Improvements to Adjustment of Status Filing Requirements for Asylees

On February 2, 2023, USCIS updated its guidance to clarify that both asylees and refugees must have been physically present in the United States for one year at the time of adjudicating their Form I-485, Application to Register Permanent Residence or Adjust Status. Previously, asylees were required to be present in the United States for a year at the time they filed their adjustment of status application. The updated guidance applies to all Form I-485 application pending on February 2, 2023, and those filed on or after that date. This appears to mean that asylees can file for adjustment of status immediately after obtaining a grant of asylum, rather than waiting a full calendar year to file. Given the lengthy backlogs of adjudication of applications for adjustment of status for many asylees, this is a welcomed change that will expedite the process of asylees obtaining lawful permanent residence.