- The US Citizenship and Immigration Services published eligibility requirements for asylum seekers who want to obtain a Green Card
- Asylees must have been physically present in the United States for at least one year after being granted asylum status before they can apply
- USCIS also clarified which grounds of inadmissibility apply to asylees and which can be waived during the adjustment of status process
The United States Citizenship and Immigration Services (USCIS) has outlined the specific conditions that asylum seekers must satisfy before they can apply for a Green Card, offering a clearer picture of the path from asylum status to lawful permanent residence.
The process, formally known as “adjustment of status,” is available to asylees who are already physically present in the United States and wish to become lawful permanent residents.
Source: UGC
US Green Card: Who Qualifies to Apply
According to USCIS, an asylee becomes eligible to apply for a Green Card only after spending at least one year in the United States following the official grant of asylum status.
The asylum grant must have come from USCIS, the former Immigration and Naturalisation Service, an immigration judge under the Executive Office for Immigration Review, the Board of Immigration Appeals, or a federal court.
Beyond the one-year physical presence requirement, applicants must continue to meet the definition of a refugee at the time of filing, or qualify as the spouse or child of a refugee. They must not have firmly resettled in any other country, and their original asylum grant must still be valid and unterminated.
Applicants are also required to be admissible to the United States or eligible for a waiver, and USCIS must determine that approval is warranted based on the individual circumstances of each case.
US Green Card: How the Application Works
Eligible asylees apply by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, while physically present in the country. USCIS has emphasised that applicants should read the form’s instructions carefully before filing.
The agency also addressed the question of inadmissibility, noting that while most grounds of inadmissibility listed under INA 212(a) apply generally, certain grounds do not apply in the specific context of asylee adjustment. In some situations, grounds that would ordinarily block an application may be waived through Form I-602, Application by Refugee for Waiver of Grounds of Excludability.
USCIS noted that whether a waiver is available depends on the specific inadmissibility ground involved and the category under which the applicant is adjusting, with eligibility requirements varying from case to case.
Source: Legit.ng