Asylee
or Refugee Seeking Lawful Permanent Resident (LPR)
Status
Overview
A refugee
or asylee may apply for permanent resident status
in the United States (U.S) one year after being granted
asylum or refugee status. If you are a refugee, you
are required by law to apply for permanent resident
status one year after being granted/entering the U.S.
in refugee status.
If you are
an asylee, you are not required to apply for permanent
resident status after being granted asylum for one
year. However, it may be in your best interest to
do so.
What are the basic requirements
to apply for permanent resident status as an asylee
or refugee?
If you are
a refugee, you may be able to apply for permanent
resident status one year after you are admitted to
the U.S. as a refugee and you:
- Have been physically present
in the U.S. for at least one year after being
admitted as a refugee;
- Or to be the spouse or child
of a refugee;
- Have not abandoned your refugee
status; and
- Have not had your refugee
admission terminated.
If you are
an asylee, you may be able to apply for permanent
resident status one year after you are granted asylum
and you:
- Have been physically present
in the U.S. for at least one year after being
granted asylum;
- Continue to meet the definition
of a refugee;
- Have not abandoned your status;
and
- Are not firmly resettled in
any foreign country.
To apply for
permanent resident status, file the Form I-485, Application
to Register Permanent Residence or to Adjust Status.
While your
I-485 is pending, you are permitted to travel outside
the U.S.; however you must have a valid Refugee Travel
Document to reenter the country. You can apply for
a refugee travel document by filing with the USCIS
the appropriate application. NOTE: Due to
new security procedures, allow 150 days prior to beginning
travel to obtain a travel document.
As an asylee,
you are authorized to work in the United States incident
to your status.
Derivative Asylees
If you are
filing for adjustment as an asylee who was granted
derivative asylum status, you must prove that your
relationship to the principal asylee still exists.
When filing, give the A-number of your spouse or parent
who was granted asylum and include:
- Proof of the relationship
(for example: marriage certificate, divorce/death
certificates for any current or prior spouse,
birth certificate showing principal alien as your
parent)
- A copy of the letter granting
you derivative asylee status either on the basis
of having been included on the principal’s
original asylum application or on the basis of
having been the beneficiary of an I-730 petition
filed by the principal.
If you were
granted derivative asylee status as the child of
an asylee and you are now over age 21 and are unmarried,
you should contact the nearest asylum office and
request information on filing a "nunc pro tunc"
asylum application (using Form I-589). You may apply
for adjustment of status after you have been physically
present in the United States for a period of one
year after the date you were granted asylum status.
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