Green Card After Asylum (Asylum-Based)

To file I-485 after asylum: • Asylum status granted by USCIS or Immigration Judge • 1 year of physical presence in USA AFTER receiving asylum status • Can file earlier — case reviewed when year is complete • Asylum status not terminated or revoked • No inadmissibility grounds Derivative asylees (spouses and children) can file together with principal or separately. Important: After 5 years as LPR, you can apply for citizenship (N-400).

Physical presence in USA for 1 year after asylum status is mandatory. What counts: • All days physically present in USA • Short trips abroad (up to 90 days cumulative per year) What does NOT count: • Extended travel abroad • Time before receiving asylum status You can file I-485 before the year completes — USCIS will review when year is complete. Set a calendar reminder!

Documents for Asylum-Based I-485: • I-485 (main form) • Proof of asylum: USCIS letter, judge's decision, or I-94 with asylum notation • Proof of 1 year physical presence in USA after asylum • I-693 (medical exam) — required • Passport or travel document (asylum travel document can be used) • Birth certificate • If name changed: name change documents • 2 photos 2×2 inches • I-765 and I-131 — optional (asylees often already have EAD) For derivative asylees: • I-730 approval (if derivative asylee) or • Proof of relationship (marriage/birth certificates)

Spouses and children (under 21, unmarried) of principal asylee can file I-485 as derivative asylees. Requirements: • Derivative status obtained through I-730 or concurrently with principal • 1 year presence in USA after receiving derivative status Filing: • Can file together with principal (recommended) • Can file separately later Important: Each family member needs a separate document package.

Travel abroad with pending I-485 is extremely risky for asylees! Main risk: If you return to the country from which you received asylum — this can be grounds for terminating asylum. USCIS or judge may decide you no longer fear persecution. If travel is necessary: • Get Advance Parole (I-131) BEFORE departure • Consult immigration attorney • Avoid country of origin • Be prepared to explain reason for travel Important: Even Advance Parole does not guarantee entry. Have an attorney on standby.

Asylees are eligible for Fee Waiver! Form I-912 allows waiver of: • I-485 filing fee ($1,440) • Biometrics fee I-912 eligibility criteria: • Receiving means-tested public benefits (Medicaid, SNAP, SSI, TANF) • Or income below 150% Federal Poverty Guidelines • Or financial hardship Recommendation: File I-912 with I-485 — saves $1,440.

Approximate timeline for Asylum-Based I-485: • Waiting for 1 year after asylum: 12 months (can file earlier) • I-485 processing: 12-36 months (varies significantly) • Biometrics: 1-3 months after filing • Interview: usually required in most cases Factors affecting timeline: • Field office workload • Case complexity • Additional checks needed Important: Don't delay filing — political climate may change, and your asylum may face additional scrutiny.