Refugees Must Apply for Green Card After One Year in US
The United States Citizenship and Immigration Services (USCIS) has detailed the steps and conditions refugees must satisfy to obtain a Green Card and become lawful permanent residents. Under US immigration law, refugees are legally required to adjust their status once they have spent a qualifying amount of time in the country. The process, known as adjustment of status, transitions refugees from temporary protected status to permanent residency.
According to USCIS, refugees must be physically present in the United States at the time of filing and must have resided in the country for at least one year following their admission under Section 207 of the Immigration and Nationality Act. Additionally, their refugee status must still be active and not terminated, and they must not already hold permanent resident status.
Eligibility Criteria and Application Process
To be eligible, a refugee must have been admitted into the US specifically under Section 207 of the Immigration and Nationality Act. They must also be considered admissible under US immigration law. The application is submitted using Form I-485, the Application to Register Permanent Residence or Adjust Status.
USCIS assesses each applicant against grounds of inadmissibility outlined in Section 212(a) of the Immigration and Nationality Act. However, some grounds do not apply to refugees seeking adjustment of status. For those that do apply, refugees may request a waiver through Form I-602, the Application by Refugee for Waiver of Grounds of Excludability. If the waiver is granted and the applicant meets all other requirements, USCIS may approve the Green Card application.
Waiver Options and Policy Manual
The eligibility requirements for waivers vary depending on the specific ground of inadmissibility. Full details are available in Volume 7, Part L of the USCIS Policy Manual, which covers refugee adjustment comprehensively, including admissibility and waiver requirements. Refugees who have been in the US for at least one year and meet all conditions are encouraged to file Form I-485 and review the accompanying instructions carefully.
In a related development, the US government has also outlined three employment-based pathways for foreign nationals to apply for a Green Card. Eligible categories include workers with extraordinary ability, advanced degree holders, and physicians serving underserved communities. Each category has specific criteria that applicants must meet.
