Adjustment of Status after Asylum: Green Card for Asylees and Family Members

For individuals granted asylum in the United States, obtaining a green card is often the next step towards permanent residency in the United States. This process—known as adjustment of status (AOS)—allows asylees and their qualifying family members to apply for lawful permanent residence (LPR) without leaving the country. Whether you’re newly granted asylum, supporting a spouse or child as a derivative, or planning ahead for your future, this guide outlines everything you need to know to transition from asylee to permanent resident.

What is Adjustment of Status for Asylees?

Adjustment of status is the legal process through which individuals who have been granted asylum in the United States apply for lawful permanent resident (LPR) status without leaving the country. This pathway allows asylees to transition from protected status to holding a green card, typically after one year of continuous physical presence following a grant of asylum.

Unlike consular processing, which requires attending an interview at a U.S. embassy or consulate abroad, adjustment of status is handled domestically through U.S. Citizenship and Immigration Services (USCIS). The central form used in this process is Form I-485, Application to Register Permanent Residence or Adjust Status.

This process is a critical step in the long-term immigration journey, offering increased stability, work authorization without additional documentation, and the eventual opportunity to apply for U.S. citizenship.

Who is Eligible to Adjust Status after Asylum?

Individuals who have been granted asylum in the United States may become eligible to apply for adjustment of status to lawful permanent resident after meeting specific statutory and procedural requirements. These eligibility standards apply to both principal asylees and their qualifying derivative family members.

Eligibility Criteria for Principal Asylees

To be eligible for adjustment of status, a principal asylee must meet the following conditions:

Was granted asylum by USCIS, an immigration judge, the Board of Immigration Appeals, or a federal court.
Has been physically present in the United States for at least one continuous year after receiving asylum.
Continues to meet the definition of a refugee under Section 101(a)(42) of the Immigration and Nationality Act (INA).
Has not firmly resettled in another country since being granted asylum.
Has not had the grant of asylum terminated.
Is admissible to the United States or qualifies for a waiver of inadmissibility.
Merits a favorable exercise of discretion by USCIS.

Eligibility Criteria for Derivative Asylees (Spouses and Children)

Spouses and children of principal asylees who were granted derivative asylum status are also eligible to apply for adjustment of status if they meet the following criteria:

Currently hold derivative asylum status based on an approved Form I-730 or inclusion on a principal’s approved asylum application.
Have maintained a qualifying relationship to the principal asylee at the time of adjustment (i.e., continue to be a spouse or unmarried child under 21).
Have been physically present in the United States for at least one year since being granted derivative asylum.
Have not had the grant of asylum terminated.
Are admissible to the United States or eligible for a waiver of inadmissibility.
Merit a favorable discretionary decision by USCIS.

Both principal and derivative asylees must submit Form I-485 and supporting documentation to initiate the adjustment process.

Step-by-Step: How to Adjust Status after being granted Asylum

Adjustment of status for individuals granted asylum involves a multistep process governed by U.S. Citizenship and Immigration Services (USCIS). Given the legal and procedural complexities involved, it is often advisable to seek the guidance of an experienced immigration attorney. Below is a breakdown of the key procedural stages.

Step 1: Confirm Physical Presence for One Year

Before applying, the applicant must have been physically present in the United States for at least one continuous year following the grant of asylum. This requirement applies to both principal and derivative asylees.

Step 2: Gather Required Documentation

Applicants must collect evidence to support the Form I-485 application, including:

Proof of asylum grant (e.g., USCIS approval notice, immigration judge’s decision, or I-94 showing asylum status).
Evidence of continuous physical presence since the asylum grant (e.g., lease agreements, school or employment records, utility bills).
Birth certificate, identity documentation, and, if applicable, proof of family relationship (for derivative applicants).

Step 3: File Form I-485 and Supporting Materials

Form I-485 (Application to Register Permanent Residence or Adjust Status) must be submitted to USCIS with the following:
Filing fee (or fee waiver request via Form I-912).
Form I-693 (Medical Examination and Vaccination Record), either full or partial depending on case specifics.
Form I-602 (Application by Refugee for Waiver of Grounds of Excludability), if the applicant is subject to inadmissibility grounds.

Step 4: Attend Biometrics Appointment

USCIS will issue a biometrics appointment notice to collect fingerprints, a photograph, and a signature for background checks and identity verification.

Step 5: Respond to Requests for Evidence (if applicable)

If the application lacks required documentation or if USCIS requires clarification, a Request for Evidence (RFE) may be issued. The applicant must respond within the specified deadline to avoid case denial.

Step 6: USCIS Decision and Green Card Issuance

Once USCIS completes the review, the applicant will receive either an approval notice and Green Card or a denial with the reason and information on appeal rights, if applicable.

Grounds of Inadmissibility and Available Waivers

Even for individuals granted asylum, adjustment of status requires demonstrating admissibility under U.S. immigration law. The grounds of inadmissibility are detailed in Section 212(a) of the Immigration and Nationality Act (INA) and cover a range of health, criminal, security, and immigration-related issues.

What Are Grounds of Inadmissibility?

Grounds of inadmissibility are legal reasons that may disqualify a person from becoming a lawful permanent resident. These include but are not limited to:

Certain criminal offenses
Health-related conditions
Immigration fraud or misrepresentation
Unlawful presence or previous removal orders

Inadmissibility and Asylees

Some inadmissibility grounds do not apply to individuals adjusting status based on a grant of asylum. For instance:

Public charge grounds are generally not applicable to asylees
Certain immigration-related violations may be treated with discretion, especially where humanitarian relief was previously granted

Nonetheless, USCIS reviews each case to determine whether any applicable grounds remain that could impact the adjustment application.

Form I-602: Waiver of Inadmissibility

If an applicant is subject to a ground of inadmissibility, a Form I-602 may be submitted to request a waiver of inadmissibility. This discretionary form allows USCIS to approve an adjustment application despite the presence of certain legal bars, particularly where:

The applicant can demonstrate compelling humanitarian concerns
The refusal of admission would cause undue hardship
The applicant’s circumstances warrant a favorable exercise of discretion

Form I-602 must be submitted along with or after the Form I-485 and must clearly identify the inadmissibility grounds being waived.

Common Waivable Grounds

Examples of inadmissibility grounds that may be eligible for a waiver in asylum-based adjustment include:

Certain immigration violations (e.g., unauthorized stay or entry)
Misrepresentation at the time of entry or in prior immigration applications
Health-related issues that are now resolved or manageable
Minor or non-violent criminal offenses

Whether a waiver is available depends on the specific facts of the case, the type of inadmissibility, and supporting documentation. A thorough legal review is essential to determine eligibility and likelihood of success.

Timeline and Processing Expectations

Adjustment of status after a grant of asylum is not automatic and involves specific timing rules and variable USCIS processing times.

One-Year Physical Presence Requirement

Before submitting Form I-485, individuals granted asylum must have been physically present in the United States for at least one year. This requirement is strictly enforced. Submitting an application before the one-year mark may result in a Request for Evidence (RFE) or delays in adjudication. Documentation proving this physical presence—such as employment records, utility bills, or school enrollment—is essential.

USCIS Processing Timeframes

After filing Form I-485, the typical processing time for asylum-based adjustment can range from 8 to 14 months, though this varies significantly based on:

USCIS field office caseloads
Completeness and accuracy of the initial application
Whether RFEs or additional background checks are triggered

No interview is guaranteed; however, USCIS may schedule one if clarification is needed.

Factors That Influence Processing Time

Several elements can affect how quickly an adjustment application is reviewed:

Submission of a complete application package with all required evidence
Presence or absence of criminal or immigration history
Volume of applications at the local USCIS office

How to Avoid Processing Delays

To minimize delays and ensure the application moves efficiently:

Work with an experienced immigration attorney
Wait until the one-year presence requirement is fully met before applying
Submit all required forms and documentation with the initial application
Include Form I-693 (Medical Exam) at the time of filing to avoid later RFEs
Review all documents for completeness and consistency
Keep USCIS informed of any address changes using Form AR-11

The legal team at Benach Pitney Reilly Immigration has extensive experience guiding asylees through the adjustment process and addressing potential challenges before they cause delays.

Adjustment of Status for Derivative Asylees (Spouses and Children)

Spouses and unmarried children of individuals granted asylum may be eligible to adjust status as derivative asylees. These applicants must meet specific eligibility criteria and submit documentation establishing their relationship to the principal asylee.

Who Qualifies as a Derivative Asylee

A derivative asylee is an individual who was granted asylum based on their relationship to a principal asylee. This includes:

A spouse legally married to the principal asylee before asylum was granted
An unmarried child under 21 years of age at the time asylum was granted

Derivatives may have been included on the original asylum application or entered the U.S. later through an approved Form I-730, Refugee/Asylee Relative Petition.

Eligibility Criteria for Derivative Asylees

To qualify for adjustment of status, derivative asylees must:

Have been physically present in the United States for at least one year since being granted derivative asylum
Maintain the qualifying relationship with the principal asylee
Continue to meet admissibility requirements or qualify for an applicable waiver
Have not had asylum status terminated
Merit the favorable exercise of discretion by USCIS

Required Relationship Documentation

Derivative asylees must submit evidence of their relationship to the principal asylee. Examples include:

Marriage certificate (for spouses)
Birth certificate showing parental relationship (for children)
Adoption decree (if applicable)

If names differ across documents, additional evidence such as affidavits or legal name change documents may be required.

Filing Separately from the Principal Asylee

Derivative asylees may file Form I-485 independently from the principal asylee if they meet the eligibility criteria. In such cases, it is important to:

Include proof of derivative asylum status (e.g., Form I-94 or I-730 approval notice)
Demonstrate continued qualifying relationship at the time of filing
Submit all supporting documentation individually

Legal guidance can help ensure that the derivative application aligns with USCIS requirements and avoids unnecessary delays.

Working and Traveling while waiting for Adjustment of Status Approval

While an adjustment of status application is pending, asylees retain specific rights related to employment and travel, but exercising these rights requires careful compliance with U.S. immigration procedures.

Employment Authorization for Asylees

Individuals granted asylum are automatically authorized to work in the United States. An Employment Authorization Document (EAD) is not required to be legally employed; however, many asylees choose to obtain an EAD for identification or verification purposes.

Initial EADs are often issued automatically at the time asylum is granted (particularly in affirmative cases).
Renewals or replacements require the filing of Form I-765, Application for Employment Authorization, under the (a)(5) category.

Filing Form I-765 concurrently with Form I-485 (under the (c)(9) category) is optional but may provide additional convenience during the adjustment process.

Travel Considerations During AOS Processing

Asylees who plan to travel outside the United States while their AOS application is pending must first obtain a Refugee Travel Document by filing Form I-131.

Important guidelines include:

Travel without a valid Refugee Travel Document can be interpreted as abandoning the AOS application.
Entry with any other travel document, including a passport from the country of feared persecution, may raise concerns about the continued validity of the asylum grant.
The Refugee Travel Document is valid for one year and allows reentry without jeopardizing pending AOS.

Travel Risks and Legal Advice

International travel as an asylee with a pending Form I-485 carries inherent legal risks. Re-entry may be denied if the individual:

Lacks a valid Refugee Travel Document
Is deemed inadmissible upon inspection
Has unresolved immigration violations or inadmissibility grounds

It is strongly advised to consult with an immigration attorney before planning travel during this period to avoid complications that may delay or jeopardize the green card process.

Risks, Denials, and What to do if Ineligible

Adjustment of status (AOS) based on asylum is a powerful pathway to lawful permanent residence, but it is not without potential obstacles. Certain circumstances may result in denial, delay, or legal complications.

Situations Where AOS May Be Denied

Failure to Meet Eligibility Requirements: Applications may be denied if the applicant has not been physically present in the U.S. for one year since being granted asylum, or if asylum was not properly granted by an authorized body (e.g., USCIS, EOIR).
Missing or Incomplete Documentation: Lack of essential documents—such as proof of asylum, physical presence, identity, or medical examination—can result in rejection or Request for Evidence (RFE).
Admissibility Issues: Certain criminal offenses, fraud, or prior immigration violations may render an applicant inadmissible, even if asylum was granted.

Impact of Asylum Termination

If asylum status is terminated—due to voluntary reavailment of protection in the country of origin, fraud, or a fundamental change in country conditions—the individual becomes ineligible for AOS. Termination may also trigger removal proceedings unless other forms of relief are available.

When a Waiver is Denied

In cases where the applicant is deemed inadmissible and Form I-602 (Waiver of Grounds of Excludability) is denied, adjustment of status cannot proceed. Options at this stage may include:

Refiling with new evidence or legal arguments
Pursuing alternative immigration relief, if available
Defending against removal in immigration court

When to Seek Legal Guidance

Applicants facing any of the following should strongly consider legal counsel:

Past criminal charges or immigration violations
Asylum granted by an immigration judge or on appeal
Derivative status complications involving family members
A pending Notice of Intent to Deny or RFE from USCIS

The complexity and consequences of a denied adjustment application can be significant. Skilled immigration attorneys can help navigate waivers, appeals, or alternative strategies to preserve legal status.

Why Partner with Benach Pitney Reilly Immigration

Navigating the adjustment of status process after asylum can be daunting—especially when dealing with strict eligibility rules, complex waivers, or derivative family applications. Benach Pitney Reilly Immigration brings deep experience and compassionate advocacy to help individuals and families secure lawful permanent residence with confidence.

Our attorneys have guided countless asylees through the adjustment process, including those facing unique challenges such as prior immigration violations or incomplete documentation.
We are skilled in filing Form I-602 waivers and responding to USCIS Requests for Evidence (RFEs) and Notices of Intent to Deny.
For derivative spouses and children, we provide tailored guidance to ensure timely and accurate filings.
We remain current on USCIS policy updates, travel restrictions, and regulatory changes that impact asylees.

Whether preparing your first immigration petition or responding to complications along the way, Benach Pitney Reilly Immigration is committed to protecting the rights of asylees and keeping families together.

June 20, 2025

202-644-8600