Asylum is one of the most important ways for individuals fleeing danger to find a safe new home. Asylees—individuals who have been granted asylum protection—must wait at least one year after being granted asylum before applying for a green card—lawful permanent resident status. Once that year passes, how long it takes to get a green card after asylum approval depends on government backlogs and whether your documents are complete and accurate. On average, the process can take one to three years after you submit the green card application.
At EMP Law, we understand how crucial this process is for asylum seekers and their families. Our experienced immigration attorneys are dedicated to guiding clients through every stage of their immigration journey, from getting asylum status to transitioning to permanent residency. Reach out to learn more.
What Is Asylum?
Asylum is protection granted to individuals who cannot return to their home countries because their lives or safety are threatened based on certain characteristics they have. When you receive asylum, you obtain the right to remain in the U.S., apply for a green card after asylum, and, later, U.S. citizenship.
There are two ways to apply for asylum: affirmative and defensive. While both lead to the same asylum status if granted, the processes differ.
Asylum Factors
To qualify for asylum, you must fear you will experience persecution in your home country based on your:
- Race,
- Religion,
- Nationality,
- Political opinion, or
- Membership in a particular social group.
The fear must be credible, meaning the conditions in the applicant’s home country and the applicant’s characteristics make the risk to their life or safety legitimate. Notably, you can get asylum based on your actual or perceived characteristics—if you would be targeted because someone believes you fall into one of the categories, even if you do not actually have that characteristic.
Affirmative Asylum
If you are not in removal proceedings, meaning that the government has not started proceedings to deport you, you can apply for affirmative asylum. You affirmatively apply for asylum by submitting an application to United States Citizenship and Immigration Services (USCIS).
Defensive Asylum
If you are in removal proceedings, you apply for defensive asylum—requesting asylum to defend against the government’s allegations that you should be deported. To apply for defensive asylum, you must present your evidence to an immigration judge in immigration court.
Asylum Green Card Processing Time
The timeline for obtaining asylum and transitioning to a green card varies primarily based on government caseloads and processing delays. While asylum green card processing time can be lengthy, you can live in the US as an asylee while your application is pending.
Applying for Asylum
To apply for affirmative asylum in the US, follow the below steps:
- Determine whether you have a legitimate claim for asylum,
- Apply for asylum with USCIS,
- Attend a fingerprinting appointment and complete a background check,
- Attend an asylum interview, and
- Wait for a decision.
If USCIS does not approve your application, they may “refer” you to immigration court.
In that case, you may apply for defensive asylum in the same way as someone who first applies in removal proceedings—as follows:
- Be placed in removal proceedings,
- Communicate to the judge that you are requesting asylum,
- Complete a court hearing where you present evidence and legal arguments that you should receive asylum, and
- Wait for a decision from the judge.
Depending on the circumstances, you may even be able to appeal a refusal to grant asylum to the US court system.
Applying for a Green Card
Regardless of whether you obtained asylum status through an affirmative or defensive application, your immigration status is the same from the day you receive it forward. You must live in the US for a year on asylum status in order to apply for a green card from USCIS. This process is called “adjustment of status” because you are asking to adjust your immigration status from an asylee to a lawful permanent resident—the legal status of green card holders.
How Long Does an Asylum Green Card Take?
After receiving asylum, asylees must wait at least one year before applying for a green card. While processing times fluctuate, USCIS processing times for asylee green card applications can take 8 to 22 months or longer.
Get Help from EMP Law
How long it takes to get a green card after asylum approval depends on your unique circumstances, the thoroughness of your application, and, unfortunately, government delays. EMP Law is committed to guiding asylees through applying for asylum, whether with USCIS or an immigration judge. Contact EMP Law today if you need guidance on applying for a green card after asylum approval.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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