January 20, 2010 Asylum-based Form I-485, Application to Register Permanent Residence or Adjust Status USCIS Texas Service Center University Program

January 20, 2010USCIS Texas Service Center University Program Slide 2 Introduction Adjustment of status is a means by which an individual granted asylum may obtain lawful permanent residence without leaving the United States. –Asylees are not required to apply for adjustment of status. –Dependent asylees can apply for adjustment of status independently of principal asylees.

January 20, 2010USCIS Texas Service Center University Program Slide 3 Introduction (Cont’d.) When is an asylee eligible for adjustment of status? –He or she must apply for adjustment; –He or she must have been physically present in the United States for at least one year after having been granted asylum; –He or she continues to meet the definition of a refugee [defined in § 101(a)(42)], or is the spouse or child of a refugee; –He or she has not been firmly resettled in any foreign country; and –He or she is admissible to the United States (a waiver may be available).

January 20, 2010USCIS Texas Service Center University Program Slide 4 Service Centers adjudicate asylum-based adjustment of status applications when the asylee is eligible for an interview waiver –Interview waiver means that if the case meets certain criteria it may be approved without the asylee ever being interviewed Introduction (Cont’d.)

January 20, 2010USCIS Texas Service Center University Program Slide 5 Criteria The provisions found in 8 C.F.R. § provide the sole and exclusive procedure for asylum-based adjustment of status. –NOTE: The provisions found in 8 C.F.R. § 245 are not applicable to asylum-based adjustment of status.

January 20, 2010USCIS Texas Service Center University Program Slide 6 Who May File? Any individual who has been granted asylum under INA § 208 may file for adjustment of status: –Principal asylee –Dependent spouse granted asylum –Dependent child granted asylum

January 20, 2010USCIS Texas Service Center University Program Slide 7 Child Status Protection Act (CSPA) An unmarried child who was under 21 years of age on the date that his or her parent applied for asylum will continue to be classified as a child, even if the child turned 21 years of age after his or her parent’s application for asylum was filed. –Special rules apply if an unmarried child turned 21 years of age prior to August 6, 2002.

January 20, 2010USCIS Texas Service Center University Program Slide 8 Dependent Asylees The qualifying relationship between a principal and any dependent asylees must continue to exist. –If the relationship has ceased to exist, the dependent asylee cannot adjust status. He or she can file for asylum in his or her own right, or file for asylum nunc pro tunc.

January 20, 2010USCIS Texas Service Center University Program Slide 9 When Does a Relationship Cease to Exist? Relationships between a principal and dependent asylees cease to exist when any of the following scenarios occur: –a child is not eligible under CSPA; –a child marries (at any age); –a spouse divorces the principal asylee; –a principal asylee dies; or –a principal asylee naturalizes.

January 20, 2010USCIS Texas Service Center University Program Slide 10 Properly Completed Application for Adjustment of Status To be properly filed, the asylee must submit a completed and signed Form I- 485, along with the appropriate fee. –Is the application completed? –Is there evidence that the fee was collected (unless waived)? –Is the application signed?

January 20, 2010USCIS Texas Service Center University Program Slide 11 Initial Evidence Evidence of asylee status Birth certificate or other acceptable secondary evidence Photographs Form G-325A, signed and submitted by asylees between the ages 14 and 79. Form I-693, in a sealed envelope and signed by the asylee and a designated USCIS civil surgeon

January 20, 2010USCIS Texas Service Center University Program Slide 12 Additional Evidence Depending on case-specific facts, additional evidence may be required, such as court documentation (if the asylee has been arrested).

January 20, 2010USCIS Texas Service Center University Program Slide 13 Security Checks Depending on case-specific factors, security checks may be required: –FBI fingerprint check –FBI name check –Interagency Border Inspection System (IBIS) –National Security Entry-Exit Registration System (NSEERS)

January 20, 2010USCIS Texas Service Center University Program Slide 14 Inadmissibilities The following grounds of inadmissibility are not applicable to asylees: –212(a)(4) public charge –212(a)(5)(A), (B) & (c) labor certification, unqualified physicians, uncertified health care workers –212(a)(7)(A)(i) immigrant documentary requirements –212(e) foreign residence requirement

January 20, 2010USCIS Texas Service Center University Program Slide 15 Inadmissibilities, cont’d The following grounds of inadmissibility may not be waived: –212(a)(2)(C) controlled substance traffickers –212(a)(3)(A) espionage, sabotage, unlawful activity, overthrow –212(a)(3)(B) terrorist activities –212(a)(3)(C) potentially serious adverse foreign policy consequences –212(a)(3)(E) participants in Nazi persecutions or genocide

January 20, 2010USCIS Texas Service Center University Program Slide 16 Inadmissibilities, cont’d Any other ground of inadmissibility found in INA § 212 may be waived for –humanitarian purposes, –to assure family unity, or –when it is otherwise in the public interest. A waiver application may be requested depending on case-specific factors.

January 20, 2010USCIS Texas Service Center University Program Slide 17 Interview Waiver Criteria Generally, Form I-485 is adjudicated without recourse to an interview. –An interview may be required on a case-by- case basis.

January 20, 2010USCIS Texas Service Center University Program Slide 18 Conditional Asylees An individual granted conditional asylum may not file for adjustment of status until the conditions have been removed. –Conditional asylees must provide address changes and clear updated background, identity, and security checks in order to have conditions removed.

January 20, 2010USCIS Texas Service Center University Program Slide 19 Decisions The applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial. –No right to the appeal process –May file a motion to re-open/ reconsider

January 20, 2010USCIS Texas Service Center University Program Slide 20 Decisions, cont’d If the application is approved, the asylee’s permanent residence shall be recorded as of the date one year before the date of approval. –AS6 - Principal –AS7 - Dependent spouse –AS8 - Dependent child