Experts Urge Quick Green Card Filing After Asylum Approval, Warn of Possible Trump Rule Changes

Immigration experts urge individuals with approved asylum cases to file for green cards immediately, citing concerns over potential rule changes under the Trump administration.

New York-based immigration attorney Keshab Raj Seadie is advising asylees to file for their green cards as soon as possible following asylum approval, citing concerns that the Trump administration may introduce stricter rules in the future. Seadie emphasized that delaying the process could leave individuals vulnerable to potential policy changes aimed at limiting pathways to permanent residency.

“Time is of the essence,” Seadie stated. “Given the current administration’s track record, it is crucial for asylees to take advantage of the existing rules and file for their green cards immediately after becoming eligible. Delaying this process could risk losing the opportunity altogether if new regulations are implemented.”

New York-based immigration attorney Keshab Raj Seadie

Under current policy, individuals granted asylum are eligible to apply for a green card immediately after their asylum approval. Seadie warns that the Trump administration has consistently pursued restrictive immigration policies, and there is a growing possibility that the rules for transitioning from asylum to permanent residency could be altered or tightened.

Seadie’s warning comes amid broader concerns within the immigration community about potential changes to asylum and green card policies. The Trump administration has previously proposed measures to limit asylum eligibility and increase scrutiny on immigration benefits, raising fears that future rules could further complicate the path to permanent residency for asylees.

On February 2, 2023, USCIS updated its policy guidance regarding the one-year residency requirement for those who have been granted asylum or entered the United States as refugees. The update clarified that the calculation of continuous residence in the United States for one year will not be based on the time before filing a green card application but on the time before USCIS makes a decision on the green card application.

Immediately after the policy change, USCIS spokeswoman Katherine Tichacek had confirmed to NepYork that there would be no issue with applying for a green card immediately after asylum is approved or after entering the U.S. as a refugee. According to Tichacek, applicants will not be penalized for applying for a green card immediately after asylum approval, and their applications will not be rejected on that basis.

However, USCIS will not adjudicate the green card application until one year has elapsed since the grant of asylum or the initial admission as a refugee. If USCIS reviews an application before one year has passed, the agency will not reject the application but will hold it until the one-year requirement is met.

(USCIS)

Tichacek had explained, “If an applicant files their adjustment of status application before one year and USCIS accepts it, USCIS will hold the application until one year has elapsed since the grant of asylum or the initial admission as a refugee.”

This means applicants do not need to worry about their applications being rejected if they file for their green card as soon as asylum is approved. Tichacek had also clarified that USCIS will determine the amount of time the asylee or refugee has been physically present in the U.S. when making a decision on the green card application. If USCIS cannot verify the one-year physical presence requirement through its records, additional evidence may be requested.

Tichacek had stated, “After that, USCIS will determine the amount of time the asylee or refugee has been physically present in the U.S. If we cannot determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or our records when we adjudicate the Form I-485, we may request additional evidence.”

The new policy guidance applies to applications pending on February 2, 2023, and all applications filed on or after that date. The USCIS update was implemented to align with President Biden’s Executive Order 14012, which aimed to eliminate barriers and improve access to immigration benefits. However, legal experts warn that the Trump administration, known for reversing Biden-era policies and executive orders, may potentially overturn this policy in the future. This has raised concerns about the stability of current immigration rules and their long-term impact on applicants.