Eligibility and Benefits of Aviary Status

Each yr, the United States welcomes thousands of asylees from other countries. An asylee is a person that has already made information technology to the U.South. edge or the interior (by lawful or unlawful entry) and is seeking protection because they accept suffered persecution or fear that they volition suffer persecution due to race, religion, nationality, membership in a item social group or political opinion. Examples of situations that may qualify equally persecution include: imprisoned and tortured political dissidents or supposed undesirables; fired on protesters; committed genocide against a certain race; or made sure that members of a certain religion were left out of the political process.

If yous are eligible for asylum, you lot may be permitted to remain in the United states, somewhen utilize for a green carte, and even accept a path to citizenship.

Difference betwixt Asylum and Refugee Status

The difference between an asylee and refugee depends on where a person applies. On the other paw, people outside of the Usa must apply for refugee status. People who have already made it to the U.s. border or the interior (by lawful or unlawful entry) can apply for aviary status.

Eligibility for Asylum

To determine if you are eligible for asylum status, USCIS will evaluate whether you lot meet the definition of a refugee according to section 101(a)(42) of the Immigration and Nationality Human activity (INA). In general, eligibility for aviary requires that:

  • Yous are present in the United States (by lawful or unlawful entry)
  • You are unable or unwilling to render to your dwelling land due to past persecution or have a well-founded fearfulness of persecution if you lot return
  • The reason for persecution is related to one of five things: race, organized religion, nationality, membership in a particular social grouping, or political stance
  • Y'all are not involved with an activity that would bar you lot from aviary

To apply for asylum, file Grade I-589, Application for Aviary and for Withholding of Removal, within one twelvemonth of your arrival to the United states. You lot may include your spouse and children who are in the United states of america on your awarding at the fourth dimension you file or at any time until a concluding conclusion is made on your case. To include your child on your application, the child must be under 21 and unmarried. There is no fee to utilize for asylum. CitizenPath recommends using an immigration attorney to prepare Course I-589 and certificate your past persecution or fear of persecution.

Working equally an Asylee

You lot volition need employment authorization to work in the United States. Working without authorization could jeopardize future immigration benefits. Nonetheless, y'all may not apply for employment authorization at the same time yous employ for asylum. You may utilize for an employment authorization document (work permit) if:

  • 150 days accept passed since you lot filed your complete aviary application, excluding any delays caused by yous (such as a request to reschedule your interview); and
  • No decision has been made on your application

If you are granted asylum y'all may work immediately. Although USCIS does non require you to obtain an Employment Authorization Certificate (work permit carte), many asylees choose to obtain one for convenience or identification purposes. It's U.Southward. regime-issued photo identification. So, a work permit can be a helpful document for new immigrants.

To obtain the employment authority certificate, y'all must file a Course I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you lot accept a pending asylum application or if you have been granted aviary.

Traveling Away as an Asylee

If y'all applied for asylum status and accept not yet received a decision, you lot should not leave the U.s.a. without offset obtaining advance parole. An advance parole document allows certain individuals to return to the U.Southward. without a visa; however, advance parole does not guarantee that you will exist allowed to reenter the U.s.a.. If you leave the United States without commencement obtaining advance parole, USCIS will assume that you abandoned your asylum awarding. Traveling away with a pending aviary application tin be risky. Contact an clearing chaser if your asylum application is all the same pending, especially if you lot intend to travel to the country of past persecution.

One time granted aviary status, it will easier to obtain advance parole. Although you lot may be able to travel back to the country of past persecution, this puts you at high risk of having your aviary status revoked. To obtain accelerate parole, you must file Form I-131, Application for Travel Document.

If yous wish to travel exterior the United States for a brief menstruum of time and return to your asylum status and continue to pursue your awarding for aligning of status, you must apply for a Refugee Travel Document before traveling. To apply for a travel document, you would file a Grade I-131, Awarding for Travel Document.

Obtaining a Green Card through Asylum Condition

If you were granted asylum status, you are eligible to apply for a green card (permanent residence) one year after receiving your grant of asylum. Your spouse and children are also eligible to utilise for a green card if they were admitted to the United States as asylees or were included in your grant of asylum. If you lot are an asylee, yous may apply for a green card i yr after existence granted asylum if yous:

  • Have been physically nowadays in the United states for at to the lowest degree ane yr after being granted asylum;
  • Continue to encounter the definition of a asylee (or continue to exist the spouse or kid of such asylee);
  • Take non abased your asylee status;
  • Go on to be admissible to the United States (A waiver may be available to you if you are now inadmissible); and
  • Are not firmly resettled in whatsoever foreign country.

You are not required to employ for a green card; however, it may be in your best involvement to do so. You may no longer qualify for asylum status with the correct to remain permanently in the United States if country conditions change in your home country or you lot no longer meet the definition of an asylee due to inverse circumstances. What's more, you have a path to a dark-green carte and eventually U.S. citizenship. To use for a green card, you must file the Form I-485, Application to Register Permanent Residence or to Adjust Status. Generally, a dark-green menu holder may naturalize as a U.Southward. citizen later on five years.

Note: When your green menu is granted, you (and derivative family members) volition have your date of adjustment of condition rolled back ane year from the date your green card is granted.

Form I-485, Application to Register Permanent Residence or Accommodate Condition

Form I-485, Awarding to Annals Permanent Residence or Arrange Status, is used to apply for a green card while in the United States. Foreign nationals may file the adjustment of condition application if they meet sure criteria. Applicants with straight-forrard cases (no arrests and clearing violations) tin can generally file the application without a lawyer. Yet, each yr, USCIS rejects or denies thousands of I-485 applications.

each yr an average of

0 ,894

I-485 applications are filed*

out of these

0 ,967

get rejected*

and another

0 ,988

get denied*

How CitizenPath Helps You lot Prepare the I-485 Application

CitizenPath'southward cocky-directed service makes preparing Form I-485 easy based on your asylum status. Designed by lawyers, our platform volition assistance you lot eliminate the mutual errors that create delays, rejections and even denials. The low-cost service as well provides alerts if you reply a question in a mode that might be a problem. To run across the typical forms and costs of a complete adjustment of status package, view the aligning packet fees.

The online service is a powerful, do-it-yourself tool that puts y'all in control. And we've got your back -- CitizenPath provides live customer support and guarantees that USCIS will approve your application.

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We're going to ask yous a few questions to brand certain yous're eligible and preparing the correct form.

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Adjustment of status package for asylum status based applications

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