One year presence in US for GC post Asylum Approval

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kashmirasylum

New Member
I was approved for asylum in July 2020 and will be in US till January 2021 but I have to attend a semester-long study abroad in Europe for 5 months( not in the country of persecution) from January to May. My question is does the one-year presence need to be continuous 365 days or will my stay prior to my study abroad and after I return also count.
Thank you
 
Looking at the statute it needs physical presence of 365 days but the statute does not define technicalities around physical presence or how short absences might impact it. To be on the safe side, Id say apply after 365 days of actual presence. Otherwise they will deny your application and you will lose your fees and will need to pay and apply again.
 
kashmirasylum said:
I was approved for asylum in July 2020 and will be in US till January 2021 but I have to attend a semester-long study abroad in Europe for 5 months( not in the country of persecution) from January to May. My question is does the one-year presence need to be continuous 365 days or will my stay prior to my study abroad and after I return also count.
Thank you
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Based on what I’ve read is that physical presence means that you made United States your Permanent residence and physically present in the U.S. for at least one year since being granted asylum. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-asylees (Physical presence is exactly what it sounds like: you, personally, must be present in the United States. Not your home, your family, your mailing address, or your possessions.) I’m one of those people have an opinion that asylum status and LPR status is not really a stable status for those who are legitimately scared of COP based on what we Have learned from the current Trump’s administration Policies and their hate for immigrants and what happened to Khashoggi. So long as you can justify why you were gone that long it may be okay. but you have to seek immigration attorneys support on what to do next.
 
kashmirasylum said:
I was approved for asylum in July 2020 and will be in US till January 2021 but I have to attend a semester-long study abroad in Europe for 5 months( not in the country of persecution) from January to May. My question is does the one-year presence need to be continuous 365 days or will my stay prior to my study abroad and after I return also count.
Thank you
Click to expand...
The problem is that when you apply for GC the officer might consider that you can be "firmly resettled" in the country where you spent your 5 month study, especially if that country can offer you refugee or asylee status, thus they might deny your GC. You need to prove that the European country did not offer you a "firm resettlement" or you don't have that option there, in addition to the one year physical presence. I highly encourage you to talk to an experienced lawyer before you leave to that 5 month study abroad, especially if this travel is not critical to you or your career.
 
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