Question:
As a refugee, I am in the
process to apply for asylum in the United States. How could I also
apply for U.S. Green Card?
Answer:
A person who qualifies as a
refugee may be eligible for asylum in the United States. A grant of
asylum eventually leads to lawful permanent residence in most cases.
To qualify the individual involved must show that he or she is unable
or unwilling to return to the country of nationality and is unable or
unwilling to avail him/herself of the protection of that country due to
past persecution or a well founded fear of future persecution on
account of the individual’s race, religion, nationality,
political view, or membership in a certain social group.
The persecutor may be either the government of that country or other
groups that the government is unwilling or unable to control. Please
note that the grant of Asylum is discretionary. In order to be eligible
for a Green Card as a refugee, you must meet the following requirements:
- You properly file Form
I-485, Application to Register Permanent Residence or Adjust Status;
- You were admitted into the
United States as a refugee under section 207 of the Immigration and
Nationality Act (INA);
- You are physically present
in the United States at the time you file your Form I-485;
- You have been physically
present in the United States for at least one year after your admission
as a refugee at the time you file your Form I-485;
- Your refugee status has not
been terminated;
- You have not already
acquired permanent resident status; and
- You are admissible to the
United States for lawful permanent residence or eligible for a waiver
of inadmissibility or other form of relief.
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