The U.S. Citizenship and Immigration Services (USCIS) has been reopening green card applications that were erroneously adjudicated before applicants had completed one year of physical presence in the United States after being granted asylum. This situation arose after updated guidance issued on February 2, 2023, clarified that asylees must have been physically present in the U.S. for one year at the time of adjudication of their Form I-485, rather than at the time of filing.
After this updated guidance, many asylees filed their I-485 applications immediately after being granted asylum or before completing one year of granted asylum. Some of them received green cards before reaching the one-year mark. However, USCIS later sent denial letters stating that their applications had been erroneously adjudicated. This has caused significant distress and uncertainty among the affected individuals.
USCIS is now reissuing green cards to these individuals after they have completed the one-year physical presence requirement.
Ramesh Shrestha, an immigration lawyer with extensive experience in handling asylum and green card cases, shared his insights on the situation.
“This kind of reversal by USCIS is deeply troubling for applicants who had already received approvals and believed they were on a clear path to permanent residency,” said Shrestha. “I’ve had several clients who were initially relieved to get their green cards, only to face the shock of denial notices months later, stating they had to wait for one year after asylum was granted. USCIS must ensure such errors do not occur, as they undermine trust in the system and create unnecessary stress for asylees.”
“They followed the USCIS guidance and filed their applications as soon as they were granted asylum, only to find out later that their applications were being delayed because they hadn’t met the one-year physical presence requirement at the time of adjudication,” Shrestha said.
Shrestha emphasized the importance of understanding the updated USCIS policy. “It’s crucial for asylees to be aware that they must wait until they have been physically present in the U.S. for one year before their green card applications can be adjudicated. Filing too early can lead to delays and additional requests for evidence, which can be stressful and time-consuming for applicants.”
USCIS has clarified that while asylees can file Form I-485 before completing one year of physical presence, it is advisable to wait until the one-year mark to avoid potential complications. “If you file Form I-485 less than one year after being granted asylum, and we cannot determine whether you have been physically present in the United States for one year, we may request additional evidence of physical presence, and it might take longer to process and adjudicate your application,” USCIS clarified. “This means your application may be processed more quickly if you wait until one year after you are granted asylum to file Form I-485.”
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
