No, you may not apply for lawful permanent resident status under section 209(b) of the INA on the basis of a conditional grant. A conditional grant is not a final approval of asylum. Any time accrued after you have received a conditional grant does not count towards the one-year period that you must be physically present in the United States after a grant of asylum in order to apply for permanent resident status.
If you have received a conditional grant, you may travel outside the United States, so long as you and your derivatives first obtain permission to return to the United States. This advance permission is called advance parole. If you leave the United States without first obtaining advance parole, it may be presumed that you abandoned your request for asylum. You may apply for advance parole by filing a Form I-131, Application for Travel Document, with the USCIS District Office having jurisdiction over your place of residence. If you leave the United States with advance parole and return to the country of claimed persecution, you will be presumed to have abandoned your asylum request, unless you can show compelling reasons for your return to that country.
You will be notified by mail, either by the asylum office that issued your conditional grant, or by the Office of the Chief Immigration Judge or the Board of Immigration Appeals if you received your conditional grant from the Executive Office for Immigration Review (EOIR).
On August 6, 2002, President Bush signed the Child Status Protection Act into law, enabling children who turn 21 years of age while in conditional grant status to continue to be classified as children for asylum adjudication purposes. If your child received a conditional grant of asylum as a derivative included in your asylum application, your child will continue to be eligible for asylum after he or she turns 21, provided that the following two conditions are met: 1) Your child was under 21 years of age when you filed for asylum, and 2) your asylum application was pending on or after August 6, 2002. If these conditions are not met, then your child will have aged out and will no longer be eligible for asylum as a derivative on your asylum application.
The conditional grant does not entitle your spouse or children outside the United States, or those who are in the United States but are not included in your asylum application, to receive derivative asylum status or to be admitted to the United States. If you receive a final approval of asylum, you will be entitled to request derivative asylum for any spouse or unmarried children under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002, by filing a Form I-730, Refugee and Asylee Relative Petition.
Yes, you will need to notify USCIS of any changes of address within 10 days from the date of the change by submitting a Form AR-11, Alien’s Change of Address Card. You should also notify in writing the asylum office with jurisdiction over your case of any change of address.
If you were conditionally granted by an immigration judge or the BIA, you will also need to notify EOIR (either the Immigration Court or the Board of Immigration Appeals, whichever last had jurisdiction over the matter) within 5 days from the date of the change of address. You will need to submit either Form EOIR-33/BIA or EOIR-33/IJ, Change of Address Form, which are available at the Immigration Courts or from the EOIR Internet website.
USCIS and EOIR will notify you of fingerprinting appointments and final approvals at the address you provide. Failure to properly notify USCIS, and where applicable, EOIR, of a change of address may result in a delay or termination of your eligibility for a final grant of asylum.
If you received a conditional grant notice by an asylum office and have not received a final asylum approval notice, you may check on the status of your asylum grant by sending a letter, with a copy of the Conditional Grant Notice, to the asylum office having jurisdiction over your case.
If you received a conditional grant from an Immigration Judge or the Board of Immigration Appeals and have not yet received a final approval notice, you may check the status of your case in accordance with the instructions in the latest CPC press release available on the website of the Executive Office for Immigration Review (EOIR).
Yes. If you have not already done so, you will receive an appointment notice for biometrics collection and re-fingerprinting at an Application Support Center (ASC).
Yes, you and your spouse and/or children who were included in the asylum decision, if any, will continue to be eligible to apply for work authorization while you have a conditional grant. To work in the United States, you must apply for and obtain an Employment Authorization Document (EAD). If authorized, you may accept employment subject to any restrictions in the regulations or on the card. You and your derivatives are not required to pay a fee with your initial request(s) for employment authorization. However, when you submit an application to renew your employment authorization, you must pay a fee or request a fee waiver under 8 CFR § 103.7(c). To obtain an EAD, you and any derivatives who wish to receive work authorization must submit separate applications on Form I-765, Application for Employment Authorization, to the appropriate USCIS Service Center. The instructions to the Form I-765 provide the address of the Service Center where you should send the form, based on where you reside.