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Asylee or Refugee Seeking Lawful Permanent Resident (LPR) Status
Overview
If
you have been a refugee or held asylum status for at least one year,
you may be eligible to change your status to that of a permanent
resident. You should use the Form I-485 as your primary application.
Please see below for specific instructions on how to file.
Gaining
LPR Status as an Asylee
Form I-485, Application to Register Permanent Residence
or Adjust Status, is used to adjust the status of asylees to that
of a permanent resident. Applicants must have been physically present
in the United States in asylee status for at least a total of one
year prior to filing the Form I-485.
The asylee should
file a Form I-485 with the following supporting documentation (in
this order):
- Fingerprint
fee (this fee applies to applicants who are from 14 to 79 years
of age)
- I-485
- G-28, if
applicable, signed by the attorney (or authorized representative)
and the applicant. Facsimile signature stamps are acceptable for
the signature of the representatives. However, applicants must
sign the Form G-28 submitted with the application in the original.
- I-485, signed.
Box "d" of Part 2 of the application should be marked.
If the applicant is an Iraqi who processed through Guam, also
write "IRAQI/GUAM" in the margin.
- 2 photos
in an envelope stapled to lower left corner. The name of the applicant
and A-number, if known, should be lightly written in pencil on
the back of each photo. Details on photo size, etc, may be found
in the form instructions.
- G-325, signed,
(if the applicant is 14 years of age or older).
- I-693 Medical
with Vaccination Supplement. Only a civil surgeon designated by
the INS to conduct medical examinations may complete the Form
I-693 and the vaccination supplement submitted with it. Call the
National Customer Service Center at 1-800-375-5283 to locate civil
surgeons (doctors) where you live.
- Evidence
of Asylee Status. Evidence might include a copy of Form I-94 and
a clear, readable copy of the letter granting asylum. If alien
was initially given conditional asylum, submit evidence to show
that the conditions have been removed.
- IRS-9003,
optional
- I-602, Application
by Refugee for Waiver on Grounds of Excludability, if applicable
- Evidence
of one year’s physical presence in the United States. Please
keep physical presence evidence to an absolute minimum. Evidence
might include a letter of employment, a lease, school enrollment
records, or similar documentation, which would cover broad periods
of time.
- Proof of
any absences from the U.S. since you have been granted asylum.
For example: photocopies of pages in refugee travel document or
passport.
- Birth Certificate
or other birth record
- Proof of
any legal name change you have obtained since you were granted
asylum status
Derivative
Asylees
If you are filing for adjustment as an asylee who was granted
derivative asylum status, you must prove that your relationship
to the principal asylee still exists. When filing, give the A-number
of your spouse or parent who was granted asylum and include:
- Proof of
the relationship (for example: marriage certificate, divorce/death
certificates for any current or prior spouse, birth certificate
showing principal alien as your parent)
- A copy of
the letter granting you derivative asylee status either on the
basis of having been included on the principal’s original
asylum application or on the basis of having been the beneficiary
of an I-730 petition filed by the principal.
If you were
granted derivative asylee status as the child of an asylee
and you are now over age 21 and are unmarried, you should contact
the nearest asylum office and request information on filing a "nunc
pro tunc" asylum application (using Form I-589) in conjunction
with your adjustment of status application (Form I-485).
Gaining
LPR Status as a Refugee
Form
I-485, Application to Register Permanent Residence or Adjust Status,
is used to adjust the status of refugees to that of permanent resident.
Applicants must have been physically present in the United States
in refugee status or have held derivative refugee status for at
least a total of one year prior to filing the Form I-485. There
is no filing fee for the I-485 in this category.
The refugee
should file a Form I-485 with the following supporting documentation
(in this order):
- Fingerprint
fee (this fee applies to applicants who are from 14 to 79 years
of age)
- I-485, signed.
Box "h" of Part 2 should be marked with the word "refugee"
printed on the accompanying line.
- 2 photos
in an envelope stapled to lower left corner. The name of the applicant
and A-number, if known, should be lightly written in pencil on
the back of each photo. Details on photo size, etc, may be found
in the form instructions.
- G-28, if
applicable, signed by the attorney (or authorized representative)
and the applicant. Facsimile signature stamps are acceptable for
the signature of the representatives. However, applicants must
sign the initial Form G-28 submitted with the application in the
original.
- G-325, signed,
(if the applicant is 14 years of age or older).
- Vaccination
"Supplemental Form to I-693." A complete Form I-693
(which includes the Form I-693 and its supplement) is required
only if: there were medical grounds of inadmissibility noted at
the time of arrival in the United States or if the refugee status
was granted to the alien in the U.S. by an approved Form I-730,
Refugee/Asylee Relative Petition.
- If neither
of these conditions apply, all that is required is the vaccination
supplement. The refugee applicant may have the Supplemental Form
completed at any state or local health department, or may choose
to make an appointment with a civil surgeon designated by the
INS to conduct medical examinations. Call the National Customer
Service Center at 1-800-375-5283 to locate civil surgeons (doctors)
where you live.
- Evidence
of refugee status. This might include a clear, readable photocopy
of Form I-94 or a copy of your Employment Authorization Document.
- IRS-9003,
optional
- I-602, Application
by Refugee for Waiver on Grounds of Excludability, if applicable
- Evidence
of one year’s physical presence in the United States. Please
keep physical presence evidence to an absolute minimum. Evidence
might include a letter of employment, a lease, school enrollment
records, or similar documentation, which would cover broad periods
of time.
- Proof of
any absences from the U.S. since your admission as a refugee.
For example: photocopies of pages in refugee travel document or
passport.
- Birth Certificate
or other birth record
- Proof of
any legal name change you have obtained since you were granted
refugee status.
Filing
for Travel and Work Documents
You may file
the following forms concurrently with your I-485:
- If you wish
to work while your application is being processed, you may file
Form I-765, Application for Employment Authorization. More information
may be found at How Do I Get a Work Permit.
- If you wish
to travel outside of the U.S. (and return) while your application
is being processed, you may use Form I-131, Application for Travel
Document, to apply for a refugee travel document. More information
may be found at Emergency Travel, and How Do I Get a Travel Document,.
Each of the
above named applications must be complete in its own right. They
are not always processed with the I-485. Therefore, please submit
all required documentation with each concurrent application.
Please note:
If you have already been issued work authorization or a refugee
travel document as an asylee or refugee, you do not need to apply
for new authorization until 90 days prior to the expiration date
on the document you already have.
If you apply
for work authorization and do not receive the document within 90
days of filing the application, you may obtain an interim work authorization
document. After 90 days have passed, simply present the receipt
that shows you have filed Form I-765 at your local office.
How
to File
A separate
I-485 application packet must be prepared for principal applicant
and, if applicable, for each spouse/child who derived asylee or
refugee status from the principal.
Application
packets should be assembled in the order described above. To hold
each application packet together please use a single staple or a
strong paper clip.
Several different
application packages may be submitted in the same mailing. It is
requested, however, that units be identified. For example, rubber
band together all applications pertaining to the "Jones"
family, all applications pertaining to the "Smith" family,
etc.
Any foreign
language documents must be submitted with a certified English translation.
The translator must certify that he/she is competent to perform
the translation and that the translation is accurate. Note that
translations submitted without a legible copy of the foreign document
are not sufficient.
Payment
Information
- The total
fee remittance must be correct for the INS to accept the I-485
for filing.
- If one check
is submitted to pay for all applications, the check should be
attached to the top left-hand corner of the first form in the
package. If a separate check is submitted for each application,
the check should be attached to the top left-hand corner of the
corresponding application.
- Applicants
should be aware that when one check is submitted to pay for multiple
forms, all applications will be rejected if the check is not in
the correct amount, or if any form has inadvertently been left
unsigned.
Where
to File
All
asylum adjustment applications and all refugee adjustment applications
should be mailed directly to the Nebraska Service Center. Any concurrently
filed Form I-131 (Travel Document) and/or Form I-765 (Employment
Authorization) should also be mailed to the Nebraska Service Center.
However, if
you have been notified that the Form I-485 has been relocated to
a local INS office, any subsequent Form I-765, I-131, or I-602 must
be submitted to the local office where the I-485 is pending.
When
to File
- You may apply
to adjust to Lawful Permanent Resident Status:
- When you
have been physically present in the U.S. for a minimum of one
year after the date you were granted asylum status or
When you have been physically present in the U.S. for a minimum
of one year after your admission into the United States with refugee
status, whichever is applicable.
Notifying INS of a New Address
Immigration
law and INS regulation require all aliens, including refugees and
asylees, to notify INS within 10 days of changing their address.
A refugee who wishes to report a change of address should send a
letter to the local INS office that has jurisdiction over his or
her NEW place of residence.
Please include
in the letter:
- Your name
as it appears on your I-94
- Your alien
number (A-Number)
- Your OLD
and NEW address
- The effective
date of the new address
- On the outside
of the envelope, clearly write: "ATTENTION: CHANGE OF ADDRESS."
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