How Does an Asylee Apply for Permanent Residence?
How Does an Asylee Apply for Permanent Residence?
Those who have been admitted to the US as asylees have the option of applying for legal permanent resident status after remaining in the US for one year after receiving asylum. Legal permanent residency provides more protections and rights than asylee status, so it may be in an individual's best interests to apply for permanent residence once he or she meets the eligibility criteria.
Eligibility Requirements
In order for asylees to be eligible to apply for legal permanent residence status, they must meet four conditions:
- Asylees must have been physically present in the US for one year following the grant of asylee status.
- Asylees must continue to meet the definition of a refugee. A refugee is defined under US immigration laws as a person who is unable or unwilling to return to his or her home country because of past persecution or a well-founded fear of future persecution based on his or her race, religion, nationality, membership in a particular social group or political opinion.
- Asylees may not have abandoned his or her status. This could happen if the asylee left the US for an extended period of time or returned to his or her home country.
- Asylees may not have been firmly resettled in any other foreign country. "Firmly resettled" means that the asylee has entered another country and received an offer to remain there as a permanent resident, citizen or other type of permanent resettlement.
Once asylees meet these eligibility requirements, then they can file for legal permanent residence.
Filing Process
Asylees seeking permanent resident status must file an Application to Register Permanent Residence or to Adjust Status (Form I-485) with the US Citizenship and Immigration Services (USCIS). Currently, it takes the USCIS anywhere between 9-12 months to process these applications.
As part of the application process, asylees must provide the following information with their applications:
- Evidence of their asylee status (this could include a copy of the asylee's I-94 form or a copy of the letter granting asylum)
- Evidence of the asylee completing one year of residence in the US (this could include a copy of a lease, a letter from an employer, a school record or other document showing the asylee has been in the US for the required time period)
- Evidence of any absences from the US during the one year of residence, such as travel stamps in the asylee's passport or other travel documents
The asylee also will need to provide a copy of his or her birth certificate, or if none exists, a document serving as a birth record. If the asylee has married or otherwise changed his or her name legally since entering the US, he or she will need to provide evidence of the name change.
Applicants also will have to provide a completed Medical with Vaccination Supplement form (I-693) with their permanent residence status. This form must be completed by an USCIS-approved US doctor. For a list of available doctors to complete this form, contact the USCIS.
Asylees may be required to provide other documentation in addition to that listed here. It is important to fill out the application completely and provide all of the information requested. Any failure to do so can result in a delay in processing. For more information on applying for permanent residence, contact an experienced immigration attorney.
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