Moreover, USCIS also noted that as a result of the REAL ID ACT provisions that eliminated the annual 10,000 cap on asylee adjustments, it hoped to be current with the I-485 asylee adjustment workload by the end of FY 2008. It strongly encouraged CBO's to remind their clients to make sure that any necessary change of address notifications had been properly made. It also suggested that asylee adjustment applicants who were filing for multi-year EADs watch the I-485 processing times indicated on the USCIS website in order to avoid paying for multi-year EADs that they would not need. It further noted that staff from the Texas Service Center (TSC) were being trained to assist the Nebraska Service Center with asylee adjustment processing.
Update on Coercive Population Control (CPC) Asylum Grants. The REAL ID Act eliminates the annual 1,000 cap on CPC asylum grants. USCIS noted that it had just over 1,000 CPC conditional grant cases in its jurisdiction and that the Executive Office for Immigration Review (EOIR) had between 8,300-8,400 in its jurisdiction. USCIS stated that it had reinitiated background checks for all of the cases within its jurisdiction and had issued new fingerprint notices for all cases if fingerprints had expired. USCIS stated that it hoped to process and finalize grants for all remaining 1,000 cases within its jurisdiction within 60 days.
Question: Can an asylee apply to adjust prior to one year from the grant? The INA says you cannot be approved till you have been an asylee for a year. The regulation says that to APPLY you must show you have been physically present in the US for a year, but makes no reference to whether you have to show the asylee grant was a year prior to application. 8 CFR sec. 209.2(c). Also the adjustment date is one year prior to the approval of adjustment, but not prior to the date of approval of asylum status. 8 CFR sec. 209.2(f). The last "not prior to" phrase would be unnecessary if you had to wait a year after the asylum grant in order to file.
USCIS Response: No. The applicant must have been granted asylum one year prior to the time that they can file the actual adjustment of status application. There is no provision in the regulations that provides for an early filing.
Update on Coercive Population Control (CPC) Asylum Grants. The REAL ID Act eliminates the annual 1,000 cap on CPC asylum grants. USCIS noted that it had just over 1,000 CPC conditional grant cases in its jurisdiction and that the Executive Office for Immigration Review (EOIR) had between 8,300-8,400 in its jurisdiction. USCIS stated that it had reinitiated background checks for all of the cases within its jurisdiction and had issued new fingerprint notices for all cases if fingerprints had expired. USCIS stated that it hoped to process and finalize grants for all remaining 1,000 cases within its jurisdiction within 60 days.
Question: Can an asylee apply to adjust prior to one year from the grant? The INA says you cannot be approved till you have been an asylee for a year. The regulation says that to APPLY you must show you have been physically present in the US for a year, but makes no reference to whether you have to show the asylee grant was a year prior to application. 8 CFR sec. 209.2(c). Also the adjustment date is one year prior to the approval of adjustment, but not prior to the date of approval of asylum status. 8 CFR sec. 209.2(f). The last "not prior to" phrase would be unnecessary if you had to wait a year after the asylum grant in order to file.
USCIS Response: No. The applicant must have been granted asylum one year prior to the time that they can file the actual adjustment of status application. There is no provision in the regulations that provides for an early filing.
