# Green Card for Asylees

**Alert: USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for a Green Card**

On Feb. 2, 2023, we updated guidance in the USCIS Policy Manual to clarify that asylees must be physically present in the United States for 1 year when we **adjudicate** their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than when they **file** Form I-485 to get a Green Card. This guidance applies to all Forms I-485 and Forms N-400, Application for Naturalization, pending on Feb. 2, 2023, and to those filed on or after that date. 

If you are an asylee, this clarification does not change the statutory requirement that you must have at least 1 year of physical presence in the United States in asylee status before you adjust your status to lawful permanent resident (get a Green Card), or that you start accruing physical presence on the date you are granted asylum. You may file Form I-485 to apply for a Green Card before you have been physically present in the United States for 1 year. However, if you file Form I-485 less than 1 year after you are granted asylum, and we cannot determine whether you have been physically present in the United States for 1 year, we may request additional evidence, and it might take longer to adjudicate your application. This means we may be able to process your application more quickly if you wait to file Form I-485 until 1 year after you are granted asylum.

In the past, USCIS guidance has differed on whether refugees and asylees must satisfy the 1-year physical presence requirement when they file Form I-485 or when we adjudicate it. The updated guidance clarifies that both asylees and refugees must have been physically present in the United States for 1 year when we adjudicate your application, rather than when you file it. For more information on the physical presence requirement for asylees, see Volume 7, Part M, Chapter 2, Section A, of the USCIS Policy Manual.

This page provides specific information for asylees in the United States who want to become LPRs (get a Green Card). This is called “adjustment of status.” **You should also read the****Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status** (PDF, 686.14 KB)**before you apply.**

In order to be eligible for a Green Card as an asylee, you must meet the following requirements:
                    - You properly file  Form I-485, Application to Register Permanent Residence or Adjust Status ;
                    - You are physically present in the United States when you file your Form I-485;
                    - You have been granted asylum status by USCIS or former INS, an immigration judge with the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals with EOIR, or a federal court;
                    - You have been physically present in the United States for at least 1 year after you were granted asylum;
                    - You continue to meet the definition of a refugee (for example, a principal asylee), or to be the spouse or child of a refugee (for example, a derivative asylee);
                    - You have not firmly resettled in any foreign country;
                    - Your grant of asylum has not been terminated;
                    - You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
                    - You merit the favorable exercise of  discretion .

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.

While in general, USCIS can only approve your Green Card application if none of the applicable grounds of inadmissibility apply to you, certain grounds of inadmissibility do not apply to asylum adjustments. See USCIS Policy Manual, Volume 7, Part M, Asylee Adjustment.

In addition, some grounds of inadmissibility may be waived for asylees applying for adjustment of status. See Form I-602, Application by Refugee for Waiver of Grounds of Excludability. If a waiver or other form of relief is granted, we may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility grounds that apply to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For more information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 7, Part M, Chapter 3.

If you are an asylee and you are physically present in the United States, you may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

A noncitizen who was granted asylum status based on a determination that they are a refugee under INA 101(a)(42) is called a principal asylee. If you are a principal asylee, you should submit the following documentation and evidence to apply for a Green Card:
                    - Form I-485, Application to Register Permanent Residence or Adjust Status  with the required fee or with  Form I-912, Request for Fee Waiver ;
                    - Proof of your grant of asylum (such as a copy of the letter, decision of an immigration judge, or Form I-94, Arrival/Departure Record that shows the date you were granted asylum);
                    - Evidence of 1 year of physical presence in the United States after the grant of asylum status. (If you file Form I-485 less than 1 year after you are granted asylum, we may need to send you a request for evidence, and it may take longer for us to adjudicate your application);
                    - 2 passport-style photographs;
                    - Copy of your government-issued identity document with photograph;
                    - Copy of your birth certificate (if available);
                    - Copy of your passport page with nonimmigrant visa (if available);
                    - Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available);
                    - Form I-693, Report of Medical Examination and Vaccination Record  (You may submit this form together with Form I-485 or later. For example, if you do not submit Form I-693 with your Form I-485, you may submit it when USCIS requests it, or in person if you have an interview.);
                    - Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
                    - Form I-602, Application by Refugee for Waiver of Grounds of Excludability  (if applicable).

For more information on applying for adjustment of status, see the Instructions for Form I-485. Please also see our page on Tips for Filing Forms with USCIS.

If you were granted derivative asylum status based on your spouse’s or parent’s principal asylum grant, you may apply for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part M, Chapter 2, Section C.

**Eligibility Criteria for Adjustment of Status as Derivative Asylees**

In order to be eligible for asylum-based adjustment as a derivative asylee, you must meet the following requirements:
                    - You properly filed your Form I-485:
                    - You are currently the principal asylee’s  spouse or child and the principal asylee still meets the definition of a refugee;
                    - You were granted asylum:                       - As an accompanying derivative of the principal asylee because you were included on the principal asylee’s  Form I-589, Application for Asylum and for Withholding of Removal ; or
                      - As a following-to-join beneficiary of an approved  Form I-730, Refugee/Asylee Relative Petition , filed by the principal asylee;
                    - You are physically present in the United States when you file your Form I-485;
                    - You have been physically present in the United States for at least 1 year since you were granted asylum status as a derivative. (If you file Form I-485 less than 1 year after you are granted asylum, we may need to send you a request for evidence, and it may take longer for us to adjudicate your application);
                    - Your grant of asylum has not been terminated;
                    - You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
                    - You merit the favorable exercise of discretion.

**What to Submit (Derivative Asylees)**

If you are applying to adjust status as a derivative asylee , you should submit the following documentation and evidence:
                    - Form I-485, Application to Register Permanent Residence or Adjust Status , with the correct fee or with  Form I-912, Request for Fee Waiver ;
                    - Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
                    - Evidence of your asylum status (such as a copy of the letter, decision of an immigration judge, Form I-94, Arrival/Departure Record, or approved Form I-730 Petition filed on your behalf that shows the date you were granted asylum as a derivative);
                    - Evidence of 1 year of physical presence in the United States after being granted asylum status;
                    - 2 passport-style photographs;
                    - Copy of your government-issued identity document with photograph;
                    - Copy of your birth certificate (if available);
                    - Copy of your passport page with your nonimmigrant visa (if available);
                    - Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available);
                    - Form I-693, Report of Medical Examination and Vaccination Record  (You may submit this form together with Form I-485 or later. For example, if you do not submit Form I-693 with your Form I-485, you may submit it when USCIS requests it, or in person if you have an interview.);
                    - Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
                    - Form I-602, Application by Refugee for Waiver of Grounds of Excludability  (if applicable).

For more information, see the following:
                    - INA 208  – Asylum
                    - INA 209(b)  – Adjustment of Status of Refugees
                    - INA 212  – Excludable Aliens
                    - 8 CFR 209.2  – Adjustment of status of alien granted asylum
                    - USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
                    - USCIS Policy Manual, Volume 7, Part L, Asylee Adjustment

03/06/2024

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