Asylum Based Green Card
Foreign nationals may submit an Adjustment of Status application to become a Lawful Permanent Resident at least one year after having been granted asylum in the Unites States.
A foreign national who is physically present in the United States may be eligible to apply for Asylum if he/she can establish that they cannot return to their homeland either because of past persecution or well founded fear of persecution based on race, religion, ethnicity, political opinion or membership in a particular group. Asylum application can be filed affirmatively or defensively. A foreign national who fear returning to their homeland and is not currently in removal proceedings can file for asylum affirmatively. However, foreign national who in currently in removal proceedings and fear returning to their homeland may submit request for asylum to the Immigration Judge as a defense to their removal from the U.S. The asylum application process involves strict procedures and deadlines.
Upon approval of asylum, the applicant’s spouse and children will have the fundamental right to remain in the United States and will become eligible to apply for Adjustment of Status or a green card in one year. However, it is pertinent to mention here that the applicant may no longer qualify for asylum status with the right to remain permanently in the United States if country conditions change in their home country or he/she does not meet the definition of refugee due to changed circumstances.
Further, the applicant may lose their asylum status if he/she returns to the home contrary after being granted asylum in the United States. However, individuals who have a family emergency, such as a critically ill or dying relative, in the home country may not trigger scrutiny after they travelled to their home country. If you are one of those applicants who are considering filing a green card application based on approved asylum, please contact us to discuss your specific situation.
To qualify for a green card based on asylum, an applicant must meet the following requirements:
- Have been physically present in the United States for atleast one year after having been granted asylum status
- Have not abandoned asylee status
- Must be admissible to the United States. However, in certain situations a waiver of inadmissibility can also be obtained.
- Continue to meet the definition of a refugee.
An Applicant can apply for a green card on Form I-485, Application to Register Permanent Resident or Adjustment of Status. The applicant’s spouse and children are required to submit a separate application and supporting documentation regarding their own eligibility.
At The Ahluwalia Firm, our emphasis is on:
- providing careful review of your personal circumstances
- confirming eligibility for asylum and determining the appropriate strategy
- providing careful coordination of all correspondence with government agencies
- ensuring a service-delivery model that meets and exceeds your satisfaction
For additional information about our ability to assist you in obtaining a green card through asylum, contact us for reliable advice.