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DECEMBER 2021 CUT-OFF FOR LIBERIAN REFUGEE IMMIGRATION FAIRNESS APPLICANTS

Form I-485, Application to Register Permanent Residence or Adjust Status with U.S. Citizenship and Immigration Services must be filed on or before December 20, 2020

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The Facts You Need to Know About The Liberian Refugee Immigration Fairness (LRIF) Provision

What is Liberian Refugee Immigration Fairness Provision?

Tucked into the National Defense Authorization Act for Fiscal Year 2020, enacted by Congress on Dec. 20, 2019, was the Liberian Refugee Immigration Fairness (LRIF) provision. This provision allows certain Liberians, and their qualifying family members, to apply for lawful permanent residence (i.e. a green card). The catch is you must file your Form I-485, Application to Register Permanent Residence or Adjust Status with U.S. Citizenship and Immigration Services (USCIS) on or before December 20, 2021.


Am I eligible to adjust status under LRIF?

To apply for lawful permanent residence under LRIF, you must meet the following requirements:

  •  
  • Be a national of Liberia;
  • Show continuous physical presence in the United States from Nov. 20, 2014 through the date you file your application for adjustment of status (i.e. your Form I-485) with USCIS;
  • Be admissible to the United States (or eligible for an inadmissibility waiver or other form of relief), with the exception of the following four inadmissibility grounds which do not apply;
    • Public charge grounds under INA 212(a)(4) ;
    • Labor certification requirements under INA 212(a)(5) ;
    • Requirement to have been admitted or paroled into the United States under INA 212(a)(6)(A) ; and
    • Documentation requirements under INA 212(a)(7)(A) ;
  • Have not been convicted of an aggravated felony;
  • Have not been convicted of two or more crimes involving moral turpitude (other than a purely political offense);
  • Have not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and
  • File your Form I-485 with USCIS on or before December 20, 2020.
FREQUENTLY ASKED QUESTIONS

 

Which of my family members qualify to seek adjustment of status under LRIF? 

Your spouse, unmarried children under 21 years old, and unmarried sons and daughters over 21 years of age living in the United States may also apply to adjust their status to lawful permanent resident. The qualifying relationship must exist at the time your family member files for adjustment and at the time his/her adjustment application is adjudicated.


How can I prove continuous physical presence since November 20, 2014? 

You, not your qualifying family members, are required to show continuous physical presence in the United States from November 20, 2014 through the date your Form I-485 is filed with USCIS. Types of evidence that may be submitted to show continuous physical presence, include, but are not limited to, the following: passport pages showing visa, admission, or parole stamps; Form I-94 arrival/departure records; income tax returns; utility bills; mortgages, deeds, or leases; insurance premiums and policies; birth, marriage, and death certificates for immediate family members; medical records; bank records; school records; receipts that contain identifying information about the applicant; census records; Social Security records; employment records; military or draft records; car registrations; and union membership records. You must also document all absences from the United States during the continuous residence period.


What evidence can I submit to prove my Liberian nationality? 

You, not qualifying family members, must submit evidence of Liberian nationality. You can submit an unexpired Liberian passport or a Liberian certificate of naturalization to establish nationality. However, other evidence may be acceptable.


Am I eligible to adjust status under LRIF if I entered without inspection? 

You are exempt from inadmissibility under INA § 212(a)(6)(A) (the ground that applies to noncitizens present without admission or parole). This means that if you entered the United States without inspection you may still qualify for adjustment of status under LRIF. A waiver of inadmissibility is not needed.


Can I adjust my status if I have worked without authorization? 

The bar to adjusting status in the United States based on having worked unlawfully comes from INA § 245(c) and only applies to individuals seeking to adjust under INA § 245(a) who are not immediate relatives or otherwise exempt. When applying for adjustment of status under LRIF, you are applying under an entirely separate law, which does not contain any reference to unauthorized employment as a disqualifying ground.


What if I am in removal proceedings or have a final order of removal? 

USCIS has exclusive jurisdiction over LRIF adjustment applications. In other words, you may apply for adjustment of status under LRIF even if you are currently in removal proceedings or have an outstanding removal order.


When would I be eligible to apply for naturalization if I receive permanent residence under LRIF? 

You may be able to apply for naturalization immediately after becoming a lawful permanent resident. Your permanent residence since date will be backdated to either your earliest arrival date in the United States from which you established residence or November 20, 2014. Your eligible family member’s date of admission as a lawful permanent resident will be their earliest arrival date in the United States from which he/she established residence or the date the adjustment application was received by USCIS.

 

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