☝ The USCIS has made a significant change to the rule governing the adjustment of status for asylees and refugees seeking an asylum green card. The previous rule stated that asylees and refugees must have lived in the US for a full year before filing for a green card. However, the recent update clarifies that the one year of physical presence requirement is satisfied at the time of green card approval. This change could mean that asylees and refugees may no longer have to wait a full year before filing for their asylum green card.
It is important to note that while this change may shorten the wait time for filing, the USCIS policies for adjustment of status for asylees still require physical presence in the US for at least one year after being granted asylum. Additionally, there is some disagreement among immigration attorneys on the interpretation of this change, with some suggesting that asylees may still need to wait a full year before filing.
According to the latest update from USCIS, it appears that asylees are now able to file for a green card after only several months of physical presence in the US. However, this interpretation has sparked a debate among immigration attorneys. Some argue that there are two distinct requirements for asylees to be eligible for a green card: first, they must have been in asylee status for a full year, and second, they must have been physically present in the US for at least one year. While the latter requirement has been clarified by USCIS to mature at the time of green card approval, some attorneys believe that asylees must still wait a full year before filing for adjustment of status. It remains to be seen whether USCIS will provide further clarification on this issue.
According to the USCIS Policy Manual, Volume 7 – Adjustment of Status, Part M – Asylee Adjustment, an asylee may adjust their status to a lawful permanent resident if they meet the following four requirements:
✅ 1 year physical presence in the US after being granted asylum
✅ Continuing to meet the definition of a refugee or being the spouse/child of the principal asylee
✅ Not having firmly resettled in a foreign country
✅ Admissible to the US as an immigrant at the time of adjustment of status examination
The first and foremost requirement for Asylees to be eligible for a green card is to have been physically present in the US for at least 1 year after being granted asylum. This requirement is crucial in determining the eligibility of an asylee for a green card.
👉 The recent update from USCIS regarding the requirement for Asylees and Refugees to have a physical presence in the United States for a full year prior to filing for a Green Card has caused some confusion among immigration lawyers. Some interpret this update as a change in policy, allowing Asylees to file for a Green Card after only several months of physical presence in the US, while others believe that the one year requirement still holds.
It’s important to note that, according to USCIS policy, an Asylee must have been physically present in the United States for at least one year after being granted asylum in order to be eligible for Adjustment of Status to a Lawful Permanent Resident (LPR). Despite this, there seems to be some uncertainty surrounding the new USCIS rule and its potential impact on the timeline for Asylees to apply for a Green Card.
Until further clarification from USCIS, it remains a point of debate among immigration lawyers. Some believe that Asylees should still wait the full year before filing for a Green Card, while others think that the shortened time frame is acceptable. In either case, it is crucial for Asylees to consult with an experienced immigration lawyer to understand their options and ensure they are following all the necessary steps in their Green Card asylum journey.
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