When an Asylee or Refugee Can Apply for U.S. Citizenship

You may count at least one year of your time as a refugee or asylee toward your required five years of permanent residence for naturalization purposes.

By , J.D., University of Washington School of Law

Nearly everyone wishing to apply for U.S. citizenship (naturalization) must prove that they have had U.S. lawful permanent residence (a green card) for a minimum number of years. The required number is usually five. However, if you got your green card based on having had asylum or refugee status first, you will want to understand how your years as an asylee or refugee count toward those required five years; and the news is good, as this article will explain.

(For a review of the general eligibility requirements for U.S. citizenship, see Who Can Apply for U.S. Citizenship.)

"Rollback" Lets Asylees and Refugees Apply to Naturalize Sooner Than They Might Have Thought

Part of your time as an asylee or refugee can be counted as permanent residence, based on a concept known as "rollback." The result is that you might be able to apply to naturalize sooner than you thought. We'll explain the details below.

When Refugees Can Apply to Naturalize

If you were granted refugee status while in another country, and then entered the U.S. as a refugee, you can count your date of U.S. entry as the beginning of your permanent residence—assuming, of course, that you eventually succeeded in becoming a permanent resident. All your years as a refugee in the U.S. will count toward the required five years of permanent residence for naturalization eligibility purposes. (See the Code of Federal Regulations at 8 C.F.R. § 209.1(e).)

So, for instance, if you spend five years as a refugee living in the U.S. before finally getting around to applying for a green card (adjustment of status), you have fulfilled the five-year requirement already, and can apply for U.S. citizenship as soon as U.S. Citizenship and Immigration Services (USCIS) approves you for permanent residence.

(You should, however, apply for a green card one year after your date of entry as a refugee, as is required by law.)

When Asylees Can Apply to Naturalize

If you were granted asylum in the United States, a maximum of one year of your time in asylee status counts as permanent residence. If you waited longer than a year to apply for your green card (adjustment of status), that extra time will not do you any good—you will still need to wait another four years after your green card approval before applying for U.S. citizenship.

When LRIFA Beneficiaries Can Apply to Naturalize

Liberians who obtained green cards through the Liberian Refugee Immigration Fairness program (LRIF) will also benefit from rollback. Your green card will show the date that USCIS considers you to have become a U.S. permanent resident for citizenship purposes.

Don't Be Confused by the Date Shown on Your Green Card

In recognition of the rollback doctrine, USCIS will "back date" your green card—that is, actually put your date of U.S. entry (if you were a refugee) or the date one year before your green card approval (if you were an asylee) on your green card, in the space for the date you became a permanent resident. (See 8 C.F.R. § 209.2(f ).)

So, whatever you do, do not look at the date on your card and expect to be apply to apply for U.S. citizenship four years later. The date placed there should make it convenient for you to count forward the required five years before you submit an application for U.S. citizenship.

The 90-Day Early Application Rule for Naturalization

One more helpful bit of guidance, if you're eager to apply for U.S. citizenship: You can turn in your citizenship application (USCIS Form N-400) 90 days before your required years of permanent residence have passed. This 90-day period compensates for the fact that USCIS might not act on your application (call you in for a naturalization interview) for at least that amount of time.

Getting Additional Help

If you have any further questions about your eligibility for U.S. citizenship, see the How to Become a U.S. Citizen section of Nolo's website or consult an experienced immigration attorney.

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