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Physical Presence Requirement for Asylees and Refugees Applying for a Green Card

By October 10, 2023Uncategorized
A helping hand

Previously, a noncitizen who obtained asylee or refugee status would need to prove that he has been physically present in the United States for one year after obtaining asylum status up until the time of filing the adjustment of status application. We have previously discussed asylum and refugee status here.

USCIS has recently clarified this requirement stating that noncitizens with asylum or refugee status must have been physically present in the United States for one year at the time the green card application, form I-485 is being decided. We have previously discussed the adjustment of status process here.

This clarification by USCIS was meant to provide consistency between noncitizens who obtained refugee status and noncitizens who obtained asylum status where noncitizens with refugee status who travelled within the one-year period after obtaining their status could not meet the one-year requirement at the time of filing the I-485.

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