US Outlines Green Card Rules for Refugees Applying for Permanent Residency
- USCIS has published the specific conditions refugees in the US must meet before they can apply for a Green Card
- US immigration law legally requires refugees to pursue permanent residency once they have satisfied a key period of physical presence
- Refugees who face grounds of inadmissibility can apply for a waiver through a separate form to keep their application alive
The United States Citizenship and Immigration Services (USCIS) has set out the conditions refugees living in the US must satisfy in order to apply for lawful permanent residency, commonly known as a Green Card.
Unlike many immigration pathways, the process is not voluntary. Under US immigration law, refugees who have met the qualifying residency threshold are legally obligated to apply for adjustment of status, the official term for transitioning from refugee to permanent resident.
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Who qualifies to apply for a Green Card?
To meet the eligibility requirements, a refugee must have been admitted into the United States under Section 207 of the Immigration and Nationality Act.
Applicants must also be physically present in the country at the time of filing and have been in the US for a minimum of one year after their original admission as a refugee.
Additional eligibility conditions include maintaining active refugee status that has not been terminated, not already having permanent resident status, and being considered admissible under US immigration law.
Eligible refugees must submit their applications using Form I-485, the Application to Register Permanent Residence or Adjust Status.
Inadmissibility grounds and waiver options
Meeting the basic residency and status requirements does not guarantee approval. USCIS evaluates each applicant against the grounds of inadmissibility set out in Section 212(a) of the Immigration and Nationality Act.
The agency notes, however, that certain grounds within that section do not apply specifically to refugees seeking adjustment of status.
Where a ground of inadmissibility does apply, refugees may be able to request a waiver by submitting Form I-602, the Application by Refugee for Waiver of Grounds of Excludability. If the waiver is granted and the applicant otherwise satisfies all remaining conditions, USCIS retains the authority to approve the Green Card application.
The guidance underscores that each case is assessed individually, meaning outcomes will vary depending on a refugee's personal circumstances and immigration history.
Court orders USCIS to resume green card processing
Earlier, YEN.com.gh reported that a US court ordered immigration authorities to resume adjudicating thousands of immigration benefit applications that were frozen.
According to the judge, the blanket freeze exceeded the administration's authority.
Source: YEN.com.gh
