My family and I are under asylum and been given ABC settlement since 2004. We have jobs and pay taxes. Can we apply for permanent residency status?
The short answer is that you most certainly can apply for LPR status, based upon I-881 Special Rule Cancellation of Removal.
Yes, you should be able to. Usually an asylee is allowed to apply for LPR 1 year after he receives asylum.
ABC registration expired in 1991. If your asylum is pending and you registered for ABC during the qualifying period and you are from one of the qualifying countries and meet other requirements, you may apply for NACARA.
You should get a copy of your file and make an appointment with an attorney. You cannot be part of the ABC settlement since 2004. Perhaps 1994. If the lead applicant entered before the end of 1990 and is in fact a ABC class member, NACARA can be the benefit. However, a determination of eligibility must be made.
Because you (and your family) are asylees, all of you may apply for a green card/permanent resident status one (1) year after being granted asylum if you have been physically present in the U.S. for at least 1 year after being granted asylum (which you have); continue to meet the definition of a asylee (or continue to be the spouse or child of such asylee); have not abandoned your asylee status; are not firmly resettled in any foreign country; and continue to be admissible to the U.S. (Note: waiver may be available if you are now inadmissible). Note that each case is fact specific and the answer may change depending on your particular circumstances.
Possibly. An immigration attorney would need to review your documents to establish your continued eligibility for benefits under the ABC class action.
In general, a person who has been granted asylum is eligible to apply for lawful permanent residence after 1 year. I would need additional information from you and your family members to determine if you are specifically eligible for adjustment of status or not.
Adjustment of Status to permanent resident from Asylee status is subject to annual quotas, so an examination of your paperwork would be necessary to determine your place in the waiting line. It appears that you may be eligible, but further analysis, review, and inquiries must be made to make a more definite determination.
More information is needed. ABC Class members should have gone through their ABC Hearing by now. Yet, some missed their interview and their cases administratively closed. There may still be hope. I strongly recommend an appointment with a competent and experienced immigration attorney.
Asylees can file for permanent residency one year after being granted asylum. My recollection is that the ABC settlement was just the route to asylum and doesn't change your rights as asylees.
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