Important changes to the rules for applying for a Green Card
In brief:
Read more:
On February 2, 2023, USCIS issued a press release about changes to the 1-year physical presence requirements for those granted asylee and refugee status.
Previously, to qualify for adjustment of status, an asylee had to be physically present in the United States for at least 1 year after being granted asylum status before filing Form I-485.
Application processing time was added to this time, and as a result, at best, people could get a green card 1.5 years after a court case or interview, and in some cases, 2-4 years.
What the new policy says:
"Requires individuals granted asylum or refugee status to be physically present for 1 year by the time an application for adjustment of status is processed, rather than by the time the application is filed."
The new policy states that asylum seekers and refugees must have lived in the U.S. for 1 year by the time an application for adjustment of status is processed, rather than by the time the application is filed.
You can read these changes in their original form in this document.
When to file the I-485?
According to official data, the processing time for the I-485 is currently more than 3 years.
Here's what attorney Anastasia Sak says:
"Of course, we don't know how the new law will work. Currently it takes 2-3 years to process a green card. I recommend to apply as soon as you get asylum status. Although there have been a few cases where Green Cards have been received six months later, these are exceptions to the general rules".
Can I travel outside the U.S. while waiting for a Green Card?
Yes, you can still apply for an exit document (travel), which is processed much faster than the I-485.
"You must be in the U.S. for a total of 365 days. If you leave the country for 30 days, those days are subtracted, and you must have lived 365 + 30 days before you get your green card".
However, there is a nuance: if a person leaves the country for 6 months, they can lose their permanent resident status. Therefore, if you are planning to leave, do not leave for more than 6 months if possible.
It is worth remembering that this process is not cheap, the I-485 filing fee is from $1140 per person. It will also take time to prepare the necessary documents.
Therefore, start preparing for the filing and focus your efforts in advance.
Steps After Receiving Sanctuary Status.
- Previously, you had to wait one year after becoming a sanctuary state before you could file an I-485 application for a green card.
- Now there is no need to wait that year. The application can be filed earlier.
Read more:
On February 2, 2023, USCIS issued a press release about changes to the 1-year physical presence requirements for those granted asylee and refugee status.
Previously, to qualify for adjustment of status, an asylee had to be physically present in the United States for at least 1 year after being granted asylum status before filing Form I-485.
Application processing time was added to this time, and as a result, at best, people could get a green card 1.5 years after a court case or interview, and in some cases, 2-4 years.
What the new policy says:
"Requires individuals granted asylum or refugee status to be physically present for 1 year by the time an application for adjustment of status is processed, rather than by the time the application is filed."
The new policy states that asylum seekers and refugees must have lived in the U.S. for 1 year by the time an application for adjustment of status is processed, rather than by the time the application is filed.
You can read these changes in their original form in this document.
When to file the I-485?
According to official data, the processing time for the I-485 is currently more than 3 years.
Here's what attorney Anastasia Sak says:
"Of course, we don't know how the new law will work. Currently it takes 2-3 years to process a green card. I recommend to apply as soon as you get asylum status. Although there have been a few cases where Green Cards have been received six months later, these are exceptions to the general rules".
Can I travel outside the U.S. while waiting for a Green Card?
Yes, you can still apply for an exit document (travel), which is processed much faster than the I-485.
"You must be in the U.S. for a total of 365 days. If you leave the country for 30 days, those days are subtracted, and you must have lived 365 + 30 days before you get your green card".
However, there is a nuance: if a person leaves the country for 6 months, they can lose their permanent resident status. Therefore, if you are planning to leave, do not leave for more than 6 months if possible.
It is worth remembering that this process is not cheap, the I-485 filing fee is from $1140 per person. It will also take time to prepare the necessary documents.
Therefore, start preparing for the filing and focus your efforts in advance.
Steps After Receiving Sanctuary Status.