Published: June 15, 2023
USCIS now allows asylees and refugees to adjust their status sooner than before. No more waiting a full year after being granted status!
USCIS clarifies that applicants must have been physically present in the United States for one year at the time their Form I-485 is adjudicated, rather than at the time of filing their adjustment of status application.
This clarification ensures that asylees and refugees no longer need to wait for a full year after their status is granted to begin the adjustment process. It streamlines the procedure and provides greater flexibility for individuals seeking to become permanent residents.
While there’s some confusion on the exact timing, USCIS officials explained that filing just before the 12-month mark is likely to be accepted. However, filing too early may result in a request for additional physical presence evidence. But hey, progress is progress!
We’re keeping a close eye on how this new guidance is being applied. If you’ve already filed an adjustment application before reaching one year of physical presence, you may share your experience by completing the “Report a Trend” form.
Exciting times ahead! Let’s continue supporting asylees and refugees on their journey to a brighter future.
Source: AILA – Practice Alert: Asylee and Refugee-Based I-485 Physical Presence Documentation
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)