Is Asylum In The United States Permanent?

Takeaways:

Asylum in the U.S. is not inherently permanent. However, it opens the door to a lawful permanent residency and eventually citizenship. Asylees can apply for permanent residency (green card) after a year they receive an approval. Asylum is revocable under specific circumstances, which include fraud or criminal activity. Knowing your rights and limitations is necessary for long-term security.

For those seeking asylum in the U.S., it offers a lifeline to fleeing danger. It’s a deeply personal journey from fear to safety, and from uncertainty to legal protection and security for many.

However, questions may often arise, primarily about how long protection lasts. Is asylum permanent? Can it be taken away? Knowing how asylum works is the first step to long-term security.

Asylum Protection In The U.S.

Asylum safeguards those who have experienced or fear serious harm in their home countries. It provides a legal way to stay in the U.S. and build a new life.

However, despite its role in humanitarian law, asylum is often misunderstood, especially when it comes to how long the protection lasts.

Is asylum permanent? Not quite because asylum is a gateway, not a destination. It provides safety and rights, but if you want true permanence, you’ll need to take further steps like applying for a green card and later, citizenship.

What Asylum Status Grants You

When you are granted asylum in the U.S., you receive immediate and important benefits. You can live and work legally, access limited federal aid, and petition for family reunification.

These rights are lifelines for those recovering from trauma or escaping violence.

Work Authorization

As an asylee, you can work legally in the United States. It’s either automatically or by applying for an Employment Authorization Document (EAD) for proof of work eligibility.

Social Security Number

Having a Social Security number enables you to work legally. You can also pay taxes and access important government programs and financial services. These can help you build stability in your new life.

Government Assistance & Health Services

You may qualify for certain government assistance programs and health services. These help you rebuild stability after escaping persecution.

Protection From Deportation

Asylum provides legal protection from deportation back to the country where you faced persecution. This protection ensures your safety and security in the U.S.

Sponsorship For Family

After being granted asylum, you can sponsor your spouse and unmarried children under 21. It’s called derivative asylum. This keeps your family together in safety.

These benefits give the foundation for stability and healing. However, you must keep your foothold strong over time to ensure long-term security in the United States.

Asylum Revocation Can Happen

While asylum provides protection, it is not a permanent immigration status. You receive indefinite permission to stay, but your status can be revoked if conditions change.

Revocation is rare, but it does happen under certain conditions.

Voluntary Return To Country Of Origin

Returning voluntarily to your home country can signal that you no longer fear persecution. It may lead immigration authorities to revoke your asylum status.

Protection In Another Country

Gaining protection in another country, such as obtaining permanent residency abroad, can prompt termination of asylum. The reason is that you now have a safe alternative place to live.

Fraud In The Application

Submitting forged documents or giving false testimony in your asylum application is considered fraud and can result in the withdrawal of your granted status.

Criminal Activity

Engaging in criminal activity, especially violent or aggravated felonies, can make you removable and cause the loss of asylum protections in the United States.

Knowing that asylum is a vulnerable status helps highlight the importance of transitioning to lawful permanent residency.

Green Card Application After Asylum

Once you have lived in the U.S. for one full year after your asylum’s approval, you can apply for a green card, or lawful permanent residency. This step is necessary for turning your temporary protection into permanent status and enjoying fuller legal rights.

To apply, submit Form I-485 along with:

• Proof of your asylum grant (e.g., Form I-94 or asylum approval letter).
• Evidence of continuous presence in the U.S. for at least one year.
• A medical examination by a USCIS-approved doctor.
• Documentation showing you have not engaged in disqualifying conduct, like serious crimes.

Green card status also helps if you want to travel abroad, own property, or apply for federal aid. Most importantly, it sets you on the path to U.S. citizenship.

From Green Card To U.S. Citizenship

After holding a green card for five years (or three years if married to a U.S. citizen), you may qualify to apply for U.S. citizenship through naturalization.

Citizenship through naturalization is a secure immigration status. It cannot be revoked under ordinary circumstances. Requirements for naturalization include:

• Continuous U.S. physical presence for at least half the time.
• Demonstrating good moral character.
• Passing an English and civics test.
• Filing Form N-400 and attending a naturalization interview.

Becoming a citizen means full participation in American life. It includes the right to vote, travel freely with a U.S. passport, and sponsor other family members.

What If You Never Apply For A Green Card?

You remain in this status, maybe because of a lack of information, cost concerns, or apprehension of further legal process. However, it can limit your stability and options.

You may have challenges traveling internationally. You could have difficulty obtaining certain jobs or benefits. Lastly, you have a vulnerable status, subject to review or termination.

Applying for a green card isn’t just a formality. It’s critical in securing your long-term safety and legal footing in the U.S.

Work & Benefits Under Asylum

Employment is one of the immediate and practical benefits of asylum. You can work legally, with or without a separate work permit, though having an EAD can help in job searches.

You may also be eligible for public assistance programs, such as:

• Medicaid or other state health programs.
• SNAP (food stamps) and TANF (temporary cash aid).
• Refugee-specific support, such as the Matching Grant program or Refugee Medical Assistance.

These benefits help with basic needs as new arrivals find housing, employment, and healthcare. However, many programs are time-limited and income-dependent.

Family Members Of Asylees

One of the most powerful parts of an asylum grant is the ability to protect your family. You may petition for their spouse and unmarried children under 21 using Form I-730.

You must petition your family within two years of your asylum approval. After arriving, derivative family members can apply for work permits and live and study legally in the U.S. They can also apply for green cards one year after arrival.

Keeping families unite

d is a core humanitarian value, and the asylum system reflects that.

Travel Cautions For Asylees

If the U.S. grants you asylum, traveling outside the country, especially to your home country, can carry serious legal consequences. You should never use your old passport or return to the country you fled.

What will you do instead? Apply for a Refugee Travel Document using Form I-131. It is recognized internationally and allows you to travel for emergencies or short trips.

Returning to your home country can be interpreted as proof that you no longer fear persecution, which may lead USCIS to terminate your asylum status.

 Asylum Legal Terms

Asylum Is The Start, Not The Finish Line

Asylum is a powerful first step. It gives you safety, rights, and dignity, but it’s not forever. To stay secure, you need to keep moving forward.

Apply for a green card after one year. Consider naturalization once you’re eligible. Avoid actions that could trigger the loss of your status, and always seek legal advice when making big decisions.

Asylum opened the door; now it’s your turn to walk through it with confidence. Lincoln-Goldfinch Law in Austin can help and guide you. Whether you need help applying for a green card, petitioning for family, or just knowing your next steps, let’s build your future together.