USCIS today clarifies some technical requirements for asylees and refugees to apply for permanent resident status (Green Card) through Adjustment of Status. The most important items include:
1) Starting 2/2/2023, asylees and refugees only need one year of physical presence in the U.S. at the time their I-485 adjustment application is adjudicated by USCIS. One year of physical presence is not required when they submit the I-485 application.
2) Asylees and refugees who are otherwise subject to the INA Section 212(e) 2-year residence requirements under the J visa program are eligible to apply for adjustment of status under INA Section 209. A waiver is not required.
As a result of these changes, asylees and refugees should be able to apply for U.S. permanent residency and citizenship sooner and easier than before.
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