Asylum and refugee status protect people in Dallas–Fort Worth from return to danger, but they are not permanent residence. Both groups can move to a green card through Form I-485 after one year. The rules differ slightly between asylees and refugees, and the details matter.

The asylee requirements

Under 8 CFR 209.2(a)(1), USCIS may adjust an asylee to permanent residence if the person applies, has been physically present in the United States for at least one year after the grant of asylum, continues to be a refugee (or the spouse or child of one), has not firmly resettled in another country and is admissible as an immigrant.

The USCIS Policy Manual lists the same core elements. Certain inadmissibility grounds, including public charge and labor certification, do not apply to asylee adjustment, but others do, so criminal or immigration history still needs review.

Refugees are expected to apply

For refugees the statute is written differently. Section 209 of the Immigration and Nationality Act, 8 U.S.C. 1159, provides that a refugee who has been physically present for at least one year returns to immigration custody for inspection and examination for admission as a permanent resident. In practice that means filing for a green card once the year has passed.

Counting the year

The year is counted from the grant of asylum for asylees and from admission for refugees, and it is physical presence. Long trips abroad can push the date back. Asylees who travel should use a refugee travel document; under 8 CFR 223.3 it is generally valid for one year or until status expires, whichever comes first.

Family members

A spouse or child who received derivative status can usually adjust on the same basis. Relatives still abroad may be brought through Form I-730, explained in our I-730 guide. If you are still waiting for asylum itself, see the asylum filing steps and what to expect in Dallas.

Risks to watch

Status can be reviewed. In October 2026 DHS shortened the time refugees have to answer a notice of intent to terminate status; see our report on the new 10-day window. Keep your address current and answer every notice quickly.

When the I-485 stalls

Adjustment applications can sit for long periods. Our article on I-485 red flags explains when a wait becomes a problem, and mandamus.com describes federal lawsuits over I-485 delays.

Frequently asked questions

Can an asylee apply before one year? No. The regulation requires at least one year of physical presence after the grant of asylum.

Does a refugee have a choice about applying? The statute directs refugees to be examined for permanent residence after one year, which is done by filing Form I-485.

Do all inadmissibility grounds apply? No. Some grounds, such as public charge, do not apply to asylee adjustment, but many others do. Have the file reviewed before filing.

Key Takeaways

  • Asylees may apply for a green card after one year of physical presence following the grant of asylum.
  • Refugees are directed by statute to seek permanent residence after one year.
  • Physical presence means actual time in the United States; long trips can delay eligibility.
  • Derivative family members can usually adjust on the same basis.
  • Answer every USCIS notice quickly; refugee termination notices now have a 10-day response period.

Disclosure: This site collaborates with the law firm that publishes mandamus.com and n600k.com; some articles link to their guides. General information only, not legal advice.

General information only, not legal advice. Immigration law and agency policy change often; confirm current rules before acting. Published October 26, 2026. Official sources checked October 26, 2026.