News & Insights

Steps to Request

1. Legal Background

The Immigration and Nationality Act (INA) governs the process for asylees applying for a Green Card. Specifically, INA §209(b) allows individuals granted asylum to adjust their status to that of a lawful permanent resident after one year, provided they meet certain requirements. Federal regulations, including 8 CFR §209.2, and USCIS’s policy manuals provide additional guidance on eligibility criteria and the application process.

2. Eligibility Requirements

• To apply for a Green Card as an asylee, you must:
  • Be physically present in the U.S. for at least one year since being granted asylum.
  • Continue to meet the definition of a refugee (i.e., have not engaged in activities that disqualify you from asylum).
  • Not have firmly resettled in another country.
  • Be admissible to the U.S. or eligible for a waiver of inadmissibility.

3. Documents You Need

• To apply for a Green Card as an asylee, you must:
  Here is a checklist of essential documents for your Green Card application:
  • Form I-485: Application to Register Permanent Residence or Adjust Status.
  • Form I-94: Arrival/Departure Record showing your grant of asylum.
  • Asylum Approval Notice: Copy of the notice confirming your asylum grant.
  • Proof of Physical Presence: Evidence that you have been in the U.S. for at least one year since receiving asylum (e.g., rent receipts, pay stubs, or school records).
  • Form I-693: Report of Medical Examination and Vaccination Record, completed by a USCIS-authorized doctor.
  • Two Passport-Style Photos: Meeting USCIS photo specifications.
  • Government-Issued ID: Copy of your passport, even if expired, or another form of identification.
  • Filing Fee or Fee Waiver Request: The filing fee is $1,140, plus an $85 biometrics fee, unless you qualify for a fee waiver (use Form I-912).
  • Other Supporting Documents: Evidence of continued refugee status, criminal record disclosures (if applicable), and affidavits, if necessary.

4. Do You Need a Lawyer?

• While hiring a lawyer is not mandatory, having one can be extremely helpful, especially if:
  • You have a complex immigration history.
  • You’ve had any criminal issues since your asylum was granted.
  • You’re unsure about meeting the eligibility criteria or documenting your application properly.
  • A lawyer ensures your application is accurate and complete, which minimizes delays or risks of denial.

5. Filing Process

• Complete Form I-485: Ensure all fields are filled out accurately and attach the required documents.
  • Pay Filing Fees or Submit a Fee Waiver: Make sure to include the correct payment or Form I-912 if requesting a waiver.
  • Submit Your Application: Send your completed application to the appropriate USCIS address based on your location (check the USCIS website for specifics).
  • Attend Biometrics Appointment: USCIS will notify you of the date and location for fingerprinting.
  • Respond to Requests for Evidence (RFEs): If USCIS needs more information, respond promptly.
  • Interview (if required): Some applicants may be called for an interview; bring originals of all submitted documents.
  • Wait for Decision: USCIS will mail you the decision or request additional information if necessary.