USCIS recently announced a policy update that affects the adjustment of status applications filed by asylees and refugees. The first USCIS policy updates confirm that both asylees and refugees must be physically present in the U.S. for one year before they will become eligible for permanent residence, although the application can be filed before this requirement is met. The second addresses whether the foreign residence requirement for previous J-1/J-2 holders will impact a pending adjustment of status application. A breakdown of the two recent updates is provided below.
1-Year Residency Requirement
Asylees and Refugees must be physically present in the U.S. for 1-year after being granted asylee/refugee status before they are eligible to adjust their status to a permanent resident. In the policy alert published by USCIS, the agency explained that while this requirement is similar for both refugees and asylees, USCIS’ guidance has differed in the past on whether the physical requirement must be met at the time of filing or at the time the adjustment of status application is adjudicated. To promote consistency, USCIS is now clarifying that for both asylees and refugees, the 1-year residency requirement must be met at the time the adjustment of status is adjudicated rather than at the time of filing. In other words, the I-485 application can be filed before the 1-year residency requirement is met. As long as the 1-year residence requirement is met by the time USCIS adjudicates the application, permanent residence may be granted.
J-1/J-2 Foreign Residence
Individuals who have held J-1 or J-2 status are typically subject to a two-year foreign residence requirement, meaning they must return to their home country for at least 2 years before they can change status, obtain a visa, or become a permanent resident in the U.S. In the policy update, USCIS has clarified that those who previously held J-1/ J-2 status and later became an asylee or refugee are not required to satisfy the two-year foreign residence or obtain a waiver for such requirement in order to adjust status to a permanent resident.
If you have questions about these USCIS policy updates or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to ensure our clients get the right advice.
