Asylum and Refugees: Two Different Routes to Permanent Residence

01

Different Starting Points

Refugees are admitted to the United States after obtaining refugee status outside the country; asylees apply for and are granted asylum within the United States or at a port of entry. Both fall under the “Refugee or Asylee” grouping on the USCIS categories page and are unrelated to employment-based or investment-based immigration.

One common scam is to market codes such as AS6 (asylees) as “investment-based immigration.” The code itself identifies the basis for obtaining status, which can be checked on this website’s code page.

02

Asylees Applying for Green Cards

Requirements include: being physically present in the United States when filing Form I-485; having been granted asylum by USCIS, the former INS, an immigration judge, the Board of Immigration Appeals, or a federal court; having been actually physically present in the United States for at least 1 year after being granted asylum; continuing to meet the definition of a refugee (principal applicant) or continuing to be the spouse or child of a refugee (derivative); and not having had asylum terminated, among other requirements.

On February 2, 2023, USCIS updated its Policy Manual to clarify that the 1-year actual physical presence requirement for asylees and refugees is assessed as of the time USCIS adjudicates Form I-485, rather than at filing.

03

Refugees: The Law Requires an Application After 1 Year

U.S. immigration law requires refugees to apply for permanent resident status once they have been actually physically present in the United States for 1 year after entry. This differs from the wording that asylees “may apply.” Spouses and unmarried children under age 21 who obtained derivative refugee status through a principal refugee may also apply.