Eligibility and Benefits of Asylum Status
The United States welcomes thousands of asylees each year. An asylee is a person that has already made it to the U.S. border or the interior (by legal or illegal entry) and is seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion. Examples of situations that may qualify as persecution include: imprisoned and tortured political dissidents or supposed undesirables; fired on protesters; committed genocide against a certain race; or made sure that members of a certain religion were left out of the political process.
If you are eligible for asylum, you may be permitted to remain in the United States and even have a path to citizenship.
Eligibility for Asylum Status
To determine if you are eligible for asylum, USCIS will evaluate whether you meet the definition of a refugee according to section 101(a)(42) of the Immigration and Nationality Act (INA). In general, eligibility for asylum requires that:
- You are present in the United States (by legal or illegally entry)
- You are unable or unwilling to return to your home country due to past persecution or have a well-founded fear of persecution if you return
- The reason for persecution is related to one of five things: race, religion, nationality, membership in a particular social group, or political opinion
- You are not involved with an activity that would bar you from asylum
To apply for asylum, file Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. There is no fee to apply for asylum.
Obtaining a Green Card through Asylum Status
If you were granted asylum status, you are eligible to apply for a green card (permanent residence) 1 year after receiving your grant of asylum. Your spouse and children are also eligible to apply for a green card if they were admitted to the United States as asylees or were included in your grant of asylum. If you are an asylee, you may apply for a green card 1 year after being granted asylum if you:
- Have been physically present in the United States for at least 1 year after being granted asylum
- Continue to meet the definition of a asylee (or continue to be the spouse or child of such asylee)
Have not abandoned your asylee status
- Continue to be admissible to the United States (A waiver may be available to you if you are now inadmissible)
- Are not firmly resettled in any foreign country
You are not required to apply for a green card; however, it may be in your best interest to do so. You may no longer qualify for asylum status with the right to remain permanently in the United States if country conditions change in your home country or you no longer meet the definition of an asylee due to changed circumstances. What’s more, you have a path to U.S. citizenship a permanent resident.
To apply for a green card, you must file the Form I-485, Application to Register Permanent Residence or to Adjust Status.
Note: When your green card is granted, you (and your derivative family members) will have your date of adjustment of status rolled back 1 year from the date your green card is granted.
Working with Asylum Status
You cannot apply for employment authorization (work permit) at the same time you apply for asylum. You may apply for employment authorization if:
- 150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview) and
- No decision has been made on your application
If you are granted asylum you may work immediately. Some asylees choose to obtain an Employment Authorization Card (work permit) for convenience or identification purposes, but a work permit is not necessary to work if you are an asylee.
To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum.
Traveling Abroad with Asylum Status
If you wish to travel outside the United States for a brief period of time but return to your asylee status and continue to pursue your application for adjustment of status, you must apply for a Refugee Travel Document before traveling. To apply for a travel document, you would file a Form I-131, Application for Travel Document.
If you applied for asylum status and have not yet received a decision, you should not leave the United States without first obtaining advance parole. CitizenPath recommends that you contact at immigration attorney before traveling abroad with a pending asylum application. Advance parole allows certain individuals to return to the U.S. without a visa; however, advance parole does not guarantee that you will be allowed to reenter the United States. If you leave the United States without first obtaining advance parole, USCIS will presume that you abandoned your asylum application. Contact an immigration attorney before attempting to travel to the country of past persecution. Although you may be able to travel back to the country of past persecution, this puts you at high risk of having your asylum status revoked. To obtain advance parole, you must file Form I-131, Application for Travel Document.