Green card as an Asylee or Refugee

If you were granted Asylum or Refugee status in the United States then you have a path to receiving your greencard. If you fall under the following categories, you may be eligible to apply for a green card as a second preference immigrant worker.

  • You were granted asylum status at least 1 year ago
  • You were granted refugee status at least 1 year ago

To apply as an asylee or refugee, you must meet certain criteria and provide credible evidentiary documentation that are currently in the United States and you continue to hold the refugee or asylee status. If you meet all filing and eligibility criteria, you can move forward with filing an Adjustment of Status. In this case, the only path to a green card would be filing of the Form I-485 Application for Adjustment of Status because you should be in the United States as a result of fleeing persecution in your home country.

Adjustment of Status Process

If you are located in the United States, you may be able to submit an adjustment of status application. Generally, this involves submitting the petition and the adjustment of status application, attending a biometrics appointment and then the final interview some months or years later. During the process you should be on the look out for any requests for more evidence, called RFEs. Failure to respond to these may cause a delay or denial of your application.

Before applying for the green card through the adjustment of status process you should make sure that this is the right process for you. For instance, verify that there are no admissibility issues. Consider applying for employment authorization (if necessary) and advanced parole. Advanced parole will allow you to travel outside of the United States during the adjustment of status application process. Each of the pieces of this process can get complicated. If you miss something or make mistakes, it could mean a delayed process or even a denial. It is important to tread carefully and be meticulous through this process.

When considering whether to go through with this type of green card application, it is important to take other circumstances and factors into consideration. Failing to do this may cause complications during the application process. For instance, any facts that involve previous denials, past immigration and criminal violations, previous marriages that involved filings, entry with other types of visas, tax issues, visa overstays, and previous employment in the United States can be just as important as the basic eligibility criteria. A single criminal violation, whether a misdemeanor or more serious, can lead you to be inadmissible to the United States, which may require additional steps to get a green card, such as a waiver.

It is important to consult an experienced immigration attorney to assist you with your case. An attorney will assist with applying for the labor certification, with preparing the petition, assist with gathering evidence, and advocate vigorously for you during the process. Here at ST Law Office, I have dedicated my practice solely to immigration matters. I vigorously advocate no matter how simple or complicated the matter. Don’t hesitate to call us at 561-405-4889 or to schedule your initial phone, online or in-person consultation now.