The U.S. Citizenship and Immigration Services (USCIS) updated its policy in February 2023 to clarify that asylees must meet the one-year physical presence requirement for a Green Card at the time their application is adjudicated, rather than at the time they file it. This change provides greater flexibility for asylees seeking to adjust their status to lawful permanent resident.
Understanding Green Cards for Asylees
After being granted asylum in the United States, asylees are eligible to apply for a Green Card (permanent residence) one year after their asylum grant. This allows them to live and work permanently in the U.S. and eventually apply for U.S. citizenship.
The Updated Physical Presence Rule
Effective February 2, 2023, USCIS updated its guidance in the USCIS Policy Manual regarding the physical presence requirement for asylees applying for a Green Card via Form I-485, Application to Register Permanent Residence or Adjust Status.
| Aspect | Previous Understanding (Pre-Feb 2023) | New Rule (Effective Feb 2, 2023) |
|---|---|---|
| One-Year Physical Presence | Required at the time of filing Form I-485 | Required at the time USCIS adjudicates (makes a decision on) Form I-485 |
| Implication | Less flexibility; asylees had to wait a full year before submitting their application. | More flexibility; asylees can file Form I-485 before completing the full year of physical presence, as long as they meet it by the time USCIS reviews their case. |
This means that asylees no longer need to strictly ensure they have been physically present in the U.S. for an entire year on the exact day they mail their Form I-485 application. Instead, they simply need to have accumulated that one year of physical presence by the time USCIS processes and makes a decision on their application.
Key Eligibility Requirements for Asylee Green Card Applicants
Beyond the physical presence clarification, asylees must meet several other criteria to be eligible for a Green Card:
- Asylum Status: You must have been granted asylum in the United States.
- One Year Physical Presence: You must have been physically present in the U.S. for at least one year since the date your asylum was granted. As per the new rule, this must be met by the time USCIS adjudicates your Form I-485.
- Not Firmly Resettled: You must not have "firmly resettled" in any foreign country since your asylum grant. Firm resettlement refers to receiving an offer of permanent residence, resettlement, or other similar status in another country.
- Admissibility: You must be admissible to the United States as a permanent resident, or qualify for a waiver of inadmissibility.
Applying for a Green Card as an Asylee
To apply, eligible asylees must file Form I-485, Application to Register Permanent Residence or Adjust Status. It's crucial to follow all instructions, submit required supporting documentation, and attend any necessary appointments, such as biometrics or interviews.
For detailed and up-to-date information regarding the application process and specific requirements, asylees should always consult the official USCIS website: Green Card for Asylees.
