What Is an Asylee
An asylee is a foreign national who has been granted asylum status by the United States after USCIS or an immigration judge determines they have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. This status is distinct from refugee status only in the application location, asylum seekers apply from within the U.S. or at a port of entry, while refugees apply from outside the country.
Once approved, an asylee receives work authorization (Employment Authorization Document, or EAD) and a travel document (Advance Parole). They gain the right to remain in the United States indefinitely and can petition for certain family members to join them through derivative asylum status or by sponsoring them separately.
Asylee Timeline and Green Card Eligibility
One critical aspect of asylee status is the path to permanent residence. After one year of approved asylum status, an asylee becomes eligible to apply for a Green Card through adjustment of status using Form I-485. This one-year waiting period begins on the date USCIS approves the asylum application or an immigration judge grants asylum, not on the date the application was filed.
The process requires submission of Form I-485 with supporting documents, medical examination (Form I-693), and a biometrics appointment. Processing times for adjustment of status vary by USCIS field office, typically ranging from 8 to 18 months. Once approved, an asylee becomes a lawful permanent resident and can sponsor family members, establish consular relationships, and eventually pursue citizenship after five years of permanent resident status.
Work Authorization and Travel Benefits
- Employment Authorization: Asylees receive an EAD valid for two years, renewable upon expiration. They can work for any employer and are not restricted to a specific job or sponsorship requirement.
- Travel: Asylees must obtain Advance Parole (Form I-131) before leaving the United States. Returning without valid parole can result in loss of asylee status. Parole is typically valid for one year and renewable.
- Social Security: Asylees are eligible for a Social Security number once they have work authorization and can open bank accounts and establish credit.
- State Benefits: Many states offer Medicaid and other state assistance programs to asylees, though eligibility varies by state.
Common Questions
- Can an asylee leave the U.S. and return? Only with approved Advance Parole. Departing without it abandons asylum status. Reentry with valid parole does not affect status.
- How long does it take to become a Green Card holder as an asylee? One year of status eligibility plus 8 to 18 months for adjustment of status processing, typically 18 to 30 months total from initial asylum approval.
- Can an asylee sponsor family members? After one year of status, asylees can petition for spouses and unmarried children under age 21 through derivative status. Once they obtain a Green Card, they can sponsor additional family members as immediate relatives or through family preference categories.