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• COFA citizens who adjust to Lawful Permanent Resident (LPR) status must meet all other eligibility requirements including the 5-year waiting period (if applicable) under 8 U.S.C. § 1613 (a). The 5-year waiting period for COFA citizens who adjust to LPR status prior to December 27, 2020 begins the date adjustment to LPR status was granted. The 5-year waiting period for COFA citizens who adjust to LPR status on or after December 27, 2020, is the date of entry or December 27, 2020, whichever is earlier.

Calculation of 5-year waiting period

2402.20.45 VETERAN OR ACTIVE-DUTY MEMBER OF THE ARMED FORCES As explained in the previous sections, immigrants with certain USCIS classifications who would otherwise be subject to assistance limitations can be eligible if they are veterans, are on active duty in the military, have served minimum active-duty service requirements, or are spouses or dependent children of veterans or military personnel who die during active military duty. The exemption for veterans also applies to individuals who served in the Philippine Commonwealth Army during World War II or as Philippine Scouts following the war. An eligible veteran is a person who served in the active U.S. military, naval, or air service, and was released with a discharge characterized as honorable and not on account of alienage. Veterans should have received a full copy of DD Form 214 (Certificate of Release of Discharge from Active Duty) that contains the necessary information. An honorable discharge is denoted by the entry of "Honorable" in the "Character of Service" block of DD Form 214.

If the evidence characterizes the discharge as anything other than "Honorable", such as "Under Honorable Conditions", the individual and family members cannot be determined eligible based on the veteran exception. Eligibility based on veteran status cannot be established if the reason Example 1: COFA citizens living in U.S. since January 1, 2020, who adjust to LPR status on March 1, 2020, would have a 5-year waiting period beginning status adjustment date (i.e., until March 1, 2025). Example 2: COFA citizens living in U.S. since January 1, 2019, who adjust to LPR status on January 1, 2025, would have one year remaining of the 5-year waiting period (i.e., until December 27, 2025). Example 3: COFA citizens living in the U.S since January 1, 2021, who adjust to LPR status January 1, 2025, have under one year remaining of the 5-year waiting period (i.e., January 1, 2026).