Don’t Make These Mistakes When Applying for Permanent Residency as an Asylee

Posted on 08/11/24

Individuals immigrate to the United States for various reasons, and for many, the journey eventually leads to applying for citizenship. Among these individuals are those who arrive in the U.S., whether legally or illegally, as refugees escaping life-threatening conditions in their home countries. These individuals may qualify for legal protection as asylees, which provides a significant safeguard under U.S. immigration law.

Asylees have the opportunity to apply for lawful permanent residence (LPR) status, commonly referred to as a green card, after residing in the U.S. for one year. This status is an essential step towards stability and eventual citizenship, providing them with legal rights to work and live permanently in the U.S. without fear of deportation. For those ready to start this complex process, it’s beneficial to seek reliable legal guidance from Attorney James A. Welcome ay (203) 753-7300.

The Law Offices of James A. Welcome offers two decades of experience in immigration law, providing clear and effective support for those seeking asylee status and other immigration-related services. For results you can trust, reach out today.

The Asylee Green Card Application Process

Understanding how to secure a green card as an asylee in Connecticut can be challenging without proper guidance. It’s often beneficial to consult a Connecticut immigration attorney to help you through the application.

Who Qualifies for Asylum?

An individual entering the U.S. to escape persecution in their homeland may be eligible for asylum if they can substantiate the danger they faced. Refugees who cannot or will not return home due to fear of persecution may present their case and seek asylum. Persecution may be based on several factors such as nationality, race, religion, social groups, or political beliefs.

Asylum Application Routes

There are two primary methods to apply for asylum status:

  • Affirmative Asylum: You present your case to United States Citizenship and Immigration Services (USCIS) officers.
  • Defensive Asylum: You present your case in immigration court to defend against deportation. It is highly recommended to have legal representation for this process.

Filing for Asylum

Asylum seekers have one year from their arrival in the United States to file for asylum status. Exceptions may apply if conditions in your home country changed after your arrival, or if you became seriously ill while in the U.S. For example, if you were on vacation in the U.S. and were unable to return home due to new conflicts in your country, you might be eligible for an extension.

Eligibility for a Green Card

Once granted asylum, you may apply for a green card after one year. The eligibility requirements include:

  • Properly completed Form I-485.
  • Physical presence in the U.S. at the time of filing Form I-485.
  • Physical presence in the U.S. for at least one year after receiving asylum status.
  • Meeting the definition of a refugee, or having a qualifying relative who does.
  • No efforts to permanently resettle in another country.
  • Maintenance of asylum status.
  • Being admissible to the U.S. for LPR, or qualifying for a waiver if inadmissible.

Risks You Have To Avoid When Applying for a Green Card

The journey to permanent residency as an asylee is an essential pathway towards establishing a secure future in the United States. However, this process is complex and requires careful attention to detail to avoid common errors that could hinder your application. Here are key missteps to steer clear of:

  1. Overlooking Deadlines: Timeliness is crucial in the application process. As an asylee, you are eligible to apply for permanent residency one year after your asylum status is granted. It is vital to mark this and other critical dates clearly and ensure all submissions are timely to avoid unnecessary delays or complications.
  2. Errors in Application Forms: Fact based answers in your application cannot be overstated. Every field must be filled accurately to prevent setbacks. Prior to submission, review your application to confirm that all information is correct and complete.
  3. Lacking Adequate Documentation: Documentation is the backbone of a successful application. This includes your proof of asylee status and all identity verification documents as specified by USCIS. Make sure to gather and double-check all required documents to ensure completeness.
  4. Neglecting to Update Personal Details: It is essential to keep your personal information up to date with USCIS. Changes in your address, name, or other vital details should be reported promptly. Maintaining current information helps avoid missed communications that could impact your application’s progress.

At the Law Offices of James A. Welcome, we are committed to supporting our clients through their transition from asylee to permanent resident. For bilingual immigration assistance, please contact our office at (203) 753-7300.

Processing Time for a Green Card

Obtaining asylum status can take from six months to several years, depending on the case’s complexity. Transitioning from asylee status to permanent residency can take additional months to years. Complications, such as defending your status in court, can extend these timelines. The process involves numerous steps and extensive paperwork, which must be meticulously completed. Our Connecticut immigration attorneys can help ensure that everything is done correctly, reducing unnecessary delays.

Why Hire an Immigration Attorney?

At the Law Offices of James A. Welcome, we have extensive experience assisting clients through the citizenship process, no matter how unique or challenging their circumstances. We can guide you through each step of obtaining a green card as an asylee in Connecticut. Contact the Law Offices of James A. Welcome at (203) 753-7300 to speak with our experienced immigration attorneys or reach out to us online.