A person who is in the United States on asylum may wonder what their options are when they want to become a permanent resident. In order to do so, they will have to meet a number of qualifications that would allow them to adjust their status. There are four requirements that the asylee must meet.
First, the asylee needs to be physically present in the country for a minimum of one year after the date you have entered for asylum. In addition, they must still meet the qualifications to be considered an asylee. This means that the individual must be in jeopardy of persecution in their home country based on religion, political opinion, race, nationality, or their membership in certain social groups. The individual is not permitted to resettle in another country if they want to be considered for an adjustment of status. Finally, the asylee must be admissible to the U.S. as an immigrant when they are considered for a status adjustment.
In the event that the individual no longer meets the requirements to be considered a refugee, they can’t apply for an adjustment of status as an asylee. In most cases, an officer won’t reinstate the asylum claim. If the person was granted asylum but did not actually qualify as a refugee at the time they were granted asylum anyway, the officer may refer their case to an immigration judge for their status to be terminated.
If you have questions about seeking asylum or adjusting your status, contact an experienced immigration law attorney today who can provide you with assistance.
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.