Can I Apply for a Green Card While My Asylum Case is Pending?

Yes, you can apply for a Green Card while your asylum case is pending. Though, the procedure may be more complicated and may rest on several factors, like your current immigration status, the stage of your asylum case, and the eligibility requirements for the Green Card.

Suppose you entered the U.S. legally and are presently in lawful status. In that case, you may be able to apply for a Green Card through family sponsorship, employment, or other categories, even if your asylum case is pending. However, your options may be limited if you enter the U.S. without authorization.

If you have an asylum case pending, it is important to seek advice from an experienced immigration attorney who can help you evaluate your options and guide you through the process. An attorney can also help you understand the potential risks and possible side of applying for a Green Card while your asylum case is pending.

Steps to be done:

Determine your eligibility: When you apply for a green card while your asylum case is pending, you must meet certain eligibility requirements, including being physically present in the United States, having a pending asylum case that has been pending for at least 180 days, and not being inadmissible to the United States.
Choose the appropriate application: In accordance with certain situations, you may need to choose from various types of green card applications, like an adjustment of status application or a consular processing application.
File the application: You must submit the appropriate green card application, along with any required supporting documents, to the U.S. Citizenship and Immigration Services (USCIS). Be sure to follow all instructions carefully and pay any necessary fees.
Attend biometrics appointment: Once you’ve applied, you will receive a notice to attend a biometrics appointment. USCIS will take your fingerprints, photograph, and signature at this appointment.
Attend an interview: In reference to the type of green card application you filed, you may require to attend an interview with USCIS. During the interview, USCIS will ask you questions about your application and may request additional documentation.
Wait for a decision: After completing all necessary steps, you must wait for USCIS to decide on your green card application. The processing time can vary depending on your case and the workload of USCIS.

Note: If you are applying for a green card with a pending asylum case it can make it complicated, and it may be helpful to consult with an experienced immigration attorney who can support you legally.

FAQ's

Can I apply for a green card while my asylum case is pending?

Yes, you may be able to apply for a green card while your asylum case is pending, but it will depend on your factual circumstances.

What are the eligibility requirements to apply for a green card while my asylum case is pending?

The eligibility requirements will vary depending on the type of green card you are applying for. Specifically, you should be eligible for a green card under one of the immigration categories, including family-based, employment-based, or diversity lottery. You must also meet the specific requirements for that category, such as having a qualifying family member or employer or being selected in the diversity lottery.

How long does it take to receive a green card while my asylum case is pending?

Here, the processing time for a green card application will vary depending on the type of green card you are applying for & your individual circumstances. For example, some green card applications may take years to process, while others may be approved more quickly.

What happens if my asylum case is denied while my green card application is pending?

Suppose your asylum case is denied while your green card application is pending. In that case, you may still be able to receive a green card if you are eligible under another immigration category. However, the denial of your asylum case may impact your eligibility for certain types of green cards, so it is recommended to have a consultation with an experienced immigration attorney to determine your options.