An asylum case is a legal process for individuals who are seeking protection in the United States because they have suffered persecution or have a well-founded fear of persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion. Asylum is a form of humanitarian relief that allows eligible individuals to stay in the U.S. and eventually apply for a green card (lawful permanent residency).
Here is an overview of the asylum process and its connection to obtaining a green card:
Asylum Application (Form I-589):
The process typically begins with the filing of an asylum application (Form I-589) with the United States Citizenship and Immigration Services (USCIS) or, in some cases, with the immigration court if the individual is in removal proceedings.
Interview and Adjudication:
Applicants may be scheduled for an interview with a USCIS asylum officer or appear before an immigration judge to present their case. During the interview or hearing, the applicant provides evidence and testimony supporting their claim for asylum.
Grant or Denial of Asylum:
If granted asylum, the individual is allowed to remain in the U.S. and can apply for a work permit. Asylees are eligible to apply for a green card (permanent residency) after one year of being granted asylum.
Adjustment of Status (Green Card Application):
After one year of being granted asylum, the individual can apply for adjustment of status to obtain a green card. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Removal of Conditions (if applicable):
If the individual obtained conditional permanent residency based on asylum, they must file a petition to remove conditions (Form I-751) within 90 days before the second anniversary of obtaining their green card.
It’s important to note that asylum cases can be complex, and the success of the application depends on the individual’s ability to demonstrate a well-founded fear of persecution or past persecution based on one of the protected grounds. Seeking legal advice from an experienced immigration attorney is highly recommended for those considering filing an asylum application and pursuing a green card through this process. Additionally, immigration laws and policies may change, so it’s advisable to consult with legal professionals for the most up-to-date information. Do not hesitate to contact us for help.