"Qualified Aliens" who are exempt from the 5-year bar

Some categories of “Qualified Aliens” are exempt from the 5-year bar, including:

Refugees,

Asylees,

Individuals with Withholding of Deportation/Removal,

Cuban/Haitian entrants,

Special Immigrants from Iraq and Afghanistan, and

Amerasian lawful permanent residents.

A person from the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands living in the United States in accordance with the Compacts of Free Association.

“Qualified Aliens” who are exempt from the 5-year bar remain exempt after they have adjusted to lawful permanent residence and have received a green card. The code on their green card will indicate what provision of law they came to the U.S. under.

Example

A refugee came to the U.S. on September 1, 2011. One year after coming to the U.S., he adjusted to lawful permanent residence. His green card will be dated September 1, 2011 and have code “RE-6” to indicate that he was admitted as a refugee (see the NILC Guide in Appendix II ). He is exempt from the 5-year bar.