Green Card For Asylees and Refugees

Asylees and refugees are individuals who have faced persecution or have a well-founded fear of persecution in their home countries based on race, religion, nationality, membership in a particular social group, or political opinion. The asylum process allows asylees to apply for protection after arriving in the United States, while refugees receive their status while still outside the U.S.
As an asylee or refugee in the United States, you can adjust your status to a lawful permanent resident (LPR), commonly known as obtaining a Green Card. In this guide, we will discuss the key requirements for asylees and refugees to adjust their status and some important recent updates from the U.S. Citizenship and Immigration Services (USCIS). Understanding these requirements is crucial to ensuring a smooth process if you seek to become a Green Card holder after being granted asylum or refugee status.

Requirements for Asylees and Refugees to Adjust Status

To adjust your status from either asylee or refugee to lawful permanent resident (Green Card), you must meet the following requirements:

1. Physical Presence for Asylees and Refugees: You must have been physically present in the U.S. for at least one year since being granted asylum or refugee status.
2. Continued Eligibility as a Refugee or Derivative Status: If you are a refugee, you must continue to meet the definition of a refugee. If you are a derivative asylee, you must continue to be the spouse or child of the principal asylee.
3. No Firm Resettlement: You must not have firmly resettled in any other country after being granted asylum or refugee status.
4. Admissibility to the United States: You must be admissible to the U.S. as an immigrant at the time of examination for adjustment of status. Certain exceptions and waivers are available.

If an asylee or refugee fails to meet any of these requirements, they are statutorily ineligible for adjustment of status.

IMMACT 90 and Special Considerations for Pre-1990 Asylees
Immigration Act of 1990 (IMMACT 90)

The Immigration Act of 1990 (IMMACT 90) introduced additional eligibility requirements for asylees seeking to adjust their status. However, USCIS clarified that individuals who were granted asylum before the enactment of IMMACT 90—specifically before November 29, 1990—are not subject to these additional requirements. Such applicants can adjust their status without needing to meet the one-year physical presence requirement or continue to meet the refugee definition if they have not firmly resettled in another country and are admissible to the U.S.
While it is unlikely that many such cases are still pending, USCIS officers are advised to remain aware of these provisions for asylees who were granted asylum before November 29, 1990.

Physical Presence Requirement Clarified

The physical presence requirement for an asylee or refugee Green Card is one of the most important aspects of adjusting your status. Recently, on February 2, 2023, USCIS updated its policy manual to clarify that asylees and refugees must have been physically present in the United States for at least one year at the time of adjudication of Form I-485, Application to Register Permanent Residence or Adjust Status. This differs from the previous guidance, which did not clarify whether the requirement had to be met at the time of filing or adjudication.

Only the time spent physically in the United States counts toward this requirement, and asylees and refugees should be aware that any travel outside of the country could delay meeting the one-year threshold. If you are a derivative asylee, the date you start accruing physical presence may depend on whether you were inside or outside the U.S. when your Form I-730 petition was approved. The USCIS officer reviewing your application will determine if the physical presence requirement has been met and may request additional documentation.

Filing Form I-485 for Green Card (Asylees and Refugees)

Whether you are an asylee or a refugee, you can file Form I-485 before being physically present in the United States for one year, which may result in delays. Understanding the Form I-485 filing requirements for asylees and refugees is essential to avoid unnecessary complications. If USCIS cannot determine whether you have met the one-year physical presence requirement during adjudication, they may request additional evidence, which could prolong processing times. For faster processing, waiting until you have met the one-year physical presence requirement before filing may be wise.

Pathway to Permanent Residency: Your Next Steps

Adjusting status from an asylee or refugee to a lawful permanent resident (Green Card) is important in establishing a stable life in the United States. Contact Law Offices of Osas Iyamu, LLC  today for help with your asylee or refugee Green Card application process. The process requires careful attention to eligibility requirements, including the one-year physical presence, admissibility, and continued refugee status. Understanding these requirements and USCIS updates will help you navigate the adjustment process more smoothly and increase your chances of success in obtaining a Green Card.If you have questions about the adjustment process or need assistance filing your application, consulting with immigration attorney Osas Iyamu can be beneficial to ensure your application meets all the necessary criteria.