adjust their status to a permanent resident.

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?


If an individual holding asylum or refugee status does not file taxes as part of their Green Card application process, they may be denied permanent residence status in the US. Furthermore, it could trigger removal proceedings due to their failure to comply with US tax laws. Additionally, the individual could be subject to fines and penalties for any unpaid taxes.

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 to bring family members to the U.S. when applying for a Green Card through asylum or refugee status. Family members may be included in the application at the time of filing or added after the principal applicant has been granted asylum or refugee status.

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, there are limits on how long an individual can stay in the U.S. while waiting for their Green Card application to be processed. The maximum amount of time an individual can remain in the U.S. before their Green Card application is approved depends largely on their immigration status. For example, if an individual is in the U.S. on a valid nonimmigrant visa, they may be able to remain in the U.S. until their visa expires, at which point they must either depart the country or apply for an extension of stay. However, if they are in the U.S. illegally, they may be subject to deportation at any time and thus cannot remain in the country while their Green Card application is pending.

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 usually valid for 10 years. Before the expiration date, individuals must submit an Application to Replace Permanent Resident Card (Form I-90) to renew their Green Card.