Refugee Adjustment of Status
On humanitarian grounds, the United States grants refugee or asylee status to some individuals who flee their home country and seek protection in the U.S. Typically, such a status is initially granted on a temporary basis, allowing the person to stay in the U.S. for a limited time. However, a refugee or asylee can apply to adjust their immigration status to that of a permanent U.S. resident.
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Adjustment of Status
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U.S. immigration authorities refer to a change from one immigration status to another as an "adjustment of status." A refugee or asylee can apply to adjust their immigration status from temporary or non-immigrant residence, to permanent residence of the U.S.
Eligibility
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Adjustment Of Status (AOS) can only be applied for from within the United States. An asylee or refugee who has been in the United States for at least one year after being granted asylee or refugee status may apply for AOS and become a permanent resident (also known as a "green card" holder.) The spouse or child of a refugee or asylee may also apply for AOS.
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Process
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An application to adjust status is made using Form I-485 from the United States Citizenship and Immigration Services (USCIS) website. The form and supporting documents must be completed and sent to the appropriate USCIS office (addresses are provided with the form instructions). The filing fee for Form I-485 is waived for applicants who were admitted to the United States as a refugee or asylee. An in-person interview, medical exam, and/or additional documentation may be required by USCIS.
Time Frame
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Applications to adjust status typically take between six months and two years to be approved. While an AOS application is pending, the refugee or asylee must keep USCIS informed of any address changes, and will need to apply for permission to work or travel.
After Adjustment Of Status
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Once the refugee or asylee is granted permanent U.S. residence, he or she will receive a "green card" which allows the holder to live and work in the United States. Permanent residents have many of the rights and privileges afforded U.S. citizens, although a permanent resident may not vote in U.S. elections.
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