Benefits Of Being an Asylee

Once asylum is granted, it means that the asylee can live and work legally in the US and will subsequently have the opportunity to apply for lawful permanent residence and citizenship.

However, it is important to note that asylum is not a permanent, guaranteed status for life in the US. For that reason, it is essential for asylees to apply for lawful permanent residence one year from the date on which they were granted asylum.

Derivative Asylum for Spouse and Children

Immediate family members present in the US and included in the original asylum application automatically receive asylum together with the primary applicant. “Immediate family members” include the asylee’s spouse and unmarried children under 21 years of age.

Eligibility for Employment and a Social Security Number

You automatically become eligible to work in the US and do not need an Employment Authorization Document (EAD). Asylees who do not have a valid passport or other government-issued identity card choose to apply for an EAD. An EAD is valid for one year and is issued free of charge to asylees upon initial application, but subject to a fee for subsequent renewal applications.

An EAD should not be used as a substitute for a social security card and a state-issued ID card. The latter two documents should be used as proof of eligibility to accept employment in the US when completing an I-9 form with a potential employer.

Public Benefits

After being granted asylum, for the first seven years, asylees are eligible for Social Security Income, Medicaid, and Food Stamps, and a variety of other benefits and services. Eligibility for many of these programs may be extended past the first seven years. However, most of these programs are time-limited. So individuals may only be able to receive benefits for periods of three months to a year, depending on the programs. Other programs may be available continuously

Some benefits programs are available only to asylees, refugees, and victims of human trafficking. Apart from administering benefits programs and providing general public benefits counseling, agencies provide English classes, employment training and placement programs, mental health programs, youth and elderly services, and referrals to other social service agencies.

Unlike most other foreign nationals who apply for lawful permanent residence, asylees need not prove that they are not likely to become a public charge. They can receive government financial benefits without harming the ability to obtain permanent residence in the US.

International Travel

Asylees can travel outside the US with refugee travel documents. It is important that he/she not return to his/her home country until he/she has become a US citizen and can travel with a US passport. If the asylee returns to his/her home country, USCIS could refuse to allow him/her to reenter the US on the grounds that he/she no longer fears persecution.

Even after obtaining legal permanent residence, asylees have to use a Refugee Travel Document to travel abroad. It is only after he/she becomes a US citizen that he will be eligible for a US passport. Asylees should also understand that until they obtain US citizenship they cannot travel back to their countries.

What is Form I-485?

Form I-485 is the application form to register permanent residence or adjustment of status . This is filed by an individual or a non US citizen to obtain permanent resident status in the US. Form I-485 is for the non US citizens who are in the US and are eligible to apply for the green card based on sponsorship by a family member, employer or based on their refugee/asylee status.

Adjustment of immigration status:

Applying for I-485 or adjustment of status is a very complex process and should be followed per the USCIS guidelines. This process is the final stage of getting a green card. Once this stage is completed, the individual becomes a legal permanent resident. There are two options for an individual to apply for immigrant status. If the applicant is residing in the US, he/she can apply using the form I-485 and if outside the US he/she apply at the US Consular office at the home country.

Eligibility for filing form I-485:

While residing in the US one can go ahead filing the Form I-485 if one or more of the following is applicable,

• On the basis of approved immigration petition or filing concurrently.
• Based on the derivative status for spouses and children: If spouse or child is in the US, they can file along with the principle or after.If spouse or child is outside the US, the person adjusting the status should file form I-824, which is the application for action on the approved petition or application.
• Based on the finance visa admission to the US and subsequently marrying within 90 days of your entry and if admitted as the K-2 child of such a fiancé(e), you may file form I 485 to adjust status based on your parent’s adjustment.
• Based on the Asylee/Refugee status.
• Based on the continuous residence, residing in the US since January1, 1972.
• Based on the Cuban nationality/citizenship.
• Based on the change of date from which the permanent residency began.

Required documents while filing form I-485:

The following are the list of documents submitted while filing from I-485 application

• Copy of the birth certificate
• Copy of the passport
• Recent photographs
• Copy of your I-797 Notice of Action, for the approved I-140, Immigrant Petition for Alien Worker
• Evidence of relationship like the joint lease, joint mortgage, etc
• Form G-325A, Biographic Information
• Employment letter
• Copies of the marriage certificate or divorce decrees or criminal records (if any)
• As an option, Form I-765, Application for Employment Authorization or EAD or Form I-131, Application for Travel Document
• Apart from the above, supporting documents depending on the individual’s case is submitted.

The forms like the I-131 or I-765 filed along with the form I-485 will be processed separately and should be completed with the required documents. Once the USCIS accepts the application, a separate notice of action will be sent for each application filed. Any attempt to falsify the document or submit false document will lead to denial of the application, thereby not allowing one to adjust his/her status.

How to get my Family a green card

Green Card holders (Permanent Residents) have been authorized to live and work permanently in the US. Family based immigration is an immigrant visa classification where it allows an individual to become a permanent resident through a family member who is a citizen or permanent resident of the United States. Most people get green card through parents / spouse / siblings. The United States allows U.S. citizens and permanent residents to petition for their relatives (specific people only) to come and live permanently in the United States.

How can my family get a Green card?

Obtaining a Green Card for family is a two step process. The first step is Family Immigration Petition where they must establish a qualifying relationship between the Petitioner (US Citizen/ Permanent Resident) and the Green Card applicant. There are two categories where the applicants may get their green card. One is, if the family member is inside US then the applicant may qualify to adjust status to Permanent Resident without returning to their home country. Or if the family member is outside US , then he/she may be eligible for Consular processing through a Consulate or through an US Embassy that has jurisdiction over their foreign place of residence.

The applicants may be eligible to obtain a Green Card through family member who is a US citizen or a Permanent Resident.

US Citizen:
If the family member is a U.S. Citizen then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the U.S. citizen family member files a Form I-130, Petition for Alien Relative, for the applicant.

If the applicant is the spouse (husband or wife), or the child (unmarried and under 21 years old), or the parent (if the U.S. citizen is 21 years or older) of a U.S. Citizen then they fall under the category Immediate Relatives. An applicant is called the Family Member of a U.S. citizen if he/she is an unmarried son or daughter (21 years or older) , a married son or daughter (any age) or a sibling (brother or sister) of a U.S. citizen.

Permanent Resident:
If the Family Member is a Permanent Resident then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the Permanent Resident /Green Card family member files a Form I-130, Petition for Alien Relative, for the applicant.

If the applicant is the spouse of a Green Card holder, or the child (unmarried and under 21 years old / above 21 years) of a Green Card parents, then the applicant is called Immediate Relative.

There is also another way of Family Immigration which is through Special Categories. The applicant may get the Green Card if he/she is a battered child or spouse of a U.S. citizen, entered the United States with a K1 visa/ K3 visa, obtained V non-immigrant status, a widow(er) of a U.S. Citizen , or born to a foreign diplomat in the United States. If the applicant applies based on the Special Category, he/she must provide relevant proof of the required evidence.

How do I apply for a reentry permit?

There are some limitations for a Permanent resident to travel outside U.S. and return. A reentry permit will help a Permanent resident to enter into U.S. without any problem. A reentry permit is used to determine that you did not intend to abandon
your status, and it allows you for admission into the United States after traveling abroad for 2 years without having to obtain
a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.

You need to file the Form I-131 with the Reentry permit fees to obtain a reentry permit. It is recommended that you file the I-131 form well in advance of your planned trip. Ensure that you file the I-131 form at least 60 days before your intended travel. You need to be physically present in the United States to file this form. You cannot file the I-131 form while you are outside U.S.

You do not need to file the I-131 form and get a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card as your travel document.

Reentry permit fees:

The Reentry permit fees is $385. It includes an application fee of $305 and a biometric fee of $80. You can pay the Reentry permit fee with a personal check, money order, or cashier’s check. Do not send cash. The check or money order must be drawn on a bank or other financial institution in the United States and must be payable in U.S. currency.

If you are filing the I-131 form at one of the USCIS Lockbox facilities and would like to receive an e-mail and/or text message that your application has been accepted, then complete a Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

The I-131 form will not be approved in the following cases:

1. If you have already been issued a reentry permit and it is still valid.
2. If the federal register contains a notice that prohibits the issuance of reentry permit for travel to the area where you intend to go.

Checklist of your Reentry permit application package:

• The I-131 form

• The G-1145 form (optional)

• Photographs

• Supporting documents

• Reentry permit fees

Assemble your application package in an orderly manner. Using a paper-clip, attach the Reentry permit fees to the first page of your I-131 form. If you do not send the Reentry permit fees along with your application, your application will be returned. Place your supporting documents under your application. Mail your application by certified mail, certified mail or courier service and request a return receipt.

Within 30 days of submitting your application to USCIS, you can expect to receive a Form I-797 Receipt Notice. This Notice is your confirmation that the USCIS has received your application and accepted it for processing. After you receive the Receipt Notice, you will receive an Appointment Notice requesting your appearance at your local Application Support Center to have your fingerprints taken.