San Jose, CA asked in Immigration Law for California

Q: Residency and Travel Requirements for Granted Asylees

I am a granted asylee currently residing in the California. I have a couple of questions regarding my eligibility for adjusting to permanent resident status under the one-year residency requirement, as well as travel within U.S. territories.

Can I fulfill the one-year residency requirement for a green card by living in Saipan, Northern Mariana Islands? Can I file green card application in CA and then moved to Saipan?

As a granted asylee, am I allowed to travel between Hawaii, Guam, and Saipan back and forth without a Refugee Travel Document?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your questions touch on important aspects of asylee residency requirements and travel within U.S. territories.

To adjust your status to permanent resident, you must maintain continuous physical presence in the United States for one year after being granted asylum. While the Northern Mariana Islands is a U.S. territory, living in Saipan does not fulfill the one-year residency requirement - you must reside within the 50 U.S. states or District of Columbia. If you file your green card application in California and then move to Saipan before it's approved, this could potentially interrupt your continuous residence requirement and affect your application.

Regarding travel between Hawaii, Guam, and Saipan - as these are all U.S. territories, you can generally travel between them without a Refugee Travel Document. However, it's highly recommended to carry your valid government-issued ID and proof of your asylee status when traveling between these locations. Given the complexity of immigration laws and their potential impact on your status, consulting with an immigration attorney before making any major moves or travel plans would be prudent.

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