lareddepathways.com – Applying for a Green Card as a refugee or asylee involves a series of steps and requirements that are specific to each individual’s status. This guide will provide a detailed overview of the process, eligibility criteria, and necessary documentation for both refugees and asylees seeking to obtain a Green Card in the United States.
Eligibility Criteria for Refugees
Refugees who wish to apply for a Green Card must meet several criteria:
- They must have been admitted to the U.S. as a refugee under section 207 of the Immigration and Nationality Act (INA).
- They must be physically present in the U.S. when they file Form I-485, Application to Register Permanent Residence or Adjust Status.
- They must have been physically present in the U.S. for at least one year after their admission as a refugee.
- Their refugee status must not have been terminated.
- They must not have already acquired permanent resident status.
- They must be admissible to the U.S. for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
Application Process for Refugees
The application process for refugees includes the following steps:
- File Form I-485: Refugees must file Form I-485 to apply for a Green Card. They do not need to pay the Form I-485 filing fee or the biometric services fee.
- Submit Required Documentation: This includes proof of admission as a refugee, evidence of one-year physical presence in the U.S., two passport-style photographs, a copy of their government-issued identity document with photograph, and other relevant documents.
- Medical Examination: All refugee-based adjustment applicants must submit the vaccination record portion of Form I-693. Only applicants with “Class A” medical conditions must repeat the medical examination and submit a complete Form I-693.
Eligibility Criteria for Asylees
Asylees can apply for a Green Card one year after being granted asylum. They must meet the following criteria:
- They must have been granted asylum in the U.S.
- They must have been physically present in the U.S. for at least one year after being granted asylum.
- They must not have already acquired permanent resident status.
- They must be admissible to the U.S. for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
Application Process for Asylees
The application process for asylees includes the following steps:
- File Form I-485: Asylees must file Form I-485 to apply for a Green Card. They do not need to pay the Form I-485 filing fee or the biometric services fee.
- Submit Required Documentation: This includes proof of asylum status, evidence of one-year physical presence in the U.S., two passport-style photographs, a copy of their government-issued identity document with photograph, and other relevant documents.
Additional Considerations
- Admissibility and Waivers: Refugees and asylees must be admissible to the U.S. Certain grounds of inadmissibility do not apply to refugee adjustments, and some grounds of inadmissibility may be waived for refugees applying for adjustment of status.
- Visa Availability: Refugees and asylees must also consider visa availability. If there are no immigrant visas available for their country or preference category, they may have to wait until a visa becomes available.
Conclusion
Applying for a Green Card as a refugee or asylee is a complex process that requires careful attention to eligibility criteria and documentation. By understanding the specific requirements and following the outlined steps, refugees and asylees can navigate the process more effectively and work towards obtaining lawful permanent resident status in the United States.