USCIS physical presence guidance
February 8, 2023
USCIS has provided clarification in its Policy Manual, which explains that both asylees and refugees must have been physically present in the U.S. for one year while the agency adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date. If USCIS is unable to determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or records at the time the agency adjudicates their Form I-485, USCIS may request additional evidence.
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