The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status.
(a) Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207, whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without regard to paragraphs (4), (5), and (7)(A) of section 212(a) of the Act.
(2) Every alien processed by the Immigration and Naturalization Service abroad and paroled into the United States as a refugee after April 1, 1980, and before May 18, 1980, shall be considered as having entered the United States as a refugee under section 207(a) of the Act.
(b) Application. Upon admission to the United States, every refugee entrant will be notified of the requirement to submit an application for permanent residence one year after entry. An application for the benefits of section 209(a) of the Act must be submitted along with the biometrics required by 8 CFR 103.16 and in accordance with the applicable form instructions.
(c) Medical examination. A refugee seeking adjustment of status under section 209(a) of the Act is not required to repeat the medical examination performed under § 207.2(c), unless there were medical grounds of inadmissibility applicable at the time of admission. The refugee is, however, required to establish compliance with the vaccination requirements described under section 212(a)(1)(A)(ii) of the Act.
(d) Interview. USCIS will determine, on a case-by-case basis, whether an interview by an immigration officer is necessary to determine the applicant's admissibility for permanent resident status under this part.
(e) Decision. USCIS will notify the applicant in writing of the decision on his or her application. There is no appeal of a denial, but USCIS will notify an applicant of the right to renew the request for permanent residence in removal proceedings under section 240 of the Act. If the applicant is found to be admissible for permanent residence under section 209(a) of the Act, USCIS will approve the application, admit the applicant for lawful permanent residence as of the date of the alien's arrival in the United States, and issue proof of such status.
(f) Inadmissible Alien. An applicant who is inadmissible to the United States as described in 8 CFR 209.1(a)(1), may, under section 209(c) of the Act, have the grounds of inadmissibility waived by USCIS except for those grounds under sections 212(a)(2)(C) and 212(a)(3)(A), (B), (C), or (E) of the Act for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. An application for the waiver may be requested with the application for adjustment, in accordance with the form instructions.
[63 FR 30109, June 3, 1998, as amended at 76 FR 53785, Aug. 29, 2011]
Notes of Decisions
Dep't of Homeland Sec. v. Regents of Univ. of Cal., 140 S. Ct. 1891 (2020).
“Refugees and asylees also may receive lawful permanent residence under certain conditions, § 1159; 8 CFR §§ 209.1 , 209.2. 4 As with temporary lawful presence, each avenue to lawful permanent residence status has its own set of rules and exceptions.”
H-n, 22 I. & N. Dec. 1039 (BIA 1999).
· cites it 17× “According to the Service, the authority to adjudicate an application for a waiver and for adjustment of status is specifically delineated in section 209 of the Act and 8 C.F.R. § 209.1 (1998), and this jurisdiction belongs to the Service.”
Smriko, 23 I. & N. Dec. 836 (BIA 2005).
· cites it 4× “” 8 C.F.R. § 209.1 (2005). It further directs that every such alien whose status has not been terminated must apply within 1 year after entry for a determination of admissibility under section 212 of the Act.”
Jean, 23 I. & N. Dec. 373 (BIA 2002).
· cites it 2× “See 8 C.F.R. § 209.1 (2002) (“The provisions of this section [implementing section 209 of the INA] shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the [INA] whose application is based on his or her refugee status.”
Kaplan v. Chertoff, 481 F. Supp. 2d 370 (E.D. Pa. 2007).
· cites it 2× “8 C.F.R. § 209.1 (a)(1). Asy-lees may apply for LPR status one year after a final grant of asylum status.”
Estrada v. Becker, 917 F.3d 1298 (11th Cir. 2019).
“that they are in the U.S. for other than a temporary purpose and intend to become a citizen or permanent resident.”
Nadeem Ali v. Loretta Lynch, 814 F.3d 306 (5th Cir. 2016).
“Additionally, as recognized by the BIA in Smriko , § 1159(a) and its implementing regulation, 8 C.F.R. § 209.1 , require aliens admitted as refugees to apply for adjustment to LPR status after being present in the United States for one year.”
Maiwand v. Gonzales, 501 F.3d 101 (2d Cir. 2007).
“§§ 1159 , 1229a; 8 C.F.R. § 209.1 ). The BIA reasoned that “[i]f conditional admission as a refugee does not immunize an alien from' the general grounds of admissibility, it follows that a refugee admitted as a lawful permanent resident .”
Garcia-alzugaray, 19 I. & N. Dec. 407 (BIA 1986).
· cites it 2× “The regulation at 8 C.F.R. § 209.1 (a)(1) (1986) provides: Every alien in the United States as a refugee under section 207 of this chapter whose status has not been terminated, is required to appear before an immigra- tion officer one year after entry to determine his/her…”
Campbell v. Chadbourne, 505 F. Supp. 2d 191 (D. Mass. 2007).
· cites it 2× “This was in accordance with immigration regulations which provide in relevant part: (1) Every alien in the United States who is classified as a refugee under part 207 of this chapter, whose status has not been terminated, is required to apply to the Service 1 year after entry in…”
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