To apply for a green card and adjust your status to lawful permanent resident you have to live in the United States for one year since your grant of asylum. If you were the primary applicant, and your spouse and children obtained a derivative grant of asylum through you, they are also eligible to move from asylum status to green card at this time.
In case of a divorce, a derivative spouse may file a separate application for asylum through USCIS Form I-589 and have it approved retroactively (nunc pro tunc). Once the nunc pro tunc application is approved, the divorced derivative spouse of an asylee may submit the application for adjustment of status.
The one year period during which you are required to stay in the United States starts from the date when you got your final approval of asylum. If you want to start working while waiting for a green card, you need to obtain an Employment Authorization Document. To do so, you need to file Form I-765 with the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS).
In this article, we will present everything you need to know about moving from asylum status to green card and why it is important to apply for permanent residence as soon as possible.
Although asylees are not required to apply for legal permanent resident status to continue their life and work in the United States, it is in your best interest to apply for a green card as soon as you become eligible. This way you will obtain many benefits that are not available to asylees.
One of the main benefits that are only available to legal permanent residents is becoming a naturalized United States citizen. Also, the United States government may revoke your asylee status along with your right to stay in the United States if:
There are several conditions you must meet in order to apply for a green card:
You need to mail Form I-485, Application to Register Permanent Residence or to Adjust Status to USCIS and pay the requisite fees. Here is the list of supporting documents you need to mail along with the Form I-485:
It is critical to make sure that each document in a foreign language includes a complete translation into English.
To apply for a green card, your spouse and children must have been in the United States for at least a year after they were granted derivative asylum. You need a separate Form I-485, along with supporting documents we have already talked about, for each member of your family. You must also submit:
Keep in mind that your derivative family members can apply independently, even if you are yet to apply.
After you file your application, you will have to wait to receive a written notice to visit an Application Support Center for your biometrics appointment. There you will have your fingerprints, photograph, and signature taken. Using this information, USCIS will run a background check on you.
Most legal permanent status applications do not require an interview. However, you may be called for an interview at your local USCIS office some months later if there are questions about your eligibility or application. It is very important to bring originals of all the documents you submitted, as well as their official English translations. Within a few months after the interview, you will receive a written decision regarding your application.
If you find yourself facing problems with your application, remember that it is very important to have strong legal representation. Contact immigration lawyer Chicago if you need any guidance with your immigration case.