Everyone who wants to live in the U.S. has a question – how to get a Green Card or become a Permanent Resident? There are a lot of categories for people to apply for the Green Card, such as through Family Petition, Employment, Human Trafficking, and Crime Victims, Refugees, Asylee, and many others.
Here, we will discuss how to get the Green Card through Asylum Status. Once the immigrant gets an approval after the Immigration Interview or Immigration Court, this immigrant receives Asylum Status. The immigrant can apply for a Green Card after one year (12 months) since Asylum Status approval.
The person who applies for Asylum and was granted it is called the principal applicant. Spouse, child (-ren) are the derivatives. If the derivatives were in the U.S and were included in the I-589 form, they would be able to apply for the Green Card as well.
The principal applicant and the derivative have to submit their own applications and documents. The documents may vary based on the case. But, in general, the applicant needs to complete the Form I-485 (https://www.uscis.gov/sites/default/files/document/forms/i-485-pc.pdf), make 2 passport photos, submit copies of birth, marriage, and divorce certificates (if any), passport with a visa and stamp (as a confirmation that the person legally crossed the border), Asylum Status granted documents, form I-693 Report of Medical Examination and Vaccination Record (https://www.uscis.gov/sites/default/files/document/forms/i-693.pdf). Also, if the immigrant violated any terms, was arrested, convicted, the applicant should submit a certified copy from the appropriate authority, such as a court disposition or any other confirmation that the case was dismissed. If the applicant needs to apply for any sort of waiver, please contact an immigration attorney for details.
After the applicant submits the application, documents, and medical exam, the USCIS will send the receipt number. The applicant can track the process using this receipt number online (https://egov.uscis.gov/casestatus/landing.do). The next step is the fingerprint notice and appointment. The USCIS will schedule the appointment and send the notice to the applicant. If the applicant cannot come to the scheduled date and time, the applicant may reschedule it and wait for a new one. After that, the applicant should wait for the officer’s decision. The officer can approve the application, deny it, ask for additional documents, or schedule an interview.
If the officer approves the application, the applicant will receive the Green Card by mail within 30 days after the approval notice. If the officer denies the application, the applicant will receive a detailed explanation of that decision. The officer can request additional documents, such as a certified police report, disposition, confirmation that the case was dismissed, a fine was paid, etc. Also, the medical exam has an expiration date, so the officer may request a new medical examination and vaccination report. The officer always provides enough time to collect the additional documents and submit them to the USCIS. If the officer has any questions regarding the applicant’s documents or asylum case, the officer will schedule the interview. It is always good to have the attorney at the interview as well. The officer can ask anything about your asylum case, documents, criminal case (if any), or if the applicant renews his/her travel passport from his/her original country. If so, the officer may be interested in why did the applicant flee his/her country, apply for asylum and renew that country’s travel passport?
If the applicant moved from one place to another one, the applicant should notify the USCIS about the address change within 10 days of moving to a new location. The applicant can do it online or complete the form and mail it to the USCIS (https://www.uscis.gov/sites/default/files/document/forms/ar-11.pdf). Also, the applicant can submit a Mail Forward Service via the USPS website to make sure to get all mail to the new location.
Once the applicant receives the Green Card, the applicant is responsible to maintain the valid Green Card and has to have it in their possession at all times. The applicant can use the Green Card instead of an Employment Authorization Card, apply for a Social Security Card and Driver License. If the applicant already has the SSN with a record VALID FOR WORK ONLY WITH DHS AUTHORIZATION, the applicant needs to visit the closest Social Security Administration, bring the Green Card, and apply for a new SSC without this record. The same happens with the driver’s license. If the applicant’s driver’s license has a limited term based on the applicant’s Employment Authorization Card, the applicant needs to visit the local DMV office and apply for a new driver’s license without limitation.
If the applicant leaves the U.S. for long period of time (1 year and more), the applicant needs to get a Reentry Permit before the trip. Otherwise, the applicant may lose the Permanent Resident Status. The applicant can lose the Green Card, if he/she marks himself/herself as “Nonimmigrant” on tax returns forms or has serious criminal case and the Immigration Judge will make a decision to terminate the Lawful Permanent Residence Status (consult with your attorney).
The applicant’s Green Card based on Asylum Status is valid for 10 years. The applicant may renew it 90 days before its expiration date or apply for Citizenship after 4 years 9 months since the date of Permanent Residency (the exact date is on the Green Card).
*For informational use only.
Photo by Anete Lusina
