Green Card Through Asylum Attorney | Asylee I-485 Lawyers

One year after you are granted asylum in the United States, you can apply for a green card through adjustment of status under INA section 209(b). Capitol Law Partners prepares the Form I-485 application for asylees and their derivative family members, resolves inadmissibility issues before they become denials, and keeps the case moving when USCIS does not. Whether you won asylum through an affirmative application with USCIS or before an immigration judge, and whether or not we handled that case, we can take it from here.

What an asylee green card attorney does for you

Asylee adjustment looks simple on paper, but USCIS reviews the application against your entire immigration history, including the asylum file. We:

Confirm that you meet every requirement of INA 209(b) and 8 CFR 209.2 before filing, including the one-year presence rule.
Review the original asylum claim for anything that could be read as inconsistent with the I-485 or raise a termination issue.
Identify grounds of inadmissibility and prepare the Form I-602 waiver under INA 209(c) where one is needed.
Prepare Form I-485 and the supporting evidence for you and for each derivative asylee.
Advise on travel, the refugee travel document, and the risks of returning to your home country.
Handle Form I-730 petitions for a spouse or children who are abroad.
Pursue expedite requests or a federal mandamus lawsuit when an I-485 has been pending unreasonably long.

Who qualifies for a green card through asylum

Under INA 209(b) and 8 CFR 209.2, USCIS may adjust the status of an asylee who:

Was granted asylum by USCIS or an immigration judge, or was admitted as a derivative asylee, and whose asylum has not been terminated.
Has been physically present in the United States for at least one year after the asylum grant or derivative admission. Short trips abroad do not reset the year, but time outside the country does not count toward it.
Continues to meet the definition of a refugee, or is the spouse or child of someone who does.
Has not been firmly resettled in any other country.
Is admissible to the United States, or qualifies for a waiver.

Asylees are exempt from several grounds of inadmissibility that apply to other applicants, including public charge, labor certification and lack of entry documents. Other grounds, such as certain criminal issues, prior misrepresentation or health-related grounds, may be waived under INA 209(c) for humanitarian purposes, family unity or the public interest. Waivers are not available for drug trafficking and most security-related grounds.

Derivative asylees

A spouse or child who received asylum through your application, whether included on the I-589 or admitted later on Form I-730, is an asylee in their own right. Each derivative files a separate Form I-485 one year after their own grant or admission. A derivative child who turns 21 or marries after the grant generally keeps asylee status and can still adjust.

Process and timeline

Eligibility review. We confirm the one-year date, review your asylum file and travel history, and screen for inadmissibility.
Filing Form I-485. The application is filed with USCIS with proof of the asylum grant, identity documents, the Form I-693 medical examination, photographs and any waiver request. We confirm the current filing fee and whether a fee waiver is available.
Biometrics. USCIS schedules fingerprints and a photo at an Application Support Center.
Interview, if required. USCIS may waive the interview or schedule one at the local field office. We prepare you and attend with you.
Decision. On approval, your permanent resident date is recorded as one year before the approval date. That backdating means you can generally apply for naturalization about four years after the green card is approved, rather than five.

Processing times for asylee adjustment vary by field office and are published by USCIS. When a case sits well beyond the posted range without action, a mandamus action in federal court can compel a decision.

Evidence and documents

Proof of the asylum grant: the USCIS approval letter, the immigration judge's order, or the Form I-94 showing asylee status.
Passport, birth certificate and any other identity documents, with certified translations.
Evidence of one year of physical presence, such as leases, employment records, school records and tax returns.
A complete travel history with dates and destinations for every trip since the grant.
Form I-693 completed by a USCIS-designated civil surgeon.
Court records for any arrest or charge, even if dismissed.
For derivatives, proof of the relationship and of their own asylee status.

Common problems

Delay. There is no deadline to file after the first year, but waiting leaves you exposed to termination of asylum, changes in law or policy, and problems with travel and employment. We recommend filing as soon as you are eligible.
Travel to the home country. Asylees should travel on a refugee travel document, not the home country's passport. Returning to the country you fled can be treated as evidence that you no longer fear persecution or that you have re-availed yourself of its protection, and can lead USCIS to question or terminate your status.
Inconsistencies. Dates, names or facts on the I-485 that do not match the I-589 or your testimony invite scrutiny.
Criminal issues. Even a minor charge can raise an inadmissibility ground or, in serious cases, a basis to terminate asylum.
Termination of asylum. USCIS can terminate asylum if it finds fraud in the original application, a fundamental change in circumstances, firm resettlement, or certain criminal or security grounds. An asylee whose status is terminated can be placed in removal proceedings, where our removal defense team can seek other relief.

Family members

A principal asylee can petition for a spouse and unmarried children under 21 who were not included in the grant by filing Form I-730 within two years of the asylum approval, whether they are abroad or in the United States. There is no filing fee for the I-730. Once admitted as derivative asylees, family members begin their own one-year period before adjustment. For relatives who do not qualify as derivatives, such as parents or married children, family-based immigration becomes available once you hold a green card or citizenship. Children in the household who were abused, neglected or abandoned by a parent may also qualify for Special Immigrant Juvenile Status, which we evaluate alongside asylum-based options.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and leads an immigration practice that covers asylum, adjustment of status, family and employment-based cases and federal litigation against agency delay. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent asylees from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis.

Learn more

Apply for your green card

If your asylum was granted a year ago or more, you are likely eligible to adjust now. Send us your approval notice and we will map out the application. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

When can I apply for a green card after being granted asylum?

You become eligible after one year of physical presence in the United States following the asylum grant. The year is counted from the date asylum was approved by USCIS or the immigration judge, or from a derivative's admission or approval. Time spent outside the country does not count toward the year, so travel after the grant can push back the date on which you may file Form I-485.

Is there a deadline to apply for the green card?

No. The law sets no deadline for asylee adjustment, and you remain an asylee until your status is terminated. Waiting carries risk, however. Asylum can be terminated for changed circumstances or other grounds, laws and fees change, and travel and employment are easier with a green card. We recommend filing as soon as you have completed the one-year period.

Do my spouse and children file with me?

Each derivative asylee files their own Form I-485. The applications can be filed together if everyone has completed the one-year period, but each person's eligibility is assessed separately. A derivative who was admitted later on Form I-730 counts the year from their own admission date, so family members sometimes become eligible at different times.

Can I travel while my I-485 is pending, and can I visit my home country?

Asylees should travel on a refugee travel document issued by USCIS on Form I-131, not on the passport of the country they fled. Returning to your home country can be treated as evidence that you no longer fear persecution and can lead to questions about your asylum or even termination. Speak with us before planning any international travel while the application is pending.

What if I have a criminal record or another inadmissibility problem?

Asylees are exempt from the public charge, labor certification and entry document grounds. Many other grounds, including certain criminal and misrepresentation issues, can be waived under INA 209(c) on Form I-602 for humanitarian purposes, family unity or the public interest. Drug trafficking and most security grounds cannot be waived. We screen for these issues before filing and prepare the waiver with the application.

Why is my green card dated one year before it was approved?

INA 209(b) directs USCIS to record an asylee's permanent residence as of one year before the approval date. This backdating recognizes the time you waited as an asylee. Because naturalization generally requires five years as a permanent resident, most asylees can apply for citizenship about four years after the green card is approved, subject to the other naturalization requirements.

My I-485 has been pending for a very long time. What can I do?

Asylee adjustment cases are sometimes delayed by background checks or field office backlogs. We first compare your case to the posted processing times and submit an expedite or case inquiry where appropriate. If USCIS still does not act, a mandamus lawsuit in federal court can compel the agency to decide the application. Our immigration mandamus team handles these cases.

Can USCIS take away my asylum?

Yes. Asylum can be terminated if USCIS finds that the original claim was fraudulent, that conditions in your country have fundamentally changed, that you were firmly resettled elsewhere, or that certain criminal or security bars apply. A grant of permanent residence removes the asylum status from this exposure, which is one reason we encourage asylees to adjust promptly.