Friday, September 4, 2009

Asylum Green Card

Those who have been accepted in the United States as a refugee or Asylee can apply for a green card if they satisfy certain conditions as required by the USCIS green card norms. Asylee or refugees are those who did enter the United States as non-immigrants by qualifying for the United States Refugee Program.

Asylum green card is meant to offer resettlement in the US for refugees who are decided by the UNHCR (United Nations High Commissioner For refugees) as eligible for resettlement. However, despite the UNCHR deciding resettlement requirement, the US Refugee Law will also be considered for permitting resettlement for an Asylee.

Exceptions for asylum green card program:
Refugees with communicable diseases that are of threat to public health are not given asylum green card.
Refugees with criminal records unconditional of being referred by UNCHR are not given asylum green card.

Asylum green card proceedings:
A refugee who has continued to live in the US for a period of one year as a non-immigrant refugee can apply for adjustment of status for an Asylum green card.
Form I-485 for Adjustment of Status should be submitted to the USCIS for the proceeding.
Form I-485 should be supported by Form G-325 which is the biometric information documented legally.
Two photographs abiding by visa photo rules should be stapled and submitted.
Proof of having been an Asylee should be submitted, which in most cases is the copy of the I-94 and the letter of permission to live in the US as an Asylee.
Conditional Asylum status is not eligible for I-485 unless the condition is removed.
Proof of having fulfilled the 1 year physical presence in the US like an employment letter, rent document, educational enrollment records etcetera can be provided.
Details of the period of time that one lived away from the US during the asylum status and reason for such should also be provided.
Form I-683 to support medical fitness should also be submitted.

One can get an asylum green card by the above said process. There is another route to get asylum green card with reference to relatives who have already obtained an asylum green card in the US.

Asylum green card is a lengthy process like any other visa proceeding and it is not granted unless the USCIS is assured that the applicant is not a social threat to the United States.

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