How Can a Refugee Obtain a Green Card?

Every year tens of thousands of refugees enter the United States looking for refuge and peace. They may have escaped violence, religious persecution, or some other conflict and have come to the U.S. looking for a fresh start. By law, a refugee can obtain a green card after being physically present in the United States for one year. Speak with a green card immigration lawyer in NYC for skillful legal advice and representation when attempting to procure permanent resident status.

What is a Refugee?

The United States defines a refugee as a foreign individual who was forced to flee their country due to persecution or some conflict. To be considered a refugee under U.S. law you must meet the following criteria.

• Be located outside of the United States
• Be of a special humanitarian concern to the U.S.
• Demonstrate a fear of persecution due to race, religion, nationality, political opinion, etc.
• Not be firmly settled in another country
• Be admissible into the U.S.

An individual who meets all of the above criteria can be considered a refugee and attempt to remain in the United States to avoid persecution or violence.

What is the Process for a Refugee to Get a Green Card?

When a refugee has been in the country for a year, United States immigration law requires them to apply for permanent residence, also known as a green card.

To apply for a green card as a refugee you must file Form I-485, the Application to Register Permanent Residence or Adjust Status. This document must be filed along with the following.

• Proof of your admission to the country as a refugee
• Evidence that you have been physically present in the U.S. for one year
• Two current passport-style photos of yourself
• A copy of your government-issued identification
• A copy of your birth certificate
• A copy of your passport page with a nonimmigrant visa
• A copy of your passport page with admission to the country
• A copy of Form I-94, the Arrival/Departure Record, or a copy of the U.S. Customs and Border Protection admission

Refugees are not required to pay the application fee or biometrics fee. It is also important to note that relatives of the applicant may be eligible for a green card through them. A spouse or child of the applicant can apply for adjustment of status. Children must be unmarried and under the age of 21.

What if You Do Not Apply After One Year in the U.S.?

If you have been present in the United States for a significant period over the one-year mark and you still have not applied for your green card you may face issues. The United States Citizenship and Immigration Services often overlooks late applications given that the individual is still eligible to remain in the country and they are still unable to return home. However, there is no telling whether or not they will turn a blind eye so it is important to be prepared and abide by the one-year law. Work with an immigration attorney for help and advice if you are approaching the one-year mark or have already missed it.