Part A - Adjustment of Status Policies and Procedures
Resources
22 CFR 42.12 - Rules of chargeabiliity
8 CFR 1.2 - Definitions
8 CFR 103.2 - Submission and adjudication of benefit requests
8 CFR 103.7 - Fees
8 CFR 1245.2 - Application
8 CFR 204.12(f) - May a physician practice clinical medicine in a different underserved area?
8 CFR 204.5(e) - Retention of section 203(b)(1), (2), or (3) priority date
8 CFR 204.5(h) - Aliens with extraordinary ability
8 CFR 208.24 - Termination of Asylum
8 CFR 209.1(d) - Adjustment of status of refugees - Interview
8 CFR 209.2(e) - Adjustment of status of alien granted asylum - Interview
8 CFR 245.2(a) - Application for adjustment of status
8 CFR 245.23(e)(3) - Evidence relating to discretion for adjustment of status in T nonimmigrant classification
8 CFR 245.24(d)(11) - Evidence relating to discretion for adjustment of status in U nonimmigrant status
8 CFR 245.6 - Interviews for adjustment of status
9 FAM 502.1-1(C) - Principal and derivative beneficiaries
9 FAM 503.3-2 - Determining priority dates
INA 101(b)(1) - Definition of child
INA 101(g) - Definition of removal
INA 201(f) - Rules for determining whether certain aliens are immediate relatives
INA 203(b) - Preference allocation for employment-based immigrants
INA 203(h) - Rules for determining whether certain aliens are children
INA 204(j) - Job flexibility for long delayed applicants for adjustment of status to permanent residence
INA 204(l) - Surviving relative consideration for certain petitions and applications
INA 207(c)(2)(B) - Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse, or child
INA 208(b)(3)(B) - Continued classification of certain aliens as children
INA 209(a)(1) - Inspection and examination by Department of Homeland Security
INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission
INA 212(e) - Educational visitor status; foreign residence requirement and waiver
INA 213A, 8 CFR 213a - Requirements for sponsor's declaration of financial support
INA 214(l) - Restrictions on waiver
INA 245(a) - Adjustment of status
INA 245(c) - Bars to adjustment of status
INA 245(i), 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States
INA 245(k) - Inapplicability of certain provisions for certain employment-based immigrants
INA 291 - Burden of proof upon alien
Pub. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991
Pub. L. 107-208 (PDF) - Child Status Protection Act
Appendices
The INA 203(h) age calculation applies provided the applicant “sought to acquire” lawful permanent resident (LPR) status within 1 year of a visa becoming available. In Matter of O. Vazquez, the Board of Immigration Appeals (BIA) found that the term “sought to acquire” was ambiguous and that the noncitizen might also satisfy the provision “by showing that there are extraordinary circumstances in the case, particularly those where the failure to timely file was due to circumstances beyond their control.”[1]
However, neither Matter of O. Vasquez nor other authorities address how to treat the visa availability periods of less than 1 year that coincide with a noncitizen’s period of extraordinary circumstances for purposes of INA 203(h). In the absence of extraordinary circumstances, USCIS provides the applicant with another 1-year period to seek to acquire when the visa next becomes available again solely to ensure that the applicant has the benefit of the entire 1-year period afforded by Congress under INA 203(h).[2] Once the visa next becomes available, the applicant’s Child Status Protection Act (CSPA) age is calculated based on this next visa availability date.[3] USCIS has not previously issued policy guidance regarding extraordinary circumstances and the unavailability of a visa.
In accordance with Matter of O. Vazquez, if the applicant establishes that extraordinary circumstances prevented the potential applicant from timely filing an adjustment of status application or otherwise seeking to acquire LPR status when a visa is available for less than a year, then it is reasonable for the agency to find that the applicant satisfied the sought to acquire provision during that period. Because USCIS had not previously addressed the issue of extraordinary circumstances and failure to seek to acquire prior to unavailability, the foregoing policy is new guidance. Accordingly, USCIS is supplementing its interpretation here.
If USCIS were to account for extraordinary circumstances only during periods when the visa was available for a continuous 1-year period, but not during periods when the visa was available for less than 1 year, then USCIS would have to use the next visa availability date for purposes of an age calculation.[4] This would be the case even though it was beyond the control of the applicant to file earlier because of extraordinary circumstances. USCIS believes such an interpretation of the sought to acquire requirement, considering the statutory scheme limiting visa availability and the potential for visa retrogression in preference cases, does not comport with the interpretation of “sought to acquire” as provided in the BIA’s decision in Matter of O. Vazquez.
By issuing this guidance, USCIS is clarifying the interplay between the statutory scheme governing visa limitations and the BIA’s interpretation of “sought to acquire.” Through this guidance, USCIS provides new, clear instructions and ensures a uniform approach within the agency. The updated guidance, moreover, is consistent with the purpose of the CSPA, to protect certain beneficiaries from losing eligibility for immigrant visas due to aging out. USCIS also has considered the extent to which this policy update may adversely impact interested parties or upset reliance interests. Given that the guidance is a product of an interplay between statutory provisions governing visa limitation and binding BIA precedent, and the fact that USCIS previously did not have any guidance on the issue of a visa becoming unavailable during the first year of availability, the existence of extraordinary circumstances during the initial period of availability, and failure to seek to acquire during the initial period of availability, USCIS believes interested parties will have only developed serious reliance interests, if at all, based on the holding of Matter of O. Vazquez.
USCIS recognizes that given the visa allocation scheme provided by Congress, this new policy guidance means that some noncitizens may be eligible for CSPA benefits because they will be considered a child based on an earlier visa availability date, which in turn may cause other visa applicants to wait longer for an available visa. However, the current statutory scheme which permits certain individuals to be considered children for immigration purposes already results in other noncitizens having to wait longer for a visa to become available. Given that the updated guidance aims to ensures a uniform interpretation of law and provide guidance in an area that has not been expressly addressed, the implications of this guidance are generally likely to adversely affect the same proportion of individuals as those impacted by USCIS’ current implementation of CSPA. USCIS considers this impact to be outweighed by the benefits of avoiding family separation so that eligible noncitizens may adjust status with their parents. For these reasons, USCIS believes that, if there are any, reliance interests do not outweigh the benefits provided by this updated guidance.
Therefore, USCIS believes that Matter of O. Vazquez is best implemented by considering an applicant to satisfy the sought to acquire provision when the visa is available for less than 1 year if the noncitizen did not apply during that period but the period is covered by extraordinary circumstances.
Footnotes
[^ 1] See Matter of O. Vazquez (PDF), 25 I&N Dec. 817, 820 (BIA 2012) (“Moreover, an alien might satisfy the ‘sought to acquire’ provision by showing that there are other extraordinary circumstances in the case, particularly those where the failure to timely file was due to circumstances beyond the alien’s control.”).
[^ 2] See Matter of O. Vasquez (PDF), 25 I&N Dec. 817, 820 (BIA 2012) (the reference to one year in INA 203(h) is a “key phrase [of section 203(h)(1)(A)] establish[ing] the amount of time afforded to the noncitizen to take advantage of ‘age-out’ protection”).
[^ 3] See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section F, Family and Employment-Based Preference and Diversity Immigrants, Subsection 6, Visa Was Available but Becomes Unavailable Before an Application is Filed [7 USCIS-PM A.7(F)(6)].
[^ 4] See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section G, Sought to Acquire Requirement, Subsection 2, Visa Availability and the Sought to Acquire 1-Year Period [7 USCIS-PM A.7(G)(2)].
Updates
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how to calculate the Child Status Protection Act (CSPA) age for a noncitizen who demonstrates extraordinary circumstances that may excuse the sought to acquire requirement under the CSPA.
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
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations.
This technical update to Volume 7 removes an alert box that was superseded by the Policy Manual update on October 6, 2022. This technical update also removes “EB-4" from the title of Volume 7, Part F and makes related conforming edits.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age in certain situations.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022.
6 USCIS-PM G.1 - Chapter 1 - Purpose and Background
6 USCIS-PM G.2 - Chapter 2 - Immigrant Petition Eligibility Requirements
7 USCIS-PM A.3 - Chapter 3 - Filing Instructions
7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review
7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act
7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements
7 USCIS-PM B.8 - Chapter 8 - Inapplicability of Bars to Adjustment
U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to address the proper mechanism for authorizing travel by temporary protected status (TPS) beneficiaries, and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).
This technical update to Volume 7 removes specific information about where to submit requests to transfer the underlying basis of a pending adjustment application and instead points readers to the instructions for requesting a transfer of basis on the USCIS website.
This technical update to Volume 7 includes references to the EB-5 visa program and Form I-526, Immigrant Petition by Alien Investor, and clarifications regarding the Child Status Protection Act eligibility of derivative applicants of the VAWA-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.
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 updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment of status applicants.
U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA), to include how USCIS calculates age under certain contexts and what actions satisfy the “sought to acquire” requirement.
This technical update clarifies how applicants and petitioners may request relief under INA 204(l).
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
This technical update provides clarification on the 2-year foreign residence requirement for certain exchange visitors subject to INA 212(e).
This technical update removes references to Form I-508F, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. French nationals are covered by a special convention between France and the United States. Previously, French nationals were required to submit both Form I-508 and Form I-508F to USCIS. The 11/08/19 form edition combines information from both forms. Therefore, French nationals are now only required to submit Form I-508.
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 clarifies guidance within the USCIS Policy Manual on portability for physicians with an approved immigrant petition based on a national interest waiver (NIW) applying for adjustment of status, and the applicability of the 2-year foreign residence requirement of INA 212(e) to certain NIW physicians.
This technical update removes references to Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, which was discontinued by the Inadmissibility on Public Charge Grounds Rule and is no longer used by U.S. Citizenship and Immigration Services.
This technical update replaces instances of the term “entrepreneur” with “investor” throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule.
U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by temporary protected status beneficiaries who have final removal orders.
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective November 21, 2019. Note: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.
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
This technical update removes language that restricted USCIS officers’ ability to request a visa number from the Department of State in cases involving visa retrogression. As with all INA 245(a) adjustment cases, a visa must be available at the time of final adjudication.
This technical update clarifies that certain child beneficiaries of family-sponsored immigrant visa petitions who are ineligible for the Child Status Protection Act may continue their adjustment of status application if the petition is automatically converted to an eligible category.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA).
U.S. Citizenship and Immigration Services (USCIS) is updating guidance regarding adjustment of status interview guidelines and interview waivers.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).
Version History
No historical versions available.