PA-2023-01: Asylee and Refugee Adjustment 1-Year Physical Presence Requirement

[CWH]

According to USCIS' Policy Aleart on 02/02/2023, asylum applicants who were granted "asylee" status may file for adjustment of status (AOS) before 1 year physically present in the U.S.

Policy Highlights

• Provides that asylees and refugees are required to accrue 1 year of physical presence by the time of adjudication of the adjustment of status application, rather than by the time they file the application (and that USCIS may request additional information to determine such physical presence in the United States).
• Clarifies that asylee and refugee adjustment applicants who have held the immigration status of exchange visitor (J-1 or J-2 nonimmigrants) and who are subject to the 2-year foreign residence requirement under INA 212(e) are not required to comply with or obtain a waiver of such requirement in order to adjust status under INA 209.
• Makes technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility and removing references to the obsolete Decision on Application for Status as Permanent Resident (Form I-291).
• Provides that USCIS considers a refugee or asylee who adjusted status to a permanent resident despite filing for adjustment before accruing 1 year of physical presence to have been lawfully admitted for permanent residence for purposes of naturalization if the applicant satisfied the physical presence requirement at the time of approval of the adjustment of status application.

This is good news for refugees and asylees who are eagerly awaiting their 1-year mark. I am one of those who was granted asylee status recently. Once I receive my I-94, I will promptly file my I-485 application. Based on the current estimated processing time, it is highly probable that my application will be reviewed and adjudicated after my 1-year mark.

Proceed at your own risk. It's best that you consult with an immigration attorney or a qualified legal professional who can provide personalized advice based on your specific situation.

Best of luck with your applications, and I hope everything goes smoothly for you!