The status of asylum in the United States is a critical aspect of immigration law, providing protection to individuals who have fled their home countries due to fear of persecution. Asylum seekers often undergo a rigorous process to obtain legal status, but many questions persist regarding their rights and privileges once granted asylum. One common inquiry is whether an individual granted asylum is considered a permanent resident in the United States. To answer this question comprehensively, it is essential to delve into the legal framework surrounding asylum, the rights and benefits conferred upon asylees, and the distinction between asylum status and permanent residency.
Understanding Asylum Status
Asylum is a form of protection granted to individuals in the United States who have been persecuted or fear persecution in their home countries based on race, religion, nationality, membership in a particular social group, or political opinion. The process of seeking asylum involves demonstrating a well-founded fear of persecution and meeting other eligibility criteria outlined in U.S. immigration law.
Upon approval of an asylum application, individuals are granted asylum status, which allows them to remain in the United States and seek protection from persecution. Asylees are eligible for certain benefits and protections, including the right to work, access to social services, and the possibility of obtaining lawful permanent residency, commonly known as a green card.
Distinction Between Asylum Status and Permanent Residency
While asylum status affords certain protections and benefits, it is distinct from permanent residency in the United States. Asylees are not automatically granted permanent residency upon being granted asylum. Instead, they must navigate a separate process to obtain permanent resident status, commonly through adjustment of status or consular processing.
Permanent residency, often referred to as a green card, grants individuals the right to live and work permanently in the United States. It also provides a pathway to citizenship through naturalization after meeting certain eligibility requirements, such as continuous residence and good moral character.
Rights and Benefits of Asylees
Although asylees are not considered permanent residents by default, they enjoy various rights and benefits under U.S. immigration law. These include:
1. Right to Work: Asylees are authorized to work in the United States immediately upon being granted asylum status. They can obtain a Social Security Number and pursue employment opportunities without restrictions.
2. Access to Social Services: Asylees are eligible for certain social services and benefits, including Medicaid, refugee cash assistance, and resettlement assistance. These resources help support asylees as they rebuild their lives in the United States.
3. Family Reunification: Asylees can petition for derivative asylum status for their spouse and unmarried children under 21 years old. This allows eligible family members to obtain asylum status and remain in the United States with the principal asylee.
4. Travel Authorization: Asylees can apply for travel documents, such as Refugee Travel Documents (Form I-131), which allow them to travel internationally and return to the United States without jeopardizing their asylum status.
5. Pathway to Permanent Residency: Perhaps the most significant benefit for asylees is the opportunity to pursue permanent residency in the United States. While not automatic, asylees can apply for adjustment of status to obtain a green card after meeting certain eligibility requirements.
Pathway to Permanent Residency for Asylees
Asylees who wish to become permanent residents in the United States must follow specific procedures outlined by U.S. Citizenship and Immigration Services (USCIS). The most common pathway to permanent residency for asylees is through adjustment of status, which involves applying for a green card while remaining in the United States.
To be eligible for adjustment of status as an asylee, individuals must meet the following criteria:
1. One-Year Residency Requirement: Asylees must have been physically present in the United States for at least one year after being granted asylum status.
2. Admissibility: Asylees must be admissible to the United States, meaning they have not engaged in certain criminal activities or violated immigration laws that would make them ineligible for permanent residency.
3. Continued Eligibility for Asylum: Asylees must continue to meet the criteria for asylum, including maintaining their well-founded fear of persecution based on a protected ground.
4. Good Moral Character: Applicants for adjustment of status must demonstrate good moral character, which typically involves avoiding criminal conduct and adhering to U.S. laws and regulations.
5. Eligibility Category: Asylees applying for adjustment of status must qualify under one of the eligible immigrant categories, such as immediate relatives of U.S. citizens or employment-based preferences.
Once an asylee’s application for adjustment of status is approved, they receive lawful permanent residency in the form of a green card. From there, they can live and work in the United States indefinitely and eventually pursue citizenship through naturalization if they meet the eligibility requirements.
Conclusion
While an asylee is not automatically considered a permanent resident upon being granted asylum status, they have the opportunity to obtain permanent residency through adjustment of status. Asylees enjoy certain rights and benefits in the United States, including the right to work, access to social services, and the ability to petition for family members. The pathway to permanent residency offers asylees the chance to establish roots in the United States and build a future free from fear of persecution in their home countries. Understanding the distinctions between asylum status and permanent residency is essential for navigating the complexities of U.S. immigration law and achieving long-term stability in the United States.
