Form I-485, Application to Register Permanent Residence or Adjust Status, is the statutory mechanism that allows eligible asylees and refugees to obtain lawful permanent resident (LPR) status—commonly known as a green card—while remaining in the United States. For individuals granted humanitarian protection, adjustment of status represents a critical transition from temporary protection to long-term legal stability.

Lawful permanent residence confers significant benefits, including unrestricted employment authorization, enhanced travel rights, eligibility for derivative family unity, and eventual eligibility for U.S. citizenship. Without filing Form I-485, asylum or refugee status does not convert into permanent residence.

This guide is intended for individuals granted asylum in the United States and those admitted as refugees under U.S. immigration law. While both groups are eligible to adjust status after one year of physical presence, the governing legal standards and procedural considerations differ in important ways.

What Is Form I-485 for Asylees and Refugees?

Form I-485 enables USCIS to determine whether an asylee or refugee is eligible for lawful permanent residence under the Immigration and Nationality Act (INA). Adjustment for these populations is governed by specific statutory provisions that reflect their humanitarian admission.

• Refugees adjust status under INA § 209(a)
• Asylees adjust status under INA § 209(b)

Unlike family-based or employment-based adjustment applicants, asylees and refugees are exempt from immigrant visa quotas, labor certification requirements, and sponsorship by a petitioner. However, USCIS conducts a full review of admissibility at the adjustment stage, including criminal, security, and immigration-related grounds.

Notably, many admissibility issues are evaluated for the first time during adjustment of status, even if they did not prevent the initial grant of asylum or refugee admission.

One-Year Physical Presence Requirement

Both asylees and refugees must satisfy a one-year physical presence requirement before filing Form I-485.

• Asylees: The one-year period begins on the date asylum is granted.
• Refugees: The one-year period begins on the date of admission to the United States as a refugee under INA § 207.

Physical presence requires actual time spent in the United States. Short, authorized trips abroad do not automatically disrupt eligibility, but extended or undocumented travel may raise eligibility concerns. Applicants should retain clear records of travel authorization, reentry, and continued U.S. residence.

Eligibility Requirements for Asylees

To qualify for adjustment of status, an asylee must:

• Have been granted asylum and remained physically present in the U.S. for at least one year
• Continue to meet the refugee definition, including a well-founded fear of persecution
• Not having firmly resettled in another country
• Not have had asylum status terminated
• Be admissible or qualify for a waiver of inadmissibility

USCIS expects asylees to file Form I-485 within two years of the asylum grant, although late filings may be excused for exceptional circumstances such as serious illness.

Derivative asylees (spouses and unmarried children under 21) may adjust status based on the principal asylee but must file separate applications and independently satisfy eligibility requirements.

Eligibility Requirements for Refugees

Refugees may apply for adjustment of status if they:

• Were lawfully admitted to the U.S. under INA § 207
• Have been physically present in the U.S. for at least one year
• Have not already obtained lawful permanent resident status
• Have not had refugee status terminated
• Are admissible or eligible for a waiver

Certain inadmissibility grounds—most notably public charge and labor certification—do not apply to refugees. Humanitarian waivers are available for some grounds of inadmissibility, but not for serious national security concerns or controlled substance trafficking.

Derivative refugee family members must also file individually and meet all statutory requirements.

Required Forms and Supporting Documents

A complete I-485 application typically includes:

• Form I-485 (Application to Adjust Status)
• Biographic and identity documents (birth certificate, passport, ID)
• Form I-693 (Medical Examination)
• Proof of asylum or refugee status (approval notice or Form I-94)
• Evidence of one year of physical presence
• Travel records, if applicable
• Filing fees or fee waiver request

USCIS may require biometrics even when filing fees are waived.

Step-by-Step Application Process

1. Prepare Form I-485 and supporting documentation
2. File the application with USCIS
3. Receive receipt notice
4. Attend a biometrics appointment
5. Undergo security and admissibility review
6. Respond to any Requests for Evidence (RFEs)
7. Attend the interview, if required
8. Receive approval and green card issuance

Asylees and refugees are not subject to visa number backlogs, allowing approval once eligibility is confirmed.

Special Considerations for Derivative Family Members

Derivative eligibility depends entirely on the principal applicant’s status. Applicants must provide valid proof of the qualifying family relationship and may file concurrently or separately, depending on case strategy.

Common Issues and Pitfalls

• Insufficient evidence of physical presence
• Unauthorized or poorly documented travel
• Unaddressed inadmissibility issues
• Late filings without a credible justification

Early legal review can often prevent these issues from resulting in denial.

Helpful Resources and Official Guidance

• USCIS Policy Manual – Asylee Adjustment
• USCIS Policy Manual – Refugee Adjustment
• Immigration Equality Asylee Manual
• Tahirih Justice Center I-485 Checklist

Adjustment of status under Form I-485 is a vital step for asylees and refugees seeking permanent residence in the United States. While the statutory framework offers significant advantages, success depends on careful documentation, timely filing, and a thorough understanding of admissibility requirements. Consulting official USCIS guidance—or experienced immigration counsel—can significantly reduce risk and delay.

FAQ 

Q: When can an asylee file Form I-485?
A: One year after asylum is granted, provided the applicant meets physical presence and admissibility requirements.

Q: Do refugees need a sponsor to adjust status?
A: No. Refugees adjust under INA §209(a) and do not require a family or employer sponsor.

Q: Is there a visa backlog for asylees and refugees?
A: No. Adjustment is not subject to immigrant visa quotas.

Q: Can derivative family members apply separately?
A: Yes. Each derivative must file an individual Form I-485.