If the United States has granted you asylum, you may qualify to apply for lawful permanent resident status, which is also known as getting a green card. The process through which this occurs is known as adjustment of status, and it lets asylum seekers transition from temporary legal status to permanent residency.
Eligibility for Adjustment of Status
If you are an asylee, you need to meet several requirements to qualify for adjustment of status, including the following:
You must have lived in the U.S. for at least one year after receiving asylee status before applying for adjustment of status.- You must continue to qualify as a refugee, meaning you still have a justifiable fear of being persecuted in your home country.
- You must not have established yourself in any other country after receiving asylum.
- You must qualify for admission under U.S. immigration law. This means you cannot have been convicted of certain crimes or have security issues that could make you ineligible.
- You need to merit a favorable exercise of discretion by the immigration authorities reviewing your case. This means showing positive equities such as community ties, family relationships, work history, and good moral character.
The Application Process
If you meet the eligibility criteria above as an asylee, you can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Here is what to expect:
Filing the Application
In addition to Form I-485, you will need to include:
- Filing fee or fee waiver request
- Biometrics (fingerprints and photo)
- Medical examination
- Your asylum approval documentation
- Other supporting documents
After USCIS accepts your application, you will receive notices to schedule your biometrics appointment and interview.
Biometrics Appointment
At your biometrics appointment, USCIS will take your photograph, signature, and fingerprints. These are used to conduct background checks during your application process.
Interview
The next step after completing your biometrics is to go through an interview with a USCIS agent. This interview is your chance to confirm all the details about your eligibility to adjust your status in person. The officer will ask questions about your background, reasons for seeking asylum, ties to the U.S., and other aspects of your case.
Thorough preparation will help you provide clear and accurate responses during the interview. Reviewing possible questions and answers ahead of time will help you have a productive discussion with the officer interviewing you.
Decision
After carefully considering your case and responses during the interview, the USCIS officer will make a formal decision regarding your application to adjust status. If approved, you will get lawful permanent residency and receive that coveted green card.
There may be certain conditions you must comply with to maintain permanent residency. If the decision is unfavorable for any reason, do not worry; there may still be options such as filing an appeal while addressing any of the officer’s concerns.
Important Steps for Applying
As an asylee, you must follow certain steps when applying for adjustment of status, including:
Confirm your eligibility. Review all requirements and talk with an attorney if you are not certain.- Compile documents that back up your application. These may include your passport, birth certificate, and your asylum approval letter.
- Complete Form I-485 accurately. Provide detailed answers to all questions.
- Submit biometrics as requested. Get fingerprinted and have your photo taken at the assigned location.
- Thoroughly prepare for your interview.
- Wait for the decision from USCIS. You may receive a request to provide more evidence.
- Comply with any permanent residency conditions if you are approved.
Turning to an experienced immigration attorney for guidance can greatly boost your chances of success.
Benefits of Adjustment of Status
Gaining permanent residency gives you important benefits and protections as an asylum seeker. These include:
- Opportunity to permanently reside and work in the U.S.
- Ability to apply for certain federal benefits
- Travel internationally with fewer restrictions
- Pathway to U.S. citizenship in the future
Adjusting your status helps you begin to fully integrate into American society after receiving asylum. It offers stability and the chance to plan your future, knowing you may legally reside in the country.
Overcoming Challenges
Despite the benefits, the adjustment of status process is full of challenges for asylum seekers.
Meeting Eligibility Rules
You must continue to meet all technical eligibility rules for adjustment of status, which can change over time. Staying up to date with these prerequisites is a necessity.
Providing Sufficient Evidence
Gathering enough supporting materials to satisfy adjudicators that you warrant permanent residency can be difficult and requires significant effort.
Affording Application Fees
The adjustment process has many fees that may be impossible for some asylum seekers to pay, depending on their financial situation.
Communicating Effectively in English
You will need to communicate clearly in English during your adjustment interview. If you are not fluent, bring a qualified translator to avoid issues.
Passing Background Checks
Any encounters with law enforcement or other issues that surface during background checks could ruin your application. It is smart to work with an attorney to consider potential problems.
Preparing for the Interview
Insufficient preparation for the adjustment interview often hurts applicants’ cases. Spend plenty of time studying expected questions and responses. These challenges show why a competent attorney maximizes your chances of successfully transitioning from asylum status to full lawful permanent residency.
Let Pride Immigration Help with Your Adjustment of Status Application
Pride Immigration’s attorneys are familiar with the obstacles asylum seekers encounter when applying for adjustment of status.
We have deep knowledge of all technical requirements related to the process and will help you through each step, from assessing your eligibility to representing you in interviews, to giving you the greatest chance of approval. Contact us today at (703) 594-4040 or online to book an appointment.
Beeraj Patel, Esq.
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