Turning Your Asylum Grant Into a Green Card

An asylee may apply for a green card through adjustment of status. Under 8 U.S.C. § 1159(b)(2), the asylee must have been physically present in the United States for at least one year after the asylum grant, subject to exceptions set out in the regulations. Asylum and a green card are two separate steps. This guide explains how to switch from asylum to green card adjustment of status, what the one-year clock means, who can be included, and where cases often run into trouble.

What Adjustment of Status Means for an Asylee

Adjustment of status is the application for lawful permanent residence, which is the green card, filed while you are already in the United States. You request it on Form I-485, the Application to Register Permanent Residence or Adjust Status.

The rule covers people who have been granted asylum. The federal rule says the status of an alien “who has been granted asylum in the United States may be adjusted” when specific conditions are met (8 C.F.R. § 209.2).

Approval also has a backdating effect. USCIS records your permanent residence as of one year before the approval date, but not earlier than the date of the approval for asylum if you were approved under paragraph (a)(2) of this section (8 C.F.R. § 209.2). This page covers the asylee route for people who already hold asylum and for their family members.

Who Qualifies and When the One-Year Clock Starts

You generally need at least one year of physical presence in the United States after your asylum grant. A principal asylee’s physical presence starts accruing on the date the asylee is granted asylum (USCIS Policy Manual).

Only time spent inside the United States counts. Only time spent in the United States counts, so an asylee who travels outside the United States as an asylee will not meet the physical presence requirement until the cumulative amount of time spent in the United States is at least 1 year (USCIS Policy Manual).

Adjustment requires that you apply, have been physically present in the United States for at least one year after being granted asylum, continue to meet the refugee definition (or, for a derivative, continue to be the spouse or child of the principal asylee), not be firmly resettled in any foreign country, and be admissible.

Admissibility is a separate question. Applicants may be found inadmissible based on any information in the A-file, information submitted with the adjustment application, or information obtained through security checks (USCIS Policy Manual). Health conditions and unlawful presence are two issues the Policy Manual discusses.

Some grounds of inadmissibility can be waived. Certain waivers can be granted for humanitarian reasons, family unity, or the public interest. This type of waiver does not require the applicant to prove extreme hardship (USCIS Policy Manual, Part M, Chapter 3).

Firm resettlement can also block the case. An applicant is only considered firmly resettled in another country if they have been offered resident status, citizenship, or some other type of permanent resettlement in that country (USCIS Policy Manual).

Family Members Who Can Be Included in the Application

Your spouse and child may be able to apply with you if they were included in your grant.

If a family member was left out of the grant, you can file for them. You must file a separate Request for Refugee/Asylee Relative for each qualifying person within two years of your asylum grant. USCIS can extend that period for humanitarian reasons (8 C.F.R. § 208.21). When an asylee applies to adjust status, an officer reviews the A-file for proof of asylum status, and the A-file should contain an approved Application for Asylum and for Withholding of Removal (Form I-589) or an approved Refugee/Asylee Relative Petition (Form I-730), according to the USCIS Policy Manual.

Age and marital status matter for children. An approved request stays valid for a child while the child is under 21 and unmarried, as long as the principal’s status has not been revoked (8 C.F.R. § 208.21).

Under INA section 204(l), an applicant who meets all of its requirements will remain a derivative spouse or child of an asylee for purposes of adjustment of status even after the principal asylee’s death (USCIS Policy Manual).

Expect to show proof of identity and family ties. The asylum application (Form I-589) or relative petition (Form I-730) is usually the most important document. Unlike refugees, derivative asylees may not have their vaccination records completed by a health department with a blanket waiver as a civil surgeon, because blanket waivers for civil surgeons only extend to refugee vaccination certifications (USCIS Policy Manual).

Filing Form I-485: Evidence, Travel, and Fees

According to the USCIS Policy Manual, each asylee seeking to adjust status must file a separate application with fee (unless granted a fee waiver), whether the applicant is a principal or derivative asylee. This separate-filing requirement, with fee unless a fee waiver is granted, applies whether the applicant is a principal or derivative asylee (USCIS Policy Manual).

USCIS fees follow the rules in 8 CFR part 106 (8 C.F.R. § 103.7). If you file certain applications with an immigration court, such as one to adjust status to lawful permanent resident, a separate fee applies (8 U.S.C. § 1812). DHS may also collect biometric information for background and security checks (8 C.F.R. § 103.16).

Travel is the most common way asylees put their case at risk.

Review your travel history before any trip is planned.

If you are in removal proceedings, the adjustment application can be filed and considered only in those proceedings (8 C.F.R. § 209.2). Before anything is filed, review your grant papers, family list, and travel history in a paid consultation with our office.

What to Expect After You File: Timeline and Interview

After filing, USCIS will notify you in writing of its decision (8 C.F.R. § 209.2). The agency decides on a case-by-case basis whether an interview is needed (8 C.F.R. § 209.2).

Although an applicant may submit an Arrival/Departure Record (Form I-94) or an approval notice of the relative petition with their application, these documents must always be cross-checked with evidence in the A-file and in USCIS’ systems to confirm the applicant’s asylum status, as explained in USCIS guidance on asylee adjustment. Timing varies from case to case.

There is no appeal if USCIS denies the application, but USCIS will tell you that you can renew the request in removal proceedings (8 C.F.R. § 209.2).

After approval, USCIS will record your admission for lawful permanent residence as of the date one year before the date of approval, but not earlier than the date of the approval for asylum if you were approved under paragraph (a)(2) of this section (8 C.F.R. § 209.2). Citizenship through naturalization is a separate process with its own requirements. Citizenship through naturalization is a separate process with its own requirements.

Why Clients Work With AG Immigration Law P.A.

AG Immigration Law P.A. handles removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals. Asylee adjustment fits within that existing practice.

Adriana Gomez is the lawyer responsible for this page. The firm also has support staff who help with office work, including intake and document gathering.

Removal defense and asylee filings overlap. A person in removal proceedings may face the rule that the adjustment application is considered only in those proceedings (8 C.F.R. § 209.2). Our removal defense work accounts for that rule when reviewing a case.

Frequently Asked Questions

What happens if I travel before I have a travel document?