Can Asylum Seekers Obtain Green Cards?

Asylum seekers often wonder: Do asylum seekers get green cards? The path from asylum to permanent residency is complex but possible.

At Law Offices of Jeffrey A. Thompson, we understand the challenges asylum seekers face when pursuing their American dream.

This guide will explore the process, requirements, and potential hurdles for asylees seeking to obtain green cards in the United States.

What Are Asylum and Green Cards?

Understanding Asylum

Asylum is a protection granted to individuals who flee their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The total number of persons granted asylum in the United States increased from 35,720 in 2022 to 54,350 in 2023.

Asylum seekers must apply for asylum within one year of arriving in the U.S. However, two statutory exceptions exist that may excuse a delayed filing of an asylum application: (1) changed circumstances and (2) extraordinary circumstances. This time-sensitive requirement underscores the importance of prompt action for those seeking protection.

The Green Card Process

A green card (officially known as a Permanent Resident Card) grants an individual the right to live and work permanently in the United States. The process of obtaining a green card can take several years to complete. For asylum seekers, the path to a green card starts one year after they receive asylum status.

To apply for a green card as an asylee, individuals must submit Form I-485 (Application to Register Permanent Residence or Adjust Status). This application requires various supporting documents, including:

1. Proof of asylum status
2. Evidence of one year of physical presence in the U.S. after the grant of asylum
3. Identity documents
4. Medical examination results (Form I-693)

Key Differences: Asylum Status vs. Permanent Residency

While both asylum status and permanent residency allow individuals to live and work in the U.S., they differ in several important aspects:

1. Duration: Asylum status lasts indefinitely but can end under certain circumstances. A green card remains valid for 10 years and can be renewed.
2. Travel: Asylees need a Refugee Travel Document for international travel. Green card holders can use their card for re-entry into the U.S. after traveling abroad.
3. Benefits: Green card holders access more federal benefits and can petition for certain family members to join them in the U.S.
4. Path to Citizenship: Green card holders can apply for U.S. citizenship after five years. Asylees must first obtain a green card before they become eligible for citizenship.

The Role of Legal Assistance

The process of transitioning from asylum status to permanent residency involves complex legal procedures. Many individuals find it helpful to seek professional legal guidance to navigate this journey successfully. Immigration attorneys (such as those at the Law Offices of Jeffrey A. Thompson) can provide valuable assistance in preparing applications, gathering necessary documentation, and addressing any potential issues that may arise during the process.

As we move forward, we will explore the specific steps and requirements for asylees who wish to obtain green cards, shedding light on the path from temporary protection to permanent residency in the United States.

How Do Asylees Become Permanent Residents?

The Path from Asylum to Green Card

The transition from asylum to permanent residency marks a significant milestone for individuals seeking long-term security in the United States. This process offers a clear path for asylees to establish themselves permanently in their new home.

Eligibility Requirements for Green Card Application

Asylees must meet specific requirements before they apply for a green card. Both asylees and refugees must have been physically present in the United States for 1 year as of the date of their application. During this period, they should avoid any actions that could jeopardize their status (such as engaging in criminal activities or returning to their country of origin).

USCIS data indicates that approximately 85% of asylees who apply for green cards succeed in their applications. This high success rate highlights the importance of meeting eligibility criteria and following proper procedures.

Timing Your Application

The timing of a green card application is critical. Asylees can apply for permanent residency exactly one year after they receive asylum. They should not file too early, as premature applications will face rejection, potentially causing delays and additional expenses.

As of 2025, USCIS processing times for asylee adjustment of status applications vary. Applicants should check case processing times on the USCIS website for the most up-to-date information.

Navigating the Application Process

The application process for a green card as an asylee involves several key steps. Asylees must submit Form I-485 (Application to Register Permanent Residence or Adjust Status). This form requires supporting documentation that proves eligibility and identity.

Key documents to include with the application are:

1. A copy of the asylum approval letter
2. Proof of one year of physical presence in the U.S. after asylum grant
3. Birth certificate and passport
4. Two passport-style photographs
5. Form I-693 (Report of Medical Examination and Vaccination Record)

As of 2025, the USCIS fee for Form I-485 is $1,225 (which includes the biometrics fee). Asylees may qualify for a fee waiver if they can demonstrate financial hardship.

Professional Assistance in the Application Process

Many asylees find that professional legal guidance significantly improves their chances of a successful application. Immigration attorneys can provide valuable assistance in preparing applications, gathering necessary documentation, and addressing potential issues that may arise during the process.

The Law Offices of Jeffrey A. Thompson has extensive experience in guiding asylees through this complex process. Their meticulous attention to detail in application preparation significantly reduces the likelihood of delays or requests for additional evidence.

The journey from asylum to permanent residency presents challenges, but it also offers a clear route to long-term stability in the United States. The next section will explore potential obstacles that asylees may encounter during this process and strategies to overcome them.

Navigating Obstacles in the Green Card Process

Application Delays

The path from asylum to permanent residency often encounters processing delays. This page provides specific information for refugees in the United States applying to become lawful permanent residents (get a Green Card). Applicants can minimize delays by:

1. Submitting complete and accurate application packages
2. Responding quickly to Requests for Evidence (RFEs)
3. Maintaining current contact information with USCIS

Professional legal assistance can reduce the likelihood of RFEs and speed up response times if one occurs.

Country-Specific Challenges

An asylee’s home country conditions can affect their green card eligibility. If the situation in the country of origin has improved significantly since the asylum grant, USCIS may scrutinize the application more closely. Applicants should prepare to show they still have a well-founded fear of persecution if returned to their home country.

Some countries face more rigorous security checks, leading to longer processing times and increased scrutiny. For instance, applicants from state sponsors of terrorism may undergo additional vetting procedures.

Criminal and Immigration Violations

Even minor offenses or immigration violations can jeopardize an asylee’s green card application. To avoid complications, asylees should:

1. Maintain a clean criminal record
2. Comply with all immigration laws and regulations
3. Disclose any arrests or convictions, including those outside the U.S.

Asylees with any criminal history or immigration violations should consult an immigration attorney before applying for a green card. These complex cases require expert guidance to navigate successfully.

Documentation Challenges

Gathering all necessary documents can prove difficult for some asylees. Required documents may include:

Asylees who fled their home countries under duress may lack some of these documents. In such cases, they may need to provide secondary evidence or sworn affidavits to support their applications.

Financial Hurdles

The cost of applying for a green card can present a significant obstacle for some asylees. While fee waivers exist for those who can demonstrate financial hardship, the application process itself can strain limited resources.

Final Thoughts

The journey from asylum seeker to green card holder presents a complex but achievable process. Asylees who successfully navigate this path gain the stability and security of permanent residency in the United States. The question “Do asylum seekers get green cards?” has a positive answer, but it comes with important requirements and careful timing.

The transition demands meticulous documentation and adherence to strict eligibility criteria. Asylees must wait one year after receiving asylum status before they apply for a green card. During this time, they must maintain a clean record and gather necessary evidence to support their application.

At Law Offices of Jeffrey A. Thompson, we specialize in guiding asylees through the intricate process of obtaining permanent residency. Our team understands the unique challenges faced by asylum seekers and provides knowledgeable representation tailored to each client’s specific situation. We support our clients at every step of their journey toward permanent residency in the United States.