C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 209—ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

8 C.F.R. § 209.2

Adjustment of status of alien granted asylum

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The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status.

(a) Eligibility. (1) Except as provided in paragraph (a)(2) or (a)(3) of this section, the status of any alien who has been granted asylum in the United States may be adjusted by USCIS to that of an alien lawfully admitted for permanent residence, provided the alien:

(i) Applies for such adjustment;

(ii) Has been physically present in the United States for at least one year after having been granted asylum;

(iii) Continues to be a refugee within the meaning of section 101(a)(42) of the Act, or is the spouse or child of a refugee;

(iv) Has not been firmly resettled in any foreign country; and

(v) Is admissible to the United States as an immigrant under the Act at the time of examination for adjustment without regard to paragraphs (4), (5)(A), (5)(B), and (7)(A)(i) of section 212(a) of the Act, and (vi) has a refugee number available under section 207(a) of the Act.

(2) An alien, who was granted asylum in the United States prior to November 29, 1990 (regardless of whether or not such asylum has been terminated under section 208(b) of the Act), and is no longer a refugee due to a change in circumstances in the foreign state where he or she feared persecution, may also have his or her status adjusted by USCIS to that of an alien lawfully admitted for permanent residence even if he or she is no longer able to demonstrate that he or she continues to be a refugee within the meaning of section 10l(a)(42) of the Act, or to be a spouse or child of such a refugee or to have been physically present in the United States for at least one year after being granted asylum, so long as he or she is able to meet the requirements noted in paragraphs (a)(1)(i), (iv), and (v) of this section.

(3) No alien arriving in or physically present in the Commonwealth of the Northern Mariana Islands may apply to adjust status under section 209(b) of the Act in the Commonwealth of the Northern Mariana Islands prior to January 1, 2030.

(b) Inadmissible alien. An applicant who is not admissible to the United States as described in 8 CFR 209.2(a)(1)(v), 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. An applicant for adjustment under this part who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement if otherwise eligible for adjustment.

(c) Application. An application for the benefits of section 209(b) of the Act may be filed in accordance with the form instructions. If an alien has been placed in removal, deportation, or exclusion proceedings, the application can be filed and considered only in proceedings under section 240 of the Act.

(d) Medical examination. For an alien seeking adjustment of status under section 209(b) of the Act, the alien shall submit a medical examination to determine whether any grounds of inadmissibility described under section 212(a)(1)(A) of the Act apply. The asylee is also required to establish compliance with the vaccination requirements described under section 212(a)(1)(A)(ii) of the Act.

(e) 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.

(f) 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 in removal proceedings under section 240 of the Act. If the application is approved, USCIS will record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section.

[46 FR 45119, Sept. 10, 1981, as amended at 56 FR 26898, June 12, 1991; 57 FR 42883, Sept. 17, 1992; 63 FR 30109, June 3, 1998; 74 FR 55737, Oct. 28, 2009; 76 FR 53785, Aug. 29, 2011; 85 FR 29310, May 14, 2020]
Notes of Decisions
Cited in 46 cases (9 in the last 5 years), 1984–2026 · leading case: Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020).
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Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020). · cites it 3× “11 (a)(1)–(2), and that authority is exclusive, see 8 C.F.R. §§ 209.2 (c), 1209.2(c). On the other hand, an IJ in asylum-only proceedings is prohibited from considering requests for an adjustment of status.”
Yuen Jin v. Mukasey, 538 F.3d 143 (2d Cir. 2008). · cites it 2× “See 8 C.F.R. § 209.2 (a)(1)(v) (providing that an alien who has been granted asylum may not adjust his status unless he is admissible to the United States).”
Qiu v. Chertoff, 486 F. Supp. 2d 412 (D.N.J. 2007). · cites it 4× “4 Some of these courts have pointed to the language of 8 C.F.R. § 209.2 (f) as the source of Defendants’ non-discretionary duty.”
Singh v. Still, 470 F. Supp. 2d 1064 (N.D. Cal. 2006). · cites it 2× “For example, with respect to the asylum-based application, 8 C.F.R. § 209.2 (f) provides that "[t]he applicant shall be notified of the decision, and if the application is denied, of the reasons for denial.”
Viracacha v. Mukasey, 518 F.3d 511 (7th Cir. 2008). “8 C.F.R. § 209.2 . Withholding of removal confers no such opportunity.”
Espectacion Bolanos-Hernandez v. Immigr. & Naturalization Serv., 767 F.2d 1277 (9th Cir. 1985). “, 8 C.F.R. § 209.2 (1984) (after one year, alien may apply for readjustment of status to permanent resident alien), the petitioner may wish to be granted asylum in addition to the § 243(h) relief.”
Alberto Damaize-Job v. Immigr. & Naturalization Serv., 787 F.2d 1332 (9th Cir. 1986). “, 8 C.F.R. § 209.2 (1984) (after one year, alien may apply for readjustment of status to permanent resident alien), Damaize may wish to be granted asylum in addition to being granted the section 243(h) relief.”
Bethney Lovo v. Loren Miller, 107 F. 4th 199 (4th Cir. 2024). “3d 1373 , 1380 2 Another regulation, 8 C.F.R. § 209.2 (f), which applies to adjustment of status for asylees, contained identical language.”
Kaplan v. Chertoff, 481 F. Supp. 2d 370 (E.D. Pa. 2007). · cites it 2× “8 C.F.R. § 209.2 (a)(l)(ii). Cuban and Haitian entrants may apply for LPR status after residing in the United States for one year as a parolee.”
Estrada v. Becker, 917 F.3d 1298 (11th Cir. 2019). “at 1-34; see also 8 C.F.R. § 209.2 (a)(1)(ii). These three groups have more permanent ties to the United States than DACA recipients, and it would be rational for the Regents to conclude refugees, parolees, and asylees are more likely to stay in Georgia after graduation.”
Mazharul Islam v. Sec'y, Dep't of Homeland Sec., 997 F.3d 1333 (11th Cir. 2021). “§ 1159 (b)(5); 8 C.F.R. § 209.2 (a)(1)(v).1 After he left Bangladesh, Mazharul Islam obtained asylum in the United States.”
Ngwanyia v. Ashcroft, 302 F. Supp. 2d 1076 (D. Minnesota 2004). · cites it 3× “Setting forth the “sole and exclusive procedure for adjustment of status by an asylee,” 8 C.F.R. § 209.2 merely requires that the asylee have “a refugee number available under [ 8 U.”
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— 8 C.F.R. § 209.2(b) — 1 case
Shaiban v. Koumans (W.D.N.C. 2021).
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