Refugees Must Apply for a Green Card After One Year in the United States

Individuals who have been approved for refugee status and admitted to the United States as refugees are generally required to apply for lawful permanent residence, commonly known as a green card, after one year in the country. This requirement does not apply to individuals with pending asylum applications. People who have been granted asylum have a separate process and eligibility requirements for applying for a green card.

Refugees who have not filed Form I-485 or who started the process but never completed it should address the issue promptly.

With increased enforcement and renewed scrutiny of refugee cases, leaving this requirement unresolved may create serious risks.

Important

This article addresses individuals admitted to the United States as refugees. It does not address pending asylum applicants or the separate adjustment of status process for individuals who have been granted asylum.

What Is the One-Year Requirement?

Under U.S. immigration law, refugees are required to apply for adjustment of status after one year in the United States. Applicants must generally have been physically present in the country for at least one year when USCIS adjudicates their application and must continue to qualify for refugee-based adjustment.

Each eligible refugee, including qualifying spouses and children, generally must file a separate Form I-485, Application to Register Permanent Residence or Adjust Status. Refugees do not pay a filing fee for this application.

What If You Have Not Applied or Your Application Is Incomplete?

If you have been in the United States for more than one year and have not applied for a green card, do not assume that you can safely continue waiting.

If you previously filed Form I-485 but never completed the process because you were missing documents or did not respond to a USCIS request, check the current status of your case. Do not assume that USCIS is still processing your application.

Contact an immigration attorney to review your situation, determine what remains outstanding and identify the appropriate next steps. Missing documents do not necessarily mean you are ineligible for a green card.

Why Is This Important Now?

In February 2026, USCIS and Immigration and Customs Enforcement issued a memorandum directing immigration authorities to return certain refugees who have not adjusted to permanent resident status to DHS custody for inspection and examination. The policy has faced legal challenges, and court orders may affect its enforcement.

Separately, USCIS has directed a review of refugees admitted between January 21, 2021, and February 20, 2025, including a hold on certain pending green card applications. These developments make it particularly important for affected refugees to understand their case status and obtain legal advice.

Do Not Ignore Your Immigration Case

If you entered the United States as a refugee more than one year ago and have not applied for a green card, or if your application remains incomplete, take action now. Keep copies of your prior filings and USCIS notices and attend any required appointments.

Tran Flores Law can help you review your immigration situation and discuss your options. Call (512) 894-9984 to schedule a consultation.