What Are the Steps to Get a Green Card After One Year of Refugee Status?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My partner has been in the U.S. under refugee status for a year and a half. We need to file for his green card via adjustment of status now that he is past the one-year mark. What are the exact steps we need to take, and what is the current estimated processing timeline?
Yes, he came to the U.S. under refugee status and has been here for a year and a half. He does not have an open asylum case because his refugee status is already approved, and he just had his work permit (EAD) renewed. He has a lawyer who helped him with his initial entry paperwork, but we are looking for a timeline and guidance on filing his Form I-485 Adjustment of Status now.
Attorney Answer
Since your partner is already past the one-year mark as a refugee, he is eligible to file Form I-485 now, and there is no reason to wait. Filing sooner generally means the processing clock starts sooner.
The main form is Form I-485, Application to Register Permanent Residence or Adjust Status. Supporting documents typically include proof of his refugee admission, evidence that he meets the vaccination requirement, two passport-style photos, and a copy of his current EAD. He does not have to pay for a full civil-surgeon medical exam. Under 8 C.F.R. § 209.1(c), a refugee adjusting under INA § 209(a) is not required to repeat the medical examination performed under 8 C.F.R. § 207.2(c) unless there were medical grounds of inadmissibility applicable at the time of admission; he only has to establish compliance with the vaccination requirement, which a civil surgeon records on the vaccination portion of Form I-693. Refugee-based adjustment applicants have historically been exempt from the standard I-485 filing fee, but fee rules change over time, so it is worth confirming the current fee schedule on the USCIS website before filing.
After filing, he will likely be scheduled for a biometrics appointment. USCIS sometimes waives the interview requirement for refugee adjustment cases, but it has discretion to require one, so he should be prepared either way.
For processing time, avoid relying on any general estimate, including older ones you may have seen. Wait times vary a lot depending on the specific USCIS office handling the case and change often, so the official USCIS case processing times page for the relevant office will give the most accurate picture.
What you can do
1. Gather the required documents: proof of refugee admission, his vaccination records for the vaccination portion of Form I-693 (not a repeat of the full medical exam), two passport photos, and a copy of his EAD. 2. Check the current USCIS fee schedule before submitting the application. 3. File through the correct channel for refugee adjustment cases, since these can differ from general I-485 filing addresses. 4. Watch for the biometrics appointment notice and attend it promptly. 5. Check the official USCIS processing times tool for his specific office rather than relying on a general timeframe. 6. Loop in his current attorney specifically for this filing, since immigration attorneys often need to confirm a case is ready before submission.
This is general legal information, not legal advice, and a local immigration attorney can confirm the exact filing details and realistic timeline for his case.
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Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Does my partner need to pay the I-485 filing fee?
Refugee-based adjustment applicants have historically been exempt from the standard I-485 fee, but fee rules change over time, so confirm the current schedule on the USCIS website before filing.
Will he need to attend an interview?
Not always. USCIS sometimes waives interviews for refugee adjustment cases, but it has discretion to require one, so he should be prepared either way.
Can he travel while the I-485 is pending?
Possibly, but he generally should not travel without a refugee travel document or advance parole where required, since a refugee's home-country passport is not always usable for return. His immigration attorney can confirm exactly what he needs before any international trip.
