USCIS Policy Manual

VOLUME 7: ADJUSTMENT OF STATUS

PART M: ASYLEE ADJUSTMENT

Chapter 1: Purpose and Background

A. Purpose


U.S. Citizenship and Immigration Services (USCIS) seeks to:


  • Resolve the asylee’s status by ultimately determining whether he or she is admissible to the United States as an immigrant; and


  • Provide qualified asylees a pathway to permanent residence as persons of special humanitarian concern to the United States.


B. Background


The Refugee Act of 1980 not only provided for the admission and adjustment of status of refugees but also established procedures for foreign nationals to seek asylum. Prior to the Refugee Act, there was no mechanism for someone in the United States to apply for protection under the Refugee Convention. The Refugee Act required the establishment of a procedure for a foreign national who meets the definition of a refugee to apply for and be granted asylum if physically present in the United States regardless of the person’s immigration status. 


The Refugee Act provided for the adjustment of status of asylees to permanent residents. Unlike refugees, asylees are not required to apply for adjustment of status one year after receiving asylum. Instead, an asylee may apply for adjustment of status after accruing one year of physical presence after receiving asylum status. The asylee is not required to apply within a specific time frame.


Although the Refugee Act exempted asylees from the worldwide annual limitations on immigrants, the law placed a ceiling of 5,000 on the number of asylees who could adjust to permanent resident status each year. The Immigration Act of 1990 increased the annual ceiling to 10,000 and waived the annual limit for those asylees who met the required one-year physical presence requirement and filed for adjustment of status on or before June 1, 1990. In 2005, the REAL ID Act[1] See the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, Pub. L. 109-13 (May 11, 2005). permanently eliminated the annual cap on the number of asylees allowed to adjust status.


C. Legal Authority


  • INA 209(b)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1825.html#0-0-0-2093) – Adjustment of Status of Refugees

  • 8 CFR 209.2(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15524/0-0-0-15551.html#0-0-0-11771) – Adjustment of Status of Alien Granted Asylum

  • Pub. L. 96-212(http://www.gpo.gov/fdsys/pkg/STATUTE-94/pdf/STATUTE-94-Pg102.pdf) – The Refugee Act of 1980


Chapter 2: Eligibility Requirements


An asylee may adjust status to a lawful permanent resident if the asylee meets the following four requirements:


  • The asylee has been physically present in the United States for at least one year after being granted asylum.


  • The principal asylee continues to meet the definition of a refugee, or the derivative asylee continues to be the spouse or child of the principal asylee.


  • The asylee has not firmly resettled in any foreign country.


  • The asylee is admissible to the United States as an immigrant at the time of examination for adjustment of status, subject to various exceptions and waivers. 


Applicants who fail to meet any of these requirements are statutorily ineligible for adjustment of status as an asylee. 


The Immigration Act of 1990 (IMMACT 90) added additional eligibility requirements to applicants granted asylum who wish to adjust status. USCIS issued regulations[2] See 8 CFR 209.2(a)(2). to clarify that persons granted asylum status prior to enactment of IMMACT 90 would not be subject to these additional requirements at time of adjustment. 


Therefore, applicants who were granted asylum prior to November 29, 1990 may have their status adjusted to permanent residents even if they no longer are a refugee due to a change in circumstance, no longer meet the definition of a refugee, or have failed to meet the required one year of physical presence in the United States after being granted asylum. These applicants need only apply for adjustment and establish that they have not been resettled in another country and are not inadmissible to the United States. 


Although it is unlikely that any of these cases still remain pending, an officer should be aware of these special provisions that apply to any asylum adjustment applicant whose grant of asylum was prior to November 29, 1990.


A. Physical Presence in the United States of at Least One Year


Only time spent in the United States counts towards the one-year physical presence requirement. A principal asylee’s physical presence starts accruing on the date the asylee is granted asylum. 


If a derivative asylee was physically present in the United States when USCIS approved his or her relative petition (Form I-730(http://www.uscis.gov/i-730)) or the principal asylee’s asylum application (Form I-589(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=de9814836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)), whichever is applicable, then the derivative asylee may start accruing physical presence on the approval date of the petition or application. If the derivative asylee is living abroad when USCIS approves the relative petition, then the derivative asylee’s physical presence begins accruing on the date of admission as an asylee.


An asylee who travels outside the United States as an asylee will not meet the physical presence requirement until the cumulative amount of time spent in the United States equals one year. The officer should review the asylee’s adjustment application and the documentation in the record to determine whether the asylee has been absent from the United States during the previous calendar year to ensure the asylee meets the physical presence requirement for adjustment.


B. Principal Asylee Continues to Meet the Definition of a Refugee


In order to be eligible for asylee status, the principal asylee had to show a well-founded fear of persecution based on at least one of five statutory grounds: 


  • Race

  • Religion

  • Nationality

  • Membership in a Particular Social Group

  • Political Opinion


If an applicant no longer meets the definition of a refugee,[3] See INA 101(a)(42). he or she is not eligible to adjust status as an asylee. In general, at the time of adjustment, an officer will not readjudicate the asylum claim. However, if there is new evidence that the asylee may not have met the definition of a refugee at the time of the asylum grant, the officer should refer the case to the Asylum Division within the Refugee, Asylum, and International Operations Directorate or to an Immigration Judge for termination of status.[4] For more information, see Chapter 6, Termination of Status and Notice to Appear Considerations [7 USCIS-PM M.6].


C. Derivative Asylee Continues to be the Spouse or Child of the Principal Asylee


A derivative asylee must continue to meet the definition of a spouse or child of a refugee both at the time of filing and final adjudication of the adjustment application. A derivative asylee spouse fails to meet this eligibility requirement if the marital relationship has ended. A derivative child fails to meet this requirement if he or she marries or no longer meets the definition of a child.[5] See INA 101(b)(1). Likewise, if the principal is no longer a refugee or adjusted asylee at the time a derivative seeks to adjust status, then the derivative asylee will no longer qualify. 


A derivative asylee who fails to meet this requirement does not lose his or her asylum status when the relationship to the principal asylee ends or when the principal asylee naturalizes. A derivative asylee only loses the ability to adjust status as a derivative asylee, but may adjust status under another category if he or she can establish eligibility. 


1. Surviving Spouse or Child of a Deceased Principal Asylee


The Immigration and Nationality Act (INA) was amended by the addition of section 204(l) which allows USCIS to approve an adjustment of status application for the derivative spouse or child of a deceased qualifying relative, including a derivative spouse or child of a deceased principal asylee. Therefore, an applicant that meets all the requirements of this new law will remain a derivative spouse or child of an asylee for purposes of adjustment of status even after the principal asylee’s death.


This applies to an adjustment of status application adjudicated on or after October 28, 2009, even if the qualifying relative died before October 28, 2009. If a petition or application was denied on or after October 28, 2009, without considering the effect of this section, and the section could have permitted approval, USCIS must, on its own motion, reopen the case for a new decision in light of this new law.[6] See INA 204(l) and Adjudicator's Field Manual (AFM) Chapter 10.21(C), Receipting and Acceptance Processing for additional guidance. 


2. Derivative Asylees Ineligible for Adjustment of Status


Divorced Spouse


A spouse who is divorced from the principal asylee is no longer a spouse of the principal and is no longer eligible to adjust status as a derivative asylee.


Married Child


A child who is married either at the time of filing or at the time of adjudication of the adjustment of status application is no longer considered a child of the principal and is no longer eligible to adjust status as a derivative asylee. However, a child who was married after his or her grant of derivative asylum status, but has since divorced (and is therefore unmarried at the time of filing for adjustment of status) may qualify once again as the derivative child of the principal asylee, provided the child is under 21 or eligible for the benefits of the Child Status Protection Act (CSPA).


Child 21 or older and not eligible for benefits under the Child Status Protection Act (CSPA)


Certain derivative children who have turned 21 years old and are not protected by the CSPA are no longer eligible to adjust status as a derivative asylee. This is generally only seen in cases that were filed prior to August 6, 2002. 


As of August 6, 2002, any derivative asylee child who had a pending refugee/asylee relative petition (Form I-730(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=59cf8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)), adjustment application (Form I-485(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)) or principal’s asylum application (Form I-589(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=de9814836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)) on or after that date had his or her age “frozen” as of the date the application was filed. This allows the foreign national’s continued classification as a child for purposes of both asylum and adjustment of status. Any person who aged out prior to August 6, 2002 is not eligible for continuing classification as a child unless one of these applications was pending on August 6, 2002. 


As a result of CSPA provisions, an unmarried child who is under 21 on the day the principal asylee files the asylum application will remain eligible to be classified as a child as long as he or she was eligible to be listed on the parent’s asylum application prior to adjudication and is unmarried at the time of adjudication. In determining continuing eligibility as a child for adjustment, the officer need only verify that the derivative applicant’s age was under 21 at the time the principal’s asylum application was filed and that the child is currently unmarried.


Principal Asylee has Naturalized


A principal asylee who has naturalized no longer meets the definition of a refugee.[7] See INA 101(a)(42). Therefore, once the principal has naturalized, a spouse or child is no longer eligible to adjust status as a derivative asylee because they no longer qualify as the spouse or child of a refugee.


Principal Asylee Who No Longer Meets Definition of Refugee and has Asylum Status Terminated)


If a principal asylee no longer meets the definition of a refugee and his or her asylum status is terminated, then a derivative asylee is also no longer eligible to adjust status.


3. Nunc Pro Tunc Asylum Cases


Nunc pro tunc,” meaning “now for then,” refers to cases where a derivative asylee who is ineligible to adjust status as a derivative asylee may file for and be granted asylum in his or her own right and the grant may be dated as of the date of the original principal’s asylum grant. Any foreign national who is physically present in the United States regardless of status may apply for asylum. In certain cases, the nunc pro tunc process may enable a derivative asylee who is ineligible to adjust as a derivative to become a principal asylee and eligible to adjust status. 


Like any other asylum application filed with USCIS, these cases are handled by the Asylum Division of the Refugee, Asylum and International Operations (RAIO) Directorate. New asylum applications can be filed by derivative asylees requesting to be considered as principal applicants. 


If an officer encounters a case in which the applicant is not eligible for adjustment of status as a derivative asylee, the adjustment application should be denied. 


4. Pre-Departure Marriages and Divorces


Occasionally, derivative asylees who are admitted to the United States based on a refugee/asylee relative petition (Form I-730(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=59cf8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)) process will end their relationship to the principal asylee through either divorce or marriage after the grant of the petition, but before being admitted to the United States. In these cases, if the derivative asylee was admitted to the United States, he or she was not eligible for that status at time of admission because the status was dependent upon the relationship to the principal, which no longer existed at time of admission.[8] See Matter of Khan, 14 I&N Dec. 122 (BIA 1972). 


While USCIS may pursue termination of status on these applicants, the actual relationship of the derivative to the principal may be a consideration in the determination. In cases in which the officer makes an initial determination that termination may be appropriate, he or she should return the file to the Asylum Office for further review and potential termination of status. 


Derivatives who end their relationship with the principal asylee at any time are not eligible to adjust status in their own right, but may be eligible to file for asylum as a principal applicant.


5. Non-Existent or Fraudulent Relationships


At times, an officer may discover that a derivative asylee never had a bona fide relationship to the principal asylee. Examples would include a claimed spouse who was never legally married to the principal although they may have cohabitated or other relatives who are claimed as children. Those derivatives will be ineligible to adjust status. 


Additionally, applicants who have no relationship to the principal asylee could claim a relationship as either a spouse or child, and likewise the principal asylee could claim a relationship to them, in order to be granted asylum. These applicants are ineligible for admission as derivative asylees and may be found removable for fraud or misrepresentation.


Although they were admitted as derivative asylees, they were not eligible for that status when they were admitted because their status was dependent upon their relationship to the principal, which did not exist at the time of admission. USCIS may decide to pursue termination of status on these persons; however, the actual relationship of the derivative to the principal should be a factor when considering possible termination of status. 


In cases in which the adjustment officer makes an initial determination that termination may be appropriate, he or she should return the file to the Asylum Office for further review and potential termination of status. 


D. Not Firmly Resettled in Any Foreign Country


An applicant who has firmly resettled in another country is not eligible to obtain either asylum or adjustment of status as an asylee in the United States. A person is considered firmly resettled in another country if he or she has been offered resident status, citizenship, or some other type of permanent resettlement in another country.


The asylum officer would have considered whether the application was firmly resettled prior to arriving in the United States so an officer considering the adjustment of status application would rarely need to reconsider the prior determination. However, any evidence in the file that suggests resettlement in another country subsequent to the granting of asylum status will need to be considered.


Chapter 3: Admissibility and Waiver Requirements


An asylee adjustment applicant must be admissible at the time USCIS grants the adjustment of status. Because an asylee is not subject to admissibility grounds at the time of the asylum grant, the adjudication of the adjustment application may be the first instance that inadmissibility grounds are considered. The applicants may be found inadmissible based on any information in the A-file or submitted with the adjustment application or through security checks. 


A. Exemptions


The following grounds of inadmissibility do not apply to asylees adjusting status:


  • Public Charge – INA 212(a)(4)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2483)


  • Labor Certification and Qualifications for Certain Immigrants – INA 212(a)(5)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2509)


  • Documentation Requirements for Immigrants – INA 212(a)(7)(A)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2581)


B. Applicable Inadmissibility Grounds


The following grounds of inadmissibility apply to asylees adjusting status:


  • Health-Related – INA 212(a)(1)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2301)


  • Crime-Related – INA 212(a)(2)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-1203)


  • Security-Related – INA 212 (a)(3)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-1241)


  • Illegal Entrants and Immigration Violators – INA 212(a)(6)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2533) 


  • Ineligibility for Citizenship – INA 212(a)(8)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2609) 


  • Foreign Nationals Previously Removed – INA 212(a)(9)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2615)


  • Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation – INA 212(a)(10)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2677) 


1. Health-Related Considerations


In some cases, a derivative asylee who had a relative petition (Form I-730(http://www.uscis.gov/i-730)) processed overseas may have had a Class A medical condition that was waived for purposes of admission as an asylee. In these instances, the waiver does not carry through to adjustment and the applicant must submit to a new medical examination to determine whether the Class A medical condition has been resolved.


2. Unlawful Presence Considerations


An unlawful presence exception applies during the period of time in which the asylee had a bona fide, pending asylum application. The time period that the applicant’s bona fide asylum application was pending should not be included in any unlawful presence calculation,[9] See INA 212(a)(9)(B). provided the applicant was not employed without authorization during such time period. Unauthorized employment would disqualify the asylee from this exception.[10] See INA 212(a)(9)(B)(iii)(II). 


While departures from the United States may trigger an unlawful presence bar, an officer may consider a waiver for unlawful presence either through submission of a waiver application (Form I-602(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58ea3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)), or in conjunction with the adjustment of status application, in instances in which a waiver application is not requested. If the officer does not request a waiver application, the officer should notate any waiver granted on the adjustment of status application. However, the Board of Immigration Appeals held on April 17, 2012 that travel on advance parole for a pending adjustment applicant will not trigger the unlawful presence bar.[11] See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). 


C. Inadmissibility Grounds that May Not Be Waived 


While waivers are generally available for most of the grounds listed in Section B, Applicable Inadmissibility Grounds,[12] See 7 USCIS-PM M.3(B). the following grounds of inadmissibility cannot be waived:


  • Controlled Substance Traffickers – INA 212(a)(2)(C)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2347)


  • Espionage; Sabotage; Illegal Export of Goods, Technology, or Sensitive Information; Unlawful Overthrow or Opposition to U.S. Government – INA 212(a)(3)(A)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2389) 

  • Terrorist Activities – INA 212 (a)(3)(B)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2401) (Note: Exemptions for some of these grounds exist)

  • Adverse Foreign Policy Impact – INA 212(a)(3)(C)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2451)

      

  • Participants in Nazi Persecutions or Genocide – INA 212(a)(3)(E)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2471)


An officer should deny the adjustment application where no waiver or exemption is available due to the type of inadmissibility found. 


National Security Issues


In the event that the adjudicating officer identifies at any stage one or more national security indicator(s) or concerns unknown at the time of the grant of asylum, the officer should refer to USCIS guidance on disposition of national security cases. The officer should also follow current USCIS instructions on cases that involve terrorist related grounds of inadmissibility for disposition of the case or see their supervisor for questions.


Unless a case is sent specifically to a field office for resolution of Terrorist Related Inadmissibility Ground (TRIG) issues and final adjudication of the adjustment application, an officer should return any asylee adjustment case with unresolved TRIG issues to the originating Service Center for resolution.


D. Waivers


All grounds of inadmissibility listed at Section B, Applicable Inadmissibility Grounds[13] See 7 USCIS-PM M.3(B). are subject to waiver, if the applicant can establish he or she qualifies for a waiver.


An asylee adjustment applicant may have a ground of inadmissibility waived for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. This type of waiver does not require the applicant to prove extreme hardship.


In adjudicating a discretionary waiver application for asylee adjustment, an officer must balance the humanitarian, family unity, or public interest considerations with the seriousness of the offense or conduct that rendered the applicant inadmissible. In making this determination, an officer should recognize that the applicant has already established past or a well-founded fear of future persecution, which is an extremely strong positive discretionary factor.


Chapter 4: Documentation and Evidence


Officers should review the following documentation to determine an asylee’s eligibility to adjust status.


A. Required Documentation and Evidence


  • Form I-485(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD), Application to Register Permanent Residence or Adjust Status 


Each applicant must file a separate application with fee (unless granted a fee waiver) regardless of whether the applicant is a principal or derivative asylee. 


  • Form G-325A(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7c84154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD), Biographic Information Sheet 


This form is required for every applicant who is 14 years of age or older at the time of filing. The officer must check the Form G-325A for additional aliases requiring a systems query. Also, the officer should review the “Applicant’s Last Address Outside the United States of More Than One Year” information. 


A country listed in this area other than the applicant’s country of persecution should be given consideration as potential evidence of resettlement in a country other than the United States by the applicant. However, an applicant is only considered firmly resettled in another country if he or she has been offered resident status, citizenship, or some other type of permanent resettlement in another country.


  • Proof of asylum status 


An officer must review the contents of the A-file for proof of asylum status. The A-file should contain an approved asylum application (Form I-589(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=de9814836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)) or an approved relative petition (Form I-730(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=59cf8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)). Although an applicant may submit a Form I-94, Arrival/Departure Record, or an approval notice of the relative petition with their application, these documents must always be cross-checked with evidence in the A-file and in USCIS systems to confirm the applicant’s asylum status.


  • Evidence of one-year physical presence in the United States  


An officer can verify physical presence for a principal asylee by reviewing the date the asylum application was approved as indicated either on the approval letter from the Asylum Office, or on the order from the Immigration Judge, the Board of Immigration Appeals or a federal court. Officers may also check the information available in RAPS (the Refugees, Asylum and Parole System). 


An officer can generally verify physical presence for a derivative asylee by reviewing:


  • The “Date of Last Arrival” and “Place of Last Entry into the United States” blocks on the adjustment application (Form I-485(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)); 

  • The principal’s and derivative’s “Residence Information” listed on each Form G-325A(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7c84154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD); and 

  • The admissions information contained in USCIS systems. 


Officers should also review the date of admission as an asylee found on a Form I-94 Arrival/Departure Document against the filing date of the adjustment application. 


An officer should review any requests for travel documents or advance parole prior to the filing of the adjustment application. If there is doubt as to the applicant’s time periods in the United States, the officer may request additional information verifying physical presence. This may include pay stubs or employment records, school or medical records, rental and utility receipts, or any other documentation that supports proof of residence.


  • Two (2) Passport-Style Photos taken no earlier than 30 days prior to filing 


  • Form I-693(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD), Report of Medical Examination and Vaccination Record 


A principal asylee is required to submit a complete medical examination and vaccination record. The examination must be completed by a USCIS designated civil surgeon, meet the standards of the medical examination, and include all required vaccinations as of the date of the examination. A complete medical examination is not required of all derivative asylees at time of adjustment. 


Derivative asylees that had a medical examination conducted overseas will not be required to undergo a new medical examination at the time of applying for adjustment of status if: 


  • The results of the overseas medical examination are contained in the A-file and no Class A condition was reported;

  • The asylee has applied for adjustment of status within one year of filing eligibility (i.e., within two years of the date of admission as an asylee derivative); and

  • There is no evidence in the A-file or testimony given at an interview to suggest that the asylee has acquired a Class A condition subsequent to his or her entry into the United States. 


Even if a complete new medical examination is not required, the applicant must still establish compliance with the vaccination requirements and submit the vaccination record portion of the medical examination record with the adjustment application. Unlike refugees, derivative asylees may not have their vaccination records completed by a health department with a blanket waiver as a civil surgeon. Blanket waivers for civil surgeons only extend to refugee vaccination certifications.[14] This is a determination made by the Department of Health and Human Services, Centers for Disease Control and Prevention.


  • Certified Copies of Arrest/Court Records (if applicable)

  

An applicant must submit an original official statement by the arresting agency or certified court order for all arrests, detentions or convictions.


  • Form I-602(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58ea3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD), Application by Refugee for Waiver of Grounds of Excludability

  (if applicable) 


B. Supplemental Documentation and Evidence


Applicants often submit supplemental documentation although not required to do so. This may include: 


  • Form I-94, Arrival/Departure Document, with appropriate endorsement


  • Birth Certificate, when obtainable


See the Department of State Reciprocity Tables(http://travel.state.gov/visa/fees/fees_3272.html) for identity documents that cannot be obtained in particular countries and during specific time periods. There may be other instances in which a birth certificate is unobtainable because of country conditions or personal circumstances. In these instances, an applicant may submit affidavits to establish his or her identity. The officer may also review the A-file to check for a birth certificate that the applicant submitted with the asylum application or other evidence the applicant submitted at the time of the interview to establish his or her identity. 


  • Copy of Passport(s), when obtainable


In many instances, an asylee will be unable to produce a copy of his or her passport. There may be other instances in which a passport is unobtainable due to country conditions, personal circumstances or the simple fact that the applicant never possessed a passport. In these cases, a copy of a passport is not required and the officer may use evidence in the applicant’s A-file to verify his or her identity. The asylee’s date of birth and nationality are established during the asylum application or relative petition process.


The officer should review any supplemental documentation submitted by the applicant to ensure it is consistent with the documentation contained in the A-file. Since identity is already established during the asylum proceedings, a birth certificate or passport is not required at the time of adjustment. Nevertheless, if the applicant submits any of these documents, the officer must address and resolve any discrepancies at the time of adjudication. In all cases, considerable weight is given to the documentation contained in the asylum packet or with the relative petition. 


C. Documentation Already Contained in the A-File


The original asylum application should already be in a principal applicant’s A-file. A copy of the asylum application should also be found in the A-file of each derivative asylee who was in the United States at the time of asylum adjudication and was included on the asylum application. The relative petition should be in a derivative asylee’s A-file if the derivative asylee followed to join the principal and was not included on the original asylum application.


Each case file will contain all of the forms, evidence, and officer notes that were part of the application for asylum. The most important document for an officer to review is either the asylum application (Form I-589(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=de9814836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)) or the relative petition (Form I-730(http://www.uscis.gov/i-730)). Both provide proof of status and establish identity (with attached photo) as well as citizenship, since many asylees will not have a birth certificate or passport.


D. Unavailable or Missing Documentation


When an asylee flees the country of persecution, they may have been unable to obtain any documentation issued by a civil authority as proof of identity or of a familial relationship. At the time of the asylum interview, the asylum officer reviews a myriad of documents and affidavits and solicits testimony when seeking to establish an asylum-seeker’s personal and family identity. Any available documents submitted at the time of the asylum interview should be contained within the A-file.


An officer may rely on the documents contained in the A-file to verify the applicant’s identity at the time of adjustment. While it is not necessary to request the applicant’s birth certificate or passport as proof of identity, officers should review any documentation the applicant submits to establish identity. Additionally, photos the applicant submits should be compared to the photos in the A-file. If an officer is unable to establish an applicant’s identity due to discrepancies between the documentation the applicant submitted and the information contained in the A-file, then the file should be forwarded to the field office having jurisdiction over the case for interview and resolution.


Chapter 5: Adjudication Procedures


A. Record of Proceedings (ROP) Review and Underlying Basis


The officer should place all documents in the file according to the established Record of Proceedings order, including the filing of any documents the applicant submitted in response to a Request for Evidence (RFE). 


In determining eligibility for adjustment of status as an asylee, the officer should review the underlying application (either Form I-589(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=de9814836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD) or Form I-730(http://www.uscis.gov/i-730)) that provided the applicant with asylum status. The application will establish identity, family relationships, and date of grant of asylum status (if a principal asylee or a derivative asylee was within the United States at time of grant). 


B. Interview Criteria


Officers will make the decision to interview an asylee applicant for adjustment of status on a case-by-case basis.[15] See 8 CFR 209.2(e). Interviews are generally required when an officer at a Service Center is unable to verify identity or eligibility or determine admissibility based solely on the available immigration records. Although officers may decide to relocate a case to a Field Office for interview on a case-by-case basis, the Service Center Officer should generally relocate a case to the field for interview if it meets one of the following criteria:


  • The officer cannot verify the identity of the applicant through the information in the A-file. 


  • The officer can verify the identity of the applicant through the information in the A-file, but the applicant is claiming a new identity.


  • Immigration records are insufficient for the officer to determine whether or not the applicant has asylum status.


  • The applicant has an approved Form I-730(http://www.uscis.gov/i-730) but, if granted overseas, was not interviewed as part of the overseas process or, if in the United States, was not interviewed prior to the approval.


  • The applicant’s FBI fingerprint results indicate a record that may cause the applicant to be inadmissible, or the applicant has had 2 unclassifiable fingerprints and the applicant must provide a sworn statement at an interview.


  • The officer cannot determine the applicant’s admissibility without an interview.


  • The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.


  • There is evidence that suggests that the original grant of asylum may have been obtained through fraud or misrepresentation.


  • There is evidence that suggests that the principal asylum applicant no longer meets the definition of a refugee.


  • There is evidence that suggests that the asylee derivative beneficiary no longer has the requisite relationship to adjust status as a derivate spouse or child.


These interview criteria may be modified in response to developing circumstances and concerns, which would dictate the need for further restrictions.


C. Beneficiaries Applying for Adjustment within the United States without a Prior Interview


A principal asylee may petition for immediate family members within two years of admission on a Form I-730(http://www.uscis.gov/i-730), Refugee/Asylee Relative Petition. When proceeding from abroad, the derivative asylee is required to undergo various interviews and processing steps overseas. When applying for adjustment of status, there is the possibility that some derivative family members may not have undergone overseas processing and may have entered the United States prior to or after being granted derivative asylum status.


For example, beneficiaries of an approved Form I-730(http://www.uscis.gov/i-730) sometimes enter the United States without inspection or with a nonimmigrant visa. The beneficiaries may never have received an interview confirming identity and relationship to the principal, which is part of the overseas process. Because asylum status is conferred on the beneficiary at the point they are present in the United States with an approved Form I-730(http://www.uscis.gov/i-730) petition, the derivative asylee may have gained status without having to provide biometrics or appear in person before an officer to verify his or her identity.


In the event a derivative asylee (Form I-730(http://www.uscis.gov/i-730) beneficiary) is applying for adjustment of status without having been previously interviewed either abroad or in the United States, he or she should be referred for an interview at a field office as part of the adjustment of status process and to verify identity and the familial relationship.


During the interview process, the officer will verify the identity of the derivative asylee and the requisite familial relationship to the principal as well as examine the derivative asylee’s eligibility for admission as an immigrant.[16] See INA 209(b).


D. Waiver Instructions


When the officer determines that an applicant is inadmissible and a waiver is available, the officer may grant the waiver without requiring submission of an Application by Refugee for Waiver of Grounds of Excludability (Form I-602(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58ea3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)), if:


  • The applicant is inadmissible under a ground of inadmissibility that may be waived (other than health related grounds);


  • USCIS records and other information available to the officer contain sufficient information to assess eligibility for a waiver; 


  • There is no evidence to suggest that negative factors would adversely impact the exercise of discretion; and


  • It is appropriate to grant a waiver.


If the adjudicating officer determines that a waiver application (Form I-602(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58ea3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)) is not required, the officer should indicate that the waiver has been granted by annotating on the adjustment application the particular inadmissibility that has been waived. The officer may use a written annotation, stamp, or pre-printed label to indicate the specific inadmissibility ground that is being waived in any open space on the face of the adjustment application. 


An officer’s signature and approval stamp on the adjustment application also serves as the signature and approval of the waiver for any waived grounds of inadmissibility specified on the face of the adjustment application. Waivers granted because the vaccinations were not medically appropriate or other blanket waivers for medical grounds do not require a waiver annotation on the adjustment application or the medical examination and vaccination record (Form I-693(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)). All others require an annotation. 


When a waiver application is required, the officer should stamp the waiver application approved, check the block labeled “Waiver of Grounds of Inadmissibility is Granted,” and make the appropriate endorsements in the space provided. 


In both instances, there is no need for a separate approval notice since the approval of the adjustment application will also indicate the approval of the waiver or the waiver application. .


If the applicant is statutorily ineligible for a waiver (i.e., he or she is inadmissible under a ground of inadmissibility that cannot be waived) or if there are sufficient negative factors to warrant denial of the waiver application, the officer should check the block labeled “Waiver of Grounds of Inadmissibility is Denied” and write “See Form I-291”[17] USCIS uses the Form I-291 to inform the applicant of the denial of his or her application. in the space labeled “Reasons.”


The officer should be fully discuss the denial of the waiver in the written decision of the adjustment application. While there is no appeal from the denial of the waiver application, an immigration judge may consider the waiver application de novo when he or she considers the renewed adjustment application during removal proceedings. 


E. Requests to Change Name or Date of Birth 


Asylum-seekers sometimes enter the United States with fraudulent documentation. This fraudulent biographical information may be entered in the agency’s information systems as an alias. The asylee will have to address and reconcile any outstanding discrepancies in biographical information found in case records or USCIS data systems at the time of adjustment. 


While a principal asylee would have had his or her identity confirmed at time of asylum grant, this may not be true for derivative asylees who had neither an overseas interview nor an interview by a USCIS officer as a part of the Form I-730(http://www.uscis.gov/i-730) adjudication process. 


In this case, the derivative asylee may have to provide documentation as proof of his or her true identity if the biographical information contained on the Form I-730(http://www.uscis.gov/i-730) does not match the information contained on the adjustment application. Additionally, the applicant would need to provide a reasonable explanation for why his or her true identity, including name and date of birth, was not properly established with the Form I-730(http://www.uscis.gov/i-730).


During the asylum or overseas interview, asylees reviewed their asylum application or relative petition and biographical information and had the opportunity to correct any errors or resolve any identity issues at that time. Therefore, an officer should be cautious in reviewing any documents that now assert a change to the applicant’s name or date of birth, as it raises the possibility that the person either used an alias or committed fraud or misrepresentation at the time of the asylum or overseas interview. An officer may not accept an affidavit as proof of a changed name or date of birth.


An officer should be aware that name changes may legitimately occur after the asylum or overseas interview, such as in the case of a legal adoption, marriage or divorce. Applicants requesting a name change at the time of adjustment will need to submit one of the following civil-issued documents: 


  • Legal name change decree – lists former and new legal name

  • Marriage certificate – lists maiden name/last name of spouse

  • Divorce decree – shows restoration of maiden name

  • Adoption decree – lists adopted child’s birth name and the names of the adoptive parents


F. Spelling of Names and Naming Convention Issues


From time to time, asylee adjustment applicants may complete an adjustment application by filling out their name in some variation of that which was listed on the Form I-589(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=de9814836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD) or Form I-730(http://www.uscis.gov/i-730). Although immigrants may be permitted on other local or federal government-issued documents to change their name or use a slightly different spelling, asylees will not be permitted to change the spelling of their names from that listed on their asylum application or relative petition or to use another version of their name at time of adjustment, unless the applicant provides documentation of a legal name change. This is prohibited in order to preserve the continuity and integrity of immigration.


The asylum application or relative petition might contain an error in the spelling or the order of a person’s name. If an officer, based on a review of underlying documents in the A-file, recognizes that the original application or petition clearly had an error and the applicant is requesting the corrected name on the adjustment application, the officer may correct the error by amending the name on the application. If the applicant is granted permanent resident status, the name must also be corrected in the appropriate electronic immigration systems.


G. Decision


1. Approvals


If the application is properly filed, the applicant meets the eligibility requirements, and the applicant satisfies admissibility or waiver requirements, then the officer may approve the adjustment application as a matter of discretion. 


Effective Date of Residence


The date of adjustment for approved applications filed by asylees shall be one year prior to the date of being approved for permanent residence. 


For example, an asylee is granted asylum status on January 1, 2007. The asylee files for adjustment of status on March 15, 2009, and the application is approved on July 1, 2009. The date of adjustment of status is rolled back one year to July 1, 2008. This is the date that will appear on the applicant’s permanent resident card and in USCIS systems. Additionally, the one-year roll back is counted toward physical presence for naturalization purposes.


Code of Admission


An applicant who has been granted asylum status as a principal asylee is adjusted using the code “AS-6.” The AS-6 code is reserved for the principal asylee to ensure there is no confusion regarding the eligibility to file a relative petition. The AS-6 code also applies to asylees who were granted asylum through the nunc pro tunc process. An applicant who adjusts status as a spouse of an asylee (AS-2 classification) is given the code “AS-7.” An applicant who adjusts status as a child of a principal asylee (AS-3 classification) is given the code “AS-8.” 


Classes of Applicants & Corresponding Codes of Admission

Applicant

Code of Admission

Asylee (Principal)

AS6

Spouse of a Principal Asylee (AS6)

AS7

Child of a Principal Asylee (AS6)

AS8


The officer must ensure that the asylee’s new Class of Admission (COA) information is updated in the appropriate electronic systems, so that the applicant will receive a permanent resident card. After completion, cases are routed to the National Records Center (NRC).


2. Denials


If an applicant fails to establish eligibility for adjustment under this section, the application will be denied. The officer must provide the applicant with a written notice specifying the reasons for denial in clear language the applicant can understand. While there is no appeal from denial of this type of case, a motion to reopen may be considered if timely filed within 30 days of the date of the denial and received before removal proceedings are instituted. 


An applicant may also renew the application for adjustment while in removal proceedings before an Immigration Judge. If a motion includes a waiver, and the motion to reopen is granted, the officer must adjudicate the waiver before a final decision can be made on the adjustment application. 


If an officer denies the adjustment application due to ineligibility, improper filing, or abandonment of the application, the applicant should not be placed into removal proceedings and the applicant will still keep his or her asylum status. In certain instances, if officer denies the adjustment application because the applicant is inadmissible, the asylee may be placed into removal proceedings. 


Chapter 6: Termination of Status and Notice to Appear Considerations


On occasion, an officer reviewing the adjustment application will discover evidence that indicates the applicant was not eligible for asylum status at the time of asylum grant or is otherwise no longer eligible for asylum status. The officer should return the file to the Asylum Office for further review and potential termination of status. 


A. Basis


A grant of asylum does not convey a right to remain permanently in the United States and may be terminated.[18] See INA 208(c)(2). The date of the asylum grant guides the termination procedures.


Fraud in the application pertaining to eligibility for asylum at the time it was granted is grounds for termination regardless of the filing date.


1. Asylum Application Filed on or after April 1, 1997


USCIS may terminate asylum if USCIS determines that the applicant:


  • No longer meets the definition of a refugee; 


  • Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;


  • Constitutes a danger to the community of the United States, if convicted of a particularly serious crime;


  • Committed a serious nonpolitical crime outside the United States prior to arriving in the United States;


  • Is a danger to the security of the United States, including terrorist activity;


  • May be removed, to a country (other than the country of the applicant’s nationality or last habitual residence) in which the applicant’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, where the applicant is eligible to receive asylum or equivalent temporary protection;


  • Has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or


  • Has acquired a new nationality and enjoys the protection of the country of his new nationality.


2. Asylum Application Filed before April 1, 1997


USCIS may terminate the approval of asylum if USCIS determines that the applicant:


  • No longer has a well-founded fear of persecution due to changed country conditions;

  • Was convicted of a particularly serious crime or an aggravated felony;

  • Was firmly resettled in third country;

  • Can reasonably be regarded as a danger to the security of the United States; or

  • Is a persecutor or has engaged in terrorist activity.


B. Procedures


If an officer determines that termination is appropriate, he or she should forward the case to the appropriate asylum office with jurisdiction. The Asylum Office may only terminate asylum status if an Asylum Officer or a District Director granted the status. Asylum status granted by an Immigration Judge may not be terminated by USCIS since jurisdiction rests with the immigration court. In such cases, asylum offices should coordinate with the Refugee and Asylum Law Division at the Office of Chief Counsel, USCIS Headquarters.


For those cases within USCIS jurisdiction, a Notice of Intent to Terminate (NOIT) must be served on the applicant by the Asylum Office at least 30 days prior to an interview with an asylum officer. The NOIT must contain prima facie evidence supporting the termination. The grounds of termination must be proven by a preponderance of the evidence. The applicant has an opportunity to present evidence that he or she is still eligible for asylum. The officer must provide the applicant with written notice if asylum and/or related employment authorization are terminated.


An immigration judge may terminate a grant of asylum made under the jurisdiction of USCIS at any time after the applicant has been provided a Notice of Intent to Terminate (NOIT). A termination hearing may take place in conjunction with removal proceedings. 


If USICS terminates the applicant’s asylum status or the officer cannot approve the adjustment of status application due to the applicant’s inadmissibility, the officer should deny the application issue the applicant a Notice to Appear (NTA). The applicant should be placed in removal proceedings. The denial order should set forth all the reasons for the denial in clear language which can be understood by the applicant. There is no appeal from the denial of the application, but the alien may renew the application for adjustment in his or her removal proceedings before the Immigration Court.[19] See 8 CFR 209.2(e) and 8 CFR 209.2(f). 





Footnotes


1. [^] 

 See the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, Pub. L. 109-13(http://www.gpo.gov/fdsys/pkg/PLAW-109publ13/html/PLAW-109publ13.htm) (May 11, 2005).

2. [^] 

 See 8 CFR 209.2(a)(2)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15524/0-0-0-15551.html#0-0-0-11791).

3. [^] 

 See INA 101(a)(42)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-195.html#0-0-0-959).

4. [^] 

 For more information, see Chapter 6, Termination of Status and Notice to Appear Considerations [7 USCIS-PM M.6(http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartM-Chapter6.html)].

5. [^] 

 See INA 101(b)(1)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html).

6. [^] 

 See INA 204(l)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1272/0-0-0-1430.html#0-0-0-1869) and Adjudicator's Field Manual (AFM) Chapter 10.21(C), Receipting and Acceptance Processing(http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html#0-0-0-1437) for additional guidance.

7. [^] 

 See INA 101(a)(42)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-195.html#0-0-0-959).

8. [^] 

 See Matter of Khan(http://www.justice.gov/eoir/vll/intdec/vol14/2143.pdf), 14 I&N Dec. 122 (BIA 1972).

9. [^] 

 See INA 212(a)(9)(B)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2629).

10. [^] 

 See INA 212(a)(9)(B)(iii)(II)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2629).

11. [^] 

 See Matter of Arrabally and Yerrabelly(http://www.justice.gov/eoir/vll/intdec/vol25/3748%20(final).pdf), 25 I&N Dec. 771 (BIA 2012).

12. [^] 

 See 7 USCIS-PM M.3(B)(http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartM-Chapter3.html#S-B).

13. [^] 

 See 7 USCIS-PM M.3(B)(http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartM-Chapter3.html#S-B).

14. [^] 

 This is a determination made by the Department of Health and Human Services, Centers for Disease Control and Prevention.

15. [^] 

 See 8 CFR 209.2(e)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15524/0-0-0-15551.html#0-0-0-11811).

16. [^] 

 See INA 209(b)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1825.html#0-0-0-2093).

17. [^] 

 USCIS uses the Form I-291 to inform the applicant of the denial of his or her application.

18. [^] 

 See INA 208(c)(2)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1687.html#0-0-0-2031).

19. [^] 

 See 8 CFR 209.2(e) (http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15524/0-0-0-15551.html#0-0-0-11811)and 8 CFR 209.2(f)(http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15524/0-0-0-15551.html#0-0-0-11813).