Volume 7 - Adjustment of Status
Resources
18 U.S.C. 1015(f) - Naturalization, citizenship or alien registry
22 CFR 41.24 - International organization aliens
22 CFR 41.25 - NATO representatives, officials, and employees
22 CFR 42.12 - Rules of chargeabiliity
22 CFR 42.32(d)(2) - Certain U.S. government employees
22 CFR 42.32(d)(3) - Panama Canal employees
22 CFR 42.32(d)(5) - Certain international organization and NATO civilian employees
22 CFR 42.33 - Diversity immigrants
8 CFR 1.2 - Definitions
8 CFR 101.1 - Presumption of lawful admission
8 CFR 101.2 - Presumption of lawful admission; entry under erroneous name or other errors
8 CFR 101.3 - Creation of record of lawful permanent resident status for person born under diplomatic status in the United States
8 CFR 101.5 - Special immigrant status for certain G-4 nonimmigrants
8 CFR 103.2 - Submission and adjudication of benefit requests
8 CFR 103.3 - Denials, appeals, and precedent decisions
8 CFR 103.3(a) - Denials and appeals
8 CFR 103.5 - Reopening or reconsideration
8 CFR 103.7 - Fees
8 CFR 1245.2 - Application
8 CFR 204.11 - Special immigrant status for certain aliens declared dependent on a juvenile court (special immigrant juvenile)
8 CFR 204.12(f) - May a physician practice clinical medicine in a different underserved area?
8 CFR 204.13 - How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster
8 CFR 204.4 - Amerasian child of a United States citizen
8 CFR 204.5(e) - Retention of section 203(b)(1), (2), or (3) priority date
8 CFR 204.5(e)(5) - Retention of section 203(b)(1), (2), or (3) priority date
8 CFR 204.5(h) - Aliens with extraordinary ability
8 CFR 204.5(h)(5) - No offer of employment required
8 CFR 204.5(m) - Religious workers
8 CFR 204.5 - Petitions for employment-based immigrants
8 CFR 205.1(a)(3)(iii) - Automatic revocation of petitions under section 203(b)
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 214.201 - T nonimmigrant status eligibility
8 CFR 214.203 - Period of admission
8 CFR 240.70 - Decision by the Service
8 CFR 245.1(e)(3) - Special immigrant juveniles
8 CFR 245.2(a) - Application for adjustment of status
8 CFR 245.22 - Evidence to demonstrate an alien's physical presence in the United States on a specific date
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 245.25 - Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment
8 CFR 245.25(a)(2)(ii)(B)(2) - Validity of petition for continued eligibility for adjustment of status
8 CFR 245.25(b) - Definition of same or similar occupational classification
8 CFR 245.5 - Medical examinations
8 CFR 245.6 - Interviews for adjustment of status
8 CFR 245.8 - Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act
8 CFR 246 - Rescission of adjustment of status
8 CFR 264.2 - Application for creation of record of permanent residence
8 U.S.C. 1367 - Penalties for disclosure of information
9 FAM 502.1-1(C) - Principal and derivative beneficiaries
9 FAM 502.1-1(D)(4) - Calculation of CSPA Age for Preference Categories and Derivative Petitions
9 FAM 502.6 - Diversity Immigrant Visas
9 FAM 503.3-2 - Determining priority dates
INA 101 - Definitions
INA 101(a)(15)(T) - Definitions, T visa criteria
INA 101(a)(27) - Definitions of certain special immigrants
INA 101(a)(27)(C) - Certain ministers and religious workers
INA 101(a)(27)(D) - Certain employees or former employees of U.S. government abroad
INA 101(a)(27)(E), INA 101(a)(27)(F), and INA 101(a)(27)(G) - Employees of Panama Canal Company or Canal Zone government
INA 101(a)(27)(H) - Special immigrant physicians
INA 101(a)(27)(I) - Certain employees of international organizations
INA 101(a)(27)(J), 8 CFR 204.11 - Special immigrant juveniles
INA 101(a)(27)(K) - Certain armed forces members
INA 101(a)(27)(L) - Certain employees of international organizations
INA 101(a)(27)(M) - Broadcaster for International Broadcasting Bureau of Broadcasting Board of Governors or grantee
INA 101(a)(42) - Definition of refugee
INA 101(b)(1) - Definition of child
INA 101(f) - Definition of good moral character
INA 101(g) - Definition of removal
INA 201(e) - Worldwide level of diversity immigrants
INA 201(f) - Rules for determining whether certain aliens are immediate relatives
INA 202(b) - Rules for chargeability
INA 203 - Allocation of immigrant visas
INA 203(b) - Preference allocation for employment-based immigrants
INA 203(b)(4) - Certain special immigrants
INA 203(c) - Diversity immigrants
INA 203(h) - Rules for determining whether certain aliens are children
INA 204(a) - Procedure for granting immigrant status; petitioning procedure
INA 204(c) - Procedure for granting immigrant status; limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriage entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud
INA 204(f) - Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982
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 208(c)(2) - Termination of asylum
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(d)(13); 8 CFR 212.18 - Waivers of inadmissibility
INA 212(d)(3)(A)(ii); 8 CFR 212.18 - Waivers of inadmissibility
INA 212(d)(5), 8 CFR 212.5 - Parole of aliens into the United States
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(d) - Admission of nonimmigrants; issuance of visa to fiancée or fiancé of citizen
INA 214(l) - Restrictions on waiver
INA 214(o) - Nonimmigrants guilty of trafficking in persons, numerical limitations, and length and extension of status
INA 214(p), 8 CFR 214.14 - Admission of nonimmigrants; requirements applicable to section 1101(a)(15)(U) visas
INA 216A, 8 CFR 216.6 - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children
INA 237(a) - Deportable aliens; classes of deportable aliens
INA 240 - Removal proceedings
INA 240A - Cancellation of removal; adjustment of status
INA 245(a) - Adjustment of status
INA 245(b) - Record of lawful admission for permanent residence; reduction of preference visas
INA 245(c) - Bars to adjustment of status
INA 245(g) - Parole provision for special immigrant armed forces members seeking adjustment of status
INA 245(h) - Adjustment of special immigrant juveniles
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 245(l); 8 CFR 245.23 - Adjustment of status for victims of trafficking
INA 245A, 8 CFR 245a - Adjustment of status of certain entrants before January 1, 1982 to that of person admitted for lawful residence
INA 246 - Rescission of adjustment of status; effect upon naturalized citizen
INA 291 - Burden of proof upon alien
INA 340 - Revocation of naturalization
Pub. L. 100-202 (PDF) - The Amerasian Homecoming Act of 1987
Pub. L. 100-658 (PDF) - Immigration Amendments of 1988
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. 102-110 (PDF) - Armed Forces Immigration Adjustment Act of 1991
Pub. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991
Pub. L. 105-119 (PDF) - Section 113 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1998
Pub. L. 106-313 (PDF) - Section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (Oct. 17, 2000) Increased job flexibility for long delayed applicants for adjustment of status
Pub. L. 107-208 (PDF) - Child Status Protection Act
Pub. L. 107-273 (PDF) - Section 11030A of the 21st Century Department of Justice Appropriations Authorization Act (Nov. 2, 2002) Extension of H-1B status for aliens with lengthy adjudications
Pub. L. 109-163 (PDF) - Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, as amended – Special immigrant status for persons serving as translators with U.S. armed forces
Pub. L. 110-181 (PDF) - Section 1244 of the National Defense Authorization Act for Fiscal Year 2008, as amended – Special immigrant status for certain Iraqis
Pub. L. 110-457 (PDF) - Section 235(d) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) - Permanent protection for certain at-risk children
Pub. L. 116-260 - Section 7034 of the Consolidated Appropriations Act for Fiscal Year 2021
Pub. L. 116-283 (PDF) - Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA) - Workforce issues for military realignments in the Pacific
Pub. L. 116-92 (PDF) - Section 7611 of the National Defense Authorization Act for Fiscal Year 2020
Pub. L. 96-212 (PDF) - Refugee Act of 1980
Pub. L. 97-359 - The Amerasian Act of 1982
Pub. L. 99-603 (PDF) - Immigration Reform and Control Act of 1986
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
This technical update incorporates changes consistent with the newest form editions of the Application to Register Permanent Residence or Adjust Status (Form I-485) and Confirmation of Valid Offer or Request for Job Portability Under INA Section 204(j) (Form I-485 Supplement J), published on December 10, 2024. This update removes certain references to the Request for Exemption for Intending Immigrant’s Affidavit of Support (Form I-864W), directs applicants how to request an exemption from the Form I-864 requirement when filing their adjustment of status application, and updates references to the newly retitled Form I-485, Supplement J.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify guidance regarding jurisdiction over rescission of lawful permanent resident (LPR) status.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address adjustment of status for victims of severe forms of trafficking in persons (T nonimmigrants).
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)
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 issuing updated policy guidance in the USCIS Policy Manual addressing adjustment of status based on the Diversity Immigrant Visa. This policy update consolidates, updates, and supersedes Chapter 23.5(h) of the Adjudicator's Field Manual (AFM), related AFM appendices, and related policy memoranda. This update is not intended to change existing policy or create new policy.
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 updating policy guidance in the USCIS Policy Manual to clarify the applicability of the 1-year physical presence requirement for refugees and asylees applying for adjustment of status.
7 USCIS-PM L.2 - Chapter 2 - Eligibility Requirements
7 USCIS-PM L.3 - Chapter 3 - Admissibility and Waiver Requirements
7 USCIS-PM L.4 - Chapter 4 - Documentation and Evidence
7 USCIS-PM L.5 - Chapter 5 - Adjudication Procedures
7 USCIS-PM M.2 - Chapter 2 - Eligibility Requirements
7 USCIS-PM M.3 - Chapter 3 - Admissibility and Waiver Requirements
7 USCIS-PM M.4 - Chapter 4 - Documentation and Evidence
7 USCIS-PM M.5 - Chapter 5 - Adjudication Procedures
12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization
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 issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan special immigrant visa (SIV) petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations Act of 2021.
6 USCIS-PM H.1 - Chapter 1 - Purpose and Background
6 USCIS-PM H.8 - Chapter 8 - Certain Iraqi Nationals
6 USCIS-PM H.9 - Chapter 9 - Certain Afghan Nationals
6 USCIS-PM H.10 - Chapter 10 - Certain Iraqi and Afghan Translators and Interpreters
7 USCIS-PM F.10 - Chapter 10 - Certain Afghan and Iraqi Nationals
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).
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to incorporate changes from the Special Immigrant Juvenile Petitions Final Rule (SIJ Final Rule), including updated citations, new definitions, and clarifications.
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.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify what steps applicants must take if they are not able to submit primary evidence of Liberian nationality to support an application for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law.
U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding interview criteria for asylee and refugee adjustment of status applicants.
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 to Volume 7 clarifies what evidence an applicant may submit to establish Liberian nationality when applying for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law. It includes examples of secondary evidence that could support an applicant’s claim of Liberian nationality, as part of the totality of the evidence.
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 Chapter 21.7 of the AFM, related appendices, and policy memoranda.
This technical update directs readers to visit the USCIS webpage for the latest information on Special Immigrant Visa (SIV) program extensions and visa numbers for Afghans who were employed by or on behalf of the U.S. Government.
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
This technical update to Volume 7 adjusts the filing deadline for Liberian Refugee Immigration Fairness (LRIF) adjustment of status applications to December 20, 2021, to reflect an extension by Congress.
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.
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 Chapter 23.5(c) of the AFM, related appendices, and policy memoranda.
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 issuing policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain beneficiaries of employment-based immigrant petitions after they have applied to adjust status.
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.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).
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
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify the procedures USCIS officers follow when termination of asylum status is considered in relation to adjudicating an asylum-based adjustment of status application.
This technical update provides clarification on the 2-year foreign residence requirement for certain exchange visitors subject to INA 212(e).
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 22.3 and 26 of the AFM, related appendices, and policy memoranda.
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 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.
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.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of adjustment of status applications based on the Liberian Refugee Immigration Fairness law.
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 issuing policy guidance in the USCIS Policy Manual to update and clarify when USCIS may adjust the status of an applicant whose conditional permanent resident (CPR) status was terminated.
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 registration of lawful permanent resident (LPR) status.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove obsolete Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, from the filing requirements for applications for adjustment of status under section 209 of the Immigration and Nationality Act (INA).
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).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address adjustment of status applications filed by refugees and asylees under INA sections 209(a) and 209(b).
Version History
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