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Asylee or Refugee Adjustment to Lawful Permanent Resident (LPR) Status

Overview

A refugee or asylee is eligible to apply for lawful permanent resident status in the United States one year after being admitted to the U.S. as a refugee or being granted asylum. Please note that the requirements for adjustment to lawful permanent resident status vary depending on whether you are a refugee or asylee. If you are a refugee, you are required by law to apply for lawful permanent resident status one year after entering the U.S. in refugee status. If you are an asylee, you become eligible to apply for lawful permanent resident status one year after being granted asylum, but you are not required to apply for such status.  However, it may be in your best interest to do so.

What Are the Basic Requirements to Apply for Lawful Permanent Resident Status as an Asylee or Refugee?

If you are a refugee, you are required to apply for lawful permanent resident status if you:

  • Have been physically present in the U.S. for at least one year after being admitted as a refugee (or as the spouse or child of a refugee);
  • Have not abandoned your refugee status;
  • Have not had your refugee status terminated; and
  • Continue to be admissible to the United States, although a waiver may be available to you if you are deemed to be inadmissible.

If you are an asylee, you may apply for lawful permanent resident status one year after being granted asylum if you:

  • Have been physically present in the U.S. for at least one year after being granted asylum;
  • Continue to meet the definition of a refugee (or continue to be the spouse or child of such a refugee);
  • Have not abandoned your status;
  • Are not firmly resettled in any foreign country; and
  • Continue to be admissible to the United States, although a waiver may be available to you if you are deemed to be inadmissible.

If you are a derivative asylee, you must continue to meet the definition of a spouse or child at the time USCIS adjudicates your application to adjust your status to that of lawful permanent resident.  The Immigration and Nationality Act defines the term “child” at section 101(b).  If you no longer meet the definition of a spouse or child (unless you are covered by the provisions of the Child Status Protection Act), you may not adjust your status to that of lawful permanent resident.  Although you may lose the ability to adjust your status, once asylum status is granted, you do not lose your asylum status unless USCIS or an immigration judge formally terminates asylum.

The Asylum Program accepts new I-589 applications from derivatives who no longer meet the definition of a spouse or child of the principal asylee in order to provide such individuals with a mechanism to adjust status.  These procedures apply to all derivatives no longer eligible to adjust status as a spouse or child regardless of whether they were granted asylum by an Asylum Office or an Immigration Judge or whether they entered the U.S. as an asylee pursuant to the approval of a Form I-730, Refugee/Asylee Relative Petition.  If you are no longer the spouse or child of the principal asylee and you would like to apply to adjust your status to that of a lawful permanent resident, you should file a Form I-589 directly with the Asylum Office having jurisdiction over your place of residence.  You should indicate in your filing that you would like to apply for asylum nunc pro tunc, and you should include identification documents, evidence of your grant of asylum, and any other relevant evidence.

Processing Times for Asylee Adjustment Cases

To determine an approximate time frame for the processing of pending asylee adjustment cases, click on "USCIS Processing Times" under Related Links to the right and select the Service Center where your application is pending.

If your case was filed before the date reflected in the chart on the processing website, you may wish to inquire about the status of your case by using the Case Status Online tool on the USCIS website (see link under Related Links). You can also call the National Customer Service Center at 1-800-375-5283 for information. When you call, please have your A-number, any receipt number issued to you, and the last notice you received about your case. NCSC Customer Service Representatives use information provided by each local office to answer questions about case status and processing times. We emphasize that these dates are APPROXIMATE; unforeseen circumstances may delay processing.

Notifying USCIS of a New Address

You must register any change of address with the USCIS within 10 days of relocation by sending Form AR-11, Alien’s Change of Address Card, via United States mail to the address listed online.  Click on Form AR-11 under Related Links to the right on this page, or return to the USCIS main page and click on "Immigration Forms."  Then scroll down to “AR-11” under the “Form Number” column and click “Change of Address.”  On the bottom of the next page, click “Download AR-11.”  Form AR-11 can also be submitted electronically by clicking on “Online Change of Address” under Related Links at the top of that same page.  Also, submit a copy of Form AR-11 to the nearest asylum office.  Each family member must submit a separate Form AR-11.

Travel and Work Documents

While your I-485 is pending, you are permitted to travel outside the United States, but you must have a valid Refugee Travel Document to reenter the United States. You can apply for a refugee travel document by filing Form I-131, Application for Travel Document. Due to new security procedures, allow for 150 days prior to beginning travel to obtain a travel document.

As an asylee, you are authorized to work in the United States incident to your status. You should have received an Employment Authorization Document (EAD) shortly after you were granted asylum. Beginning October 1, 2006, the Asylum Division began to implement a new process nationwide for issuing secure EADs to applicants who are granted asylum. Under this process, asylees receive the standard, more secure Form I-766 EAD card in the mail within seven to ten days after the date they are issued their asylum approval letters. The Form I-766 EAD is issued for a 2-year validity period. This two-year validity period will provide most asylees sufficient time to apply for and receive adjustment of status before the validity period of the EAD expires. If, however, this authorization expires and you wish to receive a document from USCIS that can serve as evidence of both your work authorization and identity, file Form I-765 with the service center that serves your location. Allow for at least a 75-day processing time. If you apply for work authorization and do not receive the document within 90 days, you may obtain an interim work authorization document. After 90 days have passed, make an Infopass appointment with your local USCIS District Office and bring the receipt that shows you have filed Form I-765 and more than 90 days have elapsed.

Please note: If you have already been issued work authorization or a refugee travel document as an asylee or refugee, you do not need to apply for new authorization until 90 days prior to the expiration date on the document you already have.

For all other inquiries, call the National Customer Service Center at 1(800)375-5283.

Derivative Asylees

If you are filing for adjustment as an asylee who was granted derivative asylum status, you must prove that your relationship to the principal asylee still exists. When filing, provide the A-number of your spouse or parent who was granted asylum and include:

  • Proof of the relationship (for example: birth certificate showing principal alien as your parent or marriage certificate to your spouse who was granted refugee status, as well as any divorce decrees, death certificates, annulment decrees, or other evidence showing that any previous marriages entered into by you or your spouse ended legally).
  • A copy of the letter granting you derivative asylee status either on the basis of having been included on the principal’s original asylum application or Form I-797 showing that you are the approved beneficiary of an I-730 petition filed by the principal.

If you were granted derivative asylum as the child of an asylee and you are now over age 21 or are married, you should contact the nearest asylum office and request information on filing a "nunc pro tunc" asylum application (using Form I-589). You may apply for adjustment of status after you have been physically present in the United States for a period of one year after the date you were granted asylum.

How to File for Lawful Permanent Resident Status

To apply for lawful permanent resident status, file the Form I-485, Application to Register Permanent Residence or to Adjust Status. Please read the instructions on the form and follow them carefully, and pay attention to the instructions below for additional guidance.

A separate I-485 application packet must be prepared for the principal applicant and, if applicable, for each spouse/child who received derivative asylee or refugee status from the principal.

Several different application packages may be submitted in the same mailing. It is requested, however, that individual family units be identified. For example, rubber band together all applications pertaining to the "Jones" family, all applications pertaining to the "Smith" family, etc. Any foreign language documents must be submitted with a certified English translation. The translator must certify that he/she is competent to perform the translation and that the translation is accurate. Note that translations submitted without a legible copy of the foreign document are not sufficient.

The asylee should file a Form I-485 with the following supporting documentation (in this order). To hold each application packet together, please use a single staple or a strong paper clip.

  • Fingerprint fee (this fee applies to applicants who are from 14 years of age to 78 years of age; applicants 79 years of age or older do not need to pay this fee); 
  • I-485 filing fee; 
  • G-28, if applicable, signed by the attorney (or authorized representative) and the applicant. Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants must sign the Form G-28 submitted with the application in the original.
  • I-485, signed. Box "d" of Part 2 of the application should be marked. If the applicant is an Iraqi who processed through Guam, also write "IRAQI/GUAM" in the margin.
  • Two (2) photos in an envelope stapled to lower left corner. The name of the applicant and A-number, if known, should be lightly written in pencil on the back of each photo. Details on photo size, etc., may be found on the Form I-485 instructions.
  • Evidence of Asylee Status. Evidence might include a copy of Form I-94 and a clear, readable copy of the letter granting asylum. If the alien was initially given conditional asylum, submit evidence to show that the conditions have been removed.
  • I-602, Application by Refugee for Waiver on Grounds of Excludability, if applicable.
  • Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation covering broad periods of time.
  • Proof of any absences from the U.S. since you have been granted asylum. Evidence might include photocopies of pages in a refugee travel document or passport.
  • Birth certificate or other birth record.
  • Proof of any legal name change you have obtained since you were granted asylum.
  • I-693, Report of Medical Examination and Vaccination Record. Only a civil surgeon designated by USCIS to conduct medical examinations may complete the Form I-693 and the vaccination supplement submitted with it. Call the National Customer Service Center at 1-800-375-5283 to locate civil surgeons (doctors) where you live.

Payment Information

  • The total fee remittance must be correct for the USCIS to accept the I-485 for filing.
  • If one check is submitted to pay for all applications, the check should be attached to the top left-hand corner of the first form in the package. If a separate check is submitted for each application, the check should be attached to the top left-hand corner of the corresponding application.

Applicants should be aware that when one check is submitted to pay for multiple forms, all applications will be rejected if the check is not in the correct amount, or if any form has inadvertently been left unsigned.

Refugees Filing for Lawful Permanent Resident Status

Form I-485, Application to Register Permanent Residence or Adjust Status, is used to adjust the status of refugees to that of a lawful permanent resident. Applicants must have been physically present in the United States in refugee status or have held derivative refugee status for at least a total of one year prior to filing the Form I-485. There is no filing fee for refugees filing Form I-485, although the applicant(s) must still pay the fingerprint fee.

The refugee should file Form I-485 with the following supporting documentation (in this order):

  • Fingerprint fee (this fee applies to applicants who are from 14 years of age to 78 years of age; applicants 79 years of age or older do not need to pay this fee); 
  • I-485, signed. Box "h" of Part 2 should be marked with the word "refugee" printed on the accompanying line.
  • Two (2) photos in an envelope stapled to lower left corner. The name of the applicant and A-number, if known, should be lightly written in pencil on the back of each photo. Details on photo size, etc., may be found on the Form I-485 instructions.
  • G-28, if applicable, signed by the attorney (or authorized representative) and the applicant. Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants must sign the initial Form G-28 submitted with the application in the original.
  • Vaccination "Supplemental Form to I-693." A complete Form I-693 (which includes the Form I-693 and its supplement) is required only if:
  1. there were medical grounds of inadmissibility noted at the time of arrival in the United States; or
  2. if the refugee status was granted to the alien in the U.S. by an approved Form I-730, Refugee/Asylee Relative Petition.

If neither of these conditions apply, all that is required is the vaccination supplement. The refugee applicant may have the Supplemental Form completed at any state or local health department or may choose to make an appointment with a civil surgeon designated by the USCIS to conduct medical examinations. Call the National Customer Service Center at 1-800-375-5283 to locate USCIS-designated civil surgeons (doctors) where you live.

  • Evidence of refugee status. This might include a clear, readable photocopy of Form I-94 or a copy of your Employment Authorization Document.
  • I-602, Application by Refugee for Waiver on Grounds of Excludability, if applicable.
  • Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation covering broad periods of time.
  • Proof of any absences from the U.S. since your admission as a refugee. For example: photocopies of pages in refugee travel document or passport.
  • Birth certificate or other birth record.
  • Proof of any legal name change you have obtained since you were granted refugee status.

Where to File

Filing Address for Asylee Adjustment-of-Status Applicants:

All asylee adjustment of status applications must be filed with either the Nebraska Service Center or the Texas Service Center, depending on where the applicant lives.  If you are filing Form I-131, Application for Travel Document, to enable you to travel outside the United States while your adjustment-of-status application is pending, you should indicate that you are requesting a refugee travel document.  The relating Form I-131 for a Refugee Travel document is filed with the Nebraska Service Center, regardless of the Form I-485 filing location.

If you live in the following states or U.S. territory:  Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming, the mailing address you should use is:

USCIS
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

If you live in the following states or U.S. territories:  Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, or Washington, D.C., send your application to the Texas Service Center:

USCIS
Texas Service Center
P.O. Box 852211
Mesquite, TX  75185-2211

Filing Address for Refugee Adjustment of Status Applicants:

All refugee adjustment of status applications must be filed with the Nebraska Service Center:

USCIS
Nebraska Service Center
P.O. Box 87209
Lincoln, NE 68501-7209

For more information about adjusting to lawful permanent resident status, see “How Do I Become a Permanent Resident of the United States?” under the "How Do I" Customer Guides for Asylees and Refugees link under Related Links.



Last updated:12/23/2008

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