Applying for lawful permanent resident (LPR) status also known as a green card through refugee or asylee status requires that you have obtain the refugee or asylee status 12 months (one year) before applying for the green card.
To be eligible for a green card as an asylee, you must meet the following requirements:
1. Green card through family
2. Green card through employment
3. Green card as a “Special Immigrant”
4. Green card through refugee or asylee status
5. Green card for human trafficking and crime victims
6. Green card for victims of abuse
7. Green card through other categories
8. Green card through registry
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If you have a T non-immigrant visa, you may be eligible to become a lawful permanent resident (obtain a green card) if you meet all the requirements. A T visa is given to victims who assist law enforcement in the investigation or prosecution of human trafficking cases.
To be eligible for a green card based on human trafficking and/or as a crime victim, you must meet the following criteria:
You were entered the United States on a valid T-1 non-immigrant visa
You continue to hold a valid T-1 non-immigrant visa at the time of applying for a green card
You have maintained continuous physical presence in the United States for either:
A continuous period of at least 3 years since the date when you were first lawfully admitted as a T-1 non-immigrant; or
A continuous period during the trafficking investigation or prosecution that the U.S. Attorney General has determined is now complete, whichever period is shorter (a or b)
You have shown good moral character since first being admitted as a T-1 non-immigrant and during the entire time your Form I-485, Application to Register Permanent Residence or Adjust Status, is pending; and
You meet one of the following:
You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking since first being admitted as a T-1 non-immigrant and until USCIS decides on your Form I-485
You would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or
You were under 18 years of age at the time of the trafficking
In addition, before you can obtain a green card, you must be admissible to the United States as a lawful permanent resident. Otherwise, you must have been granted a waiver by USCIS of any waivable grounds of inadmissibility that apply to you
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To maintain continuous physical presence, you cannot be outside the United States for more than 90 days at a time or for any periods that add up to more than 180 days, unless you can demonstrate that:
The absence was necessary to assist in the investigation or prosecution of the acts of trafficking; or
An official involved in the investigation or prosecution of the acts of trafficking certifies that your absence was otherwise justified.
Unless your absence was excused for either of these reasons, you break your continuous physical presence if you are outside the United States for more than 90 days at a time or for any periods that add up to more than 180 days.
U.S. immigration law allows non-citizens who have been victims of certain crimes and granted U non-immigrant status (U visa) to become lawful permanent residents (get a green card). To qualify for a green card as a crime victim, you must have U non-immigrant status and meet certain eligibility requirements. U-1 non-immigrant status is for victims of certain crimes who have suffered substantial physical or mental abuse and are helpful to the investigation or prosecution of the criminal activity. Qualifying family members of U-1 non-immigrants may receive U-2 (spouse), U-3 (child), U-4 (parent), or U-5 (sibling) non-immigrant status.
To be eligible for a green card based on U-1 non-immigrant status, you must meet the following requirements:
You properly file Form I-485, Application to Register Permanent Residence or Adjust Status
You were lawfully admitted in U-1 non-immigrant status
You are in U-1 non-immigrant status at the time you file your Form I-485
You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 non-immigrant. You must have at least three years of continuous presence at the time you file your Form I-485 and must continue to be physically present through the date that USCIS makes a decision on your adjustment application
You have not unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity, starting from when you were first admitted as a U-1 non-immigrant through the date that USCIS makes a decision on your application
You are not inadmissible under INA section 212(a)(3)(E)
Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and
You merit a favorable exercise of discretion (see Discretion below)
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If you are adjusting status based on U non-immigrant status, you are not generally required to be admissible to the United States. However, if you have participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing, you are inadmissible under INA 212(a)(3)(E) and you are ineligible for a green card. USCIS cannot waive this ground of inadmissibility or provide any other form of relief for this ground of inadmissibility.
If you have committed any act that would count as a ground of inadmissibility, USCIS will consider that information when adjudicating your application. Read the Discretion section immediately below for more information.
Discretion - Adjustment of status based on U non-immigrant status is not an automatic benefit, so you bear the burden of showing that USCIS should use its discretion to approve your adjustment of status application. When making a discretionary decision on your application, USCIS will consider all factors, including those acts that would otherwise make you inadmissible.
Generally, favorable factors such as family ties, hardship, and length of residence in the United States may be sufficient for USCIS to use its discretion to approve your application. However, when adverse factors are present in your case, you may offset these by submitting supporting documentation of favorable factors you wish USCIS to consider.
Please note: people with pending Form I-485 are allowed to request permission to work in the United States. This permission must be filed separately and is not granted automatically with the green card approval.
If applying for a green card is relevant to you in any kind of way and/or extent, make sure to acquire the professional legal services of a U.S. immigration attorney. If applying for a green card as a human trafficking or crime victim is not the right green card application process for you, continue to read our other posts about how to obtain green card status.
