Granted Asylum Adjustment of Status(AOS)
My Asylum was granted. As an Asylee when can I apply for the green card?
You must be physically present in the United States for at least one year after being granted asylum to be eligible to apply for a green card.
What are the requirements for granted asylum-based Adjustment of Status?
Here are the key requirements for asylum-based adjustment of status:
- One-Year Residency Requirement: As an asylee, you must have been physically present in the United States for at least one year after being granted asylum.
- Continued Eligibility: You must continue to meet the definition of a refugee, meaning you have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
- Form I-485, Application to Register Permanent Residence or Adjust Status: To apply for a green card based on asylum, you need to submit Form I-485 to U.S. Citizenship and Immigration Services (USCIS). This form is the application for adjustment of status.
- Supporting Documentation: Include supporting documents with your Form I-485, such as evidence of your one-year physical presence in the United States after being granted asylum, proof of your continued eligibility for asylum, and any other required documents.
- Medical Examination: You are generally required to undergo a medical examination by an approved civil surgeon to ensure you meet health-related eligibility requirements.
- Derivative Asylees: If you are applying for your green card along with your spouse and/or unmarried children under 21 years old who were included in your asylum application, they may also be eligible for green cards as derivative beneficiaries.
- Adjustment Filing Deadline: While there is no specific deadline for filing Form I-485, it is generally recommended to apply as soon as you are eligible, given that you must be in valid asylum status at the time of filing.
How can I prove the one-year physical presence in the US?
Proving the one-year physical presence in the United States after being granted asylum is a crucial requirement for asylum-based Adjustment of Status (AOS). USCIS typically requires applicants to submit evidence supporting their physical presence. Here are some ways to prove a one-year physical presence:
- Travel Records: Provide copies of your travel records, including passport entries, visa stamps, and other documents showing your entries and exits from the United States during the one-year period.
- I-94 Arrival/Departure Records: Include copies of your I-94 Arrival/Departure Record, which is a record of your entries and exits. You can obtain your I-94 online from the U.S. Customs and Border Protection (CBP) website.
- Employment Records: Submit employment records, such as pay stubs, tax documents, or letters from employers, that show your continuous employment during the one-year period.
- Utility Bills and Lease Agreements: Provide copies of utility bills (electricity, water, gas) and lease agreements for your residence during the one-year period.
- School Records: If applicable, include school records or enrollment certificates that show your attendance during the one-year period.
- Medical Records: Submit medical records or bills that cover the one-year period and indicate your ongoing presence in the United States.
- Affidavit or Letter from a Witness: You may include affidavits or letters from individuals who can attest to your continuous presence in the U.S. during the one-year period. These individuals should have personal knowledge of your activities and be willing to sign a notarized affidavit.
- Bank Statements: Provide bank statements that cover the one-year period and show your financial transactions in the United States.
- Receipts and Invoices: Include receipts and invoices for services, memberships, or purchases made during the one-year period.
- Other Relevant Documentation: Any other documents that can serve as evidence of your physical presence, such as transportation receipts, membership cards, or letters from community organizations.
It’s important to compile a comprehensive and well-documented file to support your application for asylum-based Adjustment of Status. Additionally, if any of your family members are also applying for adjustment, you should include evidence of their one-year physical presence as well. If you have concerns or questions about specific documents, consider seeking guidance from an immigration attorney or an accredited representative to ensure that your evidence meets USCIS requirements.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
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Clients Comments
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.