USCIS Clarifies Physical Presence Requirements for Asylees and Refugees Applying for Adjustment of Status

The USCIS has recently updated its rule on the adjustment of status for asylees and refugees seeking an asylum green card.

Previously, the rule required that asylees and refugees must have lived in the US for a full year before filing for a green card. However, the new update clarifies that the one-year physical presence requirement is now satisfied at the time of green card approval. As a result, asylees and refugees may be able to file for their asylum green card without waiting a full year. 

Despite this change, it’s important to note that the USCIS still requires asylees to have physical presence in the US for at least one year after being granted asylum to be eligible for adjustment of status. This change applies to all Form I-485 applications that were pending on February 2, 2023, as well as those filed on or after that date. The purpose of this update, the USCIS says, is to ensure uniformity in the processing of adjustment for refugees and asylees. In cases where the USCIS is unable to confirm an applicant’s compliance with the one-year physical presence requirement based on their existing file or records, they may ask for further documentation as proof. 

If you have been granted an asylee status recently, it is important that you know what legal steps necessary and what options are available to you. If you need assistance with applying for an asylum green card, get in touch with our team today.

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