Is There a Different I-485 Fee for Refugees Versus Asylees?

Refugees applying for permanent residency via Form I-485 pay no fees, while asylees pay $1,440 or seek a waiver. Both groups must wait one year after status approval. Understanding fee differences is key for effective planning and smooth adjustment of status in the United States.

Key Takeaways

• Refugees applying for Form I-485 pay no filing or biometric fees, an automatic exemption by U.S. government policy.
• Asylees must pay $1,440 for Form I-485 but can request a fee waiver with Form I-912 for financial hardship.
• Both refugees and asylees must wait one year after status grant before applying for lawful permanent residence.

When people come to the United States 🇺🇸 as refugees or asylees, they often hope to build a new life and eventually become permanent residents. One of the most important steps in this journey is applying for a green card, which gives them lawful permanent resident status. The main form used for this process is Form I-485, Application to Register Permanent Residence or Adjust Status. However, the rules and costs for filing this form are different for refugees and asylees. Understanding these differences is important for anyone planning to adjust their status, as well as for legal advisors, community organizations, and families supporting them.

Below, you’ll find a clear explanation of what Form I-485 is, who qualifies as a refugee or asylee, the step-by-step process for applying, the costs involved, and what these rules mean for real people. This guide also covers the rights and pathways available, compares the experiences of refugees and asylees, and provides practical tips for applicants.

Is There a Different I-485 Fee for Refugees Versus Asylees?
Is There a Different I-485 Fee for Refugees Versus Asylees?

What Is Form I-485?

Form I-485 is the official application used by people in the United States 🇺🇸 to ask for a green card, which means becoming a lawful permanent resident. This form is used by many different groups, including family members of U.S. citizens, workers, refugees, and asylees. When someone “adjusts status,” it means they are changing from a temporary or protected status to permanent resident status without leaving the United States 🇺🇸.

You can find the official Form I-485 and instructions on the USCIS website.


Who Are Refugees and Asylees?

Before looking at the details of the process, it’s important to know the difference between refugees and asylees:

  • Refugees are people who were forced to leave their home country because of war, violence, or persecution. They are approved to come to the United States 🇺🇸 before they arrive, through a special process run by the U.S. government and international organizations. Once they arrive, they have refugee status.

  • Asylees are people who are already in the United States 🇺🇸 or arrive at the border and ask for protection because they fear harm in their home country. If the U.S. government agrees that they qualify, they are granted asylum and become asylees.

Both groups are protected under U.S. law, but their paths to permanent residency are a bit different.


Eligibility to File Form I-485

For Refugees

  • Must have been admitted to the United States 🇺🇸 as a refugee.
  • Must have been physically present in the United States 🇺🇸 for at least one year after arrival.
  • Must not have had their refugee status terminated.
  • Must still be admissible to the United States 🇺🇸 (not barred for criminal or security reasons).

For Asylees

  • Must have been granted asylum in the United States 🇺🇸.
  • Must have been physically present in the United States 🇺🇸 for at least one year after being granted asylum.
  • Must not have had their asylum status terminated.
  • Must still be admissible to the United States 🇺🇸.

Step-by-Step Process for Adjusting Status

1. Confirm Eligibility

Both refugees and asylees must wait at least one year after being granted their status before applying for a green card. This waiting period is required by law.

2. Gather Documents

Applicants need to collect documents that prove their identity, their refugee or asylee status, and their time in the United States 🇺🇸. Common documents include:

  • Proof of refugee or asylee status (such as approval notice)
  • Passport-style photos
  • Birth certificate (if available)
  • Evidence of physical presence in the United States 🇺🇸 for one year

3. Complete Form I-485

Fill out Form I-485 carefully. Refugees and asylees have special instructions on the form, so it’s important to read the directions for their category.

4. Pay the Fee or Request a Waiver

This is where the biggest difference between refugees and asylees appears:

  • Refugees: Do not have to pay the Form I-485 filing fee or the biometric services fee. This is an automatic exemption. Refugees can submit their application without any payment.
  • Asylees: Must pay the full Form I-485 filing fee, which is $1,440 as of April 1, 2024. This fee includes the biometric services fee. If an asylee cannot afford the fee, they can apply for a fee waiver by submitting Form I-912, Request for Fee Waiver with proof of financial hardship.

5. Submit the Application

Mail the completed Form I-485, supporting documents, and payment (or fee waiver request) to the correct USCIS address. The address depends on where you live and your category, so check the USCIS website for the latest information.

6. Attend Biometrics Appointment

USCIS will send a notice for a biometrics appointment, where they take fingerprints and photos. Refugees do not pay for this service, while asylees pay as part of their application fee unless their fee waiver is approved.

7. Wait for a Decision

USCIS reviews the application, may ask for more information, and eventually makes a decision. If approved, the applicant receives a green card.


Fee Structure: Refugees vs. Asylees

The fee rules for Form I-485 are a key difference between refugees and asylees. Here’s a simple breakdown:

Applicant Type I-485 Filing Fee Biometric Fee Fee Waiver Option Notes
Refugees $0 $0 Not applicable Automatic exemption for I-485 and biometrics
Asylees $1,440 Included Yes (Form I-912) Must pay fee unless granted waiver

Refugees: The U.S. government waives all fees for refugees applying for a green card. This policy is meant to remove financial barriers for people who have already faced hardship and are starting over in a new country.

Asylees: Asylees must pay the full fee unless they can prove they cannot afford it. The fee increased from $1,225 to $1,440 on April 1, 2024. Asylees can apply for a fee waiver, but approval is not automatic—they must show they meet the poverty guidelines or have another qualifying hardship.


Why Is There a Difference in Fees?

The difference in fees is based on long-standing U.S. policy. Refugees are given special protection and support because they are brought to the United States 🇺🇸 through government programs. The government recognizes that refugees often arrive with very little money or resources, so it removes as many barriers as possible to help them settle and become permanent residents.

Asylees also receive protection, but because they apply for asylum after arriving in the United States 🇺🇸 (often on their own), the government does not automatically waive their green card application fee. Instead, asylees must show they cannot pay if they want a waiver.

Legal experts and advocates have pointed out that both groups have faced serious hardship and should be treated equally. Some groups are pushing for changes to make the process easier for asylees, but as of now, the rules remain different.


Real-World Example: Refugee Family

A family from Syria is admitted to the United States 🇺🇸 as refugees. After living in the country for one year, they are eligible to apply for green cards. They gather their documents and fill out Form I-485 for each family member. Because they are refugees, they do not have to pay any fees. This makes it much easier for the whole family to apply at once, even if they have limited money.


Real-World Example: Asylee Individual

A woman from Venezuela is granted asylum after arriving in the United States 🇺🇸. She waits one year, then prepares to apply for a green card. She learns that she must pay $1,440 for her application. Because she is working a low-wage job and supporting her children, she cannot afford the fee. She fills out Form I-912, attaches proof of her income, and asks for a fee waiver. USCIS reviews her request and, if she meets the requirements, may approve the waiver so she can apply without paying.


Practical Implications for Applicants

For Refugees

  • No fees: Refugees can apply for green cards without worrying about the cost.
  • Easier process: No need to fill out extra forms for fee waivers.
  • Faster filing: No delays waiting for fee waiver decisions.

For Asylees

  • Must budget for fees: Asylees need to plan for the $1,440 fee or apply for a waiver.
  • Possible delays: If applying for a fee waiver, the process can take longer.
  • Extra paperwork: Asylees must gather proof of income or hardship for the fee waiver.

Rights and Pathways After Adjusting Status

Once refugees or asylees become lawful permanent residents, they have many of the same rights as other green card holders:

  • Can live and work anywhere in the United States 🇺🇸.
  • Can travel outside the country (with some restrictions).
  • Can apply for U.S. citizenship after five years as a permanent resident.
  • Can sponsor certain family members to come to the United States 🇺🇸.

However, it’s important to keep records and follow all laws, as breaking certain rules can lead to losing permanent resident status.


Comparing Refugees and Asylees: Key Points

  • Fee Exemption: Only refugees get an automatic fee exemption for Form I-485.
  • Fee Waiver: Asylees can apply for a waiver but must prove they qualify.
  • Application Process: Both groups use the same form and follow similar steps, but the cost and paperwork are different.
  • Policy Reasoning: The government’s goal is to help refugees settle quickly, while asylees must show need for extra help.

Recent Changes and Ongoing Discussions

As of June 2025, there have been no new changes to the fee rules for refugees and asylees. The fee increase for Form I-485, which took effect on April 1, 2024, remains in place. Advocates continue to ask for more support for asylees, including automatic fee waivers, but no new laws or policies have been announced.

According to analysis by VisaVerge.com, the current system reflects the U.S. government’s priorities but can create challenges for asylees who struggle to pay the high fees. Community groups and legal experts recommend that asylees prepare early and gather all needed documents if they plan to request a fee waiver.


Official Resources

For the most up-to-date information, always check official government sources:


Action Steps for Applicants

  1. Check your status: Make sure you qualify as a refugee or asylee and have been in the United States 🇺🇸 for at least one year.
  2. Gather documents: Collect proof of your status and time in the country.
  3. Download and fill out Form I-485: Use the official form and follow the instructions for your category.
  4. Plan for fees: If you are a refugee, you do not need to pay. If you are an asylee, decide if you can pay the fee or need to apply for a waiver.
  5. Submit your application: Send your completed form, documents, and payment (or fee waiver request) to USCIS.
  6. Attend your biometrics appointment: Watch for a notice from USCIS and go to your appointment.
  7. Wait for a decision: Be patient and respond quickly if USCIS asks for more information.

Conclusion

The process of adjusting status from refugee or asylee to permanent resident is a major step toward building a stable life in the United States 🇺🇸. While both groups use Form I-485, the rules about fees are very different. Refugees benefit from an automatic fee exemption, making it easier for them to apply. Asylees must pay the full fee unless they can show financial hardship and get a waiver. Understanding these differences helps applicants plan ahead, avoid delays, and take the right steps toward becoming permanent residents.

For more details and the latest updates, visit the USCIS Green Card for Refugees and Asylees page. Always use official sources and, if needed, ask for help from a trusted legal advisor or community group.

Learn Today

Form I-485 → Application form for adjusting status to lawful permanent resident within the United States.
Refugee → Person forced to flee home country, admitted to the U.S. under special protection before arrival.
Asylee → Person granted protection after arriving or present in the U.S., seeking asylum due to fear of harm.
Fee Waiver → USCIS form and process allowing eligible applicants to avoid paying certain immigration filing fees.
Biometrics Appointment → USCIS process to collect fingerprints and photos for identity verification during immigration applications.

This Article in a Nutshell

Adjusting status to permanent resident in the U.S. requires Form I-485. Refugees get fee exemptions, asylees pay $1,440 or request waivers. Understanding these differences helps applicants plan, avoid delays, and access their rights. Legal guidance and official USCIS resources support a successful green card application process for humanitarian immigrants.
— By VisaVerge.com

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Robert Pyne, a Professional Writer at VisaVerge.com, brings a wealth of knowledge and a unique storytelling ability to the team. Specializing in long-form articles and in-depth analyses, Robert's writing offers comprehensive insights into various aspects of immigration and global travel. His work not only informs but also engages readers, providing them with a deeper understanding of the topics that matter most in the world of travel and immigration.
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