News & Insights

1. Key Points About Early Filing

Filing Is Allowed Anytime After Asylum Approval:

• Asylees may file Form I-485 at any point after receiving asylum status, even if they have not yet reached one year of physical presence.

USCIS Will Delay Approval Until One-Year Presence Is Met:

• USCIS cannot approve your application until you demonstrate that you have been physically present in the U.S. for at least one year as an asylee. If you file early, your case may still be placed on hold until this requirement is satisfied.

2. Benefits of Filing Early

• Get in the Processing Queue Early: With long USCIS processing times for Form I-485, filing early ensures your application enters the system sooner.
• Proactive Documentation: Early filing gives USCIS time to review your submission and request additional evidence (if needed) before adjudication.
• Peace of Mind: Filing early may help you secure a spot in line amidst increasing case backlogs.

3. Potential Drawbacks

• Risk of Processing Delays: If you file early and USCIS cannot determine whether you meet the one-year physical presence requirement, they may request additional evidence, which could prolong adjudication.
• Better Timing May Simplify Processing: Waiting until after the one-year mark can reduce requests for evidence and speed up processing.

4. Legal Framework and Practical Application

• The Immigration and Nationality Act (INA) § 209(b) governs the adjustment of status for asylees.
• USCIS Policy Manual Volume 7, Part M provides additional interpretive guidance.
• USCIS has consistently required the one-year physical presence rule to demonstrate stability and residency before granting lawful permanent resident (LPR) status.

5. Steps to Apply for a Green Card After Asylum

File Form I-485:

• Submit the application along with all required supporting documents, such as:
  • A copy of your asylum approval notice.
  • Evidence of physical presence (e.g., employment records, lease agreements, utility bills).
  • Form I-693 (Report of Medical Examination and Vaccination Record).

Document Physical Presence Thoroughly:

• Ensure you have records that clearly establish at least one year of physical presence in the U.S. by the time USCIS reviews your application.

Monitor USCIS Processing Times:

• Stay updated on processing times for Form I-485 at your local field office. Early filing may not always lead to faster approval.

6. FAQs for Asylees Considering Early Filing

Can I apply for a green card as soon as I receive asylum?

• Yes, you can file Form I-485 immediately after being granted asylum. However, USCIS will only approve your application once you meet the one-year physical presence requirement.

Should I wait a full year to file?

• Waiting until you complete one year of physical presence may simplify your application and reduce the likelihood of USCIS requesting additional evidence.

How does early filing affect processing times?

• Filing early places your application in the queue, which may be advantageous given USCIS backlogs. However, the final decision will still depend on when you meet the physical presence requirement.