Green Card after Asylum

Green Card after Asylum

Global Allianz Law Firm LLP has the expertise to file your application for Permanent residency (PR Card) through asylum.

What is Asylum? Under Asylum a person prosecuted for his/her political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country. If you are such a person who has been granted asylum in the US, then you can apply for PR Card. Besides this, if you are a family member of a person who has been granted Asylum in the US, then you are also eligible for the Permanent Resident Card.

Eligibility:-

  1. You should have spent at least 1 year in the US after being granted asylum.
  2. You should meet all the characteristics of an Asylee.
  3. You should not have abandoned the Asylee Status.
  4. You should not be resettled in any other foreign country.

If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 years of age and unmarried.

Permission to Work in the United States You cannot apply for permission to work (employment authorization) in the United States at the same time when you apply for asylum.

You may apply for employment authorization if:

  1. 150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview); AND
  2. No decision has been made on your application.

If you are granted asylum you may work immediately. Some Asylee choose to obtain Employment Authorization Documents (EADs) for convenience or identification purposes, but an EAD is not necessary to work if you are an Asylee. To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum.

Bringing Your Family to the United States If you are granted asylum you may file petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried.

You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee to file this petition.

Filing for Permanent Residence (Green Card) You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.

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