Green Card for Asylees

On Feb. 2, 2023, we updated guidance in the USCIS Policy Manual to clarify that asylees must have been 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. For more information on lawful permanent resident requirements for naturalization, including physical presence requirements for asylees and refugees, see Volume 12, Citizenship and Naturalization, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization [12 USCIS-PM D.2(D)(7)].

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 the required 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 of physical presence, and it might take longer to process and adjudicate your application. This means your application may be processed more quickly if you wait until 1 year after you are granted asylum to file Form I-485.

In the past, USCIS guidance has differed on whether refugees and asylees must satisfy the 1-year physical presence requirement from when they file Form I-485 or when we adjudicate the application. The updated guidance clarifies that both asylees and refugees must have been physically present in the United States for 1 year as of the date 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 lawful permanent residents (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, 584.24 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;

  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).
  Related Applications

  If you are an asylee and would like to work in the United States, you may do so immediately based on your asylum status. After you are granted asylum in the United States, DHS will issue you a Form I-94, Arrival/Departure Record. You may present your Form I-94 to your employer when completing Form I-9, Employment Eligibility Verification. The I-94 serves as evidence of your asylum status and as employment authorization. However, you must present Form I-94 with another acceptable document, such as a state-issued driver’s license. For more information about the documents that you may present to an employer when completing Form I-9, see the Handbook for Employers M-274, Section 7.3, Refugees and Asylees.

  Asylees do not need an Employment Authorization Document (EAD) to work in the United States, but some asylees may find it convenient to have one to demonstrate your identity and employment authorization. If USCIS grants you asylum through the affirmative asylum process, we will issue you an EAD at no cost when we grant your asylum status. You do not need to file Form I-765, Application for Employment Authorization, to receive this initial EAD. You will only need to file Form I-765 if your initial EAD card includes errors, you need to renew your EAD, or you need a replacement EAD card.

  However, if you were granted asylum by an immigration judge, we will not issue you an EAD unless you file Form I-765.

  If you choose to obtain an EAD for convenience or identification purposes, or you need to renew or replace your EAD, file Form I-765 by mail to a USCIS lockbox location. Asylees should file under the “(a)(5)” category. As an asylee, you do not need to pay the Form I-765 filing fee for your initial EAD, but you must pay the required filing fee if you apply to renew or replace your EAD.

  Generally, EADs are only valid until the expiration date printed on the EAD. However, as an asylee, you can still work if your EAD is facially expired because asylees do not need an EAD to work in the United States.

  If you are filing Form I-485 to adjust your status to lawful permanent resident, also known as applying for a Green Card, and you are also filing Form I-765 to get an EAD based on your asylum status, do not file your Form I-765 and Form I-485 in the same envelope.

  For more information on where to file Form I-765 based on your asylum status, see the Direct Filing Addresses for Form I-765, Application for Employment Authorization page. For more information about working in the United States, see the Asylum page (“Permission to Work in the United States” section).

  If you are an asylee and would like to travel outside the United States, you may apply for a Refugee Travel Document by filing Form I-131, Application for Travel Document. Do not file your Form I-131 in the same envelope as your Form I-485. For more information about Refugee Travel Documents, see the Travel Documents page.

  If we approve your asylum-based Green Card application, you may use your Green Card as proof of your employment authorization and for travel and identification purposes.

  Legal Reference

  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