Asylum seekers in the United States are often faced with a challenging and uncertain journey to achieve permanent residency. One significant milestone on this path is obtaining a green card, which grants individuals permanent resident status. For those who have been granted asylum, the opportunity to apply for a green card is a crucial step in their journey toward establishing a secure and stable life in the U.S.
However, the process of obtaining a green card based on asylum status can be lengthy and complex. In this article, we will discuss how long it typically takes to obtain an asylum green card, the factors that influence the processing time, the steps involved, and the challenges applicants might face along the way.
What is an Asylum Green Card?
Before delving into the timeline of obtaining an asylum green card, it is important to understand what an asylum green card is and who qualifies for it. An asylum green card is issued to individuals who have been granted asylum in the United States and wish to transition from temporary protected status to permanent resident status.
Asylum is a form of international protection granted to individuals in the U.S. who have fled their home countries due to fear of persecution. This persecution can be on the basis of race, religion, nationality, political opinion, or membership in a particular social group. When granted asylum, an individual is allowed to stay in the U.S. and can eventually apply for a green card to become a lawful permanent resident.
The process of obtaining a green card after being granted asylum is available to both those who are already in the U.S. and those who are abroad. However, there are specific waiting periods and eligibility requirements that must be met before an individual can submit a green card application.
Eligibility for an Asylum Green Card
Not everyone who is granted asylum is eligible to apply for a green card. In order to qualify for a green card through asylum, applicants must meet the following requirements:
Grant of Asylum Status: The applicant must have been granted asylum by the U.S. government, either through an affirmative asylum application or through a defensive asylum process (after a hearing before an immigration judge).
One-Year Waiting Period: An applicant must wait for at least one year from the date of being granted asylum before applying for a green card. This one-year waiting period is a requirement to prevent individuals from rushing the process and to ensure that they have established a solid case for permanent residency.
Continuous Physical Presence: The applicant must have maintained continuous physical presence in the U.S. since being granted asylum. This means that the individual cannot have left the U.S. for extended periods without proper authorization, as this could jeopardize their eligibility for a green card.
Good Moral Character: The applicant must demonstrate good moral character during their time in the U.S. This includes adhering to U.S. laws and regulations, avoiding criminal activity, and not engaging in behavior that could render them ineligible for permanent residency.
No Bars to Adjustment of Status: Certain individuals may be barred from adjusting their status to permanent residency. For example, individuals who have been convicted of serious crimes or who have violated immigration laws may face challenges in obtaining a green card.
Once an individual meets these criteria, they are eligible to begin the process of applying for a green card.
Steps to Apply for an Asylum Green Card
The process of applying for a green card after being granted asylum involves several steps. These steps are essential for obtaining permanent residency and include completing the necessary forms, submitting supporting documents, and attending interviews. Here is a breakdown of the process:
Step 1: Complete Form I-485
The first step in the process is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used by individuals seeking to adjust their status from an asylee to a lawful permanent resident. The form requires applicants to provide detailed information about their personal history, immigration status, and the basis for their asylum claim.
Along with Form I-485, applicants must also submit supporting documents, including:
- A copy of the asylum approval notice.
- A government-issued identification (e.g., passport or birth certificate).
- Proof of continuous residence in the U.S. since being granted asylum.
- Any documents that support good moral character, such as police records or employment records.
Step 2: Submit Biometric Information
After submitting Form I-485, applicants will be scheduled for a biometrics appointment. During this appointment, applicants are required to provide fingerprints, photographs, and a signature. These biometrics are used to conduct background checks and ensure that the applicant does not have a criminal history or other disqualifying factors.
The biometrics appointment is typically scheduled within a few weeks of submitting the application.
Step 3: Attend the Adjustment of Status Interview
In some cases, applicants may be required to attend an in-person interview with a USCIS officer. During this interview, the officer will review the applicant’s asylum history, the information provided in Form I-485, and any supporting documents. The officer may also ask questions to verify the applicant’s eligibility for a green card.
However, it’s important to note that not all applicants are required to attend an interview. In some cases, USCIS may waive the interview requirement if the application is straightforward and there are no issues with the applicant’s case.
Step 4: Wait for USCIS Decision
Once the interview (if required) is completed, applicants must wait for a decision on their green card application. The decision can take several months, and applicants will be notified of the outcome in writing. If the application is approved, the applicant will receive their green card and be granted permanent resident status.
If the application is denied, the applicant will be informed of the reasons for the denial and may have the opportunity to appeal the decision or file a motion to reopen the case.
How Long Does It Take to Get an Asylum Green Card?
The time it takes to obtain an asylum green card can vary depending on several factors, including processing times, the applicant’s individual case, and USCIS workload. On average, the process of obtaining a green card after being granted asylum can take anywhere from 12 months to 24 months, or even longer in some cases.
Factors Affecting Processing Time
Several factors can influence how long it takes for an individual to receive their asylum green card. These factors include:
USCIS Backlog: USCIS processes a large volume of applications each year, and processing times can be delayed due to backlogs in the system. Delays are particularly common during periods of high demand or when USCIS is understaffed.
Completeness of Application: The completeness and accuracy of the application can impact processing time. If an applicant submits incomplete or incorrect information, USCIS may need to request additional documentation or clarification, which can delay the process.
Interviews and Additional Reviews: In some cases, applicants may be required to attend an interview or undergo additional background checks, which can add time to the processing period. Additionally, if an applicant has a complex case or if there are issues with their asylum claim, the application may require more time for review.
Security Clearances: Asylum green card applicants are subject to thorough background checks, including security and criminal record clearances. Any issues with these clearances could delay the approval process.
Changes in Immigration Policy: Changes in U.S. immigration policy or shifts in the political landscape can affect processing times and eligibility requirements for asylum green card applicants. For example, new executive orders or changes in law could introduce additional requirements or extend waiting periods.
USCIS Processing Times
USCIS provides estimated processing times for Form I-485 on their website, which can be used to gauge the approximate waiting period for your application. However, it is important to keep in mind that these times are subject to change based on the factors mentioned above.
In general, applicants for an asylum green card should expect a waiting time of between 12 and 24 months. However, in some cases, the process may be faster or slower depending on the specific circumstances.
Common Challenges in the Asylum Green Card Process
While the process of obtaining an asylum green card is relatively straightforward, applicants may encounter challenges along the way. These challenges can delay the application process and create additional stress for individuals seeking permanent residency.
Some common challenges include:
Delays Due to Security Checks: Security checks are a routine part of the asylum green card application process. However, if there are issues with an applicant’s background check or if additional information is needed, it can significantly delay the approval process.
Complicated Cases: Applicants with complicated asylum histories or who have received asylum based on specific claims may face additional scrutiny during the review process. USCIS may request additional documents or evidence, which can extend the timeline.
Changes in Circumstances: If an applicant’s circumstances change during the application process, such as a change of address, marital status, or employment situation, they must promptly notify USCIS to avoid delays.
Denials and Appeals: If an asylum green card application is denied, the applicant may need to appeal the decision or file a motion to reopen the case. This can add significant time to the process and requires careful attention to legal procedures.
Conclusion
Obtaining a green card after being granted asylum is an important step in securing permanent residency in the United States. While the process can be lengthy, typically taking between 12 and 24 months, understanding the eligibility requirements, the steps involved, and the factors that influence processing times can help applicants navigate the process more efficiently.
While applicants should expect delays and potential challenges, following the correct procedures and submitting a complete and accurate application can increase the likelihood of a smooth and timely green card approval. If you are considering applying for an asylum green card, it is essential to remain patient and stay informed about the status of your application to ensure the best possible outcome.
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