I don’t mean to be a Negative Nelly, but why is it that when USCIS tries to make things better, it often creates more problems? The latest difficulty involves a (presumably) well-meaning effort to allow asylees to adjust status (i.e., get their Green Cards) more quickly. The problem is that the memo creating the new policy is confusing, and leaves us (or at least me) wondering about how best to conform to the new system.
Up until last week, if a person with asylum wanted to apply for a Green Card, she needed to have one year of physical presence in the United States after receiving asylum and before submitting form I-485, the application for lawful permanent residency. In other words, the asylee had to wait one year after the grant of asylum, and once the one year was complete, she could file her application for a Green Card. This one-year time period refers to “physical presence” in the U.S., and so if the asylee left the United States for two weeks, for example, she would have to wait one year and two weeks before applying for the Green Card (and of course, meet all the other requirements to qualify for residency).
Last week, USCIS issued a new Policy Alert that seems to indicate that asylees no longer need one year of physical presence in the U.S. at the time of filing the I-485. Rather, they must have one year of physical presence at the time USCIS adjudicates the I-485. From the Policy Alert–
To be eligible for adjustment of status, an asylee or refugee must have been physically present in the United States for at least 1 year after either being granted asylum status or admitted as a refugee.
Although this eligibility requirement is similar for asylees and refugees, USCIS guidance has differed on whether refugees and asylees are required to satisfy the physical presence requirement at the time of filing or the time of adjudication of adjustment of status.
USCIS is updating policy guidance to clarify that both asylees and refugees are required to satisfy the 1-year physical presence requirement at the time USCIS adjudicates the adjustment of status application, rather than at the time of filing.
Turning to the USCIS Policy Manual (which has been modified by the new Policy Alert), the relevant section explains–
Asylees may adjust status to a lawful permanent resident after being physically present in the United States for at least 1 year at the time of adjudication of the adjustment of status application. A principal asylee’s physical presence starts accruing on the date the asylee is granted asylum.
If a derivative asylee was physically present in the United States when USCIS approved their Refugee/Asylee Relative Petition (Form I-730) or the principal asylee’s Application for Asylum and for Withholding of Removal (Form I-589), whichever is applicable, then the derivative asylee may start accruing physical presence on the approval date of the petition or application. If the derivative asylee is living abroad when USCIS approves the Form I-730 petition, then the derivative asylee’s physical presence begins accruing on the date of admission as an asylee.
A footnote to this section adds–
Because USCIS’ practice and policy has varied with regard to whether the 1 year of physical presence was required at the time of filing or at the time of adjudication of the application, USCIS considers an asylee who was adjusted to lawful permanent residence despite not having accrued 1 year of physical presence at the time of filing their application for adjustment to have been lawfully admitted for permanent residence if the applicant had accrued 1 year of physical presence by the time of adjudication and the admission was otherwise lawful.
As I read all this, asylees are no longer required to wait one year after receiving asylum before they file for their Green Card. If an asylee files before completing the one year, he is eligible to obtain the Green Card, as long as he has accrued one full year in the U.S. prior to the time when USCIS adjudicates the I-485.
Given that it takes months or years for USCIS to adjudicate form I-485 for asylees, all this would seem to indicate that an asylee can now file for his Green Card as soon as he is granted asylum. By the time USCIS processes the application, the asylee will have been in the U.S. for one year, and will thus be eligible for the Green Card. If this is correct, it will save significant time. But of course, things are not so easy.
The main question is, When should an asylee file form I-485 to apply for the Green Card? The day after receiving asylum? Should she wait six months to be safer? Or wait 11 months to be super-safe?
Also, what happens if USCIS adjudicates the I-485 before the asylee has accrued one year of physical presence in the United States? Will the Agency issue an RFE (Request for Evidence) to delay the process and give the asylee sufficient time to meet the physical presence requirement? Or will it deny the I-485 and the asylee is out of luck (and out $1225)?
The Policy Alert does not answer these questions, and so we are left to speculate.
Given the absence of information, I expect to chart a middle course for my clients. Until we know more, I will advise my clients to accrue at least six months of physical presence in the U.S. before they file for a Green Card. It is very unlikely that USCIS will process an I-485 in less than six months, and so I think the risk is minimal (and of course, I will need to advise my clients about this risk). As we learn more, I may change how I approach asylee adjustments, but for now, this seems like a reasonable plan.
While I am certainly grateful that USCIS is taking steps to speed processing for asylee Green Cards, it would be helpful if the Agency could provide a bit more clarity. That way, asylees could file their adjustment applications and feel confident that they are eligible to receive a Green Card.
Hello Jason! I have one quick question please. I’m planning submit I-485 form (asylee based Green Card) together in same envelope with I-131 form (Refugee Travel Document) and all required fees as a separate check per form.
G-1055 form (Fee Schedule) on page 8 says the following: “If you filed Form I-485 on or after July 30, 2007, and before April 1, 2024 … – Then I-131 Filing Fees $0.”
Does it mean that after April 1st 2024, an adult asylee would need to pay $164 for the Travel document in addition to I-485 fees ($1440)?
Because page 8 also says the following: “If filing for a Refugee Travel Document for an asylee or lawful permanent resident who obtained such status as an asylee, who is 16 or older – Then I-131 Filing Fees $164”.
I appreciate if you could clarify it for us pleased.
Jason, seems like I found answers on the USCIS Fees webpage!
“Starting April 1, 2024, Form I-485, Application for Adjustment of Status, will have a standard fee of $1,440 for applicants 14 years of age or older. The fees for Forms I-765, Application for Employment Authorization, and I-131, Application for Travel Document, will no longer be bundled. This means that if you file Form I-485 on or after April 1, 2024, you will have to pay separate fees for Forms I-131 and I-765.
“Effective April 1, 2024, the fee for a Form I-131 to obtain a Refugee Travel Document is $135 if the applicant is $165 if the applicant is 16 years old or older”.
So Jason, I would like to confirm that I if I attach two separate checks of $1440 and $165 – it would be enough in this case (seems like I don’t need to apply for EAD renewal anymore)
Yes, that should be fine. Some lawyers (including my law partner) “bundle” the checks and submit one check for the full amount, but I have always submitted separate checks and I will continue to do it that way. Take care, Jason
My understanding (and I have not filed for anyone since April 1) is that the fee for the I-485 does not cover the RTD and you have to pay separately for that. Prior to April 1, when you paid the I-485 fee, the I-131 was included, but not now. Take care, Jason
Jason have you had any more experience with this since the original post? I am helping an Afghan asylum family on a pro bono basis and they are very anxious to submit their greencard application as soon as possible to reduce the wait time, but of course I wouldn’t want to harm their application but submitting too soon. Thank you!
I have not, and I have not heard anything from others either. Most people’s cases take more than a year and so they are fine. However, if the case happens to go fast, and if USCIS then denies it, the applicants will lose their money + have to start the whole process over again. For this reason, I am still recommending that people wait 6 months, just to minimize the chances of having a problem. Take care, Jason
Thank you so much for your response! And for purposes of providing evidence of continuous presence for 1 year, are you waiting to submit that until asked? Does it hurt to include a long-term lease/school enrollment etc?
It does not hurt to include such evidence, though I only submit it if asked, and so far, I have never been asked. Take care, Jason
Hi Jason,
If its required what kind of document should we prepare to show evidence of continuous presence for 1 year and also my wife is under my case we have marriage certificate and its translated back in my country do you think that should be enough or should i translate it here?, thank you so much for your response in advance.
Usually, that is not needed, but your passport and/or travel document indicates whether you left the US, so you can include that. Also, a letter from you or others who know you, work records, employment documents, lease, school records, etc. For the marriage certificate,as long as the translation is correct, it should be fine. If you need a certificate of translation, I wrote an article on August 24, 2017 with a link to the format for the certificate. Take care, Jason
Thank you Jason for helping all of us! I decided to wait a year after becoming an asylee despite a new confusing rule for GC applications.
I have a quick question please about “Received benefits” in I-485 form. During all time I received unemployment cash payments for few months only. The reason of my laid off was Covid-19. Should I answer “yes” or “no” to a question 63.a:
“Have you ever received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under other names)?” They also ask to provide amount in dollars for any receiving benefits.
Seems like USCIS doesn’t consider anything related to Covid-19 as a public charge. What would you suggest? Thank you
I do not think this question applies to asylees, but I would answer as best you can, and then provide an explanation (that you received unemployment benefits). There will be no negative effect of mentioning this, and if USCIS needs this info, it will be there for them. But the public charge rule does not apply to asylees and so I do not think you will have a problem. Take care, Jason
Jason,
I did submit the I-485 application in March this year. The last update I received for my case was in March 6th when they applied the fingerprints. Do you think it is a good idea to submit the Medical Examination before they send the RFE notice? I am wondering if submitting the Medical will expedite the adjudication process.
Thank you
JJ
I would not send the medical until they send you an RFE. Otherwise, I expect they will lose it. Also, I do not think sending the medical before you get the RFE will make the case any faster. Take care, Jason
Hi Jason,
I’m an asylyee last year and I applied for permanent resident in June 2023 and received a receipt confirmation.
I also received an asylyee travel passport in April 2023. Now, I’m planning to travel abroad for a couple of weeks before it expires. I have maintained physical presence in the US for almost ten years.
My question is, will my pending permanent resident application be compromised if I leave the US for a couple of weeks?
I cordially appreciate all the generous support you provide to the asylum community.
If you travel with a Refugee Travel Document, as long as you do not go to the home country and return to the US before it expires, you should be fine. When USCIS makes the decision in your case, you need to have one full year inside the US after asylum was granted. In other words, when you add up all your time in the US after asylum was approved and before you get a decision in the GC case, if it is at least one year, you should be fine to get the GC. Take care, Jason
Hi Jason,
Hope you’re doing well! I’m preparing to file for an ‘adjustment of status’ come September 2023, the asylum was granted in March 2023. I have maintained a physical presence in the US since 2018. Two Questions:
1). It will be 6 months in September since the grant of asylum, do you consider this a good timeframe to apply for an adjustment of status?
2). What are the evidence needed to proof physical presence since 2018?
I would appreciate any other ‘advise’/tips to be successful with the application.
Thanks
1 – Sure. As I discuss above, I think 6 months is a good time to file. 2 – You only need that if USCIS requests it, but a copy of your passport, work and school documents, tax documents, and letters from people who know you, are all evidence you can use. But we never submit that unless the person has spent a lot of time outside the US or if USCIS requests it after we file. Take care, Jason
Hi, Jason! I am preparing my form I-485 based on asylum.
Yesterday I went to a civil surgeon to get I-693.
I provided an evidence that I got two doses of Moderna Covid vaccine in 2021. But the doctor said I need to get a booster. I am not sure about that.
Do you know if USCIS really requires more than two doses of Covid vaccine for a green card?
I do not know, but the doctor should know the requirements. Maybe there is info about that on the I-693 web page or in the instructions, available at http://www.uscis.gov, but if not, I would rely on the doctor or get a second opinion from another designated physician from the USCIS list. Take care, Jason
Hi Jason! I got my medical I-693 done and I am going to fill up I-485 form.
How can I submit I-693 along with I-485 if I file online? I-693 is in sealed envelope, but I have a photocopy of it
I have not done that and so I do not know, sorry. Since you have the medical done already, and since it can expire unless it is submitted within 60 days of the date it was completed, maybe you just want to send the form and everything else by mail. Otherwise, maybe the online filing instructions explain how to submit the exam or there is a way to get the receipt and then submit it by mail. Take care, Jason
Hi Jason. Thanks for all you do. I have been following your blog from prior to my asylum application till I filed,approved and brought my family here. Thanks for all you do !
My question is, my wife filed for divorce after her green card application. The application is still not approved. Can I report to UCIS, how do I report and what would be the consequences to her and our kids? If am to report to UCIS what forms do I fill and file?
Thanks!
Thank you for sharing!! the 6 month waiting period seems like the best idea for now 🙂
Hi Jason. Thanks for all you do. I have been following your blog from prior to my asylum application till I filed,approved and brought my family here. Thanks for all you do !
My question is, my wife filed for divorce after her green card application. The application is still not approved. Can I report to UCIS, how do I report and what would be the consequences to her and our kids? If am to report to UCIS what forms do I fill and file?
Thanks!
Broken
I am sorry for this. I do not know that filing for divorce has any effect, but once the divorce is final, she loses the ability to get a GC based on the asylum until she files a “nunc pro tunc” asylum. This is basically a formality, but it usually causes significant delay. Whether you can ask USCIS to remove her as a dependent at this stage, I do not know, since she already has asylum. As for your children, none of this has any effect, as they are still your children and get the GC normally. Take care, Jason
Hi Jason,
I must say the way you clarify each and every point in your blogs is amazing.
I just want to share my experience with USCIS as an Asylee, I had applied in March 2020, right before covid my interview scheduled but got cancelled, I started expediting and knocking doors to Congress and Senator, surprisingly they schedule my interview then no result after interview, again I did the same and got my decision, applied my i-485 after just 8 months😎, they accepted and processed, meanwhile I applied i-730 and started following up strongly, long story short I got asylee status and my family arrived one month ago just in 3 years, I would advise to the people reading that just attempt everything possible which you can without fearing, what maximum would happened, rejection! then try again, don’t hesitate, crying baby always served first. Good luck to all.
Thank you for sharing this and it is well said. It definitely does not always work, but you have really nothing to lose by trying, and sometimes, it works. Take care, Jason
Can you please letme know where did u write to expedite your case? I need that email address
Thank you
If you are trying to expedite an asylum case, you need to email the local asylum office. You can find that info if you follow the link under Resources called Asylum Office Locator. Take care, Jason