In the United States, refugee status is a legal protection offered by the government to individuals who have left their home country due to safety concerns and are afraid to return. A refugee has the ability to seek a green card after they have been physically present in the country for at least a year.
Many refugees are interested in obtaining a green card, as it is a pathway to United States citizenship. Applying for a green card is extremely advantageous; however, the steps to obtain one are not always clear. It is therefore beneficial for refugees to seek legal advice to ascertain the necessary steps and best pathways.
A NYC green card lawyer from our firm, Pollack, Pollack, Isaac & DeCicco can provide you with sound legal advice and necessary representation when attempting to secure permanent resident status. Our NYC immigration lawyers have assisted refugees in navigating the immigration system, obtaining green cards, and becoming citizens.
Defining a Refugee
When seeking green card status as a refugee in the United States, it can first be beneficial to understand how the government defines a refugee. In the US, a refugee is any individual who is forced to leave their country of origin due to some form of conflict, persecution, or the threat of persecution. This can include any individuals who could face violence in their home country due to one or more of the following reasons:
- Race
- Religious practices
- Nationality
- Political opinions and affiliations
- Standing or status within a particular social group
In addition, in order to be considered a refugee in the US, the individual must meet the following criteria:
- Be located outside of the United States
- Be of humanitarian concern to the United States
- Be admissible into the United States
- Has not firmly settled into another country
- They are facing persecution or the fear of persecution based on race, religion, etc.
An individual who meets all of these qualifications has the right to seek refugee status and attempt to obtain a green card to lawfully stay in the United States. An individual who is facing the risk of torture or imprisonment due to their political affiliations or is at risk of genocide due to their religious practices or race may qualify for a refugee green card.
In addition to these requirements, you must also secure a referral to the United States Refugee Admissions Program. If you obtain this referral, you can also receive assistance in filling out the necessary forms of documentation. After the submission of these forms, a United States Citizenship and Immigration Services (USCIS) officer will meet with you to determine if you are qualified to enter the US as a refugee.
The United States Refugee Green Card Process
You must meet certain requirements to obtain a green card in the United States as a refugee. These requirements may include:
- You were officially admitted into the United States under refugee status.
- You have properly filed the necessary forms.
- You are physically present in the United States when you file these forms.
- You have been physically present in the United States for at least one year after your admission into the country as a refugee by the time you file for a green card.
- Your refugee status has not been terminated.
- You have not already obtained permanent residence status.
- You are eligible for lawful permanent residence in the United States.
When you officially meet all requirements, the United States immigration law requires that you apply for permanent residence by filing Form 1-485, the Application to Register Permanent Residence or Adjust Status. This form must be submitted along with the following:
- Two current photos of yourself taken in a passport-style
- A copy of your birth certificate
- A copy of your government-issued identification document, along with a photograph
- Proof of your refugee admission, such as a copy of Form I-94 or an Arrival or Departure record, which should show the date you were admitted as a refugee
- Evidence of your one-year presence within the United States
- A copy of your passport page with a nonimmigrant visa, if available
- A copy of your passport page with admission into the country, issued by a United States immigration officer, if available
Once all of these documents have been submitted, a USCIS officer will make the official decision on whether to issue you a green card.
FAQs
A: If you are present in the United States for a substantial amount of time after the one-year mark and still have not tried to obtain a green card, you could potentially face issues. In many cases, the USCIS may overlook a delay if other necessary conditions are met; however, it is not wise to count on this. A PPID lawyer can help you gather evidence to prove that conditions for delay have been met.
A: If you have a spouse or child under 21 years of age who has been granted derivative refugee status based on your status as a refugee-based principal applicant, they may be able to apply for a United States green card.
A: If you have been granted asylum, You may be eligible to secure a green card. You must meet certain requirements, such as being physically present in the United States when you submit the required forms, having been officially granted asylum by the USCIS, having an active grant of asylum, and having not firmly resettled in another foreign country.
A: Refugees must apply for a green card in the United States as it is legally required. Additionally, , obtaining a green card is the first step in securing permanent US citizenship, which can have numerous benefits, including avoiding deportation, being allowed to serve on a jury, and having the right to vote.
Take the First Step Toward Securing a Green Card as a Refugee
Obtaining a green card is the first step toward seeking permanent residency in the United States as a refugee. With so much at stake, it is vital to have an experienced legal team beside you through every step of the process. Contact the offices of Pollack, Pollack, Isaac & DeCicco to begin your journey to secure a green card.
About The Author
Conrad E. Pollack
Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions.
Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School.
Awards: Recipient of numerous professional excellence awards.
Memberships: Active member of the American Immigration Lawyers Association.
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