How To File For Adjustment Of Status As An Asylee Or Refugee

Adjusting your status to live permanently in the United States represents a significant step for individuals with asylum or refugee status. It shifts temporary protection into long-term residency, providing security and opportunities for building a new life.

The path to obtaining a green card requires meeting specific criteria, gathering documents, and following detailed steps. In this article, learn how to determine your eligibility, complete the application, and address potential obstacles. See what actions you can take to achieve permanent residency and stability.

What Does Adjustment Of Status Mean?

Adjustment of status (AOS) applies to those already in the U.S., enabling them to remain while completing their permanent residency process. It also allows refugees and asylees to obtain a green card.  It’s an opportunity for them to establish a safe and stable future.

Obtaining a green card provides valuable benefits for you and your family. With permanent residency, you gain the right to travel more freely and create a long-term foundation in the U.S. It also opens the door to applying for U.S. citizenship, giving you access to even more opportunities.

For many, this milestone symbolizes more than just a change in status. It’s a fresh start, filled with hope for a brighter future and the chance to build a life of security and possibility. This step sets the stage for achieving personal and professional goals in your new home.

Before you begin the process, you must confirm that you meet the qualifications. Eligibility requirements vary slightly depending on whether you’re an asylee or a refugee. Understanding these criteria can help you move forward and avoid unnecessary delays.

Are You Eligible To Apply For Permanent Residency?

Determining your eligibility is the first step toward applying for permanent residency. Asylees and refugees must meet specific requirements based on their unique circumstances. These qualifications ensure you’re prepared to move forward in the adjustment process. Here’s what you need to know before applying.

Eligibility For Asylees

As an asylee, you may apply for AOS after meeting specific requirements. This opportunity allows you to transition from temporary protection to a more stable and secure status in the United States. Here are some to consider:

• Physical Presence: You must remain in the United States for at least one year after being granted asylum and while applying.
• Continued Refugee Status: Your circumstances must still meet the legal definition of a refugee.
• Asylum Status Remains Active: You must still hold asylum status, which may end if your home country’s conditions improve or you no longer qualify.
• No Resettlement Elsewhere: If you’ve permanently settled in another country, it may affect your eligibility to adjust your status in the U.S.
• Admissibility: You must not have any grounds for inadmissibility. You may need to apply for a waiver if issues arise, such as certain criminal convictions.

Meeting these criteria shows you are ready to take the next step toward permanent residency. Review each requirement carefully to avoid unnecessary obstacles during the process. If you have any doubts about your eligibility, discussing them with an immigration lawyer can save you time and frustration later.

Requirements For Refugees

As a refugee, applying for permanent residency is a momentous step in securing your future in the United States. The law requires you to file for AOS after living in the U.S. for one year. To move forward, you must meet specific qualifications:

• Physical Presence: Refugees must stay in the U.S. for at least one year after admission and remain in the country when filing for AOS.
• No Permanent Residency Elsewhere: If you’ve obtained permanent residency in another country, you may not qualify.
• Refugee Status Remains Active: You must still have refugee status, which could end if your home country’s conditions improve or you no longer meet the refugee definition.
• Admissibility: As with asylees, refugees must meet admissibility requirements or qualify for a waiver if necessary.

If you meet these requirements, you are one step closer to securing your green card. Addressing any uncertainties now can help you avoid delays or complications later. After confirming your eligibility, gather the required documentation to support your application.

What Documents Do You Need For Your Application?

A well-prepared application requires specific documents to demonstrate eligibility and support your case. Missing or incomplete documentation can lead to delays or denial. To help you get started, here are some of the key documents you’ll need to gather:

• Form I-485: Also known as the “Application to Register Permanent Residence or Adjust Status,” is the primary form required to adjust your status.
• Proof of Status: Enclose a copy of your asylum grant for asylees; provide evidence of admission for refugees.
• Evidence of Physical Presence: Include records, such as utility bills, leases, or medical records, showing you’ve been in the U.S. for the required period.
• Identity Documents: These include a passport, birth certificate, or other forms of government-issued identification.
• Medical Examination Report: Conducted by a USCIS-approved doctor, this report verifies you meet health requirements.
• Filing Fee or Fee Waiver Request: If you qualify for a fee waiver, include the appropriate fee or Form I-912.

Carefully organizing and reviewing your documents helps avoid errors and missing information that could delay your application. Pay attention to detail and ensure all forms are complete and accurate. Once you prepare your documents and forms, you can move on to the filing process.

What Happens When You Submit Your Application?

You’ve completed Form I-485, gathered your supporting documents, and ensured everything is in order. Now, it’s time to submit your application and begin the next steps in the process. Each step after this is key in determining your application’s outcome. Here’s what you can expect as your application moves forward.

Mail Your Application Package

Mail Form I-485 with all required documents, including your medical report, fees or waiver, and supporting evidence, to the correct USCIS address. Double-check everything to avoid delays, and use trackable mail for confirmation. Once USCIS receives your application, it will send a receipt notice.

Attend Your Biometrics Appointment

USCIS schedules a biometrics appointment after receiving your application, typically at a local Application Support Center (ASC). During this, you provide fingerprints, photographs, and your signature for background checks. Bring your appointment notice and proper identification to ensure a smooth process.

Respond To Requests For Evidence

If USCIS identifies missing or unclear information in your application, they issue a Request for Evidence (RFE). Review the RFE carefully and submit the requested documents or details by the deadline. Providing accurate and complete responses keeps your application on track and avoids further issues.

Attend The Interview

USCIS may require an in-person interview to verify your application details. They will send a notice with the date, time, location, and required documents. During the interview, answer questions truthfully and confidently about your background, eligibility, and evidence.

Monitor Your Application Status

You can check your application status using the USCIS online case tracker. It lets you stay informed about approvals, evidence requests, and other updates. Regularly checking your status helps you address any issues quickly and ensures the process continues without delays.

Receive The Decision

After USCIS completes its review, it sends a written decision by mail. If approved, your green card will arrive soon after. If denied, review the explanation and consider your options, such as appealing or reapplying. Celebrate your approval as the start of a new chapter in your journey toward stability and opportunity.

Navigating the adjustment of status process requires careful attention to detail and a clear understanding of each step. Even with thorough preparation, challenges can arise. In such cases, having legal support ensures you meet the requirements and build the strongest case possible for your application.

How Can Lincoln-Goldfinch Law Help You Achieve Stability?

Achieving stability through permanent residency is a significant milestone, and we’re here to guide you through the process. The AOS journey requires attention to detail and understanding the steps involved. Our team is committed to helping you build a strong application that reflects your circumstances and supports your goals.

At Lincoln-Goldfinch Law, we take time to understand your story and address your specific needs. Whether it’s preparing forms, responding to additional requests, or preparing for interviews, we’ll support you every step of the way. Our goal is to provide the assistance and care needed to help you feel confident and prepared throughout the process.

We care about your future and stability. Let us provide the legal guidance and personalized support you deserve as you take this vital step toward permanent residency. We are ready to stand by your side and help you move closer to a secure and promising future.

Filing for adjustment of status is a key step for asylees and refugees to secure a stable future in the United States. Success requires meeting eligibility requirements, gathering the proper documents, and carefully completing each step. This process can lead to permanent residency, offering security, opportunities, and a pathway to citizenship.

The AOS process can be challenging, but guidance ensures a smoother journey. With the right approach, applicants can confidently address requirements and avoid unnecessary delays. Lincoln-Goldfinch Law is ready to provide legal assistance and guidance throughout the process.