Volume 1 - General Policies and Procedures
Resources
13 U.S.C. 8 - Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received
29 U.S.C. 701 - Rehabilitation Act
44 CFR 206, Subpart B - The Declaration Process
44 U.S.C. 31 - Federal Records Act of 1950, as amended - Records management by federal agencies
5 U.S.C. 552 - Freedom of Information Act - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. 552a - Privacy Act of 1974, as amended - Records maintained on individuals
5 U.S.C. 552a(b) - Conditions of disclosure
8 CFR 1.2 - Definitions
8 CFR 1003.24(d) - Fee Waivers
8 CFR 103.16 - Collection, use and storage of biometric information
8 CFR 103.2 - Submission and adjudication of benefit requests
8 CFR 103.2(a)(1) - Preparation and submission
8 CFR 103.2(a)(7)(ii)(D) - Benefit requests submitted
8 CFR 103.2(b) - Evidence and processing
8 CFR 103.7 - Fees
8 CFR 103.7(a) - DOJ fees
8 CFR 103.7(c) – Remittances
8 CFR 103.7(c)(2) - Waiver of fees
8 CFR 103.7(d) - Non-USCIS DHS immigration fees
8 CFR 103.7(d) - Non-USCIS DHS immigration fees
8 CFR 103.8 - Service of decisions and other notices
8 CFR 106.1 - Fee requirements
8 CFR 106.2 - Fees
8 CFR 106.3 - Fee waivers and exemptions
8 CFR 1103.7 - Fees
8 CFR 208.6 - Disclosure to third parties
8 CFR 212.7(e) - Provisional unlawful presence waivers of inadmissibility
8 CFR 214.2(e)(23) - Special procedures for classifying foreign investors in the Commonwealth of Northern Mariana Islands (CNMI) as E-2 nonimmigrant treaty investors under title VII of the Consolidated Natural Resources Act of 2008
8 CFR 244.16 - Confidentiality in temporary protected status for nationals of designated states cases
8 CFR 245.15 - Adjustment of status of certain Haitian nationals under the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA)
8 CFR 245a.2 - Application for temporary residence
8 CFR 245a.21 - Confidentiality in Legal Immigration Family Equity (LIFE) Act cases
8 CFR 245a.3 - Application for adjustment from temporary to permanent resident status
8 CFR 265.1 - Reporting change of address
8 U.S.C. 1367 - Penalties for disclosure of information
8 U.S.C. 1641 - Restrictions on public assistance
Delegation of Authority 0150.1 - Delegation to the Bureau of Citizenship and Immigration Services
INA 101(i)(1) - Referral to nongovernmental organization
INA 105 - Liaison with internal security officers
INA 204(a) - Procedure for granting immigrant status; petitioning procedure
INA 245A(c)(4) - Limitation on access to information
INA 265 - Notices of change of address
INA 286(m) - Immigration examinations fee account
INA 291 - Burden of proof upon alien
Pub. L. 101-649 (PDF) - Section 153 of the Immigration Act of 1990 (IMMACT 90) - Special immigrant status for certain aliens declared dependent on a juvenile court
Pub. L. 107-296 (PDF) - Homeland Security Act of 2002
Appendices
| Category and Definition | Examples and Contact Information |
|---|---|
Complaint Any communication received by USCIS expressing dissatisfaction with USCIS. Complaints can be categorized as either “case-specific” or “non-case-specific.”[1] Case-specific complaints directly relate to cases processed by USCIS. Non-case-specific complaints refer to any dissatisfaction with USCIS that does not relate to a specific case. | Case-Specific Complaints
Non-Case-Specific Complaints
Contact Information USCIS offices, in-person or by mail. See Find a USCIS Office page on the USCIS website. USCIS Contact Center |
Misconduct Actions of a USCIS employee or contractor that can be considered extreme or outrageous, including, but not limited to, criminal activity.[2] |
Contact Information DHS Office of Inspector General (OIG) Mail: DHS, OIG/MAIL STOP 0305 USCIS Office of Security and Integrity (OI) Mail: Office of Investigations |
Footnotes
[^ 1] See Volume 1, Public Services, Chapter 9, Feedback, Complaints, Misconduct, and Discrimination [1 USCIS-PM A.9].
[^ 2] See Volume 1, Public Services, Chapter 9, Feedback, Complaints, Misconduct, and Discrimination [1 USCIS-PM A.9].
Healthcare Certification[1]
[Date]
To Whom It May Concern:
I am a licensed [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist], and I have treated or evaluated [patient’s name] in relation to [patient’s name]’s gender identity. In my professional opinion, [patient’s name]’s gender identity is consistent with a designation of [male or female].
Patient’s Information:
Full Name:
Date of Birth:
Healthcare Professional’s Information:
Full Name:
Organization (if any):
Address:
Phone Number:
License Type: [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist]
License Number:
Issuing State, Country, or other Jurisdiction of License:
Sincerely,
[Healthcare Professional’s Signature]
[Healthcare Professional’s Printed Name]
Footnote
[^ 1] This format and language is one example of an acceptable healthcare certification letter; officers should accept other language and formats as long as they satisfy the requirements set out in the instructions to the Application for Replacement Naturalization/Citizenship Document (Form N-565).
A. Background and Interpretation Change
Applicants for and recipients of immigration relief under the Violence Against Women Act of 1994 (VAWA)[1]and the Victims of Trafficking and Violence Protection Act of 2000[2] are entitled to special protections with regard to privacy and confidentiality and adverse determinations of inadmissibility and deportability.[3]
The governing statute prohibits the unauthorized disclosure of information about requestors and recipients of VAWA, T nonimmigrant, and U nonimmigrant-related benefit requests to anyone other than an officer or employee of DHS, the U.S. Department of Justice, or the U.S. Department of State who has a need to know.[4] USCIS also extends the provisions of 8 U.S.C. 1367 to abused spouses of certain persons applying for employment authorization under the Immigration and Nationality Act (INA).[5]
Under prior practice, USCIS applied the 8 U.S.C. 1367 protections indefinitely. This has meant that USCIS maintained these protections even after naturalization.
These protections offer important safeguards: an unauthorized disclosure of information that relates to a protected person can have significant consequences. However, the protections under 8 U.S.C. 1367 can pose barriers to accessing USCIS customer service tools and electronic benefit processing after naturalization because of identity verification requirements.[6]
8 U.S.C. 1367 was designed to “ensure that abusers and criminals cannot use the immigration system against their victims,” such as by obtaining information about the existence of immigration benefit requests, “interfering with or undermining their victims’ immigration cases,” or “encouraging immigration enforcement officers to pursue removal actions against their victims.”[7]
After naturalization, the concerns underlying the creation of 8 U.S.C. 1367 become less relevant and necessary as a safety mechanism: naturalized citizens are no longer subject to removal and can travel and work without seeking permission from USCIS. However, because USCIS continued to apply the 8 U.S.C. 1367 protections after naturalization, naturalized citizens who needed to interface with USCIS continued to face limitations in accessing USCIS’ telephonic and electronic customer service tools.
8 U.S.C. 1367 protects “any information which relates to an alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section 240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)].”[8] “Alien” is defined at INA 101(a)(3) as “any person not a citizen or national of the United States.”
Upon naturalization, persons protected by 8 U.S.C. 1367 become citizens and are no longer aliens; therefore, the use of the term “alien” at 8 U.S.C. 1367 authorizes USCIS to terminate these protections at naturalization. In addition, the regulations at 8 CFR 214.14(e)(1) (relating to disclosure protections for U nonimmigrants) and 8 CFR 211.1(p)(1) (relating to T nonimmigrants) apply protections to a “beneficiary of a pending or approved petition for U [or T] nonimmigrant status,” which can reasonably be understood to refer to beneficiaries up to, but not including, naturalized citizens.
By interpreting the protections under 8 U.S.C. 1367 to terminate at naturalization, USCIS continues to comply with the statutory confidentiality protections for noncitizens but reduces the burden and inefficiencies for naturalized citizens.
B. Administrative Procedure Act Considerations
The Administrative Procedure Act excepts interpretive rules; general statements of policy; and rules of agency organization, procedure, or practice from notice and comment requirements.[9]
On June 12, 2024, USCIS updated the Policy Manual to notify the public of its interpretation of “alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section 240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)]” at 8 U.S.C. 1367 and explain that it is changing its policy to no longer apply the protections under that section to all previously protected naturalized citizens, including those who naturalized prior to the effective date of this policy, as a result of this interpretation.[10]
USCIS’ interpretation is reasonable because “alien” is defined at INA 101(a)(3) as “any person not a citizen or national of the United States.” USCIS interprets the protections at 8 U.S.C. 1367 to terminate upon naturalization because the formerly protected persons are no longer aliens, as defined by statute. This interpretation is based on the plain language of 8 U.S.C. 1367 and INA 101(a)(3) and is consistent with the legislative intent of 8 U.S.C. 1367.[11]
The Policy Manual guidance explains and provides clarification to officers but does not add to or subtract from the statutory protections or the substantive regulations, create legally binding rights or obligations, or change the substantive standards by which USCIS evaluates applications for immigration benefit requests.
Unfair Surprise and Reliance Interest
Changes in an agency’s interpretation of a statute do not trigger notice and comment rulemaking unless the change amounts to an imposition of new rights, duties, or obligations on the affected public, or the change conflicts with another rule having the force of law.[12] Likewise, an agency can change its interpretation of a regulation at different times in its history as long as the interpretative changes create no unfair surprise.[13]
Here, USCIS is reducing the barriers to the affected public after having received consistent feedback from stakeholders who have been unable to get meaningful customer service assistance because of protections lingering beyond naturalization. This interpretive change promotes equitable and efficient processing for all naturalized citizens, regardless of whether they were previously subject to 8 U.S.C. 1367.
USCIS recognizes that this is a change in long-standing practice and accordingly considered serious reliance interests that may be engendered by the practices of USCIS officers before this interpretation. USCIS also considered the possible unfair surprise for those previously protected naturalized citizens.
USCIS acknowledges that persons protected by 8 U.S.C. 1367 had protections continuing after naturalization that prohibited sharing any information about them unless certain requirements were met. However, USCIS ultimately determined that termination of the additional stringent requirements of protecting confidentiality does not place naturalized citizens at greater risk. The standard protocols the agency has in place to protect all information from unauthorized disclosure, in addition to the relevant privacy laws, remain in effect. USCIS does not release personal identifying information without an authorized purpose and proper verification.
Additionally, USCIS maintains the ability to re-apply the protections, should questions arise regarding citizenship eligibility. Further, a naturalized U.S. citizen’s derivative beneficiaries remain protected by statute until the individual beneficiary becomes a naturalized U.S. citizen.
USCIS believes the overall benefits of this interpretive change outweigh any potential adverse impacts and are aligned with the plain language of the statute. Naturalized citizens will be able to utilize USCIS’ customer service and electronic benefits processing tools more effectively and will remain protected from unauthorized disclosures of personal identifying information under existing privacy laws.
Implementation
USCIS delayed implementation of this policy until 30 days after publication. Upon implementation, USCIS stopped applying the 8 U.S.C. 1367 protections to all naturalized citizens, including those who previously naturalized and those who naturalize on or after the effective date of this policy. Interested parties may provide feedback on the policy, as is generally provided for Policy Manual publications.
Footnotes
[^ 1] See Pub. L. 103-322 (PDF)(September 13, 1994).
[^ 2] See Pub. L. 106-386 (PDF) (October 28, 2000).
[^ 3] See 8 U.S.C. 1367.
[^ 4] See 8 U.S.C. 1367(a)(2).
[^ 5] See Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants, PM-602-0130, issued March 8, 2016. Abused spouses of certain nonimmigrants may apply for employment authorization by filing an Application for Employment Authorization for Abused Nonimmigrant Spouse (Form I-765V).
[^ 6] See Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 7, Privacy and Confidentiality, Section E, VAWA, T, and U Cases [1 USCIS-PM A.7].
[^ 7] See H.R. Rep. 109-233 (PDF), p. 120 (2005).
[^ 8] See 8 U.S.C. 1367(a)(2).
[^ 9] See 5 U.S.C. 553(b)(A).
[^ 10] See Customer Service and Interpretation of 8 U.S.C. 1367 Confidentiality Protections for U.S. Citizens, PA-2024-15, issued June 12, 2024.
[^ 11] See H.R. Rep. 109-233 (PDF), p. 120 (2005). The House Judiciary Committee report accompanying VAWA 2005 characterized 8 U.S.C. 1367 as protecting victims of domestic violence from the disclosure of information to their abusers. The report adds that the VAWA 2000 and VAWA 2005 amendments extend protections to “victims of trafficking, certain crimes and others who qualify for VAWA immigration relief,” with the purpose of “[ensuring] that abusers and criminals cannot use the immigration system against their victims.”
[^ 12] See Nat’l Org. of Veterans’ Advocates, Inc. v. Sec’y of Veterans Affairs, 260 F.3d 1365, 1376 (Fed. Cir. 2001). See Warder v. Shalala, 149 F.3d 73, 81-82 (1st Cir. 1998). See White v. Shalala, 7 F.3d 296, 304 (2nd Cir. 1993).
[^ 13] See Long Island Care at Home Ltd. v. Coke, 551 U.S. 158, 170-71 (2007). See Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012).
Updates
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide comprehensive guidance on certain flexibilities USCIS may exercise during and after emergencies or unforeseen circumstances.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to align with current case assistance and feedback avenues.
1 USCIS-PM A.1 - Chapter 1 - Purpose and Background
1 USCIS-PM A.2 - Chapter 2 - Web-Based Information
1 USCIS-PM A.3 - Chapter 3 - Types of Assistance
1 USCIS-PM A.4 - Chapter 4 - Service Request Management Tool
1 USCIS-PM A.7 - Chapter 7 - Privacy and Confidentiality
1 USCIS-PM A.9 - Chapter 9 - Feedback, Complaints, Misconduct, and Discrimination
This technical update to Volumes 1, 3, 7, 11 and 12 of the Policy Manual updates the name of Form I-131 to align with the current edition of the form.
1 USCIS-PM A.5 - Chapter 5 - Expedite Requests
1 USCIS-PM A.7 - Chapter 7 - Privacy and Confidentiality
1 USCIS-PM B.1 - Chapter 1 - Purpose and Background
1 USCIS-PM B.3 - Chapter 3 - Fees
1 USCIS-PM B.4 - Chapter 4 - Fee Waivers and Fee Exemptions
1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis
3 USCIS-PM B.12 - Chapter 12 - Travel Outside the United States
3 USCIS-PM G.6 - Chapter 6 - Family Members
7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements
11 USCIS-PM A.3 - Chapter 3 - Reissuance of Secure Identity Documents
12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)
This technical update incorporates the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced June 12, 2024, that interprets the confidentiality protections under 8 U.S.C. 1367 as ending at naturalization. USCIS is making this change as the previous practice of maintaining 8 U.S.C. 1367 protections beyond naturalization created burdens for some naturalized U.S. citizens. This policy will result in naturalized citizens having full access to USCIS electronic benefit processing and critical customer service tools that are available to other U.S. citizens. This guidance became effective July 12, 2024.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address how officers determine a benefit requestor’s legal name.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the customer service options available to petitioners of Refugee/Asylee Relative Petition (Form I-730).
U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual that interprets the confidentiality protections under 8 U.S.C. 1367 as ending at naturalization. USCIS is making this change as the previous practice of maintaining 8 U.S.C. 1367 protections beyond naturalization created burdens for some naturalized U.S. citizens. This policy will result in naturalized citizens having full access to USCIS electronic benefit processing and critical customer service tools that are available to other U.S. citizens. This guidance becomes effective July 12, 2024.
U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to clarify the availability of an “X” gender marker option on certain USCIS forms and secure documents.
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
1 USCIS-PM B.1 - Chapter 1 - Purpose and Background
1 USCIS-PM B.3 - Chapter 3 - Fees
1 USCIS-PM B.4 - Chapter 4 - Fee Waivers and Fee Exemptions
1 USCIS-PM B.6 - Chapter 6 - Submitting Requests
2 USCIS-PM E.1 - Chapter 1 - Purpose and Background
2 USCIS-PM E.3 - Chapter 3 - Filing and Documentation
2 USCIS-PM J.7 - Chapter 7 - Admissions, Extensions of Stay, and Change of Status
2 USCIS-PM M.7 - Chapter 7 - Documentation and Evidence
2 USCIS-PM N.3 - Chapter 3 - Petitioners
5 USCIS-PM B.5 - Chapter 5 - Action on Pending or Approved Suitability Determinations
5 USCIS-PM C.7 - Chapter 7 - Documentation and Evidence
5 USCIS-PM C.8 - Chapter 8 - Adjudication
5 USCIS-PM D.4 - Chapter 4 - Eligibility Requirements Specific to Convention Adoptees
7 USCIS-PM A.3 - Chapter 3 - Filing Instructions
This technical update incorporates the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced April 11, 2023, on mailing address and case handling procedures for persons protected under 8 U.S.C. 1367. This guidance became effective March 29, 2024.
U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to provide guidance on customer service procedures for persons protected by the confidentiality provisions found at 8 U.S.C. 1367(a)(2).
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies and urgent humanitarian situations. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to further clarify its anti-discrimination policy pertaining to USCIS employees and contractors interacting directly or indirectly with members of the public.
U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual to further clarify existing policy on providing mobile biometrics collection services to benefit requestors residing in remote locations within the United States.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address procedures related to biometric services appointments at an Application Support Center (ASC).
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to provide guidance on mailing address and case handling procedures for persons protected under 8 U.S.C. 1367. This guidance becomes effective July 11, 2023. Note: The effective date for this policy has changed to March 29, 2024.
U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to clarify that benefit requestors may select their gender on USCIS forms (or change a prior gender selection) without the need to provide supporting documentation. Documents issued by USCIS as a result of the benefit adjudication will reflect the gender selected by the benefit requestor.
1 USCIS-PM E.5 - Chapter 5 - Verification of Identifying Information
11 USCIS-PM A.2 - Chapter 2 - USCIS-Issued Secure Identity Documents
12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship
12 USCIS-PM K.3 - Chapter 3 - Certificate of Naturalization
12 USCIS-PM K.4 - Chapter 4 - Application for Replacement of Naturalization/Citizenship Document
U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual to address instances where the last day of filing a benefit request or response to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate, falls on a Saturday, Sunday, or federal holiday.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address mobile biometrics collection and the biometrics collection of benefit requestors in remote locations.
This technical update to Volume 1, General Policies and Procedures provides that anyone, including asylum and NACARA 203 applicants, may submit a disability accommodation request online.
This technical update to Volume 1, Part A, incorporates the new USCIS mission statement: USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding criteria used to determine whether a case warrants expedited treatment.
U.S. Citizenship and Immigration Services (USCIS) is incorporating and superseding existing guidance into the USCIS Policy Manual addressing topics in the context of general adjudications, including evidence, sworn statements, and adjudicative decisions.
U.S. Citizenship and Immigration Services (USCIS) is rescinding policy guidance in the USCIS Policy Manual on discretionary employment authorization for parolees.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding criteria used to determine whether a case warrants expedited treatment.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.
1 USCIS-PM A - Part A - Public Services
1 USCIS-PM B - Part B - Submission of Benefit Requests
2 USCIS-PM - Volume 2 - Nonimmigrants
7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures
7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment
7 USCIS-PM M - Part M - Asylee Adjustment
11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures
U.S. Citizenship and Immigration Services (USCIS) is consolidating existing policy guidance in the USCIS Policy Manual regarding the discretionary analysis required in the adjudication of certain benefit requests, including certain applications for employment authorization.
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 1, 3.4, 10.2, 10.3(a), 10.3(c), 10.3(e), 10.3(i), 10.4, 10.22, 11.1(c), 13, 14, 17, 23.8, 31.7, 33.10, 34.5, 35, 41.6, 42, 44, 56.1, 56.3, 56.4, 62, 81, 82, 83.1, 83.2, and 83.3 of the AFM, related appendices, and policy memoranda.
U.S. Citizenship and Immigration Services (USCIS) is incorporating general information on USCIS’ use of photographs as biometrics.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission of benefit requests to USCIS.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the availability of mobile biometrics services and clarify guidance on the validity period for fingerprint waivers.
This technical update incorporates into Volume 1 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced October 25, 2019, regarding submission and acceptance of fees for immigration benefit requests. USCIS published this guidance with an effective date of December 2, 2019. Note: On December 11, 2019, the Federal District Court for the Northern District of California in Seattle v. DHS enjoined the Department of Homeland Security from requiring use of the new version of Form I-912, Request for Fee Waiver. USCIS has noted this in the corresponding Policy Manual guidance and reinstated the prior fee waiver policy guidance at AFM 10.9 and 10.10.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission and acceptance of fees for immigration benefit requests, with an effective date of December 2, 2019. Note: On December 11, 2019, the Federal District Court for the Northern District of California in Seattle v. DHS enjoined the Department of Homeland Security from requiring use of the new version of Form I-912, Request for Fee Waiver. USCIS has noted this in the corresponding Policy Manual guidance and reinstated the prior fee waiver policy guidance at AFM 10.9 (PDF, 2.87 MB) and 10.10 (PDF, 2.87 MB).
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service.
Version History
No historical versions available.