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  • Policy Manual
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    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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Updates(228)
POLICY ALERT - Selecting Gender on USCIS Forms

March 31, 2023

U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to clarify that benefit requestors may select their gender on USCIS forms (or change a prior gender selection) without the need to provide supporting documentation. Documents issued by USCIS as a result of the benefit adjudication will reflect the gender selected by the benefit requestor.

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Affected Sections

1 USCIS-PM E.5 - Chapter 5 - Verification of Identifying Information

11 USCIS-PM A.2 - Chapter 2 - USCIS-Issued Secure Identity Documents

12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship

12 USCIS-PM K.3 - Chapter 3 - Certificate of Naturalization

12 USCIS-PM K.4 - Chapter 4 - Replacement of Certificate of Citizenship or Naturalization

POLICY ALERT - Removal of “60-Day Rule” for Report of Immigration Medical Examination and Vaccination Record (Form I-693)

March 31, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to remove the requirement that the civil surgeon’s signature on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit.

Read More
Affected Sections

8 USCIS-PM B.4 - Chapter 4 - Review of Medical Examination Documentation

POLICY ALERT - Filing Periods and Response Timeframes Ending on Saturdays, Sundays, or Federal Holidays

March 29, 2023

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual to address instances where the last day of filing a benefit request or response to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate, falls on a Saturday, Sunday, or federal holiday.

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Affected Sections

1 USCIS-PM B.6 - Chapter 6 - Submitting Requests

1 USCIS-PM E.6 - Chapter 6 - Evidence

1 USCIS-PM E.10 - Chapter 10 - Post-Decision Actions

5 USCIS-PM B.2 - Chapter 2 - Eligibility, Documentation, and Evidence (Orphan Process)

6 USCIS-PM B.3 - Chapter 3 - Filing

6 USCIS-PM E.6 - Chapter 6 - Permanent Labor Certification

POLICY ALERT - Revision of Request for Certification of Military or Naval Service (Form N-426)

March 22, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that only applicants for naturalization under Section 328 or Section 329 of the Immigration and Nationality Act (INA) who are currently serving in the U.S. armed forces are required to file a Request for Certification of Military or Naval Service (Form N-426) along with their Application for Naturalization (Form N-400).

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Affected Sections

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

POLICY ALERT - Certain Petitioning Employers’ Ability to Pay the Proffered Wage to Prospective Employee Beneficiaries

March 15, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.

Read More
Affected Sections

6 USCIS-PM E.4 - Chapter 4 - Ability to Pay

6 USCIS-PM E.5 - Chapter 5 - Reserved

POLICY ALERT - International Entrepreneur Parole

March 10, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address international entrepreneur parole.

Read More
Affected Sections

3 USCIS-PM G - Part G - International Entrepreneur Parole

POLICY ALERT - Domestic Mobile Biometrics Collection and Remote Domestic Applicant Biometrics Collection

March 07, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address mobile biometrics collection and the biometrics collection of benefit requestors in remote locations.

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Affected Sections

1 USCIS-PM C.2 - Chapter 2 - Biometrics Collection

POLICY ALERT - Evaluating Eligibility for O-1B Visa Classification

March 03, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for the O-1B visa classification for nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television (MPTV) industry.

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Affected Sections

2 USCIS-PM M.4 - Chapter 4 - O-1 Beneficiaries

POLICY ALERT - On-Site Inspections for Religious Worker Petitions

March 02, 2023

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding on-site inspections for special immigrant and nonimmigrant religious worker petitions.

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Affected Sections

2 USCIS-PM O.1 - Chapter 1 - Purpose and Background

2 USCIS-PM O.3 - Chapter 3 - Petitioner Requirements

6 USCIS-PM H.2 - Chapter 2 - Religious Workers

POLICY ALERT - Special Student Relief for F-1 Nonimmigrant Students

February 22, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).

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Affected Sections

2 USCIS-PM F.6 - Chapter 6 - Employment

10 USCIS-PM A.4 - Chapter 4 - Adjudication

POLICY ALERT - Age Calculation under Child Status Protection Act

February 14, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age in certain situations.

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Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Asylee and Refugee Adjustment 1-Year Physical Presence Requirement

February 02, 2023

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the applicability of the 1-year physical presence requirement for refugees and asylees applying for adjustment of status.

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Affected Sections

7 USCIS-PM L.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM L.3 - Chapter 3 - Admissibility and Waiver Requirements

7 USCIS-PM L.4 - Chapter 4 - Documentation and Evidence

7 USCIS-PM L.5 - Chapter 5 - Adjudication Procedures

7 USCIS-PM M.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM M.3 - Chapter 3 - Admissibility and Waiver Requirements

7 USCIS-PM M.4 - Chapter 4 - Documentation and Evidence

7 USCIS-PM M.5 - Chapter 5 - Adjudication Procedures

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

Technical Update - Public Charge Ground of Inadmissibility Final Rule

January 25, 2023

This technical update incorporates into Volume 8 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced December 19, 2022, addressing the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022).

This guidance became effective December 23, 2022, and applies to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Permanent Resident Card Replacement

January 25, 2023

This technical update to Volume 11 eliminates reference to the extension sticker for expired permanent resident cards (PRCs), which is no longer in use, and clarifies how lawful permanent residents (LPRs) can request documentation of their LPR status when their PRC is expired. This update also clarifies when a conditional permanent resident may file Application to Replace Permanent Resident Card (Form I-90).

Affected Sections

11 USCIS-PM B.2 - Chapter 2 - Replacement of Permanent Resident Card

POLICY ALERT - Public Charge Ground of Inadmissibility Final Rule

December 19, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022).

The new final rule and policy guidance become effective December 23, 2022, and apply to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.

Read More
Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

POLICY ALERT - Extension of Permanent Resident Card for Naturalization Applicants

December 09, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that USCIS may automatically extend the validity of a Permanent Resident Card (PRC) (Form I-551) through an Application for Naturalization (Form N-400) receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card (Form I-90). This guidance becomes effective December 12, 2022.

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Affected Sections

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

POLICY ALERT - Revision of Medical Certification for Disability Exceptions (Form N-648)

October 19, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how medical professionals can properly complete the new version of the Medical Certification for Disability Exceptions (Form N-648) and request oath waivers based on a physical or developmental disability or mental impairment.

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Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Disability Exception (Form N-648)

12 USCIS-PM J.2 - Chapter 2 - The Oath of Allegiance

12 USCIS-PM J.3 - Chapter 3 - Oath of Allegiance Modifications and Waivers

POLICY ALERT - Calixto Settlement Agreement and Military Accessions Vital to National Interest Naturalization Applicants

October 07, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update guidance regarding certain Military Accessions Vital to National Interest (MAVNI) naturalization applicants based on a settlement agreement in Calixto, et al., v. U.S. Dep’t of the Army, et al. (Calixto Agreement).

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Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

POLICY ALERT - EB-5 Reform and Integrity Act of 2022

October 06, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022.

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Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM B.8 - Chapter 8 - Inapplicability of Bars to Adjustment

POLICY ALERT - Extension of Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693)

September 29, 2022

U.S. Citizenship and Immigration Services (USCIS) is extending the temporary waiver of the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit.

Read More
Affected Sections

8 USCIS-PM B.4 - Chapter 4 - Review of Medical Examination Documentation

Technical Update - Public Charge Final Rule

September 08, 2022

This technical update to Volume 8 alerts readers to the September 9, 2022 publication of the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF), and clarifies that USCIS will continue to apply the 1999 Interim Field Guidance until the final rule goes into effect on December 23, 2022. For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Disability Accommodation Requests

August 31, 2022

This technical update to Volume 1, General Policies and Procedures provides that anyone, including asylum and NACARA 203 applicants, may submit a disability accommodation request online.

Affected Sections

1 USCIS-PM A.6 - Chapter 6 - Disability Accommodation Requests

Technical Update - Refugee Adjudications: Policies and Procedures

August 31, 2022

In accordance with Section 4(m) of Executive Order 14013 of February 4, 2021, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, 86 FR 8839 (Feb. 9, 2021), and considering necessary safeguards for program integrity, USCIS published several current policies and procedures related to the U.S. Refugee Admissions Program on the Refugee Adjudications: Policy and Procedures webpage. This technical update adds an alert box with a link to this webpage in the Policy Manual.

Affected Sections

4 USCIS-PM - Volume 4 - Refugees and Asylees

POLICY ALERT - Guidance for Special Immigrant and Nonimmigrant Religious Workers

August 30, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reorganize and expand on existing guidance related to special immigrant religious workers.

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Affected Sections

2 USCIS-PM O.3 - Chapter 3 - Petitioner Requirements

6 USCIS-PM H.2 - Chapter 2 - Religious Workers

POLICY ALERT - L-1 Intracompany Transferees

August 16, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines eligibility for L-1 nonimmigrants seeking classification as managers or executives or specialized knowledge workers. Note: This update consolidates and updates guidance that was previously contained in the Adjudicator’s Field Manual (AFM) Chapter 32, as well as related AFM appendices and policy memoranda. This update is not intended to change existing policy or create new policy.

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Affected Sections

2 USCIS-PM L - Part L - Intracompany Transferees (L)

POLICY ALERT - Uncharacterized Military Discharges Eligible for Naturalization

August 02, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address eligibility of military service members with uncharacterized military discharges for purposes of naturalization under section 328 or section 329 of the Immigration and Nationality Act (INA).

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Affected Sections

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

POLICY ALERT - O-1 Nonimmigrant Status for Persons of Extraordinary Ability

July 22, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to further clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields.

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Affected Sections

2 USCIS-PM M.4 - Chapter 4 - O-1 Beneficiaries

POLICY ALERT - Legislative Changes and Transition Affecting Afghan and Iraqi Special Immigrant Visas

July 20, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan special immigrant visa (SIV) petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations Act of 2021.

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Affected Sections

6 USCIS-PM H.1 - Chapter 1 - Purpose and Background

6 USCIS-PM H.8 - Chapter 8 - Certain Iraqi Nationals

6 USCIS-PM H.9 - Chapter 9 - Certain Afghan Nationals

6 USCIS-PM H.10 - Chapter 10 - Certain Iraqi and Afghan Translators and Interpreters

7 USCIS-PM F.10 - Chapter 10 - Certain Afghan and Iraqi Nationals

Technical Update - Clarifications Addressing Passage of EB-5 Reform and Integrity Act of 2022

July 18, 2022

This technical update to Volume 6 clarifies the Policy Manual alert boxes published on April 27, 2022 relating to the recent EB-5 Reform and Integrity Act of 2022, which authorizes an EB-5 Immigrant Investor Regional Center Program and includes various implementation effective dates for the program. On June 24, 2022, the U.S. District Court for the Northern District of California in Behring Regional Center LLC v. Mayorkas, et al, 3:22-cv-02487, issued a preliminary injunction enjoining USCIS “from treating as deauthorized the previously designated regional centers.” The April 27, 2022 alert remains posted for historical purposes.

Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

6 USCIS-PM G.4 - Chapter 4 - Immigrant Petition by Alien Investor (Form I-526)

6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions

POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

July 01, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to address the proper mechanism for authorizing travel by temporary protected status (TPS) beneficiaries, and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).

Read More
Affected Sections

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

POLICY ALERT - INA 212(a)(9)(B) Policy Manual Guidance

June 24, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), specifically, the effect of returning to the United States during the statutory 3-year or 10-year period after departure or removal (if applicable). Under this policy guidance, a noncitizen who again seeks admission more than 3 or 10 years after the relevant departure or removal, is not inadmissible under INA 212(a)(9)(B) even if the noncitizen returned to the United States, with or without authorization, during the statutory 3-year or 10-year period.

Read More
Affected Sections

8 USCIS-PM O.6 - Chapter 6 - Effect of Seeking Admission Following Accrual of Unlawful Presence

POLICY ALERT - Special Immigrant Juvenile Classification and Adjustment of Status

June 10, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to incorporate changes from the Special Immigrant Juvenile Petitions Final Rule (SIJ Final Rule), including updated citations, new definitions, and clarifications.

Read More
Affected Sections

6 USCIS-PM J.1 - Chapter 1 - Purpose and Background

6 USCIS-PM J.2 - Chapter 2 - Eligibility Requirements

6 USCIS-PM J.3 - Chapter 3 - Documentation and Evidence

6 USCIS-PM J.4 - Chapter 4 - Adjudication

7 USCIS-PM F.7 - Chapter 7 - Special Immigrant Juveniles

Technical Update - Health-Related Grounds of Inadmissibility

May 25, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating existing guidance based on revised Centers for Disease Control and Prevention Technical Instructions regarding gonorrhea and syphilis.

Affected Sections

8 USCIS-PM B.6 - Chapter 6 - Communicable Diseases of Public Health Significance

Technical Update - Documentary Requirements for National Interest Waiver Petition

May 25, 2022

This technical update to Volume 6, Part F aligns language related to documentation required for submission with a national interest waiver petition with the Form I-140 instructions. Specifically, consistent with those instructions, this update removes reference in the Policy Manual to the requirement that a petitioner submit two copies of the employee-specific portions of a permanent labor certification (without DOL approval).

Affected Sections

6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability

Technical Update - Implementation of Special Immigrant Juvenile Classification and Deferred Action

May 06, 2022

This technical update incorporates the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced March 7, 2022, to consider deferred action (and related employment authorization) for noncitizens classified as Special Immigrant Juveniles (SIJs) who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability. This guidance became effective May 6, 2022.

Affected Sections

6 USCIS-PM J.4 - Chapter 4 - Adjudication

Technical Update - Passage of EB-5 Reform and Integrity Act of 2022

April 27, 2022

This technical update to Volume 6 alerts readers to the passage of the EB-5 Reform and Integrity Act of 2022, which authorizes an EB-5 Immigrant Investor Regional Center Program and includes various implementation effective dates for the program. The alert boxes refer readers to uscis.gov for the latest information on the implementation of that law. In addition, this update reserves and moves all of the content in Chapter 3 (Regional Center Designation, Reporting, Amendments, and Termination) to an appendix (Regional Center Program Prior to March 15, 2022) as Congress repealed that program.

Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

6 USCIS-PM G.3 - Chapter 3 - Regional Center Designation, Reporting, Amendments, and Termination [Reserved]

6 USCIS-PM G.4 - Chapter 4 - Immigrant Petition by Alien Investor (Form I-526)

6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions

POLICY ALERT - Interview Waiver Criteria for Family-Based Conditional Permanent Residents

April 07, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on interview waiver criteria for family-based conditional permanent residents (CPRs) filing petitions to remove the conditions on permanent residence.

Read More
Affected Sections

6 USCIS-PM I.3 - Chapter 3 - Petition to Remove Conditions on Residence

POLICY ALERT - Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications

March 23, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to align existing guidance on certain first preference immigrants with a recent Policy Manual update relating to nonimmigrants of extraordinary ability.

Read More
Affected Sections

6 USCIS-PM F.2 - Chapter 2 - Extraordinary Ability

6 USCIS-PM F.3 - Chapter 3 - Outstanding Professor or Researcher

POLICY ALERT - Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses

March 18, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address the documentation that certain E and L spouses may use as evidence of employment authorization incident to their status.

Read More
Affected Sections

10 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

10 USCIS-PM B.2 - Chapter 2 - Employment-Based Nonimmigrants

POLICY ALERT - Special Immigrant Juvenile Classification and Deferred Action

March 07, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens classified as Special Immigrant Juveniles (SIJs) who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability. This guidance becomes effective May 6, 2022.

Read More
Affected Sections

6 USCIS-PM J.4 - Chapter 4 - Adjudication

Technical Update - Request to Transfer Underlying Basis

February 23, 2022

This technical update to Volume 7 removes specific information about where to submit requests to transfer the underlying basis of a pending adjustment application and instead points readers to the instructions for requesting a transfer of basis on the USCIS website.

Affected Sections

7 USCIS-PM A.8 - Chapter 8 - Transfer of Underlying Basis

Technical Update - Updating USCIS Mission Statement

February 23, 2022

This technical update to Volume 1, Part A, incorporates the new USCIS mission statement: USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.

Affected Sections

1 USCIS-PM A.1 - Chapter 1 - Purpose and Background

Technical Update - Critical and Emerging Technologies in National Interest Waiver Context

February 23, 2022

This technical update to Volume 6 provides information in a footnote on the latest resources available to determine critical and emerging technologies.

Affected Sections

6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability

Technical Update - Providing Link to Public Charge Resources Webpage

February 17, 2022

USCIS is administering the public charge inadmissibility statute (section 212(a)(4) of the Immigration and Nationality Act) consistent with the 1999 Interim Field Guidance to determine whether a noncitizen is inadmissible as likely at any time to become a public charge. The 1999 Interim Field Guidance is the policy that was in place before the 2019 Public Charge Final Rule was implemented. The 2019 Public Charge Final Rule is no longer in effect. For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

POLICY ALERT - Violence Against Women Act Self-Petitions

February 10, 2022

U.S. Citizenship and Immigration Services (USCIS) is publishing policy guidance in the USCIS Policy Manual addressing Violence Against Women Act Self-Petitions.

Read More
Affected Sections

3 USCIS-PM D - Part D - Violence Against Women Act

POLICY ALERT - Clarifying the Temporary Need Exemption for Certain H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands

February 08, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how a petitioner may demonstrate that it qualifies for an exemption from the temporary need requirement for a nonimmigrant visa petition for a temporary nonagricultural H-2B worker on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) that falls under the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA).

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Affected Sections

2 USCIS-PM I.11 - Chapter 11 - Temporary Nonagricultural Worker (H-2B) Petitions Requiring Special Handling

POLICY ALERT - Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories

February 07, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating guidelines in the USCIS Policy Manual regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, parolees, and Violence Against Women Act (VAWA) self-petitioners.

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Affected Sections

10 USCIS-PM A.4 - Chapter 4 - Adjudication

POLICY ALERT - Use of Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome

February 01, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to allow certain Afghan nationals applying for adjustment of status after evacuation under Operation Allies Welcome (OAW) to use the report of an immigration medical examination completed abroad by a panel physician to satisfy the requirement normally demonstrated on a Report of Medical Examination and Vaccination Record (Form I-693) completed by a USCIS-designated civil surgeon, as long as certain conditions are met.

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Affected Sections

8 USCIS-PM B.3 - Chapter 3 - Applicability of Medical Examination and Vaccination Requirement

POLICY ALERT - Photographs and Signatures for Applications for Certificates of Citizenship

January 26, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that persons submitting an Application for Certificate of Citizenship (Form N-600) will generally now have their photographs taken at a biometrics appointment instead of submitting paper photographs and handwritten signatures, as applicable.

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Affected Sections

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

Technical Update - Extension of Conditional Permanent Residence While Form I-829 is Pending

January 26, 2022

This technical update to Volume 6 removes references to the period of time for which the Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829) receipt notice shows proof of conditional permanent resident status.

Affected Sections

6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions

POLICY ALERT - USCIS Expedite Criteria and Circumstances

January 25, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding criteria used to determine whether a case warrants expedited treatment.

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Affected Sections

1 USCIS-PM A.5 - Chapter 5 - Requests to Expedite Applications or Petitions

POLICY ALERT - National Interest Waivers for Advanced Degree Professionals or Persons of Exceptional Ability

January 21, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address requests for national interest waivers for advanced degree professionals or persons of exceptional ability.

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Affected Sections

6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability

POLICY ALERT - O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement

January 21, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within the beneficiary’s area of extraordinary ability or achievement.

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Affected Sections

2 USCIS-PM M.4 - Chapter 4 - O-1 Beneficiaries

POLICY ALERT - Determining the Appropriate O-1B Classification for Persons of Extraordinary Ability in the Arts or Extraordinary Achievement in the Motion Picture or Television Industry

January 13, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines whether an O-1B beneficiary is evaluated as a person of extraordinary ability in the arts (O-1B Arts) or as a person of extraordinary achievement in the motion picture or television industry (O-1B MPTV).

Read More
Affected Sections

2 USCIS-PM M.4 - Chapter 4 - O-1 Beneficiaries

POLICY ALERT - Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693)

December 09, 2021

U.S. Citizenship and Immigration Services (USCIS) is temporarily waiving the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit.

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Affected Sections

8 USCIS-PM B.4 - Chapter 4 - Review of Medical Examination Documentation

POLICY ALERT - General Adjudications

November 23, 2021

U.S. Citizenship and Immigration Services (USCIS) is incorporating and superseding existing guidance into the USCIS Policy Manual addressing topics in the context of general adjudications, including evidence, sworn statements, and adjudicative decisions.

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Affected Sections

1 USCIS-PM E.1 - Chapter 1 - Purpose and Background

1 USCIS-PM E.6 - Chapter 6 - Evidence

1 USCIS-PM E.9 - Chapter 9 - Rendering a Decision

1 USCIS-PM E.10 - Chapter 10 - Post-Decision Actions

POLICY ALERT - Adoptions

November 19, 2021

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

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Affected Sections

5 USCIS-PM - Volume 5 - Adoptions

POLICY ALERT - Demonstrating Eligibility for Modification under Section 337 of the Immigration and Nationality Act

November 19, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify guidance related to requests for modifications to the Oath of Allegiance.

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Affected Sections

12 USCIS-PM J.3 - Chapter 3 - Oath of Allegiance Modifications and Waivers

POLICY ALERT - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

November 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum).

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Affected Sections

10 USCIS-PM B.1 - Chapter 1 - Purpose and Background

10 USCIS-PM B.2 - Chapter 2 - Employment-Based Nonimmigrants

POLICY ALERT - Clarifying Guidance on Military Service Members and Naturalization

November 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by current or former members of the U.S. armed forces under sections 328 and 329 of the Immigration and Nationality Act (INA).

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Affected Sections

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

12 USCIS-PM I.9 - Chapter 9 - Spouses, Children, and Surviving Family Benefits

POLICY ALERT - Evidence Supporting Liberian Refugee Immigration Fairness-Based Adjustment of Status Applications

October 29, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify what steps applicants must take if they are not able to submit primary evidence of Liberian nationality to support an application for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law.

Read More
Affected Sections

7 USCIS-PM P.5 - Chapter 5 - Liberian Refugee Immigration Fairness

POLICY ALERT - T Nonimmigrant Status for Victims of Severe Forms of Trafficking in Persons

October 20, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the adjudication of applications for T nonimmigrant status for victims of severe forms of trafficking in persons.

Read More
Affected Sections

3 USCIS-PM B - Part B - Victims of Trafficking

9 USCIS-PM O - Part O - Victims of Trafficking

Technical Update - Implementation of COVID-19 Vaccination Requirement for Immigration Medical Examination

October 01, 2021

This technical update incorporates the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced September 14, 2021, regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas. This guidance became effective October 1, 2021.

Affected Sections

8 USCIS-PM B.9 - Chapter 9 - Vaccination Requirement

9 USCIS-PM D.3 - Chapter 3 - Waiver of Immigrant Vaccination Requirement

Technical Update - Incorporating Eleventh Circuit Case Law

October 01, 2021

This technical update to Volume 8 modifies several footnotes to note the divergence from the Board of Immigration Appeals (BIA)’s decision in Matter of Richmond, 26 I&N Dec. 779, 787 (BIA 2016) in the Eleventh Circuit. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. 2020) (en banc), the Eleventh Circuit held that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility. This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. This update also removes redundant footnotes.

Affected Sections

8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. Citizenship

Technical Update - End of Temporary Extension of Validity Period of Report of Medical Examination and Vaccination Record (Form I-693)

October 01, 2021

This technical update to Volume 8 removes the temporary extension of the validity period of the Report of Medical Examination and Vaccination Record (Form I-693) announced August 12, 2021. This temporary extension expires October 1, 2021.

Affected Sections

8 USCIS-PM B.4 - Chapter 4 - Review of Medical Examination Documentation

POLICY ALERT - Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines

September 16, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding interview criteria for asylee and refugee adjustment of status applicants.

Read More
Affected Sections

7 USCIS-PM L.5 - Chapter 5 - Adjudication Procedures

7 USCIS-PM M.5 - Chapter 5 - Adjudication Procedures

POLICY ALERT - COVID-19 Vaccination Requirement for Immigration Medical Examination

September 14, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas. This guidance becomes effective October 1, 2021.

Read More
Affected Sections

8 USCIS-PM B.9 - Chapter 9 - Vaccination Requirement

9 USCIS-PM D.3 - Chapter 3 - Waiver of Immigrant Vaccination Requirement

POLICY ALERT - Temporary Extension of Validity Period of Report of Medical Examination and Vaccination Record (Form I-693)

August 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is temporarily extending the validity period of the Report of Medical Examination and Vaccination Record (Form I-693). This temporary extension is effective through September 30, 2021.

Read More
Affected Sections

8 USCIS-PM B.4 - Chapter 4 - Review of Medical Examination Documentation

POLICY ALERT - Rescinding Guidance on Discretionary Employment Authorization for Parolees

August 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is rescinding policy guidance in the USCIS Policy Manual on discretionary employment authorization for parolees.

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Affected Sections

1 USCIS-PM C.1 - Chapter 1 - Purpose and Background

3 USCIS-PM F.1 - Chapter 1 - Purpose and Background

10 USCIS-PM B.2 - Chapter 2 - Employment-Based Nonimmigrants

POLICY ALERT - Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes

August 05, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock.”

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Affected Sections

6 USCIS-PM B.8 - Chapter 8 - Children, Sons, and Daughters

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

12 USCIS-PM H.5 - Chapter 5 - Child Residing Outside of the United States (INA 322)

POLICY ALERT - Extension of Blanket Civil Surgeon Designation for Certain Afghan Special Immigrant Visa Applicants

July 30, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the urgent need for additional civil surgeons to conduct immigration medical examinations in support of Operation Allies Refuge. This guidance became effective July 26, 2021.

Read More
Affected Sections

8 USCIS-PM C.3 - Chapter 3 - Blanket Civil Surgeon Designation

Technical Update - Adding References to the EB-5 Visa Program in Child Status Protection Act Guidance

July 26, 2021

This technical update to Volume 7 includes references to the EB-5 visa program and Form I-526, Immigrant Petition by Alien Investor, and clarifications regarding the Child Status Protection Act eligibility of derivative applicants of the VAWA-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Immigrant Investors and Investment of Loan Proceeds

July 22, 2021

U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to comply with a recent court order.

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Affected Sections

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

POLICY ALERT - Change of Status to Nonimmigrant Student (F-1) Visa Classification

July 20, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding applications for change of status (COS) to F-1 classification.

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Affected Sections

2 USCIS-PM F.8 - Chapter 8 - Change of Status

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

Affected Sections

8 USCIS-PM J.3 - Chapter 3 - Adjudicating Inadmissibility

Technical Update - EB-5 Modernization Rule Vacatur

July 15, 2021

This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.

Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

6 USCIS-PM G.3 - Chapter 3 - Regional Center Designation, Reporting, Amendments, and Termination [Reserved]

6 USCIS-PM G.4 - Chapter 4 - Immigrant Petition by Alien Investor (Form I-526)

6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Liberian Refugee Immigration Fairness

June 17, 2021

This technical update to Volume 7 clarifies what evidence an applicant may submit to establish Liberian nationality when applying for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law. It includes examples of secondary evidence that could support an applicant’s claim of Liberian nationality, as part of the totality of the evidence.

Affected Sections

7 USCIS-PM P.5 - Chapter 5 - Liberian Refugee Immigration Fairness

POLICY ALERT - Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners

June 14, 2021

U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitions.

Read More
Affected Sections

3 USCIS-PM C - Part C - Victims of Crimes

POLICY ALERT - Requests for Evidence and Notices of Intent to Deny

June 09, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).

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Affected Sections

1 USCIS-PM E.6 - Chapter 6 - Evidence

1 USCIS-PM E.9 - Chapter 9 - Rendering a Decision

POLICY ALERT - USCIS Expedite Criteria and Circumstances

June 09, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding criteria used to determine whether a case warrants expedited treatment.

Read More
Affected Sections

1 USCIS-PM A.5 - Chapter 5 - Requests to Expedite Applications or Petitions

POLICY ALERT - Employment Authorization for Certain Adjustment Applicants

June 09, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to increase the amount of time a grant of employment authorization is valid for applicants seeking adjustment of status under Section 245 of the Immigration and Nationality Act (INA).

Read More
Affected Sections

10 USCIS-PM B.4 - Chapter 4 - Reserved

POLICY ALERT - Veterans Residing Outside the United States and Naturalization

May 28, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by veterans of the U.S. armed forces under section 329 of the Immigration and Nationality Act (INA). These clarifications ensure eligible military veterans who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization are able to naturalize and become U.S. citizens in accordance with U.S. immigration laws.

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Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

POLICY ALERT - Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process

May 27, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding applicants’ registration to vote through a state’s department of motor vehicles or other state benefit application process and the effects on an applicant’s good moral character (GMC).

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Affected Sections

12 USCIS-PM F.5 - Chapter 5 - Conditional Bars for Acts in Statutory Period

POLICY ALERT - Preserving Continuous Residence and Physical Presence for Purposes of Naturalization while Engaged in Religious Duties Outside the United States

May 25, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding preservation of continuous residence and physical presence for naturalization purposes for applicants engaged outside the United States in a qualifying religious vocation under section 317 of the Immigration and Nationality Act (INA).

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Affected Sections

12 USCIS-PM D - Part D - General Naturalization Requirements

Technical Update - Incorporating New INA 320(c) Provision into Nationality Chart 3 - Derivative Citizenship of Children

May 24, 2021

This technical update to Volume 12 incorporates into Nationality Chart 3 the new INA 320(c) provision, as amended by Section 2 of the Citizenship for Children of Military Members and Civil Servants Act, regarding the automatic citizenship of a foreign-born child of a U.S. citizen employee of the U.S. government  or member of the U.S. armed forces.

Affected Sections

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

Technical Update - Incorporating Existing Guidance into the Policy Manual

May 20, 2021

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 30.4 of the AFM, related appendices, and policy memoranda.

Affected Sections

11 USCIS-PM F - Part F - Arrival-Departure Records

Technical Update - Incorporating Existing Guidance into the Policy Manual

May 19, 2021

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 21.7 of the AFM, related appendices, and policy memoranda.

Affected Sections

7 USCIS-PM P.9 - Chapter 9 - Amerasian Immigrants

Technical Update - Incorporating Existing Guidance into the Policy Manual

May 18, 2021

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 22.1 and 22.2 of the AFM, related appendices, and policy memoranda.

Affected Sections

6 USCIS-PM E - Part E - Employment-Based Immigration

6 USCIS-PM F - Part F - Employment-Based Classifications

Technical Update - Program Extension and Visa Numbers for Special Immigrant Visas for Afghans Who Were Employed by or on Behalf of the U.S. Government

May 14, 2021

This technical update directs readers to visit the USCIS webpage for the latest information on Special Immigrant Visa (SIV) program extensions and visa numbers for Afghans who were employed by or on behalf of the U.S. Government.

Affected Sections

6 USCIS-PM H.1 - Chapter 1 - Purpose and Background

6 USCIS-PM H.9 - Chapter 9 - Certain Afghan Nationals

7 USCIS-PM F.10 - Chapter 10 - Certain Afghan and Iraqi Nationals

POLICY ALERT - Exemption to the Temporary Need Requirement for Certain H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands under the National Defense Authorization Act for Fiscal Year 2021

May 13, 2021

U.S. Citizenship and Immigration Services (USCIS) is providing guidance in the USCIS Policy Manual regarding the filing and adjudication of temporary nonagricultural worker (H-2B) nonimmigrant visa petitions that fall under Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA).

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Affected Sections

2 USCIS-PM I - Part I - Temporary Agricultural and Nonagricultural Workers (H-2)

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity

April 27, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating a request for an extension of petition validity.

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Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

Technical Update - Temporary Proof of Lawful Permanent Resident Status

March 30, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the temporary proof of status USCIS provides to lawful permanent residents (LPRs) applying to replace an expiring Permanent Resident Card (PRC).

Affected Sections

11 USCIS-PM B.2 - Chapter 2 - Replacement of Permanent Resident Card

11 USCIS-PM B.3 - Chapter 3 - Expired Permanent Resident Cards

POLICY ALERT - Additional Guidance Relating to P-1A Internationally Recognized Athletes

March 26, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify guidance for internationally recognized athletes (P-1A nonimmigrants).

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Affected Sections

2 USCIS-PM N.2 - Chapter 2 - Eligibility Requirements

2 USCIS-PM N.4 - Chapter 4 - Documentation and Evidence

POLICY ALERT - Special Immigrant Juvenile Classification and Saravia v. Barr Settlement

March 18, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual regarding the special immigrant juvenile (SIJ) classification to incorporate changes agreed to in the settlement agreement resulting from the Saravia v. Barr class action lawsuit.

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Affected Sections

6 USCIS-PM J - Part J - Special Immigrant Juveniles

Technical Update - Removing Guidance on Inadmissibility on Public Charge Grounds

March 10, 2021

This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug. 14, 2019); as amended by Inadmissibility on Public Charge Grounds; Correction, 84 FR 52357 (Oct. 2, 2019) ( “Public Charge Final Rule”), which was implemented on Feb. 24, 2020. On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay and, on Nov. 19, 2020, a stay pending appeal of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage.

Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

Technical Update - Implementation of Revised Guidance on Naturalization Civics Educational Requirement

March 01, 2021

This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 22, 2021, addressing educational requirements for naturalization to demonstrate a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics) under section 312 of the Immigration and Nationality Act (INA). Specifically, USCIS is reverting back to the 2008 version of the civics test, allowing a brief period during which USCIS may also offer the 2020 version of the test to applicants affected by the timing of this update. This guidance became effective March 1, 2021.

Affected Sections

12 USCIS-PM E.2 - Chapter 2 - English and Civics Testing

POLICY ALERT - Revising Guidance on Naturalization Civics Educational Requirement

February 22, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the educational requirements for naturalization to demonstrate a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics) under section 312 of the Immigration and Nationality Act (INA). Specifically, USCIS is reverting back to the 2008 version of the civics test, allowing a brief period during which USCIS may also offer the 2020 version of the test to applicants affected by the timing of this update. This guidance becomes effective March 1, 2021.

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Affected Sections

12 USCIS-PM E.2 - Chapter 2 - English and Civics Testing

Technical Update - Updating Filing Deadline for Liberian Refugee Immigration Fairness Adjustment of Status Applications

February 10, 2021

This technical update to Volume 7 adjusts the filing deadline for Liberian Refugee Immigration Fairness (LRIF) adjustment of status applications to December 20, 2021, to reflect an extension by Congress.

Affected Sections

7 USCIS-PM P.5 - Chapter 5 - Liberian Refugee Immigration Fairness

POLICY ALERT - Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred Action

January 14, 2021

U.S. Citizenship and Immigration Services (USCIS) is providing policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA 245) or 8 CFR 274a.12(c)(14) (grant of deferred action). USCIS is also providing guidance outlining the categories of aliens eligible for discretionary employment authorization.

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Affected Sections

10 USCIS-PM A - Part A - Employment Authorization Policies and Procedures

10 USCIS-PM B - Part B - Specific Categories

POLICY ALERT - Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines

December 15, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment of status applicants.

Read More
Affected Sections

7 USCIS-PM A.5 - Chapter 5 - Interview Guidelines

7 USCIS-PM L.5 - Chapter 5 - Adjudication Procedures

7 USCIS-PM M.5 - Chapter 5 - Adjudication Procedures

Technical Update - Incorporating Existing Guidance into the Policy Manual

December 08, 2020

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 23.5(c) of the AFM, related appendices, and policy memoranda.

Affected Sections

7 USCIS-PM C - Part C - 245(i) Adjustment

Technical Update - Clarifying Acquisition of Citizenship Requirement in Nationality Chart 2 for Children Born Out of Wedlock Before May 24, 1934

December 08, 2020

This technical update to Volume 12 incorporates a clarification to Nationality Chart 2 to align with the provisions of the Immigration and Nationality Technical Corrections Act of 1994 (INTCA), which affected acquisition of citizenship for children born before May 24, 1934. Specifically, this technical update clarifies that an alien child born out of wedlock before May 24, 1934 acquires citizenship retroactively to the time of birth in cases where the child’s mother resided in the United States at any time before the child’s birth, regardless of whether the child was legitimated by the alien father.

Affected Sections

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

POLICY ALERT - Properly Completed Medical Certification For Disability Exception (N-648)

December 04, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect changes made in the new version of the Medical Certification for Disability Exception (Form N-648).

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Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Disability Exception (Form N-648)

POLICY ALERT - Schedule A Designation

December 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address Schedule A designations.

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Affected Sections

6 USCIS-PM E.7 - Chapter 7 - Schedule A Designation Petitions

Technical Update - Implementation of Redesigned Civics Test for Educational Requirement for Naturalization

December 01, 2020

This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced November 13, 2020, addressing the educational requirements for naturalization on the knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics) under section 312 of the Immigration and Nationality Act. This guidance became effective December 1, 2020.

Affected Sections

12 USCIS-PM E.2 - Chapter 2 - English and Civics Testing

POLICY ALERT - Prerequisite of Lawful Admission for Permanent Residence under All Applicable Provisions for Purposes of Naturalization

November 18, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to ensure consistency in the naturalization decision-making process and to clarify circumstances under which an applicant may be found ineligible for naturalization if the applicant was not lawfully admitted to the United States for permanent residence in accordance with all applicable provisions under the Immigration and Nationality Act (INA).

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Affected Sections

12 USCIS-PM B.4 - Chapter 4 - Results of the Naturalization Examination

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

12 USCIS-PM F.2 - Chapter 2 - Adjudicative Factors

POLICY ALERT - Job Portability after Filing Application to Adjust Status

November 17, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain beneficiaries of employment-based immigrant petitions after they have applied to adjust status.

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Affected Sections

7 USCIS-PM E.5 - Chapter 5 - Job Portability after Adjustment Filing and Other AC21 Provisions

POLICY ALERT - Use of Discretion for Adjustment of Status

November 17, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications.

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Affected Sections

7 USCIS-PM A.1 - Chapter 1 - Purpose and Background

7 USCIS-PM A.10 - Chapter 10 - Legal Analysis and Use of Discretion

POLICY ALERT - Civics Educational Requirement for Purposes of Naturalization

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the educational requirements for naturalization on the knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics) under section 312 of the Immigration and Nationality Act. This guidance becomes effective December 1, 2020.

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Affected Sections

12 USCIS-PM E.2 - Chapter 2 - English and Civics Testing

POLICY ALERT - Age and “Sought to Acquire” Requirement under Child Status Protection Act

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA), to include how USCIS calculates age under certain contexts and what actions satisfy the “sought to acquire” requirement.

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Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Nonimmigrant Cultural Visitor (Q) Visa Classification

October 15, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the nonimmigrant cultural visitor visa classification, commonly known as the “Q” visa category.

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Affected Sections

2 USCIS-PM E - Part E - Cultural Visitors (Q)

POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

October 06, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).

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Affected Sections

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

POLICY ALERT - Inadmissibility Based on Membership in a Totalitarian Party

October 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist or any other totalitarian party.

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Affected Sections

8 USCIS-PM F.3 - Chapter 3 - Immigrant Membership in Totalitarian Party

Technical Update - Clarifying Requests for Relief Under INA 204(l)

September 22, 2020

This technical update clarifies how applicants and petitioners may request relief under INA 204(l).

Affected Sections

7 USCIS-PM A.9 - Chapter 9 - Death of Petitioner or Principal Beneficiary

POLICY ALERT - Residency Requirements for Children of Service Members and Government Employees Residing Outside of the United States for Purposes of Acquisition of Citizenship

September 18, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding residency requirements under Section 320 of the Immigration and Nationality Act (INA), as amended by the Citizenship for Children of Military Members and Civil Servants Act.

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Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

POLICY ALERT - O Nonimmigrant Visa Classification

September 17, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and consolidate guidance related to O nonimmigrant classifications.

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Affected Sections

2 USCIS-PM M - Part M - Nonimmigrants of Extraordinary Ability or Achievement (O)

Technical Update - Incorporating Existing Guidance into the Policy Manual

September 17, 2020

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 33 of the AFM, related appendices, and policy memoranda.

Affected Sections

2 USCIS-PM N - Part N - Athletes and Entertainers (P)

Technical Update - Clarifying Dates of Absence for Continuous Residence

September 15, 2020

This technical update clarifies the examples provided to illustrate the impact of absences from the United States for purposes of the continuous residence requirement for naturalization, including the hypothetical dates used in the examples.

Affected Sections

12 USCIS-PM D.3 - Chapter 3 - Continuous Residence

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

September 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

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Affected Sections

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

2 USCIS-PM - Volume 2 - Nonimmigrants

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

Technical Update - Braille-Related Accommodations for the Naturalization Test

August 27, 2020

This technical update incorporates references to Braille-related accommodations for the naturalization test.

Affected Sections

12 USCIS-PM C - Part C - Accommodations

Technical Update - Removing Exemption from Discretion for Asylum Applicants Seeking Employment Authorization under 8 CFR 274a.12(c)(8)

August 27, 2020

This technical update removes the exemption from discretion for asylum applicants seeking employment authorization under 8 CFR 274a.12(c)(8). The Asylum Application, Interview, and Employment Authorization for Applicants Final Rule (Final Rule) (effective August 25, 2020) amended 8 CFR 274a.13(a)(1) to eliminate the exemption. Accordingly, asylum applicants who file applications for employment authorization on or after August 25, 2020 are subject to discretion like other applicants seeking employment authorization under 8 CFR 274a.12(c). Note: On September 11, 2020, the U.S. District Court for the District of Maryland in Casa de Maryland et al v. Chad Wolf provided limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), in the application of the Final Rule to Form I-589s and Form I-765s filed by asylum applicants who are also members of CASA or ASAP. Therefore, while the rule is preliminarily enjoined, we will continue to apply the prior regulatory language and exempt from discretion CASA and ASAP members who file a Form I-765 based on an asylum application.

Affected Sections

10 USCIS-PM A.5 - Chapter 5 - Reserved

POLICY ALERT - Clarifying Procedures for Terminating Asylum Status in Relation to Consideration of an Application for Adjustment of Status

August 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify the procedures USCIS officers follow when termination of asylum status is considered in relation to adjudicating an asylum-based adjustment of status application.

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Affected Sections

7 USCIS-PM M.6 - Chapter 6 - Termination of Status and Notice to Appear Considerations

Technical Update - Foreign Residency Requirement

August 06, 2020

This technical update provides clarification on the 2-year foreign residence requirement for certain exchange visitors subject to INA 212(e).

Affected Sections

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

Technical Update - Incorporating Existing Guidance into the Policy Manual

July 30, 2020

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 22.3 and 26 of the AFM, related appendices, and policy memoranda.

Affected Sections

6 USCIS-PM H - Part H - Designated and Special Immigrants

7 USCIS-PM Q - Part Q - Rescission of Lawful Permanent Residence

POLICY ALERT - Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5) Category

July 24, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing clarifying policy guidance in the USCIS Policy Manual regarding deployment of investment capital, including further deployment after the job creation requirement is satisfied.

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Affected Sections

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

6 USCIS-PM G.4 - Chapter 4 - Immigrant Petition by Alien Investor (Form I-526)

POLICY ALERT - Applying Discretion in USCIS Adjudications

July 15, 2020

U.S. Citizenship and Immigration Services (USCIS) is consolidating existing policy guidance in the USCIS Policy Manual regarding the discretionary analysis required in the adjudication of certain benefit requests, including certain applications for employment authorization.

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Affected Sections

1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis

10 USCIS-PM A.5 - Chapter 5 - Reserved

Technical Update - Removing Obsolete Form I-508F

June 18, 2020

This technical update removes references to Form I-508F, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. French nationals are covered by a special convention between France and the United States. Previously, French nationals were required to submit both Form I-508 and Form I-508F to USCIS. The 11/08/19 form edition combines information from both forms. Therefore, French nationals are now only required to submit Form I-508.

Affected Sections

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM F.6 - Chapter 6 - Certain G-4 or NATO-6 Employees and their Family Members

7 USCIS-PM O.3 - Chapter 3 - Children Born in the United States to Accredited Diplomats

Technical Update - Removing WA Food Assistance Program from the List of Public Benefits Considered

June 16, 2020

This technical update removes the WA Food Assistance Program for Legal Immigrants from the list of examples of state, local, and tribal cash assistance programs that are considered income maintenance for purposes of the public charge inadmissibility determination.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - National Interest Waiver Portability Provisions

May 20, 2020

This technical update clarifies guidance within the USCIS Policy Manual on portability for physicians with an approved immigrant petition based on a national interest waiver (NIW) applying for adjustment of status, and the applicability of the 2-year foreign residence requirement of INA 212(e) to certain NIW physicians.

Affected Sections

7 USCIS-PM A.8 - Chapter 8 - Transfer of Underlying Basis

Technical Update - Incorporating Existing Guidance into the Policy Manual

May 15, 2020

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 1, 3.4, 10.2, 10.3(a), 10.3(c), 10.3(e), 10.3(i), 10.4, 10.22, 11.1(c), 13, 14, 17, 23.8, 31.7, 33.10, 34.5, 35, 41.6, 42, 44, 56.1, 56.3, 56.4, 62, 81, 82, 83.1, 83.2, and 83.3 of the AFM, related appendices, and policy memoranda.

Affected Sections

1 USCIS-PM E - Part E - Adjudications

2 USCIS-PM O - Part O - Religious Workers (R)

7 USCIS-PM O.5 - Chapter 5 - Other Special Laws

POLICY ALERT - False Claim to U.S. Citizenship Ground of Inadmissibility and Matter of Zhang

April 24, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the false claim to U.S. citizenship ground of inadmissibility.

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Affected Sections

8 USCIS-PM K - Part K - False Claim to U.S. Citizenship

Technical Update - Removing Obsolete Form I-864W

April 16, 2020

This technical update removes references to Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, which was discontinued by the Inadmissibility on Public Charge Grounds Rule and is no longer used by U.S. Citizenship and Immigration Services.

Affected Sections

7 USCIS-PM A.4 - Chapter 4 - Documentation

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

POLICY ALERT - Liberian Refugee Immigration Fairness

April 07, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of adjustment of status applications based on the Liberian Refugee Immigration Fairness law.

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Affected Sections

7 USCIS-PM P.5 - Chapter 5 - Liberian Refugee Immigration Fairness

Technical Update - Replacing the Term “Entrepreneur”

March 19, 2020

This technical update replaces instances of the term “entrepreneur” with “investor” throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule.

Affected Sections

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

12 USCIS-PM G.5 - Chapter 5 - Conditional Permanent Resident Spouses and Naturalization

Technical Update - Use of Photographs as Biometrics

March 11, 2020

U.S. Citizenship and Immigration Services (USCIS) is incorporating general information on USCIS’ use of photographs as biometrics.

Affected Sections

1 USCIS-PM C - Part C - Biometrics Collection and Security Checks

POLICY ALERT - Submission of Benefit Requests

March 05, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission of benefit requests to USCIS.

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Affected Sections

1 USCIS-PM B - Part B - Submission of Benefit Requests

POLICY ALERT - Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

February 26, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address naturalization applicants’ absences from the United States of more than 6 months but less than 1 year during the statutorily required continuous residence period.

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Affected Sections

12 USCIS-PM D.3 - Chapter 3 - Continuous Residence

POLICY ALERT - Implementation of Guidance on Inadmissibility on Public Charge Grounds

February 24, 2020

Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.

This update incorporates into Volumes 2, 8, and 12 policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 5, 2020, implementing the Inadmissibility of Public Charge Grounds Final Rule. This guidance is in effect as of February 24, 2020 and applies nationwide to all applications and petitions postmarked on or after that date. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule. For more information about the classes of [noncitizens] who are exempt from the Final Rule, see the appendices related to applicability. For information on related litigation affecting implementation, see the USCIS webpage on the injunction.

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Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

POLICY ALERT - Public Charge Ground of Inadmissibility

February 05, 2020

Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to address the final rule on the public charge ground of inadmissibility. This policy guidance is effective on February 24, 2020, and will apply to all applicants and petitioners filing applications and petitions for adjustment of status, extension of stay, and change of status, except for applicants and petitioners in the State of Illinois, whose cases will be adjudicated under prior policy, including the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1 (PDF). For additional information, see Public Charge Inadmissibility Determinations in Illinois. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of [noncitizens] who are exempt from the final rule, see the appendices related to applicability.

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Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

POLICY ALERT - Accepting Petition for Alien Relative (Form I-130) Abroad

January 31, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the limited circumstances in which USCIS has delegated authority to the U.S. Department of State to accept and adjudicate the Form I-130 filed abroad at U.S. embassies and consulates. This guidance becomes effective February 1, 2020.

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Affected Sections

6 USCIS-PM B.3 - Chapter 3 - Filing

POLICY ALERT - Biometrics Services Updates

January 30, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the availability of mobile biometrics services and clarify guidance on the validity period for fingerprint waivers.

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Affected Sections

1 USCIS-PM C.2 - Chapter 2 - Biometrics Collection

POLICY ALERT - Replacing Permanent Resident Card

January 16, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using the Application to Replace Permanent Resident Card (Form I-90).

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Affected Sections

11 USCIS-PM B - Part B - Permanent Resident Cards

Technical Update - Naturalization of Spouses Subjected to Battery or Extreme Cruelty by U.S. Citizen Spouse

January 09, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify that the spouse of a U.S. citizen who was subjected to battery or extreme cruelty by his or her U.S. citizen spouse does not need to establish that he or she is still married to the abusive spouse at the time he or she files the application for naturalization.

Affected Sections

12 USCIS-PM G.3 - Chapter 3 - Spouses of U.S. Citizens Residing in the United States

POLICY ALERT - Effect of Travel Abroad by Temporary Protected Status Beneficiaries with Final Orders of Removal

December 20, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by temporary protected status beneficiaries who have final removal orders.

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Affected Sections

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

Technical Update - Naturalization for Surviving Spouse, Child, or Parent of Service Member

December 18, 2019

U.S. Citizenship and Immigration Services (USCIS) is clarifying guidance in the USCIS Policy Manual to indicate that the spouse, child, or parent of a deceased U.S. citizen member of the U.S. armed forces who died “during a period of honorable service” (instead of as the result of honorable service) may be eligible for naturalization as the surviving relative of the service member, consistent with the statutory language in INA 319(d).

Affected Sections

12 USCIS-PM I.9 - Chapter 9 - Spouses, Children, and Surviving Family Benefits

POLICY ALERT - Conditional Bar to Good Moral Character for Unlawful Acts

December 13, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual on unlawful acts during the applicable statutory period that reflect adversely on moral character and may prevent an applicant from meeting the good moral character requirement for naturalization.

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Affected Sections

12 USCIS-PM F.5 - Chapter 5 - Conditional Bars for Acts in Statutory Period

POLICY ALERT - Implementing the Decisions on Driving Under the Influence Convictions on Good Moral Character Determinations and Post-Sentencing Changes

December 10, 2019

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding how post-sentencing changes to criminal sentences impact convictions for immigration purposes and how two or more driving under the influence convictions affects good moral character determinations. These updates incorporate two recent decisions issued by the Attorney General.

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Affected Sections

12 USCIS-PM F.2 - Chapter 2 - Adjudicative Factors

12 USCIS-PM F.5 - Chapter 5 - Conditional Bars for Acts in Statutory Period

Technical Update - Health-Related Grounds of Inadmissibility

December 10, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating existing guidance based on revised Centers for Disease Control and Prevention Technical Instructions regarding tuberculosis, gonorrhea, and syphilis and the change in nomenclature from leprosy to Hansen’s Disease. USCIS is also updating how USCIS submits a request to CDC for advisory opinion and removing the outdated vaccination chart.

Affected Sections

8 USCIS-PM B.1 - Chapter 1 - Purpose and Background

8 USCIS-PM B.6 - Chapter 6 - Communicable Diseases of Public Health Significance

8 USCIS-PM B.8 - Chapter 8 - Drug Abuse or Drug Addiction

8 USCIS-PM B.9 - Chapter 9 - Vaccination Requirement

Technical Update - Implementation of Fees for Submission of Benefit Requests

December 02, 2019

This technical update incorporates into Volume 1 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced October 25, 2019, regarding submission and acceptance of fees for immigration benefit requests. USCIS published this guidance with an effective date of December 2, 2019. Note: On December 11, 2019, the Federal District Court for the Northern District of California in Seattle v. DHS enjoined the Department of Homeland Security from requiring use of the new version of Form I-912, Request for Fee Waiver. USCIS has noted this in the corresponding Policy Manual guidance and reinstated the prior fee waiver policy guidance at AFM 10.9 (PDF, 2.55 MB) and 10.10 (PDF, 2.55 MB).

Affected Sections

1 USCIS-PM B.3 - Chapter 3 - Fees

1 USCIS-PM B.4 - Chapter 4 - Fee Waivers

POLICY ALERT - Adjustment on New Basis After Termination of Conditional Permanent Residence

November 21, 2019

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify when USCIS may adjust the status of an applicant whose conditional permanent resident (CPR) status was terminated.

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Affected Sections

7 USCIS-PM B.7 - Chapter 7 - Other Barred Adjustment Applicants

POLICY ALERT - USCIS Special Immigrant Juvenile Classification

November 19, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual regarding the special immigrant juvenile (SIJ) classification.

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Affected Sections

6 USCIS-PM J - Part J - Special Immigrant Juveniles

POLICY ALERT - EB-5 Immigrant Investor Program Modernization Final Rule

November 06, 2019

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective November 21, 2019. Note: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.

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Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

6 USCIS-PM G.4 - Chapter 4 - Immigrant Petition by Alien Investor (Form I-526)

6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Implementation of Policy Guidance on Defining “Residence” in Statutory Provisions Related to Citizenship

October 29, 2019

This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced August 28, 2019 addressing requirements for “residence” in statutory provisions related to citizenship. This guidance became effective October 29, 2019. 

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

POLICY ALERT - Fees for Submission of Benefit Requests

October 25, 2019

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission and acceptance of fees for immigration benefit requests, with an effective date of December 2, 2019. Note: On December 11, 2019, the Federal District Court for the Northern District of California in Seattle v. DHS enjoined the Department of Homeland Security from requiring use of the new version of Form I-912, Request for Fee Waiver. USCIS has noted this in the corresponding Policy Manual guidance and reinstated the prior fee waiver policy guidance at AFM 10.9 (PDF, 2.87 MB) (PDF, 2.55 MB) and 10.10 (PDF, 2.87 MB) (PDF, 2.55 MB).

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Affected Sections

1 USCIS-PM B.3 - Chapter 3 - Fees

1 USCIS-PM B.4 - Chapter 4 - Fee Waivers

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Clarifying Policies and Procedures for Replacing Permanent Resident Cards

September 27, 2019

This technical update clarifies that, in circumstances involving the replacement or reissuance of a Permanent Resident Card, an Application to Replace Permanent Resident Card (Form I-90) is always required as outlined in form instructions and regulations. This may differ from the general reissuance policy.

Affected Sections

11 USCIS-PM A.3 - Chapter 3 - Reissuance of Secure Identity Documents

POLICY ALERT - Defining “Residence” in Statutory Provisions Related to Citizenship

August 28, 2019

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of the U.S. armed forces employed or stationed outside the United States. This guidance becomes effective October 29, 2019.

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Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

POLICY ALERT - Employment Authorization for Parolees

August 19, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating its existing policies on the exercise of discretion to address the use of discretion when assessing if certain foreign nationals who are paroled into the United States should be employment authorized.

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Affected Sections

10 USCIS-PM B.2 - Chapter 2 - Employment-Based Nonimmigrants

Technical Update - Civil Surgeon Designation and Revocation

June 06, 2019

This technical update changes language to state that USCIS officers “may” refer proposed civil surgeon designation revocations to the USCIS Office of the Chief Counsel for review. Previously, the language specified that USCIS counsel “must” review any proposed civil surgeon designation revocation.

Affected Sections

8 USCIS-PM C.4 - Chapter 4 - Termination and Revocation

Technical Update - Fraud and Willful Misrepresentation and Department of State’s 90-Day Rule

June 05, 2019

This technical update incorporates clarifications regarding the Department of State (DOS)'s "90-day rule." While this "rule" does not apply to USCIS because it is DOS policy, USCIS is clarifying that it may also find that an applicant made a willful misrepresentation due to a status violation or conduct in the United States that is inconsistent with the applicant's prior representations, especially where the violation or conduct occurred shortly after the consular interview or admission to the United States.

Affected Sections

8 USCIS-PM J.3 - Chapter 3 - Adjudicating Inadmissibility

POLICY ALERT - USCIS Public Services

May 10, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information.

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Affected Sections

1 USCIS-PM A - Part A - Public Services

Technical Update - Medical Certification for Disability Exceptions

May 03, 2019

This technical update incorporates minor clarifying editorial changes to the policy guidance regarding the Medical Certification for Disability Exceptions (Form N-648).

Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Disability Exception (Form N-648)

Technical Update - Communicating with Centers for Disease Control and Prevention

May 03, 2019

This technical update removes references to sending documents to the Centers for Disease Control and Prevention (CDC) by mail or fax. CDC now prefers all requests for waiver consultations and any subsequent notifications from USCIS to be communicated by email.

Affected Sections

9 USCIS-PM D.2 - Chapter 2 - Waiver of Communicable Disease of Public Health Significance

9 USCIS-PM D.4 - Chapter 4 - Waiver of Physical or Mental Disorder Accompanied by Harmful Behavior

POLICY ALERT - Controlled Substance-Related Activity and Good Moral Character Determinations

April 19, 2019

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character (GMC) for naturalization even where that conduct would not be an offense under state law.

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Affected Sections

12 USCIS-PM F.5 - Chapter 5 - Conditional Bars for Acts in Statutory Period

Technical Update - Implementation of Policy Guidance on Medical Certification for Disability Exceptions (Form N-648)

February 12, 2019

​This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced December 12, 2018 regarding the Medical Certification for Disability Exceptions (Form N-648). This guidance became effective February 12, 2019.

Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Disability Exception (Form N-648)

Technical Update - Visa Retrogression

February 06, 2019

​This technical update removes language that restricted USCIS officers’ ability to request a visa number from the Department of State in cases involving visa retrogression. As with all INA 245(a) adjustment cases, a visa must be available at the time of final adjudication.

Affected Sections

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Child Status Protection Act

January 23, 2019

This technical update clarifies that certain child beneficiaries of family-sponsored immigrant visa petitions who are ineligible for the Child Status Protection Act may continue their adjustment of status application if the petition is automatically converted to an eligible category.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Policies and Procedures for Secure Identity Documents

January 16, 2019

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the general policies and procedures related to secure documents.

Read More
Affected Sections

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

POLICY ALERT - Sufficiency of Medical Certification for Disability Exceptions (Form N-648)

December 12, 2018

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on the Medical Certification for Disability Exceptions (Form N-648). This guidance becomes effective February 12, 2019.

Read More
Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Disability Exception (Form N-648)

POLICY ALERT - Immigrant Investors and Debt Arrangements

October 30, 2018

U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to clarify its policy on debt arrangements.

Read More
Affected Sections

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

POLICY ALERT - Use of Form G-325A

October 25, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).

Read More
Affected Sections

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM B - Part B - 245(a) Adjustment

7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment

7 USCIS-PM L - Part L - Refugee Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

7 USCIS-PM O - Part O - Registration

POLICY ALERT - Validity of Report of Medical Examination and Vaccination Record (Form I-693)

October 16, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 8, Part B of the USCIS Policy Manual regarding the period of time during which a Form I-693 submitted in support of a related immigration benefits application is considered valid.

Read More
Affected Sections

8 USCIS-PM B - Part B - Health-Related Grounds of Inadmissibility

POLICY ALERT - Marriage and Living in Marital Union Requirements for Naturalization

October 12, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the marriage and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA).

Read More
Affected Sections

12 USCIS-PM G.2 - Chapter 2 - Marriage and Marital Union for Naturalization

POLICY ALERT - Special Naturalization Provisions for Children

September 26, 2018

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to amend the USCIS Policy Manual to clarify certain special naturalization provisions for children.

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Affected Sections

12 USCIS-PM G.3 - Chapter 3 - Spouses of U.S. Citizens Residing in the United States

12 USCIS-PM H.6 - Chapter 6 - Special Provisions for the Naturalization of Children

Technical Update - Authorized Medical Professionals

September 26, 2018

This technical update provides clarification on the medical professionals (medical doctors, doctors of osteopathy, and clinical psychologists) authorized to complete a written evaluation of medical condition in connection with an oath waiver request.

Affected Sections

12 USCIS-PM J.3 - Chapter 3 - Oath of Allegiance Modifications and Waivers

POLICY ALERT - Geographic Area of a Regional Center

August 24, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding a regional center’s geographic area, requests to expand the geographic area, and how such requests impact the filing of Form I-526, Immigrant Petition by Alien Entrepreneur.

Read More
Affected Sections

6 USCIS-PM G - Part G - Investors

Technical Update - Certificates of Citizenship for U.S. National Children

August 15, 2018

This technical update clarifies that a person who is born a U.S. national and is the child of a U.S. citizen may acquire citizenship and may obtain a Certificate of Citizenship without having to establish lawful permanent resident status.

Affected Sections

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

Technical Update - Rescinding Tenant-Occupancy Methodology

July 26, 2018

This technical update clarifies that the rescission of the policy regarding the tenant-occupancy methodology does not affect petitions pending on May 15, 2018 (the date USCIS announced the rescission).

Affected Sections

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

POLICY ALERT - Child Status Protection Act

May 23, 2018

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA).

Read More
Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Adjustment of Status Interview Guidelines and Waiver Criteria

May 15, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating guidance regarding adjustment of status interview guidelines and interview waivers.

Read More
Affected Sections

7 USCIS-PM A.5 - Chapter 5 - Interview Guidelines

POLICY ALERT - Rescinding Tenant-Occupancy Methodology

May 15, 2018

U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to reflect that, as of May 15, 2018, USCIS no longer considers tenant occupancy to be a reasonable methodology to support economically or statistically valid forecasting tools.

Read More
Affected Sections

6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements

POLICY ALERT - Documentation of Conditional Resident Status for Investors with a Pending Form I-829

May 02, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants.

Read More
Affected Sections

6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions

POLICY ALERT - Acquisition of U.S. Citizenship for Children Born Out of Wedlock

April 18, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance to clarify certain requirements for U.S. citizenship for children born outside the United States and out of wedlock under INA 301 and 309. USCIS is making conforming edits to the USCIS nationality charts.

Read More
Affected Sections

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

Technical Update - Fraud and Willful Misrepresentation and Department of State’s 90-Day Rule

March 28, 2018

This technical update incorporates changes that the Department of State (DOS) made to its Foreign Affairs Manual (FAM) regarding its interpretation of the term “misrepresentation.”

Affected Sections

8 USCIS-PM J.3 - Chapter 3 - Adjudicating Inadmissibility

Technical Update - Military Accessions Vital to National Interest

March 21, 2018

This technical update clarifies that foreign nationals may apply for military naturalization after the certification of honorable service has been properly processed by the U.S. armed forces.

Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

Technical Update - Authority to Administer the Oath of Allegiance

March 21, 2018

This technical update clarifies that the Secretary of Homeland Security has, through the Director of USCIS, delegated the authority to administer the Oath during an administrative naturalization ceremony to certain USCIS officials who can successively re-delegate the authority within their chains of command.

Affected Sections

12 USCIS-PM J.2 - Chapter 2 - The Oath of Allegiance

POLICY ALERT - Waiver Policies and Procedures

August 23, 2017

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility.

Read More
Affected Sections

9 USCIS-PM A - Part A - Waiver Policies and Procedures

POLICY ALERT - Biometrics Requirements for Naturalization

July 26, 2017

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.

Read More
Affected Sections

12 USCIS-PM B.2 - Chapter 2 - Background and Security Checks

POLICY ALERT - Administrative Naturalization Ceremonies

June 28, 2017

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance on USCIS administrative naturalization ceremonies, to include guidance regarding participation from other U.S. government and non-governmental entities.

Read More
Affected Sections

12 USCIS-PM J.5 - Chapter 5 - Administrative Naturalization Ceremonies

POLICY ALERT - Job Creation and Capital At Risk Requirements for Investors

June 14, 2017

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to provide further guidance regarding the job creation and capital at risk requirements for Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.

Read More
Affected Sections

6 USCIS-PM G - Part G - Investors

Technical Update - Clarifying Intent to Reside in United States for Naturalization Purposes

January 05, 2017

This technical update clarifies that naturalization applicants are not required to intend to reside permanently in the United States after becoming U.S. citizens. This update is in accordance with current statutes; prior to 1994, a person who became a naturalized U.S. citizen was expected to hold the intention of residing permanently in the United States. See Section 104 of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (October 25, 1994).

Affected Sections

12 USCIS-PM D.7 - Chapter 7 - Attachment to the Constitution

Technical Update - Medical Codes for Purposes of Medical Certification for Disability Exceptions

January 05, 2017

This technical update clarifies that, for purposes of Form N-648, Medical Certification for Disability Exceptions, USCIS accepts the relevant medical codes recognized by the Department of Health and Human Services. This includes codes found in the Diagnostic and Statistical Manual of Mental Disorders and the International Classification of Diseases.

Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Disability Exception (Form N-648)

POLICY ALERT - Registration of Lawful Permanent Resident Status

December 21, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing registration of lawful permanent resident (LPR) status.

Read More
Affected Sections

7 USCIS-PM O - Part O - Registration

POLICY ALERT - False Claim to U.S. Citizenship Ground of Inadmissibility

December 14, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance to address the false claim to U.S. citizenship ground of inadmissibility under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). 

Read More
Affected Sections

8 USCIS-PM K - Part K - False Claim to U.S. Citizenship

Technical Update - Clarifying Designated Periods of Hostilities for Naturalization under INA 329

December 13, 2016

This technical update clarifies that, for purposes of naturalization under INA 329, the current period designated by Presidential Executive Order 13269 (July 3, 2002), as a period in which the U.S. armed forces are considered to be engaged in armed conflict with a hostile foreign force, is still in effect. In addition, this update adds information about the USCIS Military Help Line in this part.

Affected Sections

12 USCIS-PM I.1 - Chapter 1 - Purpose and Background

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

POLICY ALERT - Employment-Based Fifth Preference Immigrants: Investors

November 30, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the eligibility requirements for regional centers and immigrant investors.

Read More
Affected Sections

6 USCIS-PM G - Part G - Investors

POLICY ALERT - Definition of Certain Classes of Medical Conditions and Other Updates Relating to Health-Related Grounds of Inadmissibility

November 02, 2016

U.S. Citizenship and Immigration Services (USCIS) is updating guidance regarding health-related grounds of inadmissibility in accordance with the U.S. Department of Health and Human Services (HHS) rulemaking updating Title 42 of the Code of Federal Regulations, part 34 (42 CFR 34).

Read More
Affected Sections

8 USCIS-PM B - Part B - Health-Related Grounds of Inadmissibility

POLICY ALERT - Special Immigrant Juvenile Classification and Special Immigrant-Based Adjustment of Status

October 26, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.

Read More
Affected Sections

6 USCIS-PM J - Part J - Special Immigrant Juveniles

7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment

POLICY ALERT - Determining Extreme Hardship

October 21, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This guidance becomes effective December 5, 2016.

Read More
Affected Sections

9 USCIS-PM B - Part B - Extreme Hardship

Technical Update - Military Accessions Vital to National Interest Program and Time of Filing for Naturalization

October 19, 2016

This technical update clarifies that, in general, Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) enlistees may file an application for naturalization during basic training in the U.S. armed forces.

Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

POLICY ALERT - Department of Defense Military Accessions Vital to National Interest Program

August 03, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program.

Read More
Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

POLICY ALERT - Effective Date of Lawful Permanent Residence for Purposes of Citizenship and Naturalization

July 27, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the date of legal permanent residence (LPR) for naturalization and citizenship purposes. 

Read More
Affected Sections

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

POLICY ALERT - Removing Obsolete Form I-643 from Filing Requirements for Certain Adjustment Applications

June 22, 2016

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove obsolete Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, from the filing requirements for applications for adjustment of status under section 209 of the Immigration and Nationality Act (INA).

Read More
Affected Sections

7 USCIS-PM L.4 - Chapter 4 - Documentation and Evidence

POLICY ALERT - Adjustment of Status Policies and Procedures and 245(a) Adjustment

February 25, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).

Read More
Affected Sections

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM B - Part B - 245(a) Adjustment

POLICY ALERT - Media Representatives (I) Nonimmigrant Visa Classification

November 10, 2015

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the foreign information media representative nonimmigrant visa classification, commonly known as the “I” visa category.

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Affected Sections

2 USCIS-PM K - Part K - Media Representatives (I)

POLICY ALERT - Modifications to Oath of Allegiance for Naturalization

July 21, 2015

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to clarify the eligibility requirements for modifications to the Oath of Renunciation and Allegiance for naturalization.

Read More
Affected Sections

12 USCIS-PM J.3 - Chapter 3 - Oath of Allegiance Modifications and Waivers

Technical Update - Child Citizenship Act and Children of U.S. Government Employees Residing Abroad

July 20, 2015

This technical update clarifies that the child of a U.S. government employee temporarily stationed abroad is considered to be residing in the United States for purposes of acquisition of citizenship under INA 320.

Affected Sections

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship

Technical Update - Multiple Absences and Residence and Physical Presence

July 20, 2015

This technical update clarifies that along with reviewing for absences of more than 6 months, officers review whether an applicant for naturalization with multiple absences of less than 6 months is able establish the required residence and physical presence for naturalization.

Affected Sections

12 USCIS-PM D.3 - Chapter 3 - Continuous Residence

POLICY ALERT - Effect of Assisted Reproductive Technology (ART) on Immigration and Acquisition of Citizenship Under the Immigration and Nationality Act (INA)

October 28, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to the use of Assisted Reproductive Technology (ART).

Read More
Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

12 USCIS-PM H.5 - Chapter 5 - Child Residing Outside of the United States (INA 322)

Technical Update - Religious Missionaries Abroad and Residence and Physical Presence

October 21, 2014

This technical update clarifies who may be considered to be a missionary of a religious group for purposes of preserving residence and physical presence for naturalization while working abroad.

Affected Sections

12 USCIS-PM D.5 - Chapter 5 - Modifications and Exceptions to Continuous Residence and Physical Presence

Technical Update - Treating Certain Peace Corps Contractors as U.S. Government Employees

October 21, 2014

This technical update clarifies that Peace Corps personal service contractors are considered U.S. Government employees under certain circumstances for purposes of preserving their residence for naturalization while working abroad.

Affected Sections

12 USCIS-PM D.5 - Chapter 5 - Modifications and Exceptions to Continuous Residence and Physical Presence

POLICY ALERT - Nonimmigrant Trainees (H-3)

September 09, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.  

Read More
Affected Sections

2 USCIS-PM J - Part J - Trainees (H-3)

POLICY ALERT - Customer Service

August 26, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service.

Read More
Affected Sections

1 USCIS-PM A - Part A - Public Services

Technical Update - Validity of Same-Sex Marriages

July 01, 2014

This technical update addresses the Supreme Court ruling holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.

Affected Sections

12 USCIS-PM G.2 - Chapter 2 - Marriage and Marital Union for Naturalization

POLICY ALERT - Changes to Dates of Birth and Names on Certificates of Citizenship

June 17, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to changes of dates of birth and names per court orders.

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Affected Sections

12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship

12 USCIS-PM K.4 - Chapter 4 - Replacement of Certificate of Citizenship or Naturalization

POLICY ALERT - Validity Period of the Medical Certification on the Report of Medical Examination and Vaccination Record (Form I-693)

May 30, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing an update to policy guidance in the USCIS Policy Manual addressing the validity period of civil surgeon endorsements on the Report of Medical Examination and Vaccination Record, Form I-693.

Read More
Affected Sections

8 USCIS-PM B.4 - Chapter 4 - Review of Medical Examination Documentation

Technical Update - Civil Surgeon Applications and Evidentiary Requirements

April 08, 2014

This technical update clarifies that an applicant for civil surgeon designation must, at a minimum, submit a copy of the medical degree to show he or she is a Medical Doctor or Doctor of Osteopathy.

Affected Sections

8 USCIS-PM C.2 - Chapter 2 - Application for Civil Surgeon Designation

POLICY ALERT - Fraud and Willful Misrepresentation Grounds of Inadmissibility

March 25, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance on the fraud and willful misrepresentation grounds of inadmissibility under INA 212(a)(6)(C)(i) and the corresponding waiver under INA 212(i).

Read More
Affected Sections

8 USCIS-PM J - Part J - Fraud and Willful Misrepresentation

9 USCIS-PM F - Part F - Fraud and Willful Misrepresentation

Technical Update - Vaccination Requirements for Pregnant or Immuno-Compromised Applicants

March 11, 2014

This technical update replaces the list of vaccines contraindicated for pregnant or immuno-compromised applicants with a reference to the Centers for Disease Control and Prevention (CDC)'s Vaccination Technical Instructions. This ensures the Policy Manual guidance includes the most up-to-date information.

Affected Sections

8 USCIS-PM B.9 - Chapter 9 - Vaccination Requirement

POLICY ALERT - Refugee and Asylee-Based Adjustment of Status under Immigration and Nationality Act (INA) Section 209

March 04, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address adjustment of status applications filed by refugees and asylees under INA sections 209(a) and 209(b).

Read More
Affected Sections

7 USCIS-PM L - Part L - Refugee Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

POLICY ALERT - Health-Related Grounds of Inadmissibility and Waivers

January 28, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual on the health-related grounds of inadmissibility under INA 212(a)(1) and corresponding waivers under INA 212(g).

Read More
Affected Sections

8 USCIS-PM B - Part B - Health-Related Grounds of Inadmissibility

9 USCIS-PM D - Part D - Health-Related Grounds of Inadmissibility

POLICY ALERT - Civil Surgeon Designation and Centralization of the Designation Process at the National Benefits Center

January 28, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to centralize the civil surgeon designation process at the National Benefits Center, effective March 11, 2014.

Read More
Affected Sections

8 USCIS-PM C - Part C - Civil Surgeon Designation and Revocation

Technical Update - Commonwealth of the Northern Mariana Islands

September 30, 2013

This technical update adds the Commonwealth of the Northern Mariana Islands to list of certain territories of the United States where, subject to certain requirements, persons may be U.S. citizens at birth.

Affected Sections

12 USCIS-PM A.2 - Chapter 2 - Becoming a U.S. Citizen

Technical Update - Certified Court Dispositions

September 30, 2013

This technical update adds language addressing existing policy on circumstances where an applicant is required to provide a certified court disposition.

Affected Sections

12 USCIS-PM F.3 - Chapter 3 - Evidence and the Record

POLICY ALERT - Security-Related Positions Abroad

June 10, 2013

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address amendments to section 1059(e) of the National Defense Authorization Act of 2006 by Public Law 112-227.

Read More
Affected Sections

12 USCIS-PM D - Part D - General Naturalization Requirements

12 USCIS-PM D.5 - Chapter 5 - Modifications and Exceptions to Continuous Residence and Physical Presence

POLICY ALERT - Comprehensive Citizenship and Naturalization Policy Guidance

January 07, 2013

USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.

Read More
Affected Sections

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

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