Policy Manual
The USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies. The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site, and other policy repositories.
The USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies. The Policy Manual is replacing the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site, and other USCIS policy repositories. The Policy Manual contains separate volumes pertaining to different areas of immigration benefits administered by the agency, such as citizenship and naturalization, adjustment of status, and nonimmigrants. The content is organized into different volumes, parts, and chapters.
The Policy Manual provides transparency of immigration policies and furthers consistency, quality, and efficiency consistent with the USCIS mission. The Policy Manual provides all the latest policy updates; an expanded table of contents; keyword search function; and links to the Immigration and Nationality Act and Code of Federal Regulations, as well as public use forms. The Policy Manual contains tables and charts to facilitate understanding of complex topics. The Policy Manual also contains all historical policy updates.
The Policy Manual contains the official policies of USCIS and assists immigration officers in rendering decisions. The Policy Manual is to be followed by all USCIS officers in the performance of their duties but it does not remove their discretion in making adjudicatory decisions. The Policy Manual does not create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
USCIS is retiring its Adjudicator's Field Manual (AFM), a collection of our immigration policies and procedures. We are working to update and incorporate all AFM content into the USCIS Policy Manual. Until then, we have moved any remaining AFM content in PDF format to its corresponding Policy Manual Part. To the extent that a provision in the Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the Policy Manual prevails. If you have questions or concerns about any discrepancies among these resources, contact PolicyFeedback@uscis.dhs.gov.
To find remaining AFM content, see the crosswalk (PDF, 322.9 KB) between the AFM and the Policy Manual.
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Updates
Table of Contents
- Part A - Public Services
- Chapter 1 - Purpose and Background
- Chapter 2 - Web-Based Information
- Chapter 3 - Forms of Assistance
- Chapter 4 - Service Request Management Tool
- Chapter 5 - Expedite Requests
- Chapter 6 - Disability Accommodation Requests
- Chapter 7 - Privacy and Confidentiality
- Chapter 8 - Conduct in USCIS Facilities
- Chapter 9 - Feedback, Complaints, Misconduct, and Discrimination
- Part C - Biometrics Collection and Security Checks
- Chapter 1 - Purpose and Background
- Chapter 2 - Biometrics Collection
- Chapter 3 - Security Checks [Reserved]
- Part E - Adjudications
- Chapter 1 - Purpose and Background
- Chapter 2 - Record of Proceeding
- Chapter 3 - Jurisdiction
- Chapter 4 - Burden and Standards of Proof
- Chapter 5 - Verification of Identifying Information
- Chapter 6 - Evidence
- Chapter 7 - Interviews [Reserved]
- Chapter 8 - Discretionary Analysis
- Chapter 9 - Rendering a Decision
- Chapter 10 - Post-Decision Actions
- Part G - Notice to Appear
- Part A - Nonimmigrant Policies and Procedures
- Chapter 1 - Purpose and Background
- Chapter 2 - General Requirements [Reserved]
- Chapter 3 - Maintaining Status [Reserved]
- Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity
- Part C - Visitors for Business or Tourism (B)
- Part D - Exchange Visitors (J)
- Chapter 1 - Purpose and Background
- Chapter 2 - J Exchange Visitor Eligibility
- Chapter 3 - Terms and Conditions of J Exchange Visitor Status
- Chapter 4 - Waiver of the Foreign Residence Requirement
- Chapter 5 - Change of Status, Extensions of Stay, Program Transfers, and Reinstatement
- Chapter 6 - Family Members of J-1 Exchange Visitor
- Part F - Students (F, M)
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements
- Chapter 3 - Courses and Enrollment, Full Course of Study, and Reduced Course Load
- Chapter 4 - School Transfer
- Chapter 5 - Practical Training
- Chapter 6 - Employment
- Chapter 7 - Absences From the United States
- Chapter 8 - Change of Status, Extension of Stay, and Length of Stay
- Chapter 9 - Dependents
- Part I - Temporary Agricultural and Nonagricultural Workers (H-2)
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility for Temporary Agricultural Worker (H-2A) Classification [Reserved]
- Chapter 3 - Documentation and Evidence for Temporary Agricultural Worker (H-2A) Classification [Reserved]
- Chapter 4 - Adjudication of Temporary Agricultural Worker (H-2A) Petitions [Reserved]
- Chapter 5 - Post-Adjudication Issues related to Temporary Agricultural Worker (H-2A) Petitions [Reserved]
- Chapter 6 - Temporary Agricultural Worker (H-2A) Petitions Requiring Special Handling [Reserved]
- Chapter 7 - Eligibility for Temporary Nonagricultural Worker (H-2B) Classification [Reserved]
- Chapter 8 - Documentation and Evidence for Temporary Nonagricultural Worker (H-2B) Classification [Reserved]
- Chapter 9 - Adjudication of Temporary Nonagricultural Worker (H-2B) Petitions [Reserved]
- Chapter 10 - Post-Adjudication Issues related to Temporary Nonagricultural Worker (H-2B) Petitions [Reserved]
- Chapter 11 - Temporary Nonagricultural Worker (H-2B) Petitions Requiring Special Handling
- Part J - Trainees (H-3)
- Chapter 1 - Purpose and Background
- Chapter 2 - H-3 Categories
- Chapter 3 - Trainee Program Requirements
- Chapter 4 - Special Education Exchange Visitor Program Requirements
- Chapter 5 - Family Members of H-3 Beneficiaries
- Chapter 6 - Adjudication
- Chapter 7 - Admissions, Extensions of Stay, and Change of Status
- Part L - Intracompany Transferees (L)
- Chapter 1 - Purpose and Background
- Chapter 2 - General Eligibility
- Chapter 3 - Managers and Executives (L-1A)
- Chapter 4 - Specialized Knowledge Beneficiaries (L-1B)
- Chapter 5 - Ownership and Control
- Chapter 6 - Key Concepts
- Chapter 7 - Filing
- Chapter 8 - Documentation and Evidence
- Chapter 9 - Adjudication
- Chapter 10 - Period of Stay
- Part M - Nonimmigrants of Extraordinary Ability or Achievement (O)
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility for O Classification
- Chapter 3 - Petitioners
- Chapter 4 - O-1 Beneficiaries
- Chapter 5 - O-2 Beneficiaries
- Chapter 6 - Family Members
- Chapter 7 - Documentation and Evidence
- Chapter 8 - Adjudication
- Chapter 9 - Admission, Extension of Stay, Change of Status, and Change of Employer
- Part A - Protection and Parole Policies and Procedures
- Part B - Victims of Trafficking
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements
- Chapter 3 - Documentation and Evidence for Principal Applicants
- Chapter 4 - Family Members
- Chapter 5 - Documentation and Evidence for Family Members
- Chapter 6 - Bona Fide Determinations [Reserved]
- Chapter 7 - Adjudication
- Chapter 8 - Annual Cap and Waiting List
- Chapter 9 - Applicants in Removal Proceedings
- Chapter 10 - Duration and Extensions of Status
- Chapter 11 - Federal Benefits and Work Authorization
- Chapter 12 - Travel
- Chapter 13 - Revocation of Status
- Chapter 14 - Confidentiality Protections and Prohibitions Against Disclosure
- Part C - Victims of Crimes
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements for U Nonimmigrant Status
- Chapter 3 - Documentation and Evidence [Reserved]
- Chapter 4 - Adjudication
- Chapter 5 - Bona Fide Determination Process
- Chapter 6 - Waiting List
- Chapter 7 - Final Adjudication
- Chapter 8 - Post-Adjudicative Matters [Reserved]
- Part C - Child Eligibility Determinations (Orphan)
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility
- Chapter 3 - Identity and Age
- Chapter 4 - Eligibility Requirements Specific to Orphans
- Chapter 5 - Qualifying Adoptive or Custodial Relationship
- Chapter 6 - Additional Requirements
- Chapter 7 - Documentation and Evidence
- Chapter 8 - Adjudication
- Chapter 9 - Pre-Adoption Immigration Review Programs
- Part D - Child Eligibility Determinations (Hague)
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility
- Chapter 3 - Identity and Age
- Chapter 4 - Eligibility Requirements Specific to Convention Adoptees
- Chapter 5 - Qualifying Adoptive or Custodial Relationship
- Chapter 6 - Additional Requirements
- Chapter 7 - Required Order of Immigration and Adoption Steps
- Chapter 8 - Documentation and Evidence
- Chapter 9 - Adjudication
- Part B - Family-Based Immigrants
- Chapter 1 - Purpose and Background
- Chapter 2 - Principles Common to Family-Based Petitions [Reserved]
- Chapter 3 - Filing
- Chapter 4 - Documentation and Evidence for Family-Based Petitions [Reserved]
- Chapter 5 - Adjudication of Family-Based Petitions
- Chapter 6 - Post-Adjudication of Family-Based Petitions [Reserved]
- Chapter 7 - Spouses [Reserved]
- Chapter 8 - Children, Sons, and Daughters
- Chapter 9 - Parents of U.S. Citizens [Reserved]
- Chapter 10 - Siblings of U.S. Citizens [Reserved]
- Part E - Employment-Based Immigration
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements
- Chapter 3 - Successor-in-Interest in Permanent Labor Certification Cases
- Chapter 4 - Ability to Pay
- Chapter 5 - Reserved
- Chapter 6 - Permanent Labor Certification
- Chapter 7 - Schedule A Designation Petitions
- Chapter 8 - Documentation and Evidence
- Chapter 9 - Evaluation of Education Credentials
- Chapter 10 - Decision and Post-Adjudication
- Part G - Investors
- Chapter 1 - Purpose and Background
- Chapter 2 - Immigrant Petition Eligibility Requirements
- Chapter 3 - Immigrant Petition Adjudication
- Chapter 4 - Regional Center Applications
- Chapter 5 - Project Applications
- Chapter 6 - Direct and Third-Party Promoters
- Chapter 7 - Removal of Conditions
- Chapter 8 - Sanctions and Discretionary Determinations
- Part H - Designated and Special Immigrants
- Chapter 1 - Purpose and Background
- Chapter 2 - Religious Workers
- Chapter 3 - Panama Canal Zone Employees
- Chapter 4 - Certain Physicians [Reserved]
- Chapter 5 - Certain G-4 or NATO-6 Employees and their Family Members [Reserved]
- Chapter 6 - Members of the U.S. Armed Forces
- Chapter 7 - Certain Broadcasters [Reserved]
- Chapter 8 - Certain Iraqi Nationals
- Chapter 9 - Certain Afghan Nationals
- Chapter 10 - Certain Iraqi and Afghan Translators and Interpreters
- Chapter 11 - Decision and Post-Adjudication
- Part I - Family-Based Conditional Permanent Residents
- Chapter 1 - Purpose and Background
- Chapter 2 - Terms and Conditions of CPR Status
- Chapter 3 - Petition to Remove Conditions on Residence
- Chapter 4 - Joint Petitions and Individual Filing Requests
- Chapter 5 - Waiver of Joint Filing Requirement
- Chapter 6 - Decision and Post-Adjudication
- Chapter 7 - Effect of Removal Proceedings
- Part A - Adjustment of Status Policies and Procedures
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements
- Chapter 3 - Filing Instructions
- Chapter 4 - Documentation
- Chapter 5 - Interview Guidelines
- Chapter 6 - Adjudicative Review
- Chapter 7 - Child Status Protection Act
- Chapter 8 - Transfer of Underlying Basis
- Chapter 9 - Death of Petitioner or Principal Beneficiary
- Chapter 10 - Legal Analysis and Use of Discretion
- Chapter 11 - Decision Procedures
- Part B - 245(a) Adjustment
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements
- Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2))
- Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))
- Chapter 5 - Employment-Based Applicant Not in Lawful Nonimmigrant Status (INA 245(c)(7))
- Chapter 6 - Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8))
- Chapter 7 - Other Barred Adjustment Applicants
- Chapter 8 - Inapplicability of Bars to Adjustment
- Part E - Employment-Based Adjustment
- Chapter 1 - Purpose and Background [Reserved]
- Chapter 2 - Eligibility Requirements [Reserved]
- Chapter 3 - Immigrant Visa Availability and Priority Dates [Reserved]
- Chapter 4 - Documentation and Evidence [Reserved]
- Chapter 5 - Job Portability after Adjustment Filing and Other AC21 Provisions
- Chapter 6 - Adjudication [Reserved]
- Chapter 7 - National Interest Waiver Physicians [Reserved]
- Part F - Special Immigrant-Based Adjustment
- Chapter 1 - Purpose and Background
- Chapter 2 - Religious Workers
- Chapter 3 - International Employees of U.S. Government Abroad
- Chapter 4 - Panama Canal Zone Employees
- Chapter 5 - Certain Physicians
- Chapter 6 - Certain G-4 or NATO-6 Employees and their Family Members
- Chapter 7 - Special Immigrant Juveniles
- Chapter 8 - Members of the U.S. Armed Forces
- Chapter 9 - Certain Broadcasters
- Chapter 10 - Certain Afghan and Iraqi Nationals
- Part H - Reserved
- Part O - Registration
- Chapter 1 - Presumption of Lawful Admission
- Chapter 2 - Presumption of Lawful Admission Despite Certain Errors Occurring at Entry
- Chapter 3 - Children Born in the United States to Accredited Diplomats
- Chapter 4 - Noncitizens Who Entered the United States Prior to January 1, 1972
- Chapter 5 - Other Special Laws
- Part P - Other Adjustment Programs
- Chapter 1 - Reserved
- Chapter 2 - Reserved
- Chapter 3 - Reserved
- Chapter 4 - Reserved
- Chapter 5 - Liberian Refugee Immigration Fairness
- Chapter 6 - Reserved
- Chapter 7 - Reserved
- Chapter 8 - Reserved
- Chapter 9 - Amerasian Immigrants
- Chapter 10 - Reserved
- Part R - Abandonment of Lawful Permanent Residence
- Part A - Admissibility Policies and Procedures
- Part B - Health-Related Grounds of Inadmissibility
- Chapter 1 - Purpose and Background
- Chapter 2 - Medical Examination and Vaccination Record
- Chapter 3 - Applicability of Medical Examination and Vaccination Requirement
- Chapter 4 - Review of Medical Examination Documentation
- Chapter 5 - Review of Overall Findings
- Chapter 6 - Communicable Diseases of Public Health Significance
- Chapter 7 - Physical or Mental Disorder with Associated Harmful Behavior
- Chapter 8 - Drug Abuse or Drug Addiction
- Chapter 9 - Vaccination Requirement
- Chapter 10 - Other Medical Conditions
- Chapter 11 - Inadmissibility Determination
- Chapter 12 - Waiver Authority
- Part D - Criminal and Related Grounds of Inadmissibility
- Part E - Terrorism
- Part F - National Security and Related Grounds of Inadmissibility
- Chapter 1 - Purpose and Background [Reserved]
- Chapter 2 - [Reserved]
- Chapter 3 - Immigrant Membership in Totalitarian Party
- Part G - Public Charge Ground of Inadmissibility
- Chapter 1 - Purpose and Background
- Chapter 2 - Definitions
- Chapter 3 - Applicability
- Chapter 4 - Prospective Determination Based on the Totality of the Circumstances
- Chapter 5 - Statutory Minimum Factors
- Chapter 6 - Affidavit of Support Under Section 213A of the INA
- Chapter 7 - Consideration of Current and/or Past Receipt of Public Cash Assistance for Income Maintenance or Long-term Institutionalization at Government Expense
- Chapter 8 - Waivers of Inadmissibility Based on Public Charge Ground
- Chapter 9 - Adjudicating Public Charge Inadmissibility for Adjustment of Status Applications
- Chapter 10 - Public Charge Bonds
- Chapter 11 - Public Charge Bonds: Posting and Accepting Bonds
- Chapter 12 - Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds
- Part H - Labor Certification and Select Immigrant Qualifications
- Part L - Documentation Requirements
- Part M - Citizenship Ineligibility
- Part N - Noncitizens Previously Removed
- Part O - Noncitizens Unlawfully Present
- Chapter 1 - Purpose and Background [Reserved]
- Chapter 2 - Reserved
- Chapter 3 - Reserved
- Chapter 4 - Reserved
- Chapter 5 - Reserved
- Chapter 6 - Effect of Seeking Admission Following Accrual of Unlawful Presence
- Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders
- Part C - Family Unity, Humanitarian Purposes, or Public or National Interest
- Part E - Criminal and Related Grounds of Inadmissibility
- Part G - Unlawful Presence
- Part H - Provisional Unlawful Presence
- Part I - Immigrant Membership in Totalitarian Party
- Part J - Alien Smuggling
- Part K - Noncitizens Subject to Civil Penalty
- Part L - Refugees and Asylees
- Part M - Temporary Protected Status Applicants
- Part N - Special Immigrant Juvenile Adjustment Applicants
- Part O - Victims of Trafficking
- Chapter 1 - Purpose and Background [Reserved]
- Chapter 2 - Waivers for Victims of Trafficking
- Chapter 3 - INA 212(d)(13) Waivers
- Chapter 4 - INA 212(d)(3) Waivers
- Chapter 5 - Adjudication and Post-Adjudication Matters
- Part P - Crime Victims
- Part Q - Violence Against Women Act Applicants
- Part R - Other Waivers and Provisions Overcoming Inadmissibility
- Part A - Employment Authorization Policies and Procedures
- Chapter 1 - Purpose and Background
- Chapter 2 - Eligibility Requirements
- Chapter 3 - Documentation and Evidence [Reserved]
- Chapter 4 - Adjudication
- Chapter 5 - Reserved
- Chapter 6 - Card Production and Card Correction [Reserved]
- Chapter 7 - Post-Decision Actions [Reserved]
- Part D - General Naturalization Requirements
- Chapter 1 - Purpose and Background
- Chapter 2 - Lawful Permanent Resident Admission for Naturalization
- Chapter 3 - Continuous Residence
- Chapter 4 - Physical Presence
- Chapter 5 - Modifications and Exceptions to Continuous Residence and Physical Presence
- Chapter 6 - Jurisdiction, Place of Residence, and Early Filing
- Chapter 7 - Attachment to the Constitution
- Chapter 8 - Educational Requirements
- Chapter 9 - Good Moral Character
- Part H - Children of U.S. Citizens
- Chapter 1 - Purpose and Background
- Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization
- Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)
- Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)
- Chapter 5 - Child Residing Outside the United States (INA 322)
- Chapter 6 - Special Provisions for the Naturalization of Children
- Part I - Military Members and their Families
- Chapter 1 - Purpose and Background
- Chapter 2 - One Year of Military Service during Peacetime (INA 328)
- Chapter 3 - Military Service during Hostilities (INA 329)
- Chapter 4 - Permanent Bars to Naturalization
- Chapter 5 - Application and Filing for Service Members (INA 328 and 329)
- Chapter 6 - Required Background Checks
- Chapter 7 - Revocation of Naturalization
- Chapter 8 - Posthumous Citizenship (INA 329A)
- Chapter 9 - Spouses, Children, and Surviving Family Benefits
Volume 1 - General Policies and Procedures
Part A - Public Services
Chapter 1 - Purpose and Background
A. Purpose
USCIS is the government agency that administers lawful immigration to the United States. USCIS has nearly 20,000 government employees and contractors working at more than 200 offices around the world. USCIS ensures its employees have the knowledge and tools needed to administer the lawful immigration system with professionalism. USCIS provides accessible, reliable, and accurate guidance and information about its public services.
This part provides guidance on USCIS public services, privacy, online tools, and other general administration topics.
B. Background
On March 1, 2003, USCIS assumed responsibility for the immigration service functions of the federal government. The Homeland Security Act of 2002 dismantled the Immigration and Naturalization Service (INS) and separated the agency into three components within the Department of Homeland Security (DHS).[1]
The Homeland Security Act created USCIS to enhance the security and efficiency of national immigration services by focusing exclusively on the administration of benefit applications. The law also formed Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to oversee immigration enforcement and border security.
USCIS benefits from a legacy of more than 100 years of federal immigration and naturalization administration.[2] The Agency History page on USCIS’ website provides information about the agency’s history, presents research from the History Office’s historians, and makes selected historical documents available electronically.
C. Mission Statement
USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.[3]
D. Legal Authorities
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Homeland Security Act of 2002, Pub. L. 107–296 (PDF)[4] – Dismantled the INS and created USCIS to enhance the security and efficiency of national immigration services by focusing exclusively on the administration of benefit applications
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Privacy Act of 1974, 5 U.S.C. 552a (PDF), as amended[5] – Establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about persons that is maintained in systems of records by federal agencies
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Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (PDF)[6] – Ensuring persons with a disability are not excluded from participation in or subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any federal agency
Footnotes
[^ 1] See Homeland Security Act of 2002, Pub. L. 107–296 (PDF), 116 Stat. 2135 (November 25, 2002).
[^ 2] See the Organizational Timeline page on USCIS’ website.
[^ 3] See the About Us page on USCIS’ website.
[^ 4] See Pub. L. 107–296 (PDF), 116 Stat. 2135 (November 25, 2002).
[^ 5] See Pub. L. 93-579 (PDF), 88 Stat. 1896 (December 31, 1974).
[^ 6] See Section 504 of Pub. L. 93-112 (PDF), 87 Stat. 355, 394 (September 26, 1973).
Chapter 2 - Web-Based Information
A. Website
The USCIS website (uscis.gov) provides the public with access to current information about USCIS’ work, as well as current news releases, alerts, and other updates.
The USCIS website provides the following:
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Timely and accurate information on immigration and citizenship services and benefits offered by USCIS;
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Easy access to forms, form instructions, agency guidance, and other information required to successfully submit applications and petitions;
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The latest news and policy updates, including progress in support of Executive Orders;
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Information on outreach events and efforts; and
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Information on ways to contact USCIS.[1]
USCIS designed the website to accommodate easy navigation to highly trafficked pages directly from the home page, as well as a logical structure and search capability for easy access to all other pages.
In addition to uscis.gov, USCIS also hosts the following sub-sites:
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myUSCIS – Allows stakeholders to explore immigration options, create an online USCIS account, locate a physician to complete medical exams, practice the civics test, and complete other tasks online
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Citizenship Resource Center – Hosts information and resources designed to assist prospective citizens
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USCIS Policy Manual – The agency’s centralized online repository for USCIS’ immigration policies[2]
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InfoPass – System used by USCIS Contact Center for scheduling in-person services at domestic field offices on behalf of benefit requestors and other interested parties.
USCIS makes every effort to provide complete and accurate information on its website. USCIS does its best to update information and correct errors brought to its attention as soon as possible. Both the English language and Spanish language pages are updated at the same time, as appropriate.
B. Social Media
Social media is an informal means of communication that also connects benefit requestors and other interested parties with core information and services on the USCIS website. In this way, social media complements the USCIS website and increases USCIS’ ability to communicate with the public.
USCIS’ social media presence includes:
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Twitter (Main and for E-Verify) – for concise information and news, usually accompanied by links back to uscis.gov
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Facebook – for information and news, usually accompanied by links back to uscis.gov
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YouTube – for videos
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Instagram – for photos and informational graphics
The USCIS Office of Public Affairs (OPA) manages all USCIS social media accounts, working with various USCIS leadership and other offices to develop content. USCIS’ posts are visible to anyone with internet access.
USCIS generally uses social media to make information and services widely available to the general public, to promote transparency and accountability, and to help those seeking information or services from USCIS. USCIS posts information only after it has been appropriately approved and vetted by OPA. Only USCIS employees acting in their official capacity are authorized to post to USCIS social media sites.
Comments on USCIS’ social media channels are visible to the public. To protect their privacy, commenters should not include full names, phone numbers, email addresses, Social Security numbers, case numbers, or any other private information in comments.
USCIS does not moderate user comments on its channels before posting, but reserves the right to remove any materials that pose a security risk or otherwise violate the USCIS social media policy. Any opinions expressed in comments, except as specifically noted, are those of the individual commenters and do not reflect any agency policy, endorsement, or action. USCIS does not collect or retain comments in its records.
Use of each social media site is governed by that site’s privacy policy.[3]
Footnotes
[^ 1] See the Contact Us page on USCIS’ website.
[^ 2] The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site, and other policy repositories.
[^ 3] See the USCIS website for information on Social Media Policy.
Chapter 3 - Forms of Assistance
A. In-Person
1. Local Field Office
Persons with case-specific inquiries who have tried using the online tools and have not been able to attain the information they are looking for may call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833). In-person appointments at Field Offices are reserved for critical services that require a person’s physical presence in the office to resolve the issue.
2. Community Outreach
USCIS engages in community outreach programs to educate and increase public awareness, increase dialogue and visibility, and solicit feedback on USCIS operations. During outreach events in local communities, USCIS employees do not respond to case-specific inquiries. Anyone asking case-specific questions at outreach events should be directed to submit their inquiry through appropriate channels.
The topics of community outreach programs are varied. Information on past and future outreach events can be found on the USCIS website. The website provides a list of future engagements and instructions on how to register to attend. Many events also have call-in numbers for those unable to attend in person. The website also contains notes and supporting documents from previous engagements.
B. Online
1. USCIS Online Account
USCIS online accounts allow applicants, petitioners, and representatives to access personalized, real-time information related to their individual case 24 hours a day through any internet-connected device. Persons can also communicate directly with the USCIS Contact Center through the secure messaging function to receive email responses to their case-specific inquiries. This is the easiest and most comprehensive way to communicate with USCIS regarding case-specific issues.
2. Online Messages
Benefit requestors can send messages and inquiries directly to the USCIS Contact Center, without an online account, and receive an email or phone response within 24 to 48 hours. Since these messages are outside of USCIS’ secure online account experience, Contact Center staff are limited from sharing case-specific information to ensure the privacy of benefit requestors. The USCIS online account is the preferred method of contacting the agency for easy, timely, and effective responses to case-specific inquiries.
3. Emma and Live Web Chat
Emma is the USCIS Virtual Assistant. Emma can provide immediate responses to non-case-specific questions about immigration services and benefits, guide users through our comprehensive website, and connect benefit requestors and other interested parties to a live agent through web chat for more in-depth topics and questions.
4. Email
USCIS offices may provide designated email boxes for case-specific inquiries about a pending or adjudicated petition or application. Before submitting an inquiry, the person inquiring should review all available information listed on the USCIS Contact Us web page to ensure that the inquiry is properly routed.
USCIS officers should use caution when responding to email inquiries requesting case-specific information, as issues of privacy and identity may arise.[1]
C. Telephone
1. USCIS Contact Center
For the convenience of benefit requestors and other interested parties located within the United States, USCIS provides a toll-free phone number answered by the USCIS Contact Center available 24 hours a day, 7 days a week. Automated information accessed through a menu of interactive options is always available. For information on when live help through a USCIS representative is available, see the USCIS Contact Center web page.
The toll-free phone number for the USCIS Contact Center is 1-800-375-5283 (TTY for the deaf, hard of hearing, or person with a speech disability: 1-800-767-1833).
Multi-Tiered Structure
The USCIS Contact Center provides escalating levels of service to handle inquiries of increasing complexity, primarily through an Interactive Voice Response (IVR) system and a multi-tiered level of live assistance.
IVR – Callers initially have the opportunity to have their questions answered directly by the IVR system. If additional assistance is needed, callers may request live assistance by selecting that option from within the IVR.
Tier 1 – Tier 1 is the first level of live assistance. Tier 1 staff members, who are contract employees, provide basic case-specific and general non-case-specific information. These responses follow a formatted script.
Tier 2 – If Tier 1 is unable to completely resolve an inquiry, the call may be transferred to the Tier 2 level of live assistance to be answered by a USCIS officer.
Callers may, at any time, request to have a call directed to a supervisor.
If an inquiry involves a case physically located at a domestic USCIS field office or service center, the USCIS Contact Center may create a service request. The service request is automatically routed to the USCIS office that can best resolve the inquiry. If an inquiry involves a case physically located at an international USCIS field office, the USCIS Contact Center may provide the caller with that office’s contact information and refer the inquiry, as appropriate.
2. International Service
Persons located outside of the United States should contact the international office with jurisdiction over their place of residence. USCIS provides a complete listing of international jurisdictions and field offices and their phone numbers on the International Immigration Offices page of the USCIS website.
3. Military Help Line
USCIS provides a toll-free military help line exclusively for members of the military and their families. For information on when USCIS military help line staff are available to answer calls, see the Military Help Line web page. After-hours callers will receive an email address they can use to contact USCIS for assistance.
The toll-free phone number for the military help line is 1-877-CIS-4MIL (1-877-247-4645) (TTY: for the deaf, hard of hearing, or person with a speech disability: 1-800-767-1833).
4. Premium Processing Line
USCIS provides a toll-free phone number exclusively for inquiries about petitions filed under the Premium Processing program.[2] The toll-free phone number for the Premium Processing Line is 1-866-315-5718.
5. Intercountry Adoptions Line
USCIS provides a toll-free phone number exclusively for inquiries about domestically filed applications and petitions under the Orphan and Hague intercountry adoption programs.[3] The toll-free phone number for the Intercountry Adoptions Line is 1-877-424-8374.
D. Traditional Mail or Facsimile
1. Traditional Mail
General mailing addresses are publicly available to allow the submission of applications and petitions, responses to requests for evidence, or service requests in a hard copy format.[4] Dedicated mailing addresses are available, as appropriate, to aid specific USCIS processes.
Mailing addresses are available at the Find a USCIS Office page on the USCIS website.
2. Facsimile (Fax)
USCIS does not provide general delivery facsimile (fax) numbers. While USCIS does not publish dedicated fax numbers, USCIS offices have the discretion to provide a fax number when appropriate. For example, an officer may provide a fax number for the purpose of submitting documentation electronically to aid in the efficient resolution of a case or as a method to expedite delivery of requested documents or information. Documents should not be submitted by fax unless specifically requested by a USCIS employee.
Footnotes
[^ 1] See Chapter 7, Privacy and Confidentiality [1 USCIS-PM A.7].
[^ 2] See the USCIS website for more information on Premium Processing Service. See Request for Premium Processing Service (Form I-907).
[^ 3] See the USCIS website for additional adoption-related contact information and more details about Orphan or Hague Process.
[^ 4] A service request is a tool that allows stakeholders to place an inquiry with USCIS for certain applications, petitions, and services. Service requests may also be submitted through the USCIS Contact Center or online. See Chapter 4, Service Request Management Tool [1 USCIS-PM A.4].
Chapter 4 - Service Request Management Tool
A. Generating Service Requests
1. USCIS-Generated
The Service Request Management Tool (SRMT) provides USCIS staff the ability to record and transfer unresolved service requests by benefit requestors and other interested parties to the appropriate USCIS service center, domestic USCIS field office, or USCIS asylum office where the application or petition is pending a decision or was adjudicated.
If an inquiry received through a call to the USCIS Contact Center cannot be resolved during the call, and the inquiry warrants creation of a service request, USCIS Contact Center staff will create a service request. Although the majority of service requests are created by staff at the USCIS Contact Center, officers in other locations may also create service requests. Using the SRMT to create a service request allows the person inquiring to receive a response without having to call the USCIS Contact Center again or return to a USCIS office in most instances.
2. Self-Generated
By using an online portal, a person may create a service request in the following categories:
- Change of address (COA) request (unless filing as a Violence Against Women Act (VAWA), T nonimmigrant, or U nonimmigrant applicant or petitioner);[1]
- Request regarding a notice, card, or other document that was not received;
- Request regarding a case outside normal processing time;
- Request for accommodations;[2] or
- Request for correction of a typographic error.
Benefit requestors may also submit a service request by mailing in a hard copy to a domestic USCIS field office.[3]
B. Responding to Service Requests
1. Timely Response
The USCIS office receiving a service request should take the necessary steps to communicate directly with the benefit requestor about the inquiry or timely relocate the inquiry to another office or organization when appropriate.
USCIS categorizes a service request based upon the urgency and request type, and assigns a target completion date based on the category. USCIS completes requests within each category on a first-in, first-out basis. In general, the goal for resolution of service requests is 15 calendar days from the date of creation.
2. Prioritized Requests
The following requests receive processing priority and should be responded to within 7 calendar days from the date of creation:
Change of Address
USCIS must process change of address (COA) requests at the earliest opportunity to reduce the potential for undeliverable mail and associated concerns. The address recorded on all open associated application or petition receipts must be updated unless instructed otherwise by the person. Address changes are only limited to select identified receipts when the person explicitly requests the COA request be restricted.
When the address listed for the applicant in any request is different from the address listed in USCIS information systems, it is considered to be an address change request, regardless of whether the request was specifically for a COA or for another reason. The address in the request is then used to change address records on all directly related receipts.
However, no COA request is inferred if the service request was initiated by a representative and the address listed in the request is the representative’s address. Also, in these situations, a copy of the response should be mailed to the petitioner or applicant at his or her address of record.
USCIS does not accept COA requests on a VAWA, T nonimmigrant, or U nonimmigrant-related application or petition that are received through an SRMT. A hard-copy, signed COA request submitted through traditional mail is required. Offices should respond to VAWA, T nonimmigrant, and U nonimmigrant COA requests using the standard language.[4]
Expedite Requests[5]
Expedite service requests are self-identified as urgent. The person requesting expedited service may be required to submit evidence to the office processing their case to support the expedite request.
Reasonable Accommodation[6]
Reasonable accommodation service requests must be responded to in accordance with the disability accommodations policy.
Military Referral
Military referrals have implied urgency based upon the uncertainty of reassignments and deployments.
Footnotes
[^ 1] For information on COA in VAWA, T, U, see Chapter 7, Privacy and Confidentiality, Section E, VAWA, T, and U Cases [1 USCIS-PM A.7(E)].
[^ 2] See Chapter 6, Disability Accommodation Requests [1 USCIS-PM A.6].
[^ 3] See Chapter 3, Forms of Assistance, Section D, Traditional Mail or Facsimile [1 USCIS-PM A.3(D)].
[^ 4] See Section E, VAWA, T, and U Cases, Subsection 3, USCIS Assistance [1 USCIS-PM A.7(E)(3)].
[^ 5] Expedite requests are distinct from premium processing. For information on expedite requests and premium processing, see Chapter 5, Expedite Requests [1 USCIS-PM A.5].
[^ 6] See Chapter 6, Disability Accommodation Requests [1 USCIS-PM A.6].
Chapter 5 - Expedite Requests
Immigration benefit requestors or their authorized representative may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion that is under USCIS jurisdiction.[1] USCIS considers all expedite requests on a case-by-case basis in the exercise of discretion and generally requires documentation to support such requests. The decision to expedite is within the sole discretion of USCIS.
As expediting an application, petition, request, appeal, or motion generally means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, USCIS carefully weighs the urgency and merit of each expedite request.
A. Expedite Criteria or Circumstances
USCIS may expedite adjudication of an application, petition, request, appeal, or motion at its discretion. USCIS considers the totality of the circumstances and evidence submitted in support of an expedite request.
Relevant criteria or circumstances that may be considered in determining whether to grant an expedite request include, but are not limited to, the following:
- Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence.[2]
- Emergencies or urgent humanitarian situations.
- Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States.
- Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests.
- Clear USCIS error.
1. Severe Financial Loss as a Basis for Expedited Treatment
A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.
In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.
2. Expedited Treatment Based on Emergency or Urgent Humanitarian Situations
In the context of an expedite request, an emergency or urgent humanitarian situation is a pressing or critical circumstance related to human welfare. Human welfare means issues related to the well-being of a person or group. Examples include, but are not limited to, illness, disability, death of a family member or close friend, or extreme living conditions, such as those caused by natural catastrophes or armed conflict.
USCIS considers requests related to a requestor’s individual welfare and requests that are related to the welfare of others. For example, to facilitate the well-being of an individual, USCIS may expedite a benefit request where a vulnerable person’s safety may be otherwise compromised. To facilitate the well-being of others, for example, USCIS may expedite employment authorization for healthcare workers during a pandemic.
Certain benefit requests, such as asylum applications, refugee applications, and requests for humanitarian parole, by their nature involve urgent humanitarian situations. Therefore, filing a humanitarian-based benefit, standing alone, without evidence of other time-sensitive or compelling factors, generally may not warrant expedited treatment under this criterion.[3]
Travel-Related Requests
USCIS considers expedited processing of an Application for Travel Document (Form I-131) when there is a pressing or critical need for an applicant to travel outside the United States.
Expedited processing of a travel document may be warranted when there is an unexpected event, such as the pressing or critical need to travel outside the United States to obtain medical treatment in a limited amount of time, or due to the death or grave illness of a family member or close friend.
Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When the need to expedite issuance of a travel document is related to a planned event, USCIS considers whether the applicant timely filed the Form I-131 or timely responded to a request for evidence.[4]
For example, a requestor may have applied for a travel document 5 months ago when they learned of the event, but their case remains pending, and they must travel for an event which is now in 45 days, such as for a:
- Work or professional commitment (such as a meeting, conference, forum, seminar, or training);
- Academic commitment (such as a study abroad program, research trip, forum, seminar, conference, or practicum); or
- Personal commitment (such as a wedding or graduation).
The examples of travel-related emergencies provided above are not exhaustive. Officers should review travel-related expedite requests on a case-by-case basis to determine if the need to travel is pressing or critical.
A benefit requestor’s desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.
3. Nonprofit Organization Seeking Expedited Treatment
A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific “social” U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone.
4. Expedited Treatment Based on Government Interests
Government interests refer to interests of any federal, state, tribal, territorial, or local government of the United States.[5] This includes cases identified as urgent by the government because they involve public interest, public safety, national interest, or national security interests. The request must be made by a person who has authority to represent the agency or department, such as an official, manager, supervisor, or tribal leader, on the matter for which expedited treatment is being requested. The request must demonstrate that the interests are pressing and substantive.
Where a federal agency or department identifies an articulable federal government interest in accordance with these criteria, USCIS generally defers to that federal agency or department’s assessment.
If the request relates to employment authorization, the request must demonstrate that the need for the applicant to be authorized to work is critical to the mission of the requesting agency or department, and goes beyond a general need to retain a particular worker or person. For example, an applicant for employment authorization may warrant expedited processing based on government interests when the applicant is a victim or witness who is cooperating with the government and needs employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.
5. Clear USCIS Error
USCIS may consider an expedite request based on clear USCIS error when a requestor establishes an urgent need to correct the error. For example, an applicant who receives an Employment Authorization Document with incorrect information that prevents them from being able to work may request a replacement document on an expedited basis if USCIS caused the error.[6]
B. How to Request Expedited Processing
The process to request expedited processing may vary by form type and the office that has jurisdiction over the benefit request. USCIS provides specific information on submitting expedite requests on the Expedite Requests webpage.
Benefit requestors must demonstrate their need for expedited processing. Generally, USCIS requires documentation to support expedite requests. When additional documentation is needed, USCIS asks the requestor to submit supporting evidence.
1. Premium Processing
A benefit requestor cannot request expedited processing for petitions and applications where premium processing service is available for their filing category unless they meet the exception for certain nonprofit organizations.
A benefit requestor that is designated as a nonprofit organization by the IRS seeking a beneficiary whose services are needed in furtherance of the cultural or social interests of the United States may request that the benefit it seeks be expedited without a fee, even if premium processing is available for that benefit.[7] USCIS retains discretion not to expedite the benefit request. The benefit requestor may also request premium processing for the benefit.
C. How USCIS Processes Requests for Expedited Treatment
Using its discretion, USCIS considers expedite requests according to the criteria and circumstances described above. Not every circumstance that fits under the criteria or examples above necessarily results in expedited processing.[8]
Circumstances that Impact USCIS' Ability to Expedite
Some circumstances may prolong or inhibit USCIS’ ability to expedite certain benefit requests. Examples include, but are not limited to, when:
- The benefit requestor must perform a certain action or submit additional documentation or evidence, such as attend a biometric services appointment, be interviewed, or complete any required immigration medical examination;[9]
- There is a required background check that remains pending with a third-party agency;
- An application or petition requires an on-site inspection;[10] or
- An application or petition is dependent on the adjudication of a principal’s application or petition.
Responding to Expedite Requests
USCIS generally sends a response to expedite requests that are submitted through the Contact Center. However, to increase efficiency in processing expedite requests, USCIS generally does not provide justifications regarding expedite decisions.
Requestors in Removal Proceedings
Expedited processing of benefit requests for noncitizens with final orders of removal or noncitizens in removal proceedings is coordinated between USCIS and U.S. Immigration and Customs Enforcement (ICE).[11]
Footnotes
[^ 1] Expedite procedures may vary by form type and the office that has the benefit request. For example, there are specific processes and requirements for requests to expedite certain benefits, such as asylum applications, refugee applications, and requests for humanitarian parole, among others. For more information, see specific procedures information on the Expedite Requests webpage.
[^ 2] For more information on timely filed requests, see Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests [1 USCIS-PM B.6]. For more information about failure to timely respond to Requests for Evidence and Notices of Intent to Deny, see Part E, Adjudications, Chapter 6, Evidence, Section F, Requests for Evidence and Notices of Intent to Deny [1 USCIS-PM E.6(F)].
[^ 3] Expedite procedures may vary by form type and the office that has the benefit request. For example, there are specific processes and requirements for requests to expedite certain benefits, such as asylum applications, refugee applications, and requests for humanitarian parole, among others. For more information, see specific procedures information on the Expedite Requests webpage.
[^ 4] USCIS considers a Form I-131 timely filed when the applicant files as soon as practicable after learning of the planned event. However, USCIS provides certain flexibilities if the applicant’s failure to timely file or respond to a request for evidence is because of a situation outside of the applicant’s control, such as an emergency or unforeseen circumstance. See the Immigration Relief in Emergencies or Unforeseen Circumstances webpage.
[^ 5] Examples include, but are not limited to, the Equal Employment Opportunity Commission, National Labor Relations Board, National Transportation Safety Board, U.S. Department of Defense, U.S. Department of Health and Human Services, U.S. Department of Justice, U.S. Department of Labor, U.S. Department of Commerce, U.S. Department of State, and other DHS agencies.
[^ 6] For more information about correcting documents based on USCIS error, see the Updating or Correcting Your Documents webpage.
[^ 7] See Section A, Expedite Criteria or Circumstances, Subsection 3, Nonprofit Organization Seeking Expedited Treatment [1 USCIS-PM A.5(A)(3)].
[^ 8] See Section A, Expedite Criteria or Circumstances [1 USCIS-PM A.5(A)].
[^ 9] For more information, see Part C, Biometrics Collection and Security Checks [1 USCIS-PM C]; Part E, Adjudications [1 USCIS-PM E]; and Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B].
[^ 10] USCIS cannot expedite certain aspects of its processing, including on-site inspections.
[^ 11] See Part E, Adjudications, Chapter 3, Jurisdiction, Section A, Coordination in Cases Involving Removal Proceedings [1 USCIS-PM E.3(A)].
Chapter 6 - Disability Accommodation Requests
A. Background
USCIS accepts requests for accommodations from benefit requestors, other interested parties, and other persons with disabilities who use USCIS services and access USCIS facilities. Accommodation requests may be made in advance for instances that include, but are not limited to:
- An interview with an officer;
- An oath ceremony; or
- A USCIS-sponsored public event.
Accommodations ensure compliance with Section 504 of the Rehabilitation Act of 1973,[1] which states that “[n]o otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency.”[2] It is USCIS policy to provide equal access to its benefits, services, and activities for persons with disabilities, and to provide religious accommodations in accordance with applicable requirements.
B. Reasonable Accommodation
The essential feature of an accommodation is that it allows the person with a disability to participate in the process or activity. While USCIS is not required to make major modifications that would result in a fundamental change to the processes or cause an undue burden for the agency, USCIS makes every effort to provide accommodations to persons with disabilities. Reasonable accommodations vary, depending on the situation and the person’s disability.
Benefit requestors must satisfy all of the legal requirements to receive an immigration benefit; however, USCIS must provide reasonable accommodations to persons with disabilities to afford them the opportunity to meet those requirements.
Examples of accommodations include, but are not limited to:
- Those unable to use their hands may be permitted to take a test orally rather than in writing;
- Those who are deaf or hard of hearing may be provided with a sign language interpreter for a USCIS-sponsored event;[3]
- Those unable to speak may be allowed to respond to questions in an agreed-upon nonverbal manner;[4]
- Those unable to travel to a designated USCIS location for an interview due to a disabling condition may be interviewed at their home or a medical facility.
C. Requesting Accommodation
1. How to Make a Disability Accommodation Request
To request disability accommodation for any phase of the application process, benefit requestors, other interested parties, and other persons with disabilities who use USCIS services and access USCIS facilities, should generally submit the request online using the Disability Accommodations for Appointments tool.[5] Requestors should submit accommodation requests to USCIS as soon as they are aware of the need for an accommodation for a particular event. The more advance notice USCIS has, the more likely it will be able to make appropriate arrangements for the accommodation request.[6]
2. USCIS Points-of-Contact
To ensure accountability, each field office, application support center (ASC), or asylum office must designate at least one employee to be responsible for handling accommodation requests. All employees should be aware of the procedures for handling such requests.
If a requestor contacts the field office, ASC, or asylum office directly to request a disability accommodation for an interview, the office may enter a service request into the Service Request Management Tool (SRMT) to work with the requestor to respond to the request, and mark the request as fulfilled when it is complete so that the request and the response are recorded.
Offices are encouraged to provide reasonable accommodation requests made by walk-ins whenever practical. If the accommodation is not available, the office should inform the requestor that the office is not able to provide the accommodation at that time, but that arrangements can be made to provide the accommodation for a future appointment or event.
3. USCIS Review
USCIS evaluates each request for a reasonable accommodation on a case-by-case basis. The Public Disability Access Coordinator must generally concur on any alternative accommodation offered or any accommodation denial before the office communicates either action to the requestor.
While a requestor is not required to include documentation of a medical condition in support of a reasonable accommodation request, an office may need documentation to evaluate the request in rare cases. In these situations, the office must consult the Public Disability Access Coordinator for guidance before the USCIS office requests medical documentation to support an accommodation request.
4. Review Timeframe
In general, the affected USCIS office determines whether it may reasonably comply with the accommodation request within 7 calendar days of receiving the request, unless unusual circumstances exist.
If an accommodation is warranted, it should be provided on the date and time of the scheduled event; rescheduling should be avoided, if possible. If an accommodation cannot be provided for the originally scheduled event, the requestor should be notified as soon as possible. Any rescheduling should occur within a reasonable period of time.
5. Reconsideration of Denied Request
To request a reconsideration of a denial of a disability accommodation request, the requestor should call the USCIS Contact Center and provide any new information they have in support of their request. Upon receiving the request, the relevant office must review the prior request and any additional information provided. The office should contact the requestor if additional information is needed.
Generally, all affirmed denials must be approved by the Public Disability Access Coordinator, the field office director, ASC manager, or asylum office director, whichever applies.
Footnotes
[^ 1] See Pub. L. 93-112 (PDF) (September 26, 1973).
[^ 2] See Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (PDF), 87 Stat. 355, 394 (September 26, 1973), codified at 29 U.S.C. 794(a). See 6 CFR 15.3 for applicable definitions relating to enforcement of nondiscrimination on the basis of disability in Department of Homeland Security (DHS) federal programs or activities, which includes those conducted by USCIS. See Volume 1, General Policies and Procedures, Part A, Public Service, Chapter 9, Feedback, Complaints, Misconduct, and Discrimination, Section D, Allegations of Discrimination, Subsection 1, Anti-Discrimination Policy [1 USCIS-PM A.9(D)(1)].
[^ 3] This applies to any member of the public who wants to attend the event, such as a naturalization ceremony or an outreach engagement.
[^ 4] Offices should understand that, while the inability to speak is considered a disability under the Rehabilitation Act, the inability to speak the English language (while being able to speak a foreign language) is not considered a disability under the Act. Therefore, no accommodation is required and one should not be provided if a requestor is unable to speak English. No request for an interpreter should be approved unless the requestor is otherwise eligible. See, for example, 8 CFR 312.4.
[^ 5] For additional instructions on how to submit a disability accommodation request, see the Disability Accommodations for the Public webpage. Applicants who cannot submit their request online should call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833).
[^ 6] For more information on service requests, see Chapter 4, Service Request Management Tool [1 USCIS-PM A.4]. For information on handling disability accommodations related to asylum cases, see Chapter 7, Privacy and Confidentiality, Section F, Asylees and Refugees, Subsection 3, USCIS Assistance [1 USCIS-PM A.7(F)(3)].
Chapter 7 - Privacy and Confidentiality
A. Privacy Act of 1974
The Privacy Act provides that federal agencies must protect against the unauthorized disclosure of personally identifiable information (PII) that it collects, disseminates, uses, or maintains.[1] The Privacy Act requires that personal information belonging to U.S. citizens and lawful permanent residents (LPRs) be protected from unauthorized disclosure. Violations of these requirements may result in civil and criminal penalties.
B. Fair Information Practice Principles
DHS treats all persons, regardless of immigration status, consistent with the Fair Information Practice Principles (FIPPs).[2] The FIPPs are a set of eight principles that are rooted in the tenets of the Privacy Act of 1974. The principles are:
- Transparency;
- Individual participation;
- Purpose specification;
- Data minimization;
- Use limitation;
- Data quality and integrity;
- Security; and
- Accountability and auditing.
The table below provides a description of each principle.
Principle | Description |
---|---|
Transparency | DHS provides transparency for how it handles sensitive information through various mechanisms, including Privacy Impact Assessments, System of Records Notices, Privacy Act Statements, and the Freedom of Information Act (FOIA). |
Individual Participation | To the extent practicable, DHS should involve persons in the process of using their personal information, and they may always request information about themselves through a FOIA request. |
Purpose Specification | DHS’ default action should be to not collect information, and if it is otherwise necessary, DHS should articulate the authorities that permit collection and must clearly state the purposes of the information collection. |
Data Minimization | DHS collects only information relevant and necessary to accomplish the purposes specified and special emphasis is placed on reducing the use of sensitive personal information, where practical. |
Use Limitation | Any sharing of information outside of the agency must be consistent with the use or purpose originally specified. |
Data Quality and Integrity | DHS should, to the extent practical, ensure that PII is accurate, relevant, timely, and complete. |
Security | DHS uses appropriate security safeguards against risks such as loss, unauthorized access or use, destruction, modification or unintended or inappropriate disclosure. |
Accountability and Auditing | DHS has a number of accountability mechanisms, including reviews of its operations, training for employees, and investigations when appropriate. |
C. Personally Identifiable Information
DHS defines PII as any information that permits the identity of a person to be directly or indirectly inferred, including any information which is linked or linkable to that person regardless of whether the person is a U.S. citizen, lawful permanent resident (LPR), visitor to the United States, or a DHS employee or contractor.[3]
Sensitive PII is defined as information which, if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to a person.[4] Some examples of PII that USCIS personnel may encounter include:
- Name;
- Address;
- Date of birth; and
- Certificate of Naturalization or Citizenship number.
- Alien number (A-number);
- Social Security number;
- Driver’s license or state ID number;
- Passport number; and
- Biometric identifiers.
USCIS employees have a professional and legal responsibility to protect the PII the agency collects, disseminates, uses, or maintains. All USCIS employees must follow proper procedures when handling all PII and all information encountered in the course of their work. All USCIS employees processing PII must know and follow the policies and procedures for collecting, storing, handling, and sharing PII. Specifically, USCIS employees must:
- Collect PII only when authorized;
- Limit the access and use of PII;
- Secure PII when not in use;
- Share PII, only as authorized, with persons who have a need to know; and
- Complete and remain current with all privacy, computer security, and special protected class training mandates.
D. Case-Specific Inquiries
USCIS receives a variety of case-specific inquiries, including requests for case status updates, accommodations at interviews, appointment rescheduling, and the resolution of other administrative issues. USCIS personnel are permitted to respond to these inquiries if:
- The requestor is entitled to receive the requested case-specific information; and
- Disclosure of the requested case-specific information would not violate Privacy Act requirements or other special protected class confidentiality protections.
1. Verifying Identity of Requestor
USCIS employees must verify the identity of a person inquiring about a specific application or petition. For in-person inquiries, those present must provide a government-issued identity document so that USCIS can verify their identity.
For inquiries not received in person (for example, those received through telephone call or email), it may be difficult to verify the identity of the person making the request through a government-issued document. In these cases, USCIS employees should ask for specific identifying information about the case to ensure that it is appropriate to communicate case-specific information. Examples of identifying information include, but are not limited to: receipt numbers, A-numbers, full names, dates of birth, email addresses, and physical addresses.
If a person is unable to provide identifying information that an applicant, petitioner, or representative should reasonably know, USCIS employees may refuse to respond to the request, or direct the requestor to make an appointment at a local field office or create a myUSCIS account.
2. Disclosure of Information
Except for case types with heightened privacy concerns,[5] USCIS employees may communicate about administrative case matters if the requestor is able to demonstrate his or her identity (for example, by showing government-issued identification during an in-person encounter), or provide verifying information sufficient to demonstrate that communication would be proper. Administrative case matters are generally any issues that do not involve the legal substance or merit of an application or petition.
USCIS employees should not disclose PII when responding to case-specific requests; inquiries can generally be resolved without any discussion of PII.[6] To ensure that a USCIS employee is not disclosing PII, the USCIS employee can always require that the requestor first provide and confirm any PII at issue. In addition, a USCIS employee may take action that results in the resending of cards, notices, or documents containing PII to addresses on file instead of directly disclosing PII to a requestor.
Interested parties may be present at in-person appointments or during telephone calls, with the consent of the applicant or petitioner. Consent is usually implied if both the applicant or petitioner and the third party are present together. However, a USCIS employee may always ask the applicant or petitioner if he or she consents to the third-party’s presence if there is any doubt.
3. Communication with Address on File
USCIS sends written responses and duplicate notices to the addresses on file. Before USCIS is able to send any correspondence to a different address, the person must initiate a service request to update his or her address in USCIS systems.[7] Change of address requests associated with cases subject to confidentiality provisions must follow separate procedures.[8]
4. Third-Party Information
Information from other agencies, such as Immigration and Customs Enforcement (ICE), the Federal Bureau of Investigation (FBI), or the U.S. Department of State (DOS) may be located in USCIS files and systems. This information must not be released in response to an inquiry, although it may be appropriate to refer the inquiry to another agency.
5. Third-Party Government Inquiries
USCIS may share records covered under the Privacy Act with written consent from the person or pursuant to a routine use listed in the applicable System of Records Notices. Before sharing information with a government entity, USCIS must determine if the disclosure and use of information is compatible with an existing routine use. Planned uses must also be compatible with the purpose for which DHS originally collected the information. There are, however, enumerated exceptions of the Act that may apply.
Congress
One exception is for disclosures to either house of Congress, or any Congressional committee, subcommittee, joint committee, or subcommittee of a joint committee, if the matter is within its jurisdiction. For all other requests from members of Congress, such as constituent requests, the person whose information is to be released must have provided the member of Congress with a privacy release for USCIS to disclose any information related to that person.
The USCIS Office of Legislative and Intergovernmental Affairs (OLIA)) and designated liaisons handle all inquiries and certain correspondence from Congress to USCIS. Members of Congress, congressional offices, and congressional committees should always go through OLIA when initiating an inquiry. The USCIS and Congress webpage on USCIS’ website provides instructions on how members of Congress should interact with and contact USCIS. Non-liaison USCIS employees who are contacted directly with a congressional inquiry should refer it to OLIA so that it may proceed through the proper channels.
Law Enforcement Agencies
Information may be shared with other DHS components under the existing DHS information sharing policy,[9] which considers all DHS components one agency, as long as there is a mission need in line with the requestor’s official duties.
Requests from law enforcement agencies outside of DHS must go through DHS Single Point of Service (SPS) Request for Information (RFI) Management Tool, which requires an account. Account requests can be submitted to DHS-SPS-RFI@hq.dhs.gov.
Before referring any relevant RFI to USCIS, SPS ensures any RFI is consistent with the USCIS mission, has been reviewed and cleared by DHS Counsel and Privacy (as required), and is provided a tracking number. SPS then submits the RFI to Fraud Detection and National Security (FDNS) Intelligence Division (ID). FDNS ID logs official RFIs and takes the necessary steps to process and answer them, including review by USCIS Office of the Chief Counsel and Office of Privacy.
Federal Investigators
If an Office of Personnel Management or DHS Office of Inspector General (OIG) investigator requests information, the USCIS employee should provide the information upon verifying the requestor’s identity. Disclosure of any information needs to meet a routine use or be covered by a data share agreement. USCIS employees and contractors must provide prompt access for auditors, inspectors, investigators, and other personnel authorized by the OIG to any files, records, reports, or other information that may be requested either orally or in writing, and supervisors may not impede this cooperation.
Other Third-Party Inquiries
Prior to responding to a non-congressional third-party case inquiry, a written, signed, and notarized privacy release must be obtained from the applicant or petitioner. Third parties should submit a written authorization and identify the information the person desires to be disclosed. USCIS staff can accept the authorization via facsimile or email as long as the signature on the original is handwritten, and not typed or stamped.[10] The USCIS Office of Privacy will conduct an analysis for disclosure requests for PII on persons not covered by the Privacy Act or the Judicial Redress Act, absent another mechanism that confers a right or process by which a member of the public may access agency records.
E. VAWA, T, and U Cases
1. Confidentiality Provisions
Persons eligible for and recipients of victim-based immigration relief (specifically, Violence Against Women Act (VAWA) self-petitioners[11] as well as applicants and petitioners for, and recipients of, T and U nonimmigrant status (protected person[12])) are entitled to protections under 8 U.S.C. 1367. USCIS also extends the provisions of 8 U.S.C. 1367 to abused spouses of certain persons applying for employment authorization under INA 106.[13] The governing statute generally prohibits the unauthorized disclosure of information about petitioners and applicants for, and beneficiaries of VAWA, T, and U-related benefit requests to anyone other than an officer or employee of DHS, the U.S. Department of Justice (DOJ), or DOS for a legitimate agency purpose.[14]
This confidentiality provision is commonly referred to as “Section 384” because it originally became law under Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996,[15] which protects the confidentiality of victims of domestic violence, trafficking, and other crimes who have filed for or have been granted immigration relief.
An unauthorized disclosure of information which relates to a protected person can have significant consequences. USCIS employees must maintain confidentiality in these cases. Victims of domestic violence, victims of trafficking, and victims of crimes can be put at risk, as can their family members, if information is provided to a person who is not authorized.
Anyone who willfully uses, publishes, or permits any information pertaining to such victims to be disclosed in violation of the above-referenced confidentiality provisions may face disciplinary action and be subject to a civil penalty of up to $5,000 for each violation.
2. Scope of Confidentiality
Duration of Confidentiality Requirement
By law, the confidentiality provisions apply while a VAWA, T, or U case is pending and after it is approved. The protections end when the request for immigration relief is denied and all opportunities for appeal of the denial have been exhausted.
These protections also terminate once a protected person naturalizes. 8 U.S.C 1367 was drafted with the intention of protecting the “alien.”[16] Naturalized U.S. citizens were not the intended category of persons to be protected.
USCIS maintains the ability to reapply 8 U.S.C 1367 protections to naturalized U.S. citizens in limited circumstances. For example, if a previously protected naturalized citizen’s eligibility for citizenship were called into question, the protections would be reinstated. Additionally, the derivative beneficiaries of a protected naturalized U.S. citizen remain protected by statute until the beneficiaries become naturalized U.S. citizens.
Disclosure of Information
The statute prevents DHS from disclosing any information which relates to a person protected under 8 U.S.C. 1367 (protected person), subject to certain limited exceptions.[17] This includes information USCIS has in its records or other information about the protected person, even if those records do not specifically identify the person as one who has sought VAWA, T, or U benefits. Consequently, USCIS cannot disclose information about a protected person even if that information is not contained in a VAWA, T, or U filing.[18]
USCIS cannot release any information relating to a protected person until USCIS verifies both the identity of the requestor of information and the requestor’s authorization to receive the protected information. USCIS must verify the identity and authorization before responding to any inquiry, expedite request, referral, or other communication. After identity and authorization verification, USCIS can provide protected information directly to the protected person or the protected person’s representative authorized to receive 1367-protected information.
Representative refers to an attorney or accredited representative who has properly filed a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on behalf of a protected person and who remains in good standing or is not otherwise ineligible to represent persons with matters before USCIS.
Exceptions for Disclosure of Information
USCIS is permitted to disclose information relating to a protected person in certain, limited circumstances. These circumstances include:
- Statistical Information – Disclosure of data and statistical information may be made in the manner and circumstances permitted by law.[19]
- Legitimate Law Enforcement Purposes – Disclosure of information may be made to law enforcement officials to be used solely for a legitimate law enforcement purpose.
- Judicial Review – Information can be disclosed in connection with judicial review of a determination provided it is in a manner that protects the confidentiality of the information.
- Applicant Waives Confidentiality – Adults can voluntarily waive the confidentiality provision; if there are multiple victims in one case, they must all waive the restrictions.
- Public Benefits – Information may be disclosed to federal, state, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits.[20]
- Congressional Oversight Authority (for example, Government Accountability Office audits) – The Attorney General and the Secretary of Homeland Security can disclose information on closed cases to the chairmen and ranking members of Congressional Committees on the Judiciary, for the exercise of Congressional oversight authority. The disclosure must be in a manner that protects the confidentiality of the information and omits PII (including location-related information about a specific person).
- Communication with Non-Governmental Organizations (NGO) – Government entities adjudicating applications for relief[21] and government personnel carrying out mandated duties under the Immigration and Nationality Act (INA)[22] may, with the prior written consent of the person involved, communicate with nonprofit NGO victims’ service providers for the sole purpose of assisting victims in obtaining victim services. Agencies receiving referrals are bound by the confidentiality provisions.
- National Security Purposes – The Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in their discretion the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.
- To sworn officers or employees of DOS or DOJ, for legitimate Department, bureau, or agency purposes.
Prohibited Source
USCIS employees are prohibited from making an adverse determination of admissibility, deportability, or removability on a protected person using information furnished solely by a prohibited source. The officer must not use information provided by the following prohibited sources to make an adverse determination:
- The abuser or perpetrator of the offense;
- Family member of the abuser; or
- Someone acting at the request of the abuser.
If the officer can independently corroborate the information from a non-prohibited source, the officer may use the information from the non-prohibited source in the adjudication process.
USCIS employees may receive information about a protected person through an anonymous personal letter, phone call, statement, tip form submission, or other method that raises questions regarding their eligibility for immigration benefits. USCIS employees should treat the information as inherently suspect and presume that derogatory information received from an unknown source came from a prohibited source.[23]
3. USCIS Assistance
USCIS employees must ensure confidentiality is maintained when a benefit requestor protected under 8 U.S.C. 1367 requests assistance.
Change of Address
Benefit requestors with a pending or approved VAWA, T, or U-related case can request a change of address by following the instructions on the How to Change Your Address webpage.
A benefit requestor with a pending or approved VAWA, T, or U-related case may also call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833) to request an address change. The benefit requestor’s identity must be verified before making the requested change. If the Contact Center is unable to make the change requested, they schedule an in-person appointment at a USCIS field office. If the change is made during an in-person appointment, the field office must make the change in electronic systems and notify the office with jurisdiction over the pending case of the change.
Customer Service Inquiries
Due to 8 U.S.C. 1367 protections, protected persons have specialized customer service options for their case inquiries to USCIS. As noted above, benefit requestors with pending or approved VAWA, T, or U-related cases may request customer service via the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833). USCIS must verify the identity of the person inquiring about a confidential case and verify that person’s eligibility to receive information before providing any information or other requested service. To access Contact Center services, protected persons calling about a particular form (or forms) should have their receipt notice(s) on hand for reference during the call. They should also have a copy of the pending or approved application or petition that they are calling about readily available, if possible.
For more information related to how to make customer service inquiries for protected persons who have VAWA, T, and-U related filings, see the USCIS Contact Us webpage.
4. Mailing Address Procedures for Persons Protected Under 8 U.S.C. 1367
Defining “Safe Mailing Address” and “Preferred Mailing Address”
USCIS is committed to incorporating victim-centered approaches into agency policies, programs, and procedures related to interactions with protected persons.
A critical component of this approach is the prioritization of victim safety and autonomy. Under this framework, USCIS acknowledges that protected persons are best positioned to make decisions about where correspondence should be directed.
USCIS has policies and procedures in place so that information related to protected persons is disclosed only to authorized parties.[24] In the context of mailed correspondence, USCIS has implemented procedures to minimize the risk of unauthorized parties viewing the protected information. Many of the forms that initiate the 8 U.S.C. 1367 protections (victim-based forms) include a specific address field for a designated “safe mailing address.”[25]
Other forms may not have a designated safe mailing address field, but instead may include space to provide a mailing address that may be different from the person’s home or physical address (referred to in this guidance as the “preferred mailing address”). When a form does not have a safe mailing address field, but the protected person has listed a preferred mailing address, USCIS considers the preferred mailing address to be a safe and secure address to use for notices, correspondence, and secure identity documents for the protected person. The safe mailing address or preferred mailing address may change over time as the protected person files new benefit requests or submits a request to change their address.[26]
Adjudication of Non-Victim-Based Benefit Requests
The protections provided by 8 U.S.C. 1367 do not change which USCIS office has jurisdiction to adjudicate a benefit request that a protected person has filed.
In instances where a protected person files a non-victim-based benefit request, the USCIS office that has jurisdiction over that matter may still adjudicate the benefit request even though it contains information about a protected person. Officers are not required to involve the USCIS offices assigned to adjudicate victim-based benefit requests in the adjudication of the non-victim-based benefit request.[27]
The prohibition on adverse determinations described in 8 U.S.C. 1367(a)(1) applies to all cases where a protected person is an applicant, beneficiary, or petitioner. Therefore, even if an officer is adjudicating a non-victim-based application or petition (such as a Petition for Nonimmigrant Worker (Form I-129), Petition for Alien Relative (Form I-130), Immigrant Petition for Alien Worker (Form I-140), or Application for Naturalization (Form N-400)), officers cannot make adverse determinations of admissibility, deportability, or removability based solely on information provided by a prohibited source. Officers can use information if that information can be located in, and sourced to, an independent, non-prohibited source.[28]
Sending Notices to the Designated Safe Mailing Address or Preferred Mailing Address
The designated safe mailing address or preferred mailing address may be the protected person’s home address, their attorney or accredited representative’s address, their preparer’s address, or any other address listed on a form under the safe mailing address field or mailing address field.[29] If a protected person designates a safe mailing address or provides a preferred mailing address in an applicable field, USCIS sends original notices (including the notice containing the Arrival/Departure Record (Form I-94)), correspondence, and secure identity documents to that address, unless the person is represented and has a properly filed Form G-28 on record that requests USCIS send original notices, the Form I-94, and secure identity documents to the attorney or accredited representative.[30] In such a case, USCIS only sends courtesy copies of notices to the protected person at their designated safe or preferred mailing address.
Sending Notices to Protected Persons on Subsequent, Concurrent, or Previous Filings
Officers must review each form individually to determine where to send notices or secure identity documents issued from an adjudication of that form. Officers should not rely on addresses contained in prior filings, including any prior Form G‑28 where representation does not extend to other forms, when sending notices related to forms filed with, or after, the 8 U.S.C. 1367 filing. This guidance applies to both the primary forms that are protected by 8 U.S.C. 1367, as well as any related or subsequent forms or requests submitted by a protected person, such as an Application for Employment Authorization (Form I-765), Application to Replace Permanent Resident Card (Form I-90), or Form N-400.
When adjudicating benefit requests filed by or for the protected person before the 8 U.S.C. 1367 protections applied, officers should review the immigration records to determine if the person filed a request for an address change.[31] In general, officers should use the preferred mailing address listed on the individual’s benefit form under adjudication for notices, correspondence, or secure identity documents related to that form unless the person has changed their address for that specific form with USCIS or an exception to the policy applies.
There are certain exceptions to this policy, such as when the underlying basis for an Application to Register Permanent Residence or Adjust Status (Form I-485), is changed from a Form I-130 to a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), filed as a VAWA self-petition. USCIS changes the mailing address of the pending ancillary forms, such as the Form I-765 and Application for Travel Document (Form I-131) to the safe mailing address on the VAWA self-petition. USCIS changes the mailing address on the Form I-485 to the safe mailing address on the VAWA self-petition after approval of the petition.
Guide to Mailing Address Procedures for Protected Persons
The table below outlines common scenarios relevant to safe address procedures. Officers should follow the instructions below to ensure all notices and secure identity documents are sent to the correct location.
If the protected person… | Then |
---|---|
Provided their representative’s address as the safe or preferred mailing address. | USCIS sends original and courtesy copies of notices and secure identity documents to the address of the protected person’s representative. |
Provided a safe or preferred mailing address, which is not their representative’s address, and selected the options on the Form G-28 for all original notices and secure identity documents to be sent to their representative. | According to the preferences indicated by the protected person on the Form G-28, USCIS sends all original notices and secure identity documents to the representative listed on the Form G-28. USCIS only sends a courtesy copy of a notice to the protected person at their safe or preferred mailing address. |
Provided only a physical address. | For victim-based forms, USCIS always sends all notices or secure identity documents to the address of the protected person’s representative, regardless of their selections on the Form G-28.[32] For non-victim-based forms,[33] USCIS sends original notices or secure identity documents to the physical address listed on the Form G-28. The representative only receives a courtesy copy of any notices sent to the protected person. |
Provided only a physical address and selected the option on the Form G-28 that the Form I-94 be sent to the protected person’s mailing address. | For victim-based forms, USCIS sends the Form I-94 to the address of the protected person’s representative, regardless of their selections on the Form G-28.[34] For non-victim-based forms,[35] USCIS sends the Form I-94 to the physical address listed on the Form G-28. The representative only receives a courtesy copy of any notices sent to the protected person. |
If the protected person… | Then |
---|---|
Provided a safe mailing address or preferred mailing address. | Provided only a physical address. |
Provided only a physical address. | USCIS sends all original notices and secure identity documents to the protected person’s physical address listed on the form.[36] |
Instructions for Mailing Address Procedures for Protected Persons with Multiple Pending Forms
If the protected person has more than one pending benefit request, in general, USCIS uses the safe mailing address or preferred mailing address that the person listed on the relevant form. USCIS may send correspondence to multiple addresses depending on the protected person’s preferences listed on the relevant form or Form G-28.
Example
A protected person lists a friend’s address as a safe mailing address on a Petition for U Nonimmigrant Status (Form I-918), but uses their physical address as a mailing address on their pending Application for Temporary Protected Status (Form I-821). In this case, USCIS considers the friend’s address as the safe or preferred mailing address for the Form I-918. However, USCIS considers the physical address as the safe or preferred mailing address for the Form I-821. If the protected person has a Form G-28 on file, USCIS sends all original notices or secure documents according to their preferences listed on Form G-28.
The protected person must change their address for each individual form they have filed with USCIS. The filing of a subsequent benefit request with a new address does not automatically update the address for the prior filing.
F. Asylees and Refugees
1. Confidentiality Provisions
Federal regulations generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations.[37] This includes information contained in the legacy Refugee Asylum and Parole System (RAPS) or the legacy Asylum Pre-Screening System (APSS), and Global System (the 2018 replacement for RAPS/APSS) or related information as displayed in CIS2 and PCQS, except under certain limited circumstances. As a matter of policy, the confidentiality protections in these regulations are extended to Registration for Classification as Refugee (Form I-590), Refugee/Asylee Relative Petitions (Form I-730), and Applications for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)) (Form I-881).
These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event the claimant is repatriated. Such disclosure could also endanger the security of the claimant’s family members who may still be residing in the country of origin.
Moreover, public disclosure might give rise to a plausible protection claim by the claimant where one would not otherwise exist. This is because such disclosure may bring an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.
2. Breach of Confidentiality
Confidentiality is breached when the unauthorized disclosure of information contained in or pertaining to, these protected classes allows the third party to link the identity of the applicant to:
- The fact that the applicant or petitioner has applied for asylum or refugee status;
- Specific facts or allegations pertaining to the individual asylum or refugee claim contained in an asylum or refugee application; or
- Facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum or refugee status.
The same principles generally govern the disclosure of information related to credible fear and reasonable fear determinations, and applications for withholding or deferral of removal under Article 3 of the Convention Against Torture, which are encompassed within the Application for Asylum and for Withholding of Removal (Form I-589). As a matter of policy, USCIS extends the regulatory safeguards to include claims under the Safe Third Country Agreement, applications for suspension of deportation, special rule cancellation of removal under NACARA 203, refugee case information, as well as refugee and asylee relative information.
Disclosures may only be made to U.S. government officials or employees and U.S. federal or state courts where there is a demonstrated need-to-know related to certain administrative, law enforcement, and civil actions. Any other disclosure requires the written consent of the claimant or the express permission of the Secretary of DHS.
3. USCIS Assistance
USCIS employees must not disclose information contained in, or pertaining to, any asylum or refugee application or claim to any third party without the written consent of the applicant, except as permitted by regulation or at the discretion of the Secretary of DHS.[38]
This includes neither confirming nor denying that a particular person filed a protection claim by submitting any of the following:
- Form I-589;
- Form I-590;
- Form I-730;
- A Request for a Safe Third Country Agreement Determination;
- A Request for a Credible Fear Determination;
- A Request for a Reasonable Fear Determination; and
- Form I-881.
USCIS employees should respond to inquiries related to Form I-589, Form I-881, requests for information pertaining to the Safe Third Country Agreement, credible fear and reasonable fear processes, Form I-590, and Form I-730 in different ways, depending on the inquiry:
Request for Disability Accommodation at an Upcoming Form I-589 Interview
Tier 2 staff members may use the Service Request Management Tool (SRMT) to record and transfer requests to the asylum office with jurisdiction over the pending application. The asylum office then contacts the applicant to arrange for disability accommodation at the interview. While officers must not confirm or deny the existence of a pending protection claim or NACARA 203 application, those making disability accommodation requests for upcoming asylum interviews should be told that the request is being recorded and will be forwarded to the appropriate office for follow-up.
Change of Address Request
Tier 2 staff members may create a service request and submit it to the asylum office or service center with jurisdiction over the pending Form I-589, Form I-881, or Form I-730 petition. The office then fulfills the service request. While staff members must not confirm or deny the existence of a pending protection claim, those making address change requests should be told that the request is being recorded and will be forwarded to the appropriate office.
USCIS Contact Center Status Inquiries for Form I-589 and Form I-881
Due to certain confidentiality provisions,[39] USCIS Contact Center personnel may not respond to any status inquiries and may not confirm or deny the existence of a Form I-589 or Form I-881. Instead, USCIS Contact Center personnel direct the caller to the Case Status Online tool or to information on office-specific in-person appointment requirements should the caller indicate that they have a question about a Form I-589 or Form I-881 application. To locate an asylum office, use the Asylum Office Locator tool.
Asylum offices may accept case inquiries from the applicant or the applicant’s attorney or representative with a properly completed Form G-28 on file.
Asylum offices may receive case inquiries in a variety of ways, such as by mail, email, phone, fax, or in person. When it is possible to verify the identity of the applicant or attorney or representative inquiring, offices may respond using any of those communication channels. If it is not possible to verify the identity of the inquirer, asylum offices should respond to inquiries by providing a written response to the last address the applicant provided.
USCIS Contact Center Status Inquiries for Form I-730
All preliminary case inquiries are fielded by the USCIS Contact Center for Form I-730 petitions. Should Contact Center staff be unable to resolve the inquiry, a service request is submitted to the appropriate office with jurisdiction for resolution. The domestic USCIS offices that process and make decisions on Form I-730 petitions may only respond to inquiries received through a service request from the USCIS Contact Center. International USCIS offices may respond to email inquiries from I-730 petitioners.
Due to certain confidentiality provisions that apply to asylees and refugees,[40] USCIS cannot release any information contained in or pertaining to Form I-730 petitions until USCIS verifies the identity of the requestor of information and the requestor’s authorization to receive the protected information. The petitioner or their authorized representative may request information on the petition. USCIS must verify identity and authorization before responding to any inquiry, expedite request, referral, or other communication related to the Form I-730 petition. After identity and authorization verification, USCIS Contact Center personnel may respond to inquiries.
Form I-730 petitioners or their authorized representatives may request customer service via the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833). To access Contact Center services, petitioners or their authorized representatives calling about Form I-730 should have their receipt notice(s) on hand for reference during the call. They should also have a copy of the pending or approved petition that they are calling about readily available, if possible.
Representative refers to an attorney or accredited representative who has properly filed a Form G-28 on behalf of a petitioner and who remains in good standing or is not otherwise ineligible to represent persons with matters before USCIS.
Asylum offices do not process Form I-730 petitions. USCIS Contact Center personnel should not direct the caller to appear in person or contact asylum offices to inquire or seek information about Form I-730 petitions.
Additionally, initial domestic processing of Form I-730 following-to-join asylee and following-to-join refugee petitions is completed in offices that are not public facing. USCIS Contact Center personnel should not direct the caller to appear at USCIS service centers or RAIO offices in the United States relating to Form I-730 petitions.
USCIS Contact Center Status Inquiries for Form I-590 Applications
USCIS Contact Center personnel may not respond to any status inquiries and may not confirm or deny the existence of an application or petition. Instead, USCIS Contact Center personnel should obtain all relevant information from the inquirer and refer the inquiry to the USCIS Headquarters International and Refugee Affairs Division (IRAD) for response.
Inquiries Regarding Subsequent Applications or Petitions Based on Underlying Form I-589, Form I-590, or Form I-730
Staff members may respond to inquiries regarding subsequent applications or petitions that are based on an underlying Form I-589, Form I-590, or Form I-730 (including Form I-131, Form I-765, or Form I-485). Staff members may not confirm or deny the existence of the underlying Form I-589 or Form I-590; however, staff members may confirm or deny the existence of the underlying Form I-730 petition after completing identity and authorization verification.
General Inquiries
USCIS employees may respond to general questions about the asylum program, the U.S. Refugee Admissions Program (USRAP), and credible and reasonable fear screenings.[41] However, for certain specific case questions relating to:
- Form I-589 applications: the inquiries may be routed to the local asylum office with jurisdiction over the application;
- Form I-730 petitions: the inquiries may be routed to the USCIS office with jurisdiction over the petition; or
- Form I-590 refugee applications: the inquiries may be routed to Refugee and International Operations (RIO) for response.
G. Temporary Protected Status
1. Confidentiality Provisions
Like refugee and asylum cases, information pertaining to Temporary Protected Status (TPS) cases may not be disclosed to certain third parties because unauthorized disclosure of information may place the applicant or the applicant’s family at risk.[42]
The law prohibits the release of information contained in the TPS application or in supporting documentation to third parties without the written consent of the applicant. A third party is defined as anyone other than:
- The TPS applicant;
- The TPS applicant’s attorney or authorized representative (with a properly completed Form G-28 on file);
- A DOJ officer, which has also been extended to include a DHS officer following the transfer of certain immigration functions from DOJ to DHS; or
- Any federal or state law enforcement agency.
2. USCIS Assistance
USCIS may not release any information contained in any TPS application and supporting documents in any form to any third party, without a court order or the written consent of the applicant.[43] Status inquiries may not confirm or deny the existence of a TPS application, or whether a person has TPS, until the identity of the inquirer has been confirmed and it has been determined the inquirer is not a third party to whom information may not be released.
USCIS employees must adhere to these same TPS confidentiality provisions regarding the disclosure of information to third parties, even if the information is contained in a TPS-related form such as:
- Form I-765, which every TPS applicant must file;
- A TPS-related waiver requested on Application for Waiver of Grounds of Inadmissibility (Form I-601); or
- A TPS-related Form I-131.
With respect to confidentiality, USCIS employees must treat these records as they do other TPS supporting documentation in the TPS application package.
USCIS employees may respond to general questions about the TPS program.[44] However, for all case-specific questions relating to Form I-821 applications, USCIS employees must first confirm the identity of the person and his or her eligibility to receive such information.
Offices must not take or respond to inquiries about the status of a TPS application made by telephone, fax, or email because it is not possible to sufficiently verify the identity of the inquirer. Offices may accept written status requests signed by the applicant (or the applicant’s attorney or representative with a properly completed Form G-28 on file).
3. Exceptions for Disclosure
Information about TPS applications and information contained in supporting documentation can be disclosed to third parties in two instances:
- When it is mandated by a court order; or
- With the written consent of the applicant.
Information about TPS cases can be disclosed to officers of DOJ, DHS, or any federal or state law enforcement agency since they are not considered third parties.[45] Information disclosed under the requirements of the TPS confidentiality regulation may be used for immigration enforcement or in any criminal proceeding.
H. Legalization
1. Confidentiality Provisions
Statutory and regulatory provisions require confidentiality in legalization cases and Legal Immigration Family Equity (LIFE) Act legalization cases, prohibiting the publishing of any information that may be identified with a legalization applicant.[46] The laws also do not permit anyone other than sworn officers and employees of DHS and DOJ to examine individual applications.
Information contained in the legalization application can only be used in the following circumstances:
- To make a determination on the legalization application;
- For criminal prosecution of false statements violations;[47] or
- In preparation of certain reports to Congress.
A breach in confidentiality of legalization cases can result in a $10,000 fine.[48]
2. USCIS Assistance
Case-specific information may be provided to the applicant and the applicant’s attorney or authorized representative (with a properly completed Form G-28 on file) after the inquirer’s identity has been verified. No others are authorized to receive legalization information unless one of the enumerated exceptions to disclosure noted below applies.
3. Exceptions for Disclosure
USCIS is permitted to disclose information pertaining to legalization cases in certain, limited circumstances. These circumstances include:
Law Enforcement Purposes
USCIS is required to disclose information to a law enforcement entity in connection with a criminal investigation or prosecution, when that information is requested in writing.
Requested by an Official Coroner
USCIS is also required to disclose information to an official coroner for purposes of affirmatively identifying a deceased person (whether or not the person died as a result of a crime).
Statistical Information
Disclosure of data and statistical information may be made in the manner and circumstances permitted by law.[49]
Available from Another Source
USCIS may disclose information furnished by an applicant in the legalization application, or any other information derived from the application, provided that it is available from another source (for example, another application or if the information is publicly available).
I. Special Agricultural Workers
1. Confidentiality Provisions
Material in A-files filed pursuant to the Special Agricultural Workers (SAW) program is protected by strict confidentiality provisions.[50] The statute provides that the employee who knowingly uses, publishes, or permits information to be examined in violation of the confidentiality provisions may be fined not more than $10,000.[51]
In general, USCIS may not use information furnished by the SAW applicant for any purpose other than to make a determination on the application, for termination of temporary residence, or for enforcement actions relating to false statements in applications.[52] The applicant may not waive the confidentiality provisions, which even survive the death of the applicant.
2. USCIS Assistance
In general, it is permissible for USCIS employees to disclose only that an applicant has applied for SAW and the outcome of the adjudication. Case information may be provided to the applicant and the applicant’s attorney or authorized representative (with a properly completed Form G-28 on file) after the inquirer’s identity has been verified. No other parties are authorized to receive SAW information, unless one of the enumerated exceptions to disclosure noted below applies.
3. Exceptions for Disclosure
It is appropriate for DHS and DOJ employees to have access to SAW material. The materials are subject to the above-mentioned penalties for unlawful use, publication, or release. USCIS is permitted to disclose information pertaining to SAW cases in certain, limited circumstances. These circumstances include:
Law Enforcement Purposes
USCIS is required to disclose information to a law enforcement entity in connection with a criminal investigation or prosecution, when that information is requested in writing.
Requested by an Official Coroner
USCIS is also required to disclose information to an official coroner for purposes of affirmatively identifying a deceased person (whether or not the person died as a result of a crime).
Criminal Convictions
Information concerning whether the SAW applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
J. S Nonimmigrant Visa Category
Nonimmigrants under the S visa category are noncitizen[53] witnesses or informants. An S nonimmigrant is not readily identified in USCIS systems. However, if a USCIS employee discovers that an inquiry is from an S nonimmigrant or from someone who has applied for such status, the case must be handled carefully.
Inquiries regarding the following should come from a law enforcement entity:[54]
- An Interagency Alien Witness and Informant Record (Form I-854A);
- An Interagency Alien Witness and Informant Adjustment of Status (Form I-854B); and
- Form I-765 filed on the basis of being a principal nonimmigrant witness or informant in S classification.
If USCIS receives an inquiry regarding the status of a Form I-854 or a Form I-765 filed as an S nonimmigrant, the USCIS employee must neither confirm nor deny the existence of such applications and should inform the person that inquiries on these applications must be submitted through appropriate law enforcement channels.
Under no circumstances may USCIS employees ask questions about the S nonimmigrant’s role in cooperating with law enforcement, the type of criminal activity for which the nonimmigrant is an informant or witness, or any specific information about the case in which the S nonimmigrant may be involved.
K. Witness Security Program
1. Program Participants
Participation in the Witness Security Program (commonly known as the Witness Protection Program) is not reflected in USCIS systems. Applicants in the Witness Security Program should not tell anyone, including USCIS employees, that they are participants in the program. A separate immigration file is created for a new identity of a participant in the program, and information from before and after the change in identity must be in separate files. However, one file will have documentation of a legal name change.
2. USCIS Assistance
If an applicant indicates that he or she is in the Witness Security Program, the applicant should be referred to the U.S. Marshals Service.[55] Also, under no circumstances should USCIS employees ask questions about why or how the applicant was placed in the Witness Security Program or any specific information about the case which resulted in the applicant being placed in the Witness Security Program.
Footnotes
[^ 1] See Privacy Act of 1974, Pub. L. 93-579 (PDF), 88 Stat. 1896 (December 31, 1974) (codified at 5 U.S.C. 552a).
[^ 2] See DHS Privacy Policy Guidance Memorandum (PDF), issued April 25, 2017.
[^ 3] See Privacy Incident Handling Guidance (PDF), DHS Instruction Guide 047-01-008, issued December 4, 2017.
[^ 4] See Privacy Incident Handling Guidance (PDF), DHS Instruction Guide 047-01-008, issued December 4, 2017.
[^ 5] The enhanced privacy protections and other confidentiality protections associated with certain applications and petitions mean that merely acknowledging the existence of a pending petition or application could violate statutory and regulatory requirements. As a result, when responding to inquiries about these types of cases, including Violence Against Women Act (VAWA), T, U, and asylum cases, USCIS employees should follow the policies in place for those specific benefits. For more information, see Section E, VAWA, T, and U Cases [1 USCIS-PM A.7(E)] through Section K, Witness Security Program [1 USCIS-PM A.7(K)].
[^ 6] A case’s status generally refers to its current posture in the adjudication process, which is dictated by the last action taken. For example, a case could be pending background checks, with an officer, awaiting response to a Request for Evidence, or with a decision issued on a given date.
[^ 7] See USCIS Change of Address web portal. See Chapter 4, Service Request Management Tool, Section B, Responding to Service Requests [1 USCIS-PM A.4(B)].
[^ 8] See Section E, VAWA, T, and U Cases, Subsection 3, USCIS Assistance [1 USCIS-PM A.7(E)(3)].
[^ 9] See The DHS Policy for Internal Information Exchange and Sharing.
[^ 10] For requests from federal, state, or local government agency representatives who want to review or want copies of documents from an A-file, USCIS employees should refer to USCIS records procedures regarding outside agency requests for USCIS files.
[^ 11] See Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162 (PDF) (January 5, 2006). When VAWA was reauthorized in 2005, Congress added the definition “VAWA self-petitioner” at INA 101(a)(51), which includes persons requesting relief as: a VAWA self-petitioner under INA 204(a); an abused conditional permanent resident spouse or child filing a waiver based on battery or extreme cruelty under INA 216(c)(4)(C) or INA 216(c)(4)(D); an abused spouse or child under the Cuban Adjustment Act, Pub. L. 89-732 (PDF) (November 2, 1966); an abused spouse or child under the Haitian Refugee Immigrant Fairness Act, Division A, Section 902 of Pub. L. 105-277 (PDF), 112 Stat. 2681, 2681-538 (October 21, 1998); and an abused spouse or child under the Nicaraguan Adjustment and Central American Relief Act, Title II of Pub. L. 105-100 (PDF), 111 Stat. 2160, 2193 (November 19, 1997). Applicants for special rule cancellation of removal under INA 240A(b)(2) are also protected under 8 U.S.C. 1367.
[^ 12] See Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF) (October 28, 2000). T nonimmigrant status is available for victims of a severe form of human trafficking and U nonimmigrant status is designated for victims of qualifying criminal activities.
[^ 13] See Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (PDF, 98.03 KB), PM-602-0130, issued March 8, 2016. Abused spouses of certain nonimmigrants may apply for employment authorization by filing an Application for Employment Authorization for Abused Nonimmigrant Spouse (Form I-765V).
[^ 14] See 8 U.S.C. 1367(a)(2).
[^ 15] See Pub. L. 104-208 (PDF), 110 Stat. 3009-546, 3009-652 (September 30, 1996).
[^ 16] See INA 101(a)(3) (“The term ‘alien’ means any person not a citizen or national of the United States.”).
[^ 17] See 8 U.S.C. 1367(a)(2) and 8 U.S.C. 1367(b).
[^ 18] See Implementation of Section 1367 Information Provisions (PDF), DHS Instruction 002-02-001, Revision 00.1, issued November 7, 2013.
[^ 19] See 13 U.S.C. 8.
[^ 20] See 8 U.S.C. 1641(c).
[^ 21] This applies to application for relief under 8 U.S.C. 1367(a)(2).
[^ 22] See INA 101(i)(1).
[^ 23] See Implementation of Section 1367 Information Provisions (PDF), DHS Instruction 002-02-001, Revision 00.1, issued November 7, 2013 for more information.
[^ 24] The term “authorized parties” includes employees of DHS, DOS, and DOJ for legitimate agency purposes. It also includes an attorney or accredited representative who has properly filed a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on behalf of a protected person and who remains in good standing or is not otherwise ineligible to represent persons with matters before USCIS, as well as the protected person themselves.
[^ 25] See Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). See Petition for U Nonimmigrant Status (Form I-918). See Application for T Nonimmigrant Status (Form I-914). See Application for Employment Authorization for Abused Nonimmigrant Spouse (Form I-765V).
[^ 26] For information on how to register an address change with USCIS, see the How to Change Your Address webpage.
[^ 27] However, officers may only disclose information from the previously-filed victim-based form in compliance with the confidentiality provisions of 8 U.S.C. 1367(a)(2).
[^ 28] See Implementation of Section 1367 Information Provisions (PDF), DHS Instruction 002-02-001, Revision 00.1, issued November 7, 2013 for more information.
[^ 29] Attorneys or accredited representatives can change their mailing address with USCIS by either submitting a new Form G-28 for every pending case (with the receipt number) or submitting a letter on office stationery that clearly states: “ATTORNEY CHANGE OF ADDRESS.” The letter must include a list of pending cases with the form type, receipt number, A-number, and the benefit requestor’s name listed for each case. A change of address for the attorney or accredited representative also changes the benefit requestor’s safe address if the attorney or accredited representative’s address is listed as the safe mailing address or preferred mailing address on the form. See the Filing Your Form G-28 webpage for additional information.
[^ 30] Prior editions of the Form G-28 may not include an option for sending certain notices or secure identity documents to an attorney or accredited representative. Officers should review the Form G-28 associated with the underlying form to determine which options were checked, if any.
[^ 31] As described above, 8 U.S.C. 1367(a)(2) protections apply when a person files a VAWA, T, or U benefit request.
[^ 32] This exception is in recognition of long-standing safe address procedures in place at the service centers with jurisdiction over adjudication of victim-based-forms. As described above, victim-based-forms are the forms that initiate 1367-protections, including the Form I-360, Form I-918, Petition for Qualifying Family Member of a U-1 Nonimmigrant (Form I-929), Form I-914, Form I-765V, Petition to Remove Conditions on Residence (Form I-751), and Form I-485.
[^ 33] This includes forms that may be commonly used by a person filing a VAWA, T, or U benefit requests, including but not limited to Notice of Appeal or Motion (Form I-290B), Application to Extend/Change Nonimmigrant Status (Form I-539), Application for Waiver of Grounds of Inadmissibility (Form I-601), or Form I-765.
[^ 34] This exception is in recognition of long-standing safe address procedures in place at the service centers with jurisdiction over adjudication of victim-based-forms. As described above, victim-based-forms are the forms that initiate 1367-protections, including the Form I-360, Form I-918, Form I-929, Form I-914, Form I-765V, Form I-751, and Form I-485.
[^ 35] This includes forms that may be commonly used by a person filing a VAWA, T, or U benefit requests, including but not limited to Form I-290B, Form I-539, Form I-601, or Form I-765.
[^ 36] Certain form instructions state that if a petitioner or applicant does not provide a safe mailing address, then USCIS may use the address of the preparer of the form. USCIS recognizes that preparers who are not the attorney or accredited representative listed on a Form G-28 may be only engaged in the case for a temporary period of time. In consideration of this factor, and USCIS’ acknowledgment that protected persons are best positioned to make decisions about where their correspondence should be directed, USCIS sends notices and secure identity documents to the physical address listed on a form, should an unrepresented petitioner or applicant decide not to complete the safe mailing address or mailing address field on a form. Certain forms may require the completion of the mailing address field. Applicants and petitioners should review form instructions to determine when this field may be required.
[^ 37] See 8 CFR 208.6.
[^ 38] See 8 CFR 208.6.
[^ 39] See 8 CFR 208.6.
[^ 40] See 8 CFR 208.6, which is applied to refugees by policy.
[^ 41] Examples of general inquiries include: who can apply for asylum or refugee status, how to apply for asylum or access the USRAP, bars to protection, whether applicants are eligible for work authorization, and asylum interview scheduling priorities.
[^ 42] See INA 244(c)(6). See 8 CFR 244.16.
[^ 43] See 8 CFR 244.16 for exceptions.
[^ 44] Examples of general inquiries include: Who can apply for TPS, how to apply for TPS, bars to TPS, whether applicants are eligible for work authorization, and the number of days it normally takes to adjudicate an application for TPS.
[^ 45] See 8 CFR 244.16.
[^ 46] See INA 245A(c)(4)-(5). See 8 CFR 245a.2(t), 8 CFR 245a.3(n), and 8 CFR 245a.21.
[^ 47] See INA 245A(c)(6).
[^ 48] See INA 245A(c)(5)(E).
[^ 49] See 13 U.S.C. 8.
[^ 50] See INA 210. This pertains to the 1987-1988 SAW program.
[^ 51] See INA 210(b)(6)(D).
[^ 52] See INA 210(b)(7).
[^ 53] In this Policy Manual, the term noncitizen, unless otherwise specified, means a person who is not a citizen or national of the United States. This term is synonymous with “alien” as defined in INA 101(a)(3).
[^ 54] See 8 CFR 274a.12(c)(21).
[^ 55] Officers can find information on how to contact their local U.S. Marshals Service office (if they are in the United States) on the U.S. Marshals Service website. Officers should advise applicants to consult with the U.S. Marshals Service on how to handle the disclosure of their participation in the Witness Protection Program.
Chapter 8 - Conduct in USCIS Facilities
USCIS provides services to a diverse set of benefit requestors. In all interactions, USCIS is committed to providing consistent public service in accordance with its mission statement and core values.[1] USCIS always strives for the highest level of integrity and respect in all interactions with the public to ensure all parties are treated with dignity and courtesy. USCIS employees play a critical role in upholding these standards. USCIS employees should approach interactions in a manner that is consistent with USCIS policy and its core values.
A. Privacy in USCIS Offices
When communicating about personal or case specific information, both USCIS employees and the public should note the importance of protecting privacy.[2] Whenever possible, both USCIS employees and the public should take common sense steps to make communications as private as possible. For example, USCIS employees should:
- Avoid projecting so that others in the room can clearly hear conversations that involve personal information; and
- For in-person encounters about case-specific inquiries, ensure that inquirers are given sufficient space so that documents presented are not on display for others to see.
USCIS must strike a balance between quickly and accurately assisting large groups of benefit requestors on the one hand, and protecting the privacy of all persons on the other. USCIS employees and benefit requestors must work together to strike this balance as best as possible. Persons contacting USCIS regarding a matter with heightened privacy considerations should work with USCIS employees to ensure that their privacy is protected.
B. Electronic Devices
Visitors must abide by applicable policies established by the facility in which they are seeking services. Depending on the facility’s policies, visitors may be permitted to possess cell phones, personal digital assistants, tablets, laptops, and other electronic devices.
No one may photograph or record at a USCIS office except when observing naturalization or citizenship ceremonies. In addition, phones should be silenced while in the waiting area and any conversations should be kept to a low level so as not to disrupt others. Phones should be turned off during interviews or while being served by USCIS staff at the information counter.
To ensure successful implementation of this guidance, USCIS field offices are encouraged to:
- Ensure all USCIS federal and contract employees are aware of the cell phone usage policies;
- Ensure all visitors are informed of the cell phone usage policies; and
- Display posters and signage regarding this guidance in common areas.
Footnote
[^ 1] See the About Us USCIS webpage.
[^ 2] See Chapter 7, Privacy and Confidentiality [1 USCIS-PM A.7].
Chapter 9 - Feedback, Complaints, Misconduct, and Discrimination
A. Feedback
1. USCIS Contact Center
USCIS conducts telephone interviews every month with callers who have used the USCIS Contact Center within the past 90 days. USCIS may contract with a private company to execute this task. The interviews that are conducted represent a statistically valid sample.
2. In-Person Appointments
Field offices may provide feedback forms in their waiting rooms. If such forms are provided, field offices should also provide a place within the office to deposit the feedback forms.
3. USCIS Website
In February 2010, USCIS implemented the American Customer Satisfaction Index (ACSI) Survey on the USCIS website. This recognized instrument is a voluntary, randomized, pop-up, online survey offered to USCIS website users. By participating in this survey, USCIS became part of the E-Government Satisfaction Index and joined more than one hundred other government organizations and agencies that have already implemented this survey and are receiving feedback.
USCIS reviews the results of the survey on a quarterly basis and identifies opportunities to improve the USCIS website. Survey data also informs USCIS where resources might best be used to affect overall satisfaction.
USCIS also reviews a wide assortment of research papers and other products available from the survey administrator to help USCIS in data gathering, analysis, and site improvement activities.
B. Complaints[1]
1. Ways of Submitting Complaints
Complaint in USCIS Office
Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint. The supervisor should attempt to resolve the issue before the complainant leaves the office.
Submit Written Complaint
Written complaints may include handwritten letters, emails, or faxes.[2]
Contact Office of Inspector General Directly[3]
Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website. OIG contact information must also be displayed in a public area and visible in every USCIS field office.
File Complaint with USCIS Headquarters
USCIS Headquarters (HQ) contact information is provided on USCIS’ website. If the complaint is directed to the wrong directorate or program office, the complaint must be forwarded to the appropriate HQ entity.
Ask to Speak to Contact Center Supervisor
If a caller is dissatisfied with the service he or she received during a call to the USCIS Contact Center, the caller may ask to speak to a supervisor.[4] Both Tier 1 and Tier 2 staff members must transfer the call to a supervisor.
2. Complaints Received
A person should not be expected to know where to first submit a complaint or how to elevate a complaint if they think that their issue has not been adequately addressed. Under no circumstances should a person’s complaint be dismissed or disregarded because the proper process for filing a complaint was not followed. All complaints received must be handled appropriately.
All complaints should be responded to by providing a written response, telephone call, or if applicable, addressing the complaint in person upon submission. The response should explain steps taken to resolve the issue. In cases where the complaint cannot be resolved in a reasonable time, the response should acknowledge the receipt of the complaint, when a resolution is expected, and any additional action the person may take.
Applicants with complaints about being victimized by a person engaged in the unauthorized practice of immigration law (UPIL) should be directed to USCIS’ website where they can find state-by-state reporting information, as well as information on how to report UPIL to the Federal Trade Commission.
C. Allegations of Misconduct
USCIS employees are also subject to mandatory reporting requirements for known or suspected misconduct by federal employees and contractors.
1. Employee Misconduct
Allegations of misconduct by USCIS employees and contractors may include, but are not limited to:
- Fraud, corruption, bribery, and embezzlement;
- Sexual advances or sexual misconduct;
- Theft or misuse of funds and theft of government property;
- Perjury;
- Physical assault;[5]
- Unauthorized release of classified or special protected class[6] information;
- Drug use or possession;
- Unauthorized use or misuse of sensitive official government databases;
- Misuse of official position for private gain;
- Misuse of a government vehicle or property;
- Failure to properly account for government fund;
- Unauthorized use or misuse of a government purchase or travel card;
- Falsification of travel documents; and
- Falsification of employment application documents.
2. Reporting Employee Misconduct
Benefit requestors and other interested parties should report allegations of misconduct by USCIS employees promptly to a USCIS supervisor, USCIS Office of Investigations (OI), or DHS OIG.[7] Individuals may report allegations of misconduct involving discriminatory conduct to DHS Office of Civil Rights and Civil Liberties (CRCL).[8]
USCIS OI makes every effort to maintain the confidentiality of informational sources to protect the integrity of the investigation. However, for investigations in which an allegation is substantiated and disciplinary action is proposed, the subject of such investigation is entitled to review documentation and evidence relied upon as the basis for the proposed action.
OI refers matters to DHS OIG for review and investigative determination as required, depending on the nature of the allegations included in the report. If the allegation either does not meet the criteria for referral to DHS OIG or is not accepted by DHS OIG for investigation, OI may resolve the matter by conducting an investigation; referring the matter for an official management inquiry, if appropriate; or referring the matter to the appropriate USCIS manager for information and action deemed appropriate.
As a matter of procedure, OI does not provide a complainant, victim, witness, or subject of a complaint with the investigative determination of a complaint, since a disclosure of this nature could adversely impact the investigative process or agency resolution of the alleged behavior.
D. Allegations of Discrimination
1. Anti-Discrimination Policy
USCIS does not tolerate discriminatory treatment of any persons. USCIS considers discrimination to include the unlawful treatment of a person or group of persons based on classes or other categories to which they belong or are perceived to belong. It also includes retaliation against a person who reports or complains about discrimination, or who participates in the investigation of a discrimination complaint. It is USCIS policy to treat the public in a non-discriminatory manner regardless of whether they belong to a class or group specifically protected under federal anti-discrimination laws or other legal authorities.
USCIS policy on anti-discrimination is not limited to specific classes or groups. This policy prohibits discrimination by any USCIS employee[9] towards any benefit requestor,[10] other USCIS employee, or anyone else with whom USCIS employees interact by virtue of their work for USCIS. Such behavior violates USCIS’ core values.[11]
In addition to training employees on the administration of immigration benefits, USCIS provides agency-wide training on USCIS’ anti-discrimination policy to all employees who interact directly or indirectly with members of the public.
2. Reporting Discrimination
Benefit requestors and other interested parties should report allegations of discrimination, including those based on race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, or disability, promptly to a USCIS supervisor or to DHS CRCL; allegations may also be reported to USCIS OI or DHS OIG.[12] Individuals may report allegations of discrimination involving physical assault (such as grabbing, fondling, hitting, or shoving) to OI or DHS OIG.[13] USCIS employees also have a duty to report allegations of misconduct by federal employees and contractors promptly to a USCIS supervisor, USCIS OI, or DHS OIG.[14]
3. Retaliation
USCIS does not tolerate retaliation against any person for reporting discrimination. This includes filing a complaint, helping any other person file a complaint, or participating in an inquiry into potential violations of this policy. Any employee found to have engaged in retaliatory conduct or behavior is subject to disciplinary action.
E. Reporting Fraud, Abuse, and Scams
Benefit requestors and other interested parties should report fraud, abuse, and scams as indicated on the USCIS Contact Us page.
In addition, immigration fraud can be reported to:
- Immigration and Customs Enforcement;
- Department of Labor’s Wage and Hour Division;
- The Federal Trade Commission; and
- State authorities.
The USCIS website also contains information on common scams and how to avoid scams.
Footnotes
[^ 1] This section specifically addresses complaints that do not involve egregious or criminal misconduct. For information on the Office of Security and Integrity’s policy on reporting criminal and egregious misconduct, see Section C, Allegations of Misconduct [1 USCIS-PM A.9(C)].
[^ 2] See Appendix: Dissatisfaction with USCIS: Terms and Definitions for information on where to send complaints.
[^ 3] See Appendix: Dissatisfaction with USCIS: Terms and Definitions for information on how to contact the OIG.
[^ 4] See Chapter 3, Forms of Assistance, Section C, Telephone [1 USCIS-PM A.3(C)].
[^ 5] Physical assault may include grabbing, fondling, hitting, or shoving.
[^ 6] See Chapter 7, Privacy and Confidentiality [1 USCIS-PM A.7].
[^ 7] Members of the public may file allegations of misconduct by following the instructions provided on the Report USCIS Employee Misconduct webpage. USCIS employees are also subject to mandatory reporting requirements for known or suspected misconduct by federal employees and contractors. In addition, see the DHS Office of Inspector General webpage.
[^ 8] See Section D, Allegations of Discrimination [1 USCIS-PM A.9(D)].
[^ 9] For the purposes of this anti-discrimination policy, USCIS considers the term “USCIS employee” to include both persons employed directly by the federal government and government contractors.
[^ 10] In accordance with DHS policy, USCIS may use race or ethnicity only when a compelling governmental interest is present, and only in a way narrowly tailored to meet that compelling interest. This policy further permits consideration of nationality when it is expressly relevant to the administration or enforcement of a statute, regulation, or Executive Order, or for individualized discretionary use of nationality as a screening, investigation, or enforcement factor. See DHS Memorandum, The Department of Homeland Security’s Commitment to Nondiscriminatory Law Enforcement and Screening Activities (PDF), issued April 26, 2013.
[^ 11] See Chapter 8, Conduct in USCIS Facilities [1 USCIS-PM A.8]. See the About Us USCIS webpage.
[^ 12] See the DHS Make a Civil Rights Complaint webpage. The DHS Office for Civil Rights and Civil Liberties webpage also contains detailed information about avenues for filing complaints with different offices and components of DHS.
[^ 13] See Section C, Allegations of Misconduct [1 USCIS-PM A.9(C)].
[^ 14] See Section C, Allegations of Misconduct [1 USCIS-PM A.9(C)].
Part B - Submission of Benefit Requests
Chapter 1 - Purpose and Background
A. Purpose
Those seeking immigration benefits in the United States must generally request benefits by filing the appropriate USCIS form(s) with USCIS.[1] Proper submission of benefit requests provides USCIS the opportunity to determine whether a person is initially eligible for the benefit requested and facilitates an efficient management of requests.[2]
B. Background
With the Immigration Act of 1891, the federal government assumed direct control of inspecting, admitting, rejecting, and processing all immigrants seeking admission to the United States.[3] On January 2, 1892, the Immigration Service opened Ellis Island in New York Harbor. The Immigration Service began collecting arrival manifests from each incoming ship. Inspectors then questioned arrivals about their admissibility and noted their admission or rejection on the manifest records.[4]
Over the years, different federal government departments and offices have adjudicated immigration benefit requests. The process of submitting benefit requests has also changed over time. Today, requestors generally seek benefits from USCIS by submitting specific forms; the forms also help guide requestors in collecting and submitting necessary evidence. USCIS uses forms to establish the record, verify identity, and adjudicate the benefit request.
USCIS is primarily funded by immigration and naturalization benefit request fees charged to requestors.[5] Fees collected from individuals and entities filing immigration benefit requests are deposited into the Immigration Examinations Fee Account (IEFA). The fees collected are to ensure recovery of the full cost of providing all USCIS services, including those provided without charge to refugee, asylum, and certain other filers.
Form Types
USCIS adjudicates immigration benefit requests in and outside the United States. The table below provides a list of the major benefits USCIS provides, the corresponding form(s), and corresponding Policy Manual guidance for more information.[6]
Benefit Sought | Relevant Form(s) | For More Information |
---|---|---|
Nonimmigrant status | Petition for a Nonimmigrant Worker (Form I-129) | Volume 2, Nonimmigrants [2 USCIS-PM] |
Petition for Alien Fiancé(e) (Form I-129F) | ||
Petition for U Nonimmigrant Status (Form I-918) | ||
Petition for Qualifying Family Member of a U-1 Nonimmigrant (Form I-929) | ||
Application to Extend/Change Nonimmigrant Status (Form I-539) | ||
Immigrant status | Petition for Alien Relative (Form I-130) | Volume 6, Immigrants [6 USCIS-PM] |
Immigrant Petition for Alien Worker (Form I-140) | ||
Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) | ||
Immigrant Petition by Alien Investor (Form I-526) | Volume 6, Immigrants, Part G, Investors [6 USCIS-PM G] | |
Application to Register Permanent Residence or Adjust Status (Form I-485) | Volume 7, Adjustment of Status [7 USCIS-PM] | |
Refugee or asylee status | Application for Asylum and for Withholding of Removal (Form I-589) | Volume 4, Refugees [4 USCIS-PM] Volume 5, Asylees [5 USCIS-PM] |
Refugee/Asylee Relative Petition (Form I-730) | ||
Temporary Protected Status | Application for Temporary Protected Status (Form I-821) | Volume 3, Protection and Parole [3 USCIS-PM] |
Employment authorization | Application for Employment Authorization (Form I-765) | Volume 10, Employment Authorization [10 USCIS-PM] |
Travel authorization (including reentry permit, humanitarian parole, and advance parole document) | Application for Travel Document (Form I-131) | Volume 11, Travel and Identity Documents [11 USCIS-PM] |
Citizenship | Application for Naturalization (Form N-400) | Volume 12, Citizenship and Naturalization [12 USCIS-PM] |
Application for Certificate of Citizenship (Form N-600) | Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H] | |
Application for Citizenship and Issuance of Certificate Under Section 322 (Form N-600K) | ||
Overcoming Inadmissibility | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal (Form I-212) | Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM] |
Application for Waiver of Grounds of Inadmissibility (Form I-601) | ||
Application by Refugee for Waiver of Grounds of Excludability (Form I-602) | ||
Application for Advance Permission to Enter as a Nonimmigrant (Form I-192) | ||
Application for Waiver of Grounds of Inadmissibility (Form I-690) |
Each USCIS form has accompanying instructions that explain how to complete the form, as well as the necessary supporting evidence and fees that must be submitted with the completed form.[7] In addition, some forms may require the submission of biometric information and an additional fee for biometric processing.[8]
C. Legal Authorities
- INA 103 - Powers and duties of the Secretary, Under Secretary, and Attorney General
- 8 CFR 103.2 - Submission and adjudication of benefit requests
- 8 CFR 103.7 - Fees
- 8 CFR 106 - USCIS fee schedule, including fee requirements, fees, waivers and exemptions, and premium processing service
Footnotes
[^ 1] See 8 CFR 103.2(a)(1).
[^ 2] The terms “benefit request” and “immigration benefit request,” as used in this Part, include, but are not limited to, all requests funded by the Immigration Examinations Fee Account (IEFA). These terms may also refer to forms or requests not directly resulting in an immigration benefit, such as those resulting in an exercise of prosecutorial discretion by DHS.
[^ 3] See Pub. L. 55-551 (March 3, 1891).
[^ 4] See the USCIS History and Genealogy website for additional information. See Overview of Legacy Immigration and Naturalization Service (INS) History (PDF, 284.73 KB).
[^ 5] See INA 286(m).
[^ 6] See the USCIS All Forms webpage for a complete list of all USCIS forms and form instructions.
[^ 7] See 8 CFR 103.2. For a list of all forms and form instructions, see the USCIS Forms page.
[^ 8] See 8 CFR 103.2(a)(1).
Chapter 2 - Signatures
A. Signature Requirement
USCIS requires a valid signature on applications, petitions, requests, and certain other documents filed with USCIS.[1] Except as otherwise specifically authorized, a benefit requestor must personally sign his or her own request before filing it with USCIS.[2]
In order to maintain the integrity of the immigration benefit system and validate the identity of benefit requestors, USCIS rejects any benefit request with an improper signature and returns it to the requestor.[3] USCIS does not provide an opportunity to correct (or cure) a deficient signature. The benefit requestor, however, may resubmit the benefit request with a valid signature. As long as all other filing requirements are met, including payment of the required fee, USCIS may accept the resubmitted benefit request.
If USCIS accepts a request for adjudication and later determines that it has a deficient signature, USCIS denies the request. If USCIS needs additional information to confirm that a person[4] is authorized to sign on behalf of another person, corporation, or other legal entity, USCIS may issue either a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) to confirm that such signature authority existed at the time the document was submitted.
If USCIS issues a denial based on a deficient signature or unauthorized power of attorney (POA), the benefit requestor retains any motion and appeal rights associated with the applicable form.[5]
B. Valid Signature
A valid signature consists of any handwritten mark or sign made by a person to signify the following:
-
The person knows of the content of the request and any supporting documents;
-
The person has reviewed and approves of any information contained in such request and any supporting documents; and
-
The person certifies under penalty of perjury that the request and any other supporting documents are true and correct.
A valid signature does not need to be legible or in English, and may be abbreviated as long as this is consistent with how the person signing normally signs his or her name. A valid signature does not have to be in cursive handwriting. A person may use an “X” or similar mark as his or her signature. A signature is valid even if the original signature on the document is photocopied, scanned, faxed, or similarly reproduced. Regardless of how it is transmitted to USCIS, the copy must be of an original document containing an original handwritten signature, unless otherwise specified. The regulations do not require that the person signing submit an “original” or “wet ink” signature on a petition, application, or other request to USCIS.
When determining whether a signature is acceptable, officers should review any applicable regulations, form instructions, and policy to ensure that the signature on a particular benefit request is proper. USCIS does not accept signatures created by a typewriter, word processor, stamp, auto-pen, or similar device.
For benefit requests filed electronically as permitted by form instructions, USCIS accepts signatures in an electronic format. Benefit requestors must follow the instructions provided to properly sign electronically. [6]
Acceptable |
Unacceptable |
---|---|
|
|
C. Who May Sign
The signer of a benefit request or any document submitted to USCIS affirms that the signer has authority to sign the document, has knowledge of the facts being represented in the document, and attests to the veracity of the facts and claims made in the document. Signers may be held accountable for any fraud or material misrepresentation associated with the benefit request.
For any particular benefit request, USCIS may specify the signature requirements, as well as related evidentiary requirements, to establish signatory authority. Benefit requestors should refer to the benefit request and any accompanying instructions for benefit-specific information on signature requirements.
1. Benefit Requestors Themselves
In general, any person requesting an immigration benefit must sign their own immigration benefit request, and any other associated documents, before filing it with USCIS.[10] Therefore, corporations or other legal entities, attorneys, accredited representatives, agents,[11] preparers, and interpreters generally may not sign a benefit request, or associated documents, for a requestor.
By signing the benefit request, the requestor certifies under penalty of perjury that the benefit request, and all evidence submitted with it, either at or after the time of filing, is true and correct.
2. Parents and Legal Guardians of Requestors
A parent may sign a benefit request on behalf of a child who is under 14 years of age.[12] Children 14 years of age or older must sign on their own behalf. If a parent signs on behalf of a child, the parent must submit a birth certificate or adoption decree to establish the parent-child relationship.
A legal guardian[13] may also sign a benefit request on behalf of a child who is under 14 years of age, as well as for a mentally incompetent person of any age.[14]
By signing the benefit request, the parent or guardian certifies under penalty of perjury that the benefit request, and all evidence submitted with it, either at or after the time of filing, is true and correct.
Legal Guardian
A legal guardian is a person who a proper court or public authority has designated as the benefit requestor’s legal guardian or surrogate and who is authorized to exercise legal authority over the requestor’s affairs. Legal guardian does not include persons who were not appointed by the proper court or public authority, even if they have a legitimate interest in the legal affairs of the child or incapacitated adult, are acting in loco parentis, or are a family member.[15]
USCIS requires documentation to establish the legal guardian’s authority to sign a benefit request on behalf of the child or mentally incompetent requestor. Acceptable documentation includes, but is not limited to, official letters of guardianship or other orders issued by a court or government agency legally authorized to make such appointment under the law governing the place where the child or incapacitated requestor resides.
Designated Representative
For purposes of naturalization, a designated representative may also sign for the applicant who is unable to understand or communicate an understanding of the Oath of Allegiance because of a physical or developmental disability or mental impairment.[16]
Durable Power of Attorney Requirements
USCIS accepts a durable POA or similar legally binding document only in the case of an incapacitated adult. A formal court appointment is not necessary if a person signs on behalf of an incapacitated adult under the authority of a POA.
A POA is a written authorization to act on another’s behalf in private or business affairs or other legal matters. A durable POA is a contract signed while a person is still competent that assigns power of attorney in the event that the person becomes incapacitated at some point in the future.[17]
In most cases, the language of the durable POA specifies steps that need to be taken in order for the durable POA to take effect. To assess whether a durable POA is valid and in effect, USCIS generally requires, at minimum, a copy of the durable POA, as well as evidence showing that the steps required for the durable POA to take effect have occurred. Often this evidence includes a physician’s statement indicating that the durable POA is in effect as the result of the incapacitated adult’s disability. USCIS accepts a durable POA only if it complies with the state laws where it was executed. It is the burden of the person making the request to demonstrate that a durable POA is valid and in effect under the applicable state law.
If the person providing signatory authority under the POA is also acting as the incapacitated benefit requestor’s attorney or authorized representative for purposes of appearing before DHS, the person must submit a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28), and meet other regulatory requirements.[18]
3. Authorized Signers for Corporations or Other Legal Entities[19]
Under the Immigration and Nationality Act (INA), corporations and other legal entities, such as limited partnerships (LP), professional corporations (PC or P.C.), limited liability companies (LLC), or limited liability partnerships (LLP), may file certain requests with USCIS. Such a filing may include a request to classify a noncitizen as an immigrant or nonimmigrant under a specific employment-based category, for example.
Benefit requests filed with USCIS by such legal entities may only be signed by a person with the authority to sign on behalf of the petitioning entity. Authorized persons may include, but are not limited to:
-
An executive officer of a corporation or P.C. with authority to act on behalf of the corporate entity and legally bind and commit the corporate entity in all matters (for example, chief executive officer, president, or vice president);
-
A managing partner or managing member of an LLC or LLP;
-
A duly authorized partner of a partnership;
-
An attorney employed in an employer-employee relationship by a corporation or other legal entity as its legal representative, or as a legal representative by the corporation or other legal entity’s legal department in an employer-employee relationship (for example, in-house counsel, or other attorney employees or contractors);
-
A person employed within the entity’s human resources, human capital, employee relations, personnel, or similar department who is authorized to sign legal documents on behalf of the entity;
-
An executor or administrator of an estate;
-
A trustee of a trust or a duly appointed conservator; or
-
Any other employee[20] of the entity who has the authority to legally bind and commit the entity to the terms and conditions attached to the specific request and attestations made in the request.
A sole proprietor is the only person authorized to sign a request filed on behalf of a sole proprietorship.
In all cases involving authorized signers for corporations or other legal entities, the benefit request must contain a statement by the person signing the request, affirming that:
-
He or she has the legal authority to file the request on the petitioning employer’s behalf;
-
The employer is aware of all of the facts stated in the request; and
-
Such factual statements are complete, true, and correct.
If such affirmation if the form itself, a signature by the person filing the form may be sufficient to meet this requirement. If the affirmation specified above is not contained in the form, the authorized signer must provide a separate statement affirming that he or she has the authority to legally bind the corporation or other legal entity.
If USCIS has reason to doubt a person’s authority to sign or act on behalf of a corporation or other legal entity, USCIS may request evidence that demonstrates the person has the requisite legal authority to sign the request. Such requested evidence may include, but is not limited to:
-
Bylaws;
-
Articles of organization;
-
A letter reflecting delegation of such authority from a corporate officer or board member;
-
Board of director’s minutes reflecting the grant or the board’s approval of such authority being exercised by the person in question; or
-
A similar document that indicates the employee may legally bind the corporation or other legal entity with his or her signature.
D. Clarification Regarding Form G-28
An attorney or accredited representative may sign and submit a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) to certify that the person, corporation, or other legal entity named in the Form G-28 has authorized the attorney or representative to act on the person’s or legal entity’s behalf in front of Department of Homeland Security (DHS). However, a Form G-28 by itself does not authorize a representative to sign a request or other document on behalf of a person or legal entity. Further, an attorney or representative may not use a POA to sign a Form G-28 on behalf of a person or legal entity to authorize his or her own appearance.
Footnotes
[^ 1] Except as specifically authorized in the regulations, this guidance, or in the respective form instructions, an applicant, petitioner, or requestor must personally sign his or her own request before filing it with USCIS.
[^ 2] See 8 CFR 103.2(a)(2). The term “request” refers to any written request for an immigration benefit, service, or request for action, whether the request is submitted on an Office of Management and Budget-approved form or is an informal written request submitted to USCIS. The term also includes any form supplements and any other materials that require the signature of the requestor. An example of an exception to this requirement is for naturalization applications where a designated representative may sign an application on behalf of an applicant who otherwise qualifies for an oath waiver under INA 337(a) because of a physical or developmental disability or mental impairment. For more information, see Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance, Chapter 3, Oath of Allegiance Modifications and Waivers, Section C, Waiver of the Oath [12 USCIS-PM J.3(C)].
[^ 3] See 8 CFR 103.2(a)(7).
[^ 4] Unless otherwise specified, the term “person” as used in the Policy Manual refers to a natural person.
[^ 5] A rejection of a filing with USCIS may not be appealed, see 8 CFR 103.2(a)(7)(iii).
[^ 6] See 8 CFR 103.2(a)(2).
[^ 7] Must contain evidence (such as a physician's statement) indicating that the durable POA is in effect as a result of the person's disability.
[^ 8] For benefit requests filed electronically as permitted by form instructions, USCIS accepts signatures in an electronic format. Benefit requestors must follow the instructions provided to properly sign electronically, see 8 CFR 103.2(a)(2).
[^ 9] In certain instances, a stamped signature may be allowed as provided by the form instructions. For example, a health department physician who is acting as a blanket-designated civil surgeon and submitting a vaccination assessment for a refugee adjusting status on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) may provide an original (handwritten) or stamped signature, as long as it is the signature of the health department physician. See Form I-693 instructions (PDF, 453.66 KB). See Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation, Section C, Documentation Completed by Civil Surgeon, Subsection 3, Signatures [8 USCIS-PM B.4(C)(3)]. For benefit requests filed electronically as permitted by form instructions, USCIS accepts signatures in an electronic format. Benefit requestors must follow the instructions provided to properly sign electronically, see 8 CFR 103.2(a)(2).
[^ 10] See 8 CFR 103.2(a)(2).
[^ 11] This Part does not address agents who are filing as a petitioner on behalf of a corporation or other legal entity seeking an H, O, or P nonimmigrant worker, as provided in 8 CFR 214.2(h)(2)(i)(F), 8 CFR 214.2(h)(5)(i)(A), 8 CFR 214.2(h)(6)(iii)(B), 8 CFR 214.2(o)(2)(i), 8 CFR 214.2(o)(2)(iv)(E), 8 CFR 214.2(p)(2)(i), and 8 CFR 214.2(p)(2)(iv)(E). See the governing regulations and Petition for a Nonimmigrant Worker (Form I-129) instructions for more information on the applicable signature requirements for these particular nonimmigrant categories.
[^ 12] See 8 CFR 103.2(a)(2).
[^ 13] If a legal guardian signs on behalf of a requestor, the legal guardian must submit evidence to establish legal guardianship.
[^ 14] See 8 CFR 103.2(a)(2).
[^ 15] Different jurisdictions may have different terms for legal guardians, including conservator, committee, tutor, or other titles designating a duly appointed surrogate.
[^ 16] See Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance, Chapter 3, Oath of Allegiance Modifications and Waivers, Section C, Waiver of the Oath, Subsection 2, Legal Guardian, Surrogate, or Designated Representative [12 USCIS-PM J.3(C)(2)].
[^ 17] This scenario specifically describes a “springing” durable POA (as distinguished from an “immediate” durable POA). See Black’s Law Dictionary, 2nd Ed. (“durable power of attorney”). Because USCIS only accepts durable POAs that are in effect as the result of an incapacitated adult’s disability, a valid durable POA accepted by USCIS would necessarily be springing.
[^ 19] This section does not address agents who are permitted to act as a petitioner for a corporation or other legal entity seeking an H, O, or P nonimmigrant worker, as provided in 8 CFR 214.2(h)(2)(i)(F), (h)(5)(i)(A), (h)(6)(iii)(B), (o)(2)(i), (o)(2)(iv)(E), (p)(2)(i), or (p)(2)(iv)(E). See the particular nonimmigrant category’s regulations or the Petition for a Nonimmigrant Worker (Form I-129) instructions for the requirements governing the scope of an agent’s authority in those contexts.
[^ 20] The person’s title or department within the corporation or other legal entity is not determinative.
Chapter 3 - Fees
Requestors must include any required fees with the submission of a benefit request to USCIS. This payment must be in U.S. currency.[1]
The fee amount for each benefit request is controlled by regulation[2] and is published in the Fee Schedule (Form G-1055). The total fee amount for each request is not determined solely by the fee required for the associated form.[3] Additional fees may be required, such as a biometric services fee[4] or the fraud detection and prevention fee.[5]
The additional services needed in a given situation dictate which additional fees, if any, are added to the total amount. Form G-1055 indicates which fees are required.
USCIS may waive the fee for certain immigration benefit requests if the individual requests that the fee be waived and meets the eligibility criteria for the fee waiver.[6] Certain forms and categories of requestors are exempt from fees. In addition to Form G-1055, the Filing Fees webpage provides information about how to pay USCIS fees. Requestors can use the Fee Calculator to determine the exact filing fee for any form processed at a USCIS Lockbox facility.[7]
A. Fee Submission
1. Submission of Benefit Request with Fee
Once USCIS receives the proper fee[8] and determines the benefit request meets all other acceptance criteria,[9] USCIS accepts the submission of the benefit request and sends the benefit requestor a receipt notice. USCIS rejects submissions that do not contain valid payment of the correct fee amount or otherwise do not meet the acceptance criteria.[10] If the payment is not collectable and USCIS has approved the benefit request, USCIS may revoke, rescind, or cancel the approval with notice.[11]
The USCIS online system guides those benefit requestors filing online through the process of paying fees online. Once the form is ready for submission, the system directs the benefit requestor to Pay.gov to pay. If the payment is declined, the request cannot be submitted due to lack of payment.[12]
2. Unfunded Payments
USCIS fees are generally non-refundable and must be paid when the benefit request is filed.[13] If the requestor pays a fee by credit card and the credit card is declined for any reason, USCIS does not attempt to process the credit card payment a second time and may reject the associated request for lack of payment.[14] If a check or other method of payment used to pay a fee is dated more than 1 year before USCIS receives the request, USCIS may reject the payment and request.[15]
If a form of payment other than a credit card is used to pay a fee, and it is returned as unpayable because of insufficient funds, USCIS resubmits the payment to the remitter institution one time.[16] If the remitter institution returns the form of payment as unpayable a second time, USCIS may reject or deny the filing.[17] USCIS does not resubmit payments returned as unpayable for a reason other than insufficient funds.[18]
If a payment is unfunded at the time of filing, USCIS does not generally issue a receipt. However, if a receipt was issued, the unfunded payment renders it void and the requestor does not retain the receipt date.[19]
If a payment was unfunded after the benefit request was approved, USCIS may revoke, rescind, or cancel the approval with notice, typically in the form of a Notice of Intent to Revoke (NOIR).[20] USCIS may at its discretion separately bill the requestor for the unpaid fee instead of sending a NOIR. If a requestor receives such a NOIR, the requestor may respond with payment of the correct fee amount.
USCIS does not ultimately revoke, rescind, or cancel the approval on the basis of an unfunded fee payment if the requestor cures the deficiency noted in the NOIR with payment of the correct fee amount. USCIS may revoke the approval with notice of an approved benefit request that required multiple fees if any single fee is unfunded. In such cases, any other fees paid for the approved benefit request are non-refundable.[21]
B. Forms of Payment
USCIS accepts different payment methods depending on whether the benefit requestor resides inside or outside of the United States or the nature of the request. USCIS does not accept all forms of payment. Details regarding acceptable forms and methods of payment can be found on the Filing Fees webpage.
Benefit requestors filing from inside the United States may pay their fees in one of the following ways, depending on the form that is being submitted:
- Online using a credit card, debit card, or bank withdrawal; or
- By mail with an Authorization for Credit Card Transactions (Form G-1450), check, or money order.
In limited circumstances, an individual may submit a benefit request directly at a USCIS field office. In such cases, the benefit requestor may submit their request and appropriate fee by mail to the field office using either a check or Form G-1450.[22]
Benefit requestors filing from outside the United States should go to the Forms webpage to determine whether a form may be filed from outside of the United States. Depending on the form, the benefit requestor may pay fees online, by mail, or in person at a U.S. embassy or consulate.[23]
1. Credit Card, Debit Card, or Pre-paid Card
USCIS accepts payments by credit card, debit card, or pre-paid card for fees associated with benefit requests filed with one of the USCIS Lockbox facilities, the appropriate Service Center, and most USCIS field office locations.
Applicants filing by mail must use Form G-1450 to pay with a credit card, debit card, or pre-paid card. USCIS uses the information provided on Form G-1450 to process a credit card, debit card, or pre-paid card payment through either the U.S. Department of Treasury Pay.gov Collection Control Panel (CCP) or the Trusted Collections Service (TCS).
CCP and TCS are web-based applications that allow federal government agencies to process payments by credit, debit, or prepaid cards. After USCIS processes Form G-1450, USCIS destroys the authorization, regardless of whether USCIS accepts or rejects the associated benefit request.
2. Check
Benefit requestors may generally pay fees with bank drafts, cashier’s checks, certified checks, personal checks, and money orders drawn on U.S. financial institutions and payable in U.S. funds. Some USCIS field offices and international immigration offices no longer accept money orders or cashier’s checks. Benefit requestors should refer to the form instructions and form landing page on uscis.gov for the most up-to-date information.[24]
3. Cash
USCIS does not accept payment by cash to pay fees associated with benefit requests.
C. Refunds
Fees submitted to USCIS are generally non-refundable regardless of the ultimate decision on the benefit request or how much time is required to issue a decision.[25] There are a few exceptions to this rule, such as if USCIS makes an error that results in the inappropriate filing of a form or if USCIS collects the wrong fee.[26]
If a benefit requestor believes they are entitled to a refund of a fee, the requestor should contact the USCIS Contact Center or submit a written request for a refund to the USCIS office with jurisdiction over the benefit request.
USCIS reviews the request for a refund and either approves or denies the request based on the available information. If the officer finds USCIS made an error, the officer should complete a Request for Refund of Fee (Form G-266). USCIS then notifies the requestor of its decision on the request. All Forms G-266 must be signed by a District or Service Center Director, or a person within the chain of command that has been delegated that authority.
Fees paid to USCIS using a credit card, debit card, or pre-paid card are not subject to dispute, chargeback, forced refund, or return to the cardholder for any reason except at the discretion of USCIS.[27]
Footnotes
[^ 1] See 8 CFR 103.2(a)(7)(D). See 8 CFR 106.1.
[^ 2] See 8 CFR 106.2. See the USCIS All Forms webpage for a complete list of all forms and form instructions.
[^ 3] See 8 CFR 106.2.
[^ 4] See 8 CFR 103.17. Most forms no longer require a separate biometric services fee. See the form instructions for specific information about biometric services fee requirements.
[^ 5] See 8 CFR 106.2(c).
[^ 6] See INA 286(m) (authorizing USCIS fees to recover the costs of services provided without charge). See 8 CFR 106.3(a). For more information on Fee Waivers, see Chapter 4, Fee Waivers and Fee Exemptions [1 USCIS-PM B.4].
[^ 7] For more information, see the Forms Processed at a USCIS Lockbox webpage.
[^ 8] Unless the requestor is otherwise exempt from the fees or has an approved fee waiver.
[^ 9] For more information, see the Filing Guidance and Tips for Filing Forms by Mail webpages. For forms that are available for online filing, see the Tips for Filing Forms Online webpage.
[^ 10] See 8 CFR 103.2.
[^ 11] See 8 CFR 103.2(a)(7)(ii)(D). See also 8 CFR 106.1(c)(2).
[^ 12] For more information on submitting an online payment, see the Tips for Filing Forms Online webpage.
[^ 13] See 8 CFR 103.2(a).
[^ 14] See 8 CFR 103.2(a)(7)(ii)(D)(3).
[^ 15] See 8 CFR 103.2(a)(7)(ii)(D)(4).
[^ 16] See 8 CFR 103.2(a)(7)(ii)(D)(2).
[^ 17] See 8 CFR 103.2(a)(7)(ii)(D)(2).
[^ 18] See 8 CFR 103.2(a)(7)(ii)(D)(3).
[^ 19] See 8 CFR 106.1(c)(1).
[^ 20] See 8 CFR 103.2(a)(7)(ii)(D). See also 8 CFR 106.1(c)(2).
[^ 21] See 8 CFR 106.1(c)(2).
[^ 22] Applicants submitting an Application for Travel Document (Form I-131) with an emergency advance parole request must make an appointment with the USCIS Contact Center, apply in person with their payment (if applicable) and supporting documentation, and pay the application fee by credit card with Form G-1450 or check at the field office.
[^ 23] For information on how to pay USCIS fees outside of the United States, see the International Immigration Offices webpage or contact the appropriate U.S. Embassy or Consulate.
[^ 24] For more information on paying by check, see the Filing Fees webpage.
[^ 25] See 8 CFR 103.2(a)(1).
[^ 26] For example, when USCIS requests that an applicant file a waiver application for a ground of inadmissibility that was not necessary.
[^ 27] See 8 CFR 106.1(e).
Chapter 4 - Fee Waivers and Fee Exemptions
A. General
1. Eligibility to Request a Fee Waiver
USCIS permits certain categories of benefit requestors to submit a Request for Fee Waiver (Form I-912) for certain immigration benefits and services.[1] There is no fee required for filing a fee waiver request.
A benefit requestor may request a fee waiver from USCIS if:
- The form is eligible for a fee waiver and the benefit requestor meets any applicable conditions; and
- The benefit requestor is unable to pay the requisite fee based on one of three criteria described below (Section D, Basis for Inability to Pay).
If a benefit request includes both the appropriate filing fee and a fee waiver request, USCIS does not adjudicate the fee waiver request. In such a case, USCIS deposits the fee and processes the immigration benefit request, if it is otherwise acceptable.
2. Filing a Fee Waiver Request
To request a fee waiver, a benefit requestor must submit:
- A Request for Fee Waiver (Form I-912) or written statement requesting a fee waiver; and
- Documentation establishing eligibility for a fee waiver.
Generally, each person requesting a fee waiver must submit a separate Form I-912 or written statement and supporting documentation.[2] The requestor must sign the Form I-912 or written statement.[3]
USCIS does not review fee waiver requests submitted for benefit requests that USCIS rejected for reasons unrelated to the fee. For example, USCIS does not review fee waiver requests if an application is defective due to a missing signature.
3. Burden of Proof and Standard of Proof
The burden of proof is on the requestor to establish an inability to pay the required fee by a preponderance of the evidence by establishing at least one of the criteria for eligibility.[4] The requestor satisfies the standard of proof if they submit relevant, probative, and credible evidence that leads the USCIS officer to conclude that it is “probably true” or “more likely than not” that the requestor is unable to pay the required fee.[5]
B. Forms Eligible for Fee Waiver
If not otherwise exempt from paying the fee, a benefit requestor may submit a request for a fee waiver for certain eligible forms.[6] There are three general categories of fee waivers allowed for eligible forms:
- General fee waivers;
- Conditional fee waivers; and
- Humanitarian fee waivers.
General fee waivers are available for eligible forms for requestors who demonstrate an inability to pay. Conditional fee waivers are available for eligible forms for requestors who demonstrate an inability to pay and meet certain conditions. Humanitarian fee waivers are available for eligible forms for requestors for humanitarian purposes as authorized by statute.
1. General Fee Waivers
The following table provides a list of forms for which USCIS may waive the fees based on a requestor’s inability to pay.
Forms Eligible for General Fee Waivers |
---|
Application to Replace Permanent Resident Card (Form I-90) |
Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) (Form I-191)[7] |
Petition to Remove Conditions on Residence (Form I-751) |
Application for Family Unity Benefits (Form I-817) |
Application for Temporary Protected Status (Form I-821)[8] |
Application for Suspension of Deportation or Special Rule Cancellation of Removal (Form I-881) |
Application to File Declaration of Intention (Form N-300) |
Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336) |
Application for Naturalization (Form N-400) |
Application to Preserve Residence for Naturalization Purposes (Form N-470) |
Application for Replacement of Naturalization/Citizenship Document (Form N-565) |
Application for Certificate of Citizenship (Form N-600) |
Application for Citizenship and Issuance of Certificate under Section 322 (Form N-600K) |
2. Conditional Fee Waivers
Certain fee waivers depend on specific conditions. The following table provides a list of forms for which USCIS may waive fees based on the requestor’s inability to pay and if they meet the specified conditions.
Forms Eligible for Conditional Fee Waivers |
---|
Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I–129CW) petitioning for an E–2 CNMI investor |
Application to Extend/Change Nonimmigrant Status (Form I–539), only in the case of a noncitizen applying for CW–2 nonimmigrant status |
Application for Travel Document (Form I-131) for those applying for humanitarian parole |
Application for Advance Permission to Enter as Nonimmigrant (Form I-192) for an applicant who is exempt from the public charge grounds of inadmissibility[9] |
Application for Waiver of Passport and/or Visa (Form I-193) for an applicant who is exempt from the public charge grounds of inadmissibility[10] |
Notice of Appeal or Motion (Form I-290B) if the underlying benefit request was fee exempt, the fee was waived, or it was eligible for a fee waiver |
Application to Register Permanent Residence or Adjust Status (Form I-485) for an applicant who is exempt from the public charge grounds of inadmissibility[11] |
Petition for a CNMI-Only Nonimmigrant Transitional Worker, or an Application to Extend/Change Nonimmigrant Status (Form I-539) for an applicant applying for CW-2 nonimmigrant status |
Application for Waiver of Grounds of Inadmissibility (Form I-601) for an applicant who is exempt from the public charge grounds of inadmissibility[12] |
Notice of Appeal of Decision Under Sections 210 or 245A of the Immigration and Nationality Act (Form I-694) if the underlying application or petition was fee exempt, the filing fee was waived, or was eligible for a fee waiver |
Application for Employment Authorization (Form I-765), except persons filing under category (c)(33), Deferred Action for Childhood Arrivals (DACA) |
For the following forms if the applicant is exempt from public charge ground of inadmissibility under INA 212(a)(4):
|
3. Humanitarian Fee Waivers
USCIS provides fee exemptions for many forms filed by certain humanitarian categories of requestors.[13] If not otherwise exempt from paying the fee, an individual may request a fee waiver for any application or petition that is related to any of the following humanitarian categories:
- Battered spouses of A, G, E-3, or H nonimmigrants;
- Battered spouses or children of a lawful permanent resident or U.S. citizen under INA Section 240A(b)(2);
- T nonimmigrants;
- Temporary Protected Status (TPS);
- U nonimmigrants;
- VAWA self-petitioners and derivative(s);
- Conditional permanent residents (CPRs) filing a waiver of the joint filing requirement based on battery or extreme cruelty;
- Abused spouses and children adjusting status under the Cuban Adjustment Act (CAA) and Haitian Refugee Immigration Fairness Act of 1998 (HRIFA);
- Abused spouses and children seeking benefits under Nicaraguan Adjustment and Central American Relief Act (NACARA);
- Special immigrant juveniles;
- Asylees; or
- Refugees.[14]
C. Category of Requestor Eligible for Fee Waiver
1. Documentation of an Eligible Category
A requestor must submit documentation to show that they fall into a category eligible for a fee waiver. Such documentation may include:
- A copy of any type of Notice of Action (Form I-797) for the eligible benefit;
- A copy of a permanent resident card with the eligible category annotated; or
- Any other evidence of a petition or application pending with USCIS for an eligible benefit category.
For concurrently filed applications, USCIS officers review the type of benefit request submitted and the category requested to determine whether the requestor is eligible for a fee waiver.
For separately filed applications, if the primary benefit eligible for a fee waiver has already been filed, the requestor may submit a copy of the primary benefit petition or application that was filed with the fee waiver request.
An officer may verify in the available systems whether the requestor has applied for or received a benefit for one of the eligible categories.
2. Other Agency Fee Waiver Request
USCIS cannot waive the fee for any U.S. Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) forms, but an immigration judge may waive fees for EOIR forms as well as requests filed on USCIS forms in an immigration court proceeding.[15]
Immigration judges may also request that USCIS consider a fee waiver request for a party in their court. In such cases, the requestor must still submit Form I-912 or written statement along with evidence of eligibility for the fee waiver.
D. Basis for Inability to Pay
USCIS evaluates whether the requestor is unable to pay the filing fee based on the following criteria:
- The requestor or qualifying member of the requestor’s household is receiving a means-tested benefit;
- The requestor’s household income level is at or below 150 percent of the Federal Poverty Guidelines (FPG); or
- The requestor is experiencing extreme financial hardship due to extraordinary expenses or other circumstances that render the individual unable to pay the fee.
An officer must evaluate whether the requestor establishes an inability to pay under any of these three criteria.
1. Means-Tested Benefit
USCIS approves a request for fee waiver if the requestor or their qualifying family member is receiving a means-tested benefit at the time of filing the request for fee waiver. A means-tested benefit is a public benefit where a person’s eligibility for the benefit, the amount of the benefit, or both, is based on the person’s income and resources.
The benefit-granting agency determines whether the person is lawfully eligible for the means-tested benefit. USCIS considers means-tested benefits that are federally, state, locally, or tribal funded and granted by the benefit agency.
Examples of means-tested benefit programs include, but are not limited to:
- Any federal, state, local, or tribal cash assistance for income maintenance, such as:
- Supplemental Security Income (SSI);
- Temporary Assistance for Needy Families (TANF), which may be provided under another TANF-Program state name;
- Other federal, state, or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names);
- Supplemental Nutrition Assistance Program (SNAP);
- Medicaid (federally funded Medicaid may also be provided under a Medicaid Program state name);
- Section 8 Housing Assistance under the Housing Choice Voucher program, Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation), and housing assistance under the McKinney-Vento Homeless Assistance Act;
- Housing under the Housing Act of 1937;
- Low Income Home Energy Assistance Program (LIHEAP) and other energy assistance programs;
- CNMI Nutrition Assistance Program (NAP);
- Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act);
- Any cash benefit provided by the Department of Veteran's Affairs or other federal or state, local, or tribal benefit provided based on veteran status;
- Benefits under the Emergency Food Assistance Program (TEFAP);
- Child and Adult Care Food Program (CACFP);
- Food Distribution Program on Indian Reservations (FDPIR);
- Benefits through the Child Nutrition Act, Benefits from the National School Lunch Act and Summer Food Service program;
- Child Care and Development Block Grant Program (CCDBGP);
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and
- Children's Health Insurance Program (CHIP) and State Children's Health Insurance Program (SCHIP).
Family Member’s Means-Tested Benefit
A requestor’s spouse and unmarried children under 21 years of age who reside with the requestor are generally eligible for a fee waiver based on the requestor’s receipt of a means-tested benefit. If the requestor is legally separated from the spouse or not living with the spouse, then the requestor is ineligible for the fee waiver based on the spouse’s means-tested benefit.
A requestor may be eligible for a fee waiver based on their child’s receipt of a means-tested benefit so long as their child is unmarried, under 21 years of age, resides with the requestor, and the child’s eligibility for the benefit is based on the requestor’s income.[16]
For example, a parent may use evidence of a child’s receipt of public housing, WIC, or SNAP as proof of inability to pay when the parent resides in the same residence because the child’s eligibility for public housing is partly based on the parent's income.
In general, a child over 21 years of age cannot use a parent’s means-tested benefit to qualify for a fee waiver. However, if the child is disabled and the parent is the child’s legal guardian or surrogate, the child may use the parent’s means-tested benefit to support a request for fee waiver.[17]
Documentation
In general, if a requestor provides documentation of receipt of a means-tested benefit, the request for fee waiver is approved and no further information is required. To demonstrate that an individual is currently receiving a means-tested benefit, the requestor must provide a letter, notice, or other agency document(s) containing the following information:
- The name of the individual receiving the means-tested benefit;
- The name of the agency granting the public benefit;[18]
- The type of benefit; and
- Indication that the benefit is currently being received (for example, a recently dated letter or document with effective dates, date of renewal or period the approval ends, if available). If the documentation is more than 12 months old, the requestor must provide additional evidence that shows the benefit is currently being received.
If the basis of a request for fee waiver is a qualifying family member’s receipt of a means-tested benefit, then the requestor must also provide documentation establishing that the requestor is listed as a person receiving the means-tested benefit or documentation establishing the qualifying familial relationship and that the requestor is residing in the same household as the individual that is receiving the means-tested benefit.
2. Household Income at or Below 150 percent of the Federal Poverty Guidelines
USCIS approves a request for fee waiver if the requestor demonstrates that their total adjusted gross household income at the time of the request is at or below 150 percent of the current FPG based on household size. USCIS does not review the requestor’s past history of income or future income or financial situation when determining household income.
The Secretary of the U.S. Department of Health and Human Services (HHS) establishes the FPG annually. USCIS uses the adjusted gross income from an IRS Form 1040 or the gross income from an IRS Form W-2 including any overtime and irregular hours as listed to calculate the annual income.
For fee waiver purposes, a household[19] may include:
- The requestor;
- The head of household (if not the requestor);[20]
- The requestor’s spouse, if living with the requestor (if the requestor and spouse are separated or not living together, then the spouse is not included as part of the household);[21] and
- Any family members living in the requestor’s household who are dependent on the applicant’s income, the spouse’s income, or the head of household’s income.
Family members living in the requestor’s household may include:
- The requestor’s children or legal wards who are unmarried and under 21 years of age;
- The requestor’s children or legal wards who are unmarried, are 21 years of age or over, but under 24 years of age, and are full-time students;
- The requestor’s children or legal wards who are unmarried and for whom the requestor is the legal guardian because the child or legal ward is physically or developmentally disabled, or mentally impaired and unable to self-care, establish, maintain, or re-establish their own household;
- The requestor’s parents; and
- Any other dependents listed on the requestor’s federal income tax return, or the spouse’s or head of household’s federal income tax return.[22]
For a fee waiver request, USCIS does not include people who are cohabitating with the applicant, but not financially supported by the applicant, such as roommates or nannies, within the definition of household or household member.
Additionally, if the requestor has been deemed legally incompetent[23] by a court of law, then the requestor’s individual income is still used to determine household income. However, the income of any household member, legal guardian or surrogate, or any other care provider, does not count towards the calculation of household income for such requestors.
Documentation
To demonstrate household income at or below 150 percent of the FPG, the requestor may provide a copy of one or more of the following, where applicable, for each household member:
- Most recent federal tax return with signature (or transcript);[24]
- Most recent Wage and Tax Statement (IRS Form W-2);
- Consecutive pay statements (stubs) for a minimum period of one month dated within the three months preceding the receipt of the fee waiver request;
- Certain Government Payments (Form 1099-G);
- Form SSA-1099; or
- Documentation of any additional financial assistance.[25]
An officer may grant a request for fee waiver in the absence of some of this documentation so long as the available documentation supports that the requestor is more likely than not unable to pay the fee.
If the household member’s income has changed since the tax return filing because of unemployment, the requestor provides evidence of the household member’s unemployment such as a termination letter or unemployment insurance receipt. If the household member’s income has changed since the tax return filing due to a change in employment or change in income, the requestor provides information on the current employment and income, such as recent pay statements (stubs) or Form W-2.
If the household members reside and filed tax returns in a U.S. territory and were not required to file a federal tax return, the requestor must submit the tax returns (or transcript) from the territory instead of a federal tax return.
Tax Returns
A copy of the most recent tax return with signature alone may provide sufficient proof of income for fee waiver purposes. However, where the requestor provides other proof of income (or lack of income), a request for fee waiver should not be rejected solely based on the absence of tax return(s).
If the request for fee waiver is filed between January 1 and the deadline for filing income taxes for the year, and the household member has not yet filed the previous year’s income tax return, the requestor may submit the household member’s tax return (or transcript[26]) for the most recently filed year. The requestor must certify by signing their fee waiver request that their income has not changed since the most recently filed tax return. If the household member’s income has changed since their most recently filed tax return, the requester must submit additional evidence of the household member’s income.[27]
USCIS does not accept Earned Income Tax Credit (EITC) statements, Miscellaneous Income (Form 1099-MISC), and Certain Government Payments (Form 1099-G) or other G-1099 forms as proof of income without the tax returns, tax transcripts, W-2s, or Social Security statements.
If the requestor’s current situation is different from the documentation provided, the requestor must provide an explanation regarding the inconsistency in the documentation. For example, if a tax return or transcript indicates the requestor is married, but the requestor is currently separated or annotates single in the fee waiver request, the requestor must provide an additional explanation for the inconsistency and the documentation for income. The requestor may provide additional documentation to establish marital status and household size.
A requestor may use IRS Form 4506-T (PDF) to request:
- An income tax transcript;
- A copy of Form W-2; or
- Form 1099-G.
Requestors do not need to submit multiple copies of tax returns. If the requestor provided their most recent tax returns as part of the underlying petition or application filed with the Form I-912, such as a naturalization application and tax returns, filed concurrently, the requestor does not need to submit additional tax returns or a transcript.
Additional Financial Assistance
To establish the total income, a request must include any additional financial assistance (not otherwise included in a tax return or W-2) including any Social Security income (as reflected on the SSA-1099) to the adjusted gross income in the tax return.
The table below includes some types of additional financial assistance that USCIS considers household income for a fee waiver request. The requestor must provide documentation of each type of additional financial assistance that applies.
Additional Financial Assistance |
---|
Parental support |
Child support |
Pensions |
Royalties |
Unemployment benefits |
Alimony |
Educational stipends |
Social Security |
Veterans benefits |
A court order granting any child support or documentation from an agency providing other income or financial assistance |
Consistent or regular financial support from adult children, parents, dependents, or other people living in the applicant’s household |
VAWA, T, and U-Based Requestors
Requestors seeking a fee waiver for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits[28] or T or U nonimmigrant status that are not otherwise fee exempted do not need to list as household members or provide income information for the following people:
- Any person in the household who is or was the requestor’s abuser, human trafficker, or perpetrator; or
- A person who is or was a member of the abuser, human trafficker, or perpetrator’s household.
In addition, such requestors do not need to list their spouse as a household member or include their spouse’s income in the fee waiver request.
If a VAWA self-petitioner or recipient[29] (or their derivative(s)) or applicant, petitioner, or recipient of T or U nonimmigrant status does not have any income or cannot provide proof of income, the requestor may:
- Describe the situation in sufficient detail in the fee waiver request to substantiate lack of income or income at or below 150 percent of the FPG, as well as the inability to obtain the required documentation; and
- Provide any documentation of the income, such as pay stubs or affidavits from religious institutions, non-profits, or other community-based organizations, verifying that the requestor is currently receiving some benefit or support from that entity and attesting to the financial situation, if available.
Special Immigrant Juveniles
A petitioner or recipient of Special Immigrant Juvenile (SIJ) classification who files a fee waiver request for a filing not otherwise fee exempted does not need to provide proof of income. USCIS considers requestors in this category as part of their own household, without including any foster or group home household members.
Instead of proof of income, the fee waiver request must include documentation showing that the requestor has an approved petition for SIJ classification (for example, a copy of Notice of Action (Form I-797) for Form I-360).[30]
3. Extreme Financial Hardship
Even if a requestor has income above 150 percent of the FPG, the requestor may be able to demonstrate that extreme financial hardship makes the requestor unable to pay the fee(s). Extreme financial hardship occurs when a requestor requires substantially all of their current income and liquid assets to meet current ordinary and necessary living expenses. An extreme financial hardship is more than a financial burden caused by paying the filing fee.
The requestor may demonstrate extreme financial hardship due to extraordinary expenses or other circumstances affecting the requestor’s financial situation to the degree of inability to pay the fee. If the requestor is under extreme financial hardship, the requestor should demonstrate negative financial impact as a result of this hardship in the 12 months preceding the receipt of the fee waiver request that rendered the requestor unable to pay the fee.
The following list contains some examples of financial hardships for which USCIS may grant a request for fee waiver:
- A medical emergency or catastrophic illness affecting the noncitizen or the noncitizen’s dependents;[31]
- Unemployment;
- Significant loss of work hours and wages (change in employment status);
- Eviction;
- Homelessness;
- Military deployment of spouse or parent;
- Natural disaster;
- Loss of home (destruction such as fire, water, or collapse);
- Inability to pay basic utilities, rent, childcare, or mortgage (payments and bills for each month are more than the monthly income);
- Substantial financial losses to small business that affect personal income;
- Victimization;
- Divorce or death of a spouse that affects overall income; or
- Other situations that could not normally be expected in the regular course of life events that would limit a person’s ability to meet necessary living expenses.
Documentation
In addition to explaining the financial hardship in the request for fee waiver, a requestor may submit documentation as follows to demonstrate extreme financial hardship:
- Documentation of income, as provided above;
- Documentation of all assets owned, possessed, or controlled by the requestor and dependents; or
- Documentation concerning liabilities and expenses owed by the requestor and dependents, and any other expenses for which the requestor is responsible.
An officer may grant a request for fee waiver in the absence of some of this documentation as long as the available documentation supports that the requestor is more likely than not unable to pay the fee.
The table below provides a list of some assets and liabilities that may be identified as part of the fee waiver request.
Assets | Liabilities |
---|---|
|
|
In general, if a requestor provides proof of inability to pay the fee based on financial hardship, the request for fee waiver may be approved on this basis and no further information is required.
4. Requestors Without Income
If the requestor has no income due to unemployment, homelessness, or other factors, the requestor may provide, as applicable:
- A detailed description of the financial situation that demonstrates eligibility for the fee waiver;
- Hospital bills;
- Bankruptcy documents;
- If the requestor is receiving support services, an affidavit from a religious institution, non-profit, hospital, or community-based organization verifying the person is currently receiving some benefit or support from that entity and attesting to the requestor’s financial situation; or
- Evidence of unemployment, such as a termination letter or unemployment insurance receipt.
An officer may grant a request for fee waiver in the absence of some of this documentation, as long as the available documentation supports that the requestor is more likely than not unable to pay the fee.
VAWA, T, and U-Based Requestors
USCIS considers whether a requestor is unable to obtain proof of income due to alleged victimization such as trafficking or abuse. If not otherwise eligible for a fee exemption, the requestor should describe the situation in the Form I-912 or written request to substantiate the inability to pay as well as the inability to obtain the required documentation.
The requestor should provide any available documentation, such as affidavits from religious institutions, non-profits, or other community-based organizations verifying that the requestor is currently receiving some benefit or support from that entity and attesting to the financial situation.
E. Emergent Circumstance
Natural catastrophes and other extreme situations[32] beyond a person’s control may affect the ability to pay USCIS fees. Based on the USCIS Director’s authority to waive a required fee,[33] USCIS may designate certain time periods or events in which a person may file a fee waiver request when not otherwise eligible.[34]
In such cases, the requestor must still file a fee waiver request and establish eligibility under one of the criteria (generally, financial hardship). USCIS may accept the request based on the requestor’s statement even if there is no documentation of the emergencies and unforeseen circumstances.
Unless otherwise eligible, requestors may only seek a fee waiver under those emergent circumstances described in the Immigration Relief in Emergencies or Unforeseen Circumstances webpage.
F. Adjudication
USCIS may grant a fee waiver request when USCIS determines that the requestor has met the eligibility requirements.
USCIS adjudicates the fee waiver request based on the information provided in the Request for Fee Waiver (Form I-912) or written statement, as well as any additional documentation submitted in support of the fee waiver request at the time of filing. USCIS does not issue any Requests for Evidence for fee waiver requests.
The table below provides a general outline to guide the adjudication of a request for a fee waiver.
Step | For More Information | |
---|---|---|
1 | Determine whether the application or petition form was properly signed. | Chapter 2, Signatures [1 USCIS-PM B.2] |
2 | Identify whether the form has a fee, or the requestor falls within a fee exempt category. | Chapter 3, Fees [1 USCIS-PM B.3], Section G, Fee Exemptions [1 USCIS-PM B.4(G)] |
3 | Verify whether the form type is eligible for a fee waiver. | Section B, Forms Eligible for Fee Waiver [1 USCIS-PM B.4(B)] |
4 | If applicable, verify whether the requestor has a pending or approved petition or application for a benefit category eligible for a fee waiver. | Section C, Category of Requestor Eligible for Fee Waiver [1 USCIS-PM B.4(C)] |
5 | Determine whether the requestor or a qualifying member of the requestor’s household receives a means-tested benefit. | Section D, Basis for Inability to Pay, Subsection 1, Means-Tested Benefit [1 USCIS-PM B.4(D)(1)] |
5a | If sufficient proof of a means-tested benefit, the request for fee waiver is approved and no further information is required. | Section D, Basis for Inability to Pay, Subsection 1, Means-Tested Benefit [1 USCIS-PM B.4(D)(1)] |
5b | If no documentation of a means-tested benefit, proceed to 6. | Section D, Basis for Inability to Pay, Subsection 1, Means-Tested Benefit [1 USCIS-PM B.4(D)(1)] |
6 | Determine the household size and the income level at which the requestor may qualify based on the household size. | Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 percent of Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] |
7 | Identify all valid sources of income applicable to the household and that the requestor submitted the proper documentation of income (or lack of income). | Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 percent of Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] |
8 | Determine whether the requestor’s adjusted gross income from tax returns (or gross income from W-2) is at or below 150 percent of the relevant FPG level (based on household size). | Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 percent of Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] |
8a | If sufficient proof of household income at or below 150 percent of the FPG, the request for fee waiver is approved and no further information is required. | Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 percent of Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] |
8b | If insufficient proof of household income at or below 150 percent of the FPG, proceed to 9. | Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 percent of Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] |
9 | Determine if the requestor is under extreme financial hardship due to extraordinary expenses or other circumstances that render the individual unable to pay the fee. | Section D, Basis for Inability to Pay, Subsection 3, Financial Hardship [1 USCIS-PM B.4(D)(3)] |
9a | If sufficient proof of extreme financial hardship, the request for fee waiver is approved and no further information is required. | Section D, Basis for Inability to Pay, Subsection 3, Financial Hardship [1 USCIS-PM B.4(D)(3)] |
9b | If insufficient proof of extreme financial hardship such that the requestor is unable to pay the fee, the requestor is not eligible for a fee waiver and the request is rejected. | Section D, Basis for Inability to Pay, Subsection 3, Extreme Financial Hardship [1 USCIS-PM B.4(D)(3)] |
1. Family-Related Applications or Petitions
In general, a requestor may file one request for fee waiver for all eligible family-related applications or petitions filed together. For example, if the requestor files the Application to Register Permanent Residence or Adjust Status (Form I-485) and the requestor’s spouse and children file separate Forms I-485 at the same time, the requestor, spouse, and children need only file one Form I-912 or written request for fee waiver.
If eligible family-related applications or petitions are filed separately, each individual family member must separately submit a Form I-912 or written request for fee waiver with the eligible application or petition.
Each fee waiver request is unique and USCIS considers each request on its own merits. However, where family members separately submit family-related applications or petitions and related requests for fee waiver, USCIS should issue consistent determinations on the family members’ individual requests for fee waiver.
2. Rejection
If USCIS determines that the requestor is not eligible for a fee waiver, then USCIS rejects the fee waiver request and the benefit request. The rejection notice must provide the requestor detailed reasons for the rejection. The table below provides a non-exhaustive list of common reasons for rejection.
Reason | Explanation |
---|---|
Lack of proper filing |
|
Ineligible form or category |
|
Income is above 150 percent of the FPG and does not otherwise qualify |
|
Unable to determine household income |
|
Lack of income documentation[37] | Lack of documentation of income (such as tax return or transcript, W-2, or pay statements) and additional income or financial support for the requestor and each household member identified in the fee waiver request or of the person providing additional income, as appropriate. |
There is no appeal of a rejection of a fee waiver request. Requestors may, however, file another fee waiver request with the required documentation to establish eligibility. An applicant may also refile the benefit request with the proper fees for USCIS to process the request. The filing of a fee waiver does not toll or pause any other applicable deadlines, such as the deadline for filing an appeal or motion. Therefore, if a fee waiver request is rejected, the requestor must endeavor to re-file within the applicable timeframe. USCIS uses the postmark date of a filing to determine which form version and fees are correct but uses the receipt date for purposes of any regulatory or statutory filing deadlines.[38]
G. Fee Exemptions
Aside from fee exemptions specifically listed in regulations, the USCIS Director may provide an exemption for any fee required.[39] The Director must determine that such action would be in the public interest and the action is consistent with the applicable law.
Fee exemptions are distinct from fee waivers in that exemptions apply automatically and do not require the requestor to establish eligibility. A benefit requestor may not individually request a fee exemption as they would a fee waiver. The Director may also provide temporary fee exemptions as necessary. A request for a USCIS Director’s fee exemption must be submitted to the Office of the Director for clearance.
All current fee exemptions can be found in the Fee Schedule (Form G-1055).
Footnotes
[^ 1] See 8 CFR 106.3.
[^ 2] There is an exception for family-related applications or petitions filed at the same time. See Section F, Adjudication [1 USCIS-PM B.4(F)].
[^ 3] For information on valid signatures and who may sign, see Chapter 2, Signatures [1 USCIS-PM B.2].
[^ 4] See Section D, Basis for Inability to Pay [1 USCIS-PM B.4(D)]. See Matter of Chawathe (PDF), 25 I&N Dec. 369 (AAO 2010) (identifying preponderance of the evidence as the standard for immigration benefits generally, and in that case specifically naturalization).
[^ 5] See Matter of Chawathe (PDF), 25 I&N Dec. 369, 376 (AAO 2010) (preponderance of the evidence means more likely than not). See U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987) (defining “more likely than not” as a greater than 50 percent probability of something occurring).
[^ 6] See 8 CFR 106.3(a)(3).
[^ 7] Also known as the Application for Advance Permission to Return to Unrelinquished Domicile.
[^ 8] See 8 CFR 106.2(a)(50). Re-registrants are exempt from paying the Form I-821 fee. Note that the biometric services fee for TPS applicants and re-registrants is not waivable.
[^ 9] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.
[^ 10] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.
[^ 11] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.
[^ 12] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.
[^ 13] See 8 CFR 106.2 and 8 CFR 106.3(b). See Fee Schedule (Form G-1055).
[^ 14] See Instructions for Form I-912.
[^ 15] See 8 CFR 1003.24(d) and 8 CFR 1103.7.
[^ 16] The requestor may also use the child’s means-tested benefit to support a fee waiver request based on household income. See Subsection 2, Household Income at or Below 150 Percent of the Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] for further discussion of qualifying members of a household.
[^ 17] In this situation, the child may also use the parent’s means-tested benefit to support a fee waiver request based on household income. See Subsection 2, Household Income at or Below 150 Percent of the Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)].
[^ 18] USCIS may accept documentations from school for meal-related public benefits.
[^ 19] If the requestor submits any joint-filed federal tax returns, USCIS reviews the household size to determine household members or spouses.
[^ 20] In general, the head of the household is the person who files the most recent federal tax return with the Internal Revenue Service (IRS) for the household, or the person who earns most of the income for the household.
[^ 21] However, any additional income or financial support provided by the spouses must be included in the request, as discussed later in this subsection.
[^ 22] USCIS reviews the IRS federal income tax return to examine whether the requestor listed any dependents.
[^ 23] See Black’s Law Dictionary (11th ed. 2019) (incompetency is generally defined as the quality, state, or condition of being unable or unqualified to do something).
[^ 24] The requestor is not required to have the IRS certify the tax return or transcript. A copy of an unsigned tax return alone is insufficient to establish income.
[^ 25] Documentation of additional financial assistance is discussed later in this subsection.
[^ 26] For information on obtaining federal income tax transcripts without a fee, see the IRS' Get Your Tax Record webpage.
[^ 27] Details on the type of documentation required to show the household member’s income is discussed earlier in this subsection.
[^ 28] VAWA benefits include VAWA self-petitioners and derivatives as defined under INA 101(a)(51) and anyone otherwise self-petitioning due to battery or extreme cruelty under INA 204(a).
[^ 29] Includes VAWA self-petitioners and their derivatives as defined under INA 101(a)(51) and anyone otherwise self-petitioning due to battery or extreme cruelty under INA 204(a).
[^ 30] An officer may verify in the available systems whether the requestor has received SIJ classification.
[^ 31] Dependents include the noncitizen’s spouse, children, parents, or ward.
[^ 32] Including major natural disasters declared in accordance with 44 CFR 206, subpart B.
[^ 33] See 8 CFR 106.3(c). This discretionary authority may be delegated only to the USCIS Deputy Director.
[^ 34] See Immigration Relief in Emergencies or Unforeseen Circumstances webpage. For example, USCIS allowed for consideration of fee waivers for those affected by South Carolina floods in 2015.
[^ 35] Applicants for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status do not need to list as a member of their household or provide the income of any person who is or was their abuser, human trafficker, or perpetrator or is or was a member of the abuser, human trafficker, or perpetrator’s household. For more information, see Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 Percent of Federal Poverty Guidelines, [1 USCIS-PM B.4(D)(2)].
[^ 36] Applicants for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status do not need to list their spouse as a household member or provide their spouse’s income.
[^ 37] Generally, applicants for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status are not rejected for a lack of documentation if the applicant has described the inability to provide the required documentation in sufficient detail and provided any other available documentation. In addition, USCIS does not require SIJs to provide proof of income but does require other documentation for a fee waiver request. See Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 Percent of the Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)].
[^ 38] See 8 CFR 103.2(a)(7).
[^ 39] See 8 CFR 106.3(c).
Chapter 5 - Interpreters and Preparers
If an interpreter assists the benefit requestor in reading the instructions and questions on a benefit request, the interpreter must provide his or her contact information, sign, and date the benefit request in the section indicated.
If a preparer assists the benefit requestor in completing his or her benefit request, the preparer and any other person who assisted in completing the benefit request must provide their contact information, sign, and date the benefit request in the section indicated.
If the person who helped interpret or prepare the benefit request is an attorney or accredited representative, he or she must determine if the level of involvement and rules of professional responsibility require him or her to submit a signed and completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) with the benefit request. If the person intends to represent the benefit requestor before USCIS, he or she must submit a completed Form G-28. The attorney or accredited representative of the benefit requestor cannot serve as an interpreter during the interview.[1]
Footnote
[^ 1] Officers cannot make exceptions for good cause.
Chapter 6 - Submitting Requests
A. How to Submit
1. Traditional Mail
Benefit requestors may use traditional mail to file benefit requests involving fees with a USCIS Lockbox.[1] Benefit requestors should refer to the form instructions and the USCIS All Forms webpage for more information on where and how to submit a particular benefit request, and what initial evidence is expected.[2]
Assembling and Submitting Application Package
USCIS recommends that benefit requesters assemble their benefit request packages in the order indicated for that particular benefit.[3]
Application Intake Inquiries
Requestors who have questions or concerns about the intake of a benefit request should route their inquiries as indicated on the USCIS Contact Us webpage.
2. Electronic Submission
Some USCIS forms are available for submission online. Filing online allows users to:
- Set up and manage accounts;
- Submit benefit requests and supporting documents electronically;
- Manage and link paper-filed benefits with an online account;
- Receive and respond to notices and decisions electronically;
- Make payments online; and
- Access real-time information about the status of cases.
Information entered electronically in anticipation of filing online is saved for 30 days from the last time a person worked on the request. USCIS cannot accept the benefit request until the person completes the electronic submission process.
If a benefit requestor files a benefit request online, USCIS notifies the person electronically of any notices or decisions. In general, USCIS does not issue paper notices or decisions for electronically-filed benefit requests. However, an online filer may request that USCIS mail paper notices. USCIS may also, in its discretion, decide to issue a paper notice.[4]
B. Intake Processing
Once USCIS receives a benefit request, including an appeal or motion, USCIS assesses whether the request meets the minimum requirements for USCIS to accept it. If all minimum requirements (including submission of initial evidence for intake purposes) for acceptance are not met, USCIS rejects the benefit request for improper filing.[5]
USCIS only begins to adjudicate a benefit request after USCIS accepts the request, processes any required fees, and issues a receipt notice (or date stamp, where applicable) to reflect the date of physical or electronic receipt.[6] USCIS does not consider benefit requests that are rejected to be properly filed.[7]
In order for USCIS to accept a benefit request, a submission must satisfy all applicable acceptance criteria.[8] USCIS generally accepts the request if it contains:
- A complete, properly executed form, with a proper signature;
- The correct fees;[9] and
- The required initial evidence for intake purposes, as directed by the form instructions.[10]
USCIS rejects benefit requests that do not meet these minimum requirements. Reasons for rejection may include, but are not limited to:
- Incomplete benefit request;[11]
- Improper signature or no signature;[12]
- Use of an outdated version of a USCIS form at time of submission;
- Principal application error (USCIS cannot process derivative or dependent applications if the related principal application is in error); and
- Incorrect fee, including missing fees or fees in the wrong amount.[13]
In addition, USCIS rejects benefit requests for an immigrant visa if an immigrant visa is not immediately available to the applicant.[14]
The rejection of a filing with USCIS may not be appealed.[15] However, rejections do not preclude a benefit requestor from resubmitting a corrected benefit request. If the benefit requestor later resubmits a previously rejected but corrected benefit request, USCIS processes the case anew, without prejudice.[16] The rejected case does not retain its original receipt date when resubmitted.
USCIS requires new fees with any new benefit request; a new filing date also generally applies.[17]
Effect of Declined or Returned Payment
Filing fees generally are non-refundable regardless of the outcome of the benefit request, or how much time the adjudication requires, and any decision to refund a fee is at the discretion of USCIS.[18]
If the benefit requestor pays a fee by credit card and the credit card is declined for any reason, USCIS does not attempt to process the credit card payment a second time and may reject the associated request for lack of payment.[19]
If a form of payment other than a credit card submitted for payment is returned as not payable because of insufficient funds, USCIS re-submits the payment to the remitter institution one time.[20] If the form of payment is returned as non-payable a second time, USCIS may reject or deny the benefit request as improperly filed and the receipt date is forfeited.[21]
USCIS does not resubmit payments returned as unpayable for a reason other than insufficient funds.[22] A rejection of a filing with USCIS may not be appealed.[23]
Returned Payment for an Underlying Petition
If a dishonored payment rejection occurs on an underlying petition that is accompanied by other filings that are dependent on the filing that is rejected, such as an Immigrant Petition for an Alien Worker (Form I-140) concurrently filed with an Application to Register Permanent Residence or Adjust Status (Form I-485), even though the other filings’ fees may be honored, USCIS administratively closes the dependent filings and refunds the fees.
Returned Payment for Premium Processing Service Requests
If a premium processing fee for a Request for Premium Processing Service (Form I-907) is declined or returned when it is filed at the same time as a Petition for Nonimmigrant Worker (Form I-129) or Immigrant Petition for Alien Workers (Form I-140), USCIS rejects the entire filing.
If USCIS has approved the petition and any fee, including one fee of a multiple fee filing, is declined or returned, USCIS may revoke the approval upon notice.
In this case, USCIS issues a Notice of Intent to Revoke (NOIR) to the requestor. If the requestor does not rectify the declined or returned payment within the requisite NOIR time period, USCIS revokes the approval and retains (and does not refund) any fee that was honored in association with the approval.
For example, if the Form I-907 fee is declined or returned after USCIS approves an associated Form I-140, USCIS revokes the Form I-140 approval (assuming the NOIR time period has passed without sufficient response). USCIS then retains the Form I-140 fee, administratively closes the Form I-485, and refunds the Form I-485 fee.
Response to a NOIR
If USCIS has approved the petition and any fee, including one fee of a multiple fee filing, is declined or returned, USCIS may revoke, rescind, or cancel the approval. In this case, USCIS issues a NOIR to the requestor.[24] If the approved benefit request requires multiple fees, approval may be revoked if any fee submitted is not honored. USCIS does not refund other fees that were paid for an approved benefit request that is revoked because of a declined or returned fee payment.[25]
To sufficiently respond to a NOIR, the requestor must, within the requisite NOIR time period, provide payment of the correct fee amount or demonstrate that the payment was honored or that it was rejected by USCIS by mistake.[26] If USCIS issues a NOIR and the request does not return sufficient evidence to reinstate the case to pending status, then USCIS reopens and denies the request.
USCIS then sends a notice to the requestor informing them that USCIS has revoked the approval and denied the benefit request. In contrast with the rejection of a filing, a revocation of an approval due to a declined or returned fee may be appealed to the USCIS Administrative Appeals Office.[27] All revocation notices instruct the requestor on how they may appeal the revocation or denial due to a declined or returned payment.[28]
If USCIS does not have the authority to revoke or reopen and deny the benefit request, USCIS annotates the file to indicate that USCIS never received payment and notifies the benefit requestor of the payment deficiency. USCIS then notifies the applicant or petitioner that there is a payment deficiency. The officer should also request local counsel assess the applicant’s actions and intentions and assist in determining the appropriate next steps on a per case basis.
If USCIS already denied or revoked the benefit request for other reasons, or determined that the requestor abandoned the benefit request, the existence of a declined or returned payment does not affect that decision. USCIS pursues collection of all payment deficiencies, regardless of the outcome of adjudication.
C. Date of Receipt
USCIS considers a benefit request “received” on the date it is physically or electronically received. This date is also known as the submission or filing date,[29] and is listed on the receipt notice, or the date stamp (where applicable), issued by USCIS. Requestors may only obtain a date of receipt or filing date if their submission is accepted at the proper location, as designated on the USCIS