Adjustment Of Status For Asylees: Your Path From Asylum To A Green Card
By Alena Shautsova, New York Immigration Lawyer
As an asylee in the United States, you’ve already taken a brave step toward securing your safety and rebuilding your life. The next step in your immigration journey is one that offers long-term stability and greater rights: applying for a green card through Adjustment of Status (AOS).
In this comprehensive guide, I’ll walk you through everything you need to know about adjusting status as an asylee, including eligibility, required documents, common pitfalls, and practical tips to avoid delays. As a USA Immigration lawyer, I’ve helped countless clients successfully complete this process—and I can help you too.
What Is Adjustment of Status for Asylees?
Adjustment of Status is the legal process that allows asylees and their qualifying family members (also called derivative asylees) to become lawful permanent residents of the United States without leaving the country.
This process is available after one year of physically residing in the U.S. under asylum status and is a critical milestone in your path toward U.S. citizenship.
Why Adjusting Status Matters
While asylum status offers protection, it is not permanent. Adjusting your status to that of a green card holder (lawful permanent resident) offers numerous benefits:
- Legal security from potential changes in asylum law
- Freedom to travel abroad and re-enter the U.S.
- Ability to sponsor family members for immigration benefits
- Pathway to U.S. citizenship after five years
- Access to broader employment and financial opportunities
Who Is Eligible to Adjust Status as an Asylee?
- One Year of Physical Presence
You must have been physically present in the U.S. for at least one year after your asylum grant. Under the current rules, you may submit your application for green card prior to accumulating the one year of physical presence, but the application will not be granted until you physically reside in the US for at least one year. - Continued Asylum Status
You must still qualify as an asylee and not have had your status revoked. Your principal or derivative asylum status must still be valid at the time of application. - No Firm Resettlement
You must not have firmly resettled in another country before arriving in the U.S. - Admissibility to the U.S.
You must not be barred from admission to the U.S. due to criminal or security grounds. If you are found inadmissible, you may be eligible for a waiver under certain conditions.
Tip from a New York Immigration Lawyer: Even minor immigration violations or criminal history can complicate your case. Get legal guidance before filing to avoid surprises.
Step-by-Step Process to Apply for Adjustment of Status as an Asylee
Step 1: File Form I-485
Submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS. There is no filing fee for asylees applying for AOS.
Step 2: Include Required Documents
A complete application should include:
- Copy of your asylum approval notice (Form I-94 or Form I-730 approval)
- Proof of your one year of continuous presence in the U.S.
- Passport or other government-issued ID
- Birth certificate with certified translation (if not in English)
- Form I-693 (Medical Exam)
- 2 passport-style photos
- If applicable, Form I-602 for inadmissibility waiver
Step 3: Biometrics Appointment
You will be scheduled for a biometrics appointment (fingerprinting and photo). USCIS uses this to run background checks.
Step 4: Interview (If Required)
USCIS may schedule an interview. You should bring original documents and be prepared to discuss your case. For many asylee AOS applicants, USCIS may waive the interview, but this is not guaranteed.
Step 5: Receive Decision
If approved, you will receive your green card in the mail. If USCIS requests additional evidence or intends to deny your case, you’ll be notified in writing and given the opportunity to respond.
Special Note for Derivative Asylees
Eligibility of Derivative Asylees for Adjustment of Status
Under current U.S. Citizenship and Immigration Services (USCIS) policy, individuals seeking to adjust status as derivative asylees must demonstrate that their relationship with the principal asylee existed before the asylum was granted. While this requirement is currently enforced, it is important to note that USCIS regulations do not explicitly state this condition.
Derivatives May Adjust Together or Separately
Derivative asylees can apply for adjustment of status alongside the principal asylee, or separately—as long as the principal asylee remains eligible as a refugee. For spouses of principal asylees, the marriage must still be legally valid at the time of filing in order to adjust based on the principal’s status.
What Happens if the Principal Asylee Passes Away?
If the principal asylee dies, the spouse or child who derived their asylee status from them may still qualify for a green card. However, they must meet these conditions:
- They were already granted derivative asylee status;
- They were physically present in the U.S. when the principal asylee passed away;
- They continue to reside in the U.S. at the time of filing for adjustment of status.
Impact of Divorce on Derivative Spouses
If a derivative spouse and principal asylee divorce before the principal adjusts their status, the derivative spouse can no longer adjust through the principal. However, there is a legal alternative. The former spouse may file Form I-589 as a principal applicant for asylum. If that new asylum application is approved, the grant can apply retroactively, allowing the former spouse to move forward with an adjustment of status petition.
For the adjustment to be approved, the individual must:
- Be from the same country as the original principal asylee;
- Meet all adjustment of status eligibility requirements for asylees.
If these criteria are satisfied, there is a strong likelihood that the application will be approved.
Children Who "Age Out"
The same set of rules applies to children of principal asylees who age out (turn 21 before the principal asylee adjusts status). However, under USCIS rules, a child who is unmarried and under 21 when the I-589 asylum application is filed and accepted by USCIS will retain eligibility as a child, even if they turn 21 later. This protection ensures that they remain eligible to adjust status under the principal’s application.
Grounds of Inadmissibility & Waivers
Asylees are exempt from many common grounds of inadmissibility, but some issues still require Form I-602, a waiver of inadmissibility.
You may need a waiver if you have:
- Certain medical conditions
- Immigration violations
- Misrepresentation or fraud
- Criminal offenses
This form must include a detailed explanation and supporting evidence. A strong legal argument can make the difference between approval and denial.
Common Pitfalls to Avoid
- Submitting outdated or incomplete forms
- Failing to provide evidence of one-year physical presence
- Forgetting to include medical examination results
- Not disclosing past immigration or criminal issues
- Not maintaining lawful derivative relationship (e.g., a spouse filing after a divorce)
Advice from a trusted New York Immigration Lawyer: USCIS officers review every document carefully. What seems like a minor omission can result in major delays—or denial.
Processing Time
Processing times for asylee Adjustment of Status vary but generally range between 10 to 18 months depending on USCIS workload and location. You can check your field office’s current timelines at uscis.gov.
How a USA Immigration Lawyer Can Help
Although the process may seem straightforward, every detail matters. Working with a qualified immigration attorney can help you:
- Ensure you meet all eligibility requirements
- Gather and organize supporting documents
- Complete USCIS forms accurately
- Avoid costly mistakes or missed deadlines
- Request waivers if needed
- Respond to Requests for Evidence (RFEs)
As a New York Immigration Lawyer, I provide compassionate, thorough, and strategic support to asylees navigating this crucial phase of their immigration journey.
Final Thoughts: From Asylum to Stability
Adjusting your status from asylee to lawful permanent resident is more than a legal milestone—it’s a powerful step toward security, independence, and building a permanent life in the United States.
You’ve already overcome challenges to get asylum. Now, take the next step with confidence and professional support.
Ready to apply for your green card as an asylee?
Schedule a consultation today with the best Immigration lawyer committed to helping you achieve long-term success in the U.S. CALL 917 885 2261
Visit: www.shautsova.com
Email: office@shautsova.com
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