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Policy Manual
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
      • Part A - Public Services
      • Part B - Submission of Benefit Requests
      • Part C - Biometrics Collection and Security Checks
      • Part D - Attorneys and Representatives
      • Part E - Adjudications
      • Part F - Motions and Appeals
      • Part G - Notice to Appear
    • 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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  3. Volume 1 - General Policies and Procedures

Volume 1 - General Policies and Procedures

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  • Guidance
  • Resources (52)
  • Appendices (3)
  • Updates (21)
  • History (0)

Resources

Legal Authorities

13 U.S.C. 8 - Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received

29 U.S.C. 701 - Rehabilitation Act

44 U.S.C. 31 - Federal Records Act of 1950, as amended - Records management by federal agencies

5 U.S.C. 552 - Freedom of Information Act - Public information; agency rules, opinions, orders, records, and proceedings

5 U.S.C. 552a - Privacy Act of 1974, as amended - Records maintained on individuals

5 U.S.C. 552a(b) - Conditions of disclosure

8 CFR 103.16 - Collection, use and storage of biometric information

8 CFR 103.2 - Submission and adjudication of benefit requests

8 CFR 103.2(b) - Evidence and processing

8 CFR 103.7 - Fees

8 CFR 103.7(c) – Waiver of fees

8 CFR 103.8 - Service of decisions and other notices

8 CFR 208.6 - Disclosure to third parties

8 CFR 244.16 - Confidentiality in temporary protected status for nationals of designated states cases

8 CFR 245a.2 - Application for temporary residence

8 CFR 245a.21 - Confidentiality in Legal Immigration Family Equity (LIFE) Act cases

8 CFR 245a.3 - Application for adjustment from temporary to permanent resident status

8 U.S.C. 1367 - Penalties for disclosure of information

8 U.S.C. 1641 - Restrictions on public assistance

Delegation of Authority 0150.1 - Delegation to the Bureau of Citizenship and Immigration Services

INA 101(i)(1) - Referral to nongovernmental organization

INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

INA 105 - Liaison with internal security officers

INA 210, 8 CFR 210 - Special agricultural workers

INA 244, 8 CFR 244 - Temporary protected status

INA 245A(c)(4) - Limitation on access to information

INA 286(m) - Immigration examinations fee account   

INA 291 - Burden of proof upon alien

INA 335, 8 CFR 335 - Investigation of applicants, examination of applications

Pub. L. 101-649 (PDF) - Section 153 of the Immigration Act of 1990 (IMMACT 90) - Special immigrant status for certain aliens declared dependent on a juvenile court

Pub. L. 107-296 (PDF) - Homeland Security Act of 2002

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-131, Application for Travel Document

I-360, Petition for Amerasian, Widow(er), or Special Immigrant

I-485, Application to Register Permanent Residence or Adjust Status

I-589, Application for Asylum or Withholding of Removal

I-601, Application for Waiver of Grounds of Inadmissibility

I-730, Refugee/Asylee Relative Petition

I-765, Application for Employment Authorization

I-797C, Notice of Action

I-854, Inter-Agency Alien Witness and Informant Record

I-864P, Poverty Guidelines

I-907, Request for Premium Processing Service

I-912, Request for Fee Waiver

I-912P, HHS Poverty Guidelines for Fee Waiver Request

I-914 Supplement A, Application for Family Member of T-1 Recipient

I-914, Application for T Nonimmigrant Status

I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient

I-918, Petition for U Nonimmigrant Status

Report Misconduct (Office of Inspector General)

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

Appendix: 2020 Fee Rule Litigation Summary

On Sept. 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (PDF).

While the rule is preliminarily enjoined, we will continue to:

  • Accept USCIS forms with the current editions and current fees; and
  • Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 (PDF, 2.55 MB) and 10.10 (PDF, 2.55 MB).
Appendix: Dissatisfaction with USCIS: Terms and Definitions
Dissatisfaction with USCIS: Terms and Definitions

Category and Definition

Examples and Contact Information

Complaint

Any communication received by USCIS expressing dissatisfaction with USCIS. Complaints can be categorized as either “case-specific” or “non-case-specific.”[1]

Case-specific complaints directly relate to cases processed by USCIS.

Non-case-specific complaints refer to any dissatisfaction with USCIS that does not relate to a specific case.

Case-Specific Complaints

  • Cases outside normal processing times (ONPT)

  • Inaccurate or incomplete responses to case-related inquiries

  • Case processing errors

  • Confusion regarding a notice or correspondence sent by USCIS

Non-Case-Specific Complaints

  • Rude treatment by USCIS employees or contractors

  • Facility-related issues

  • Difficulty understanding forms, notices, instructions, or other general information

  • Administration of immigration laws or USCIS policies

Contact Information

USCIS offices, in-person or by mail. See Find a USCIS Office page on the USCIS website.

USCIS Contact Center
Phone: 1-800-375-5283 (TTY: 1-800-767-1833)

Misconduct

Actions of a USCIS employee or contractor that can be considered extreme or outrageous, including, but not limited to, criminal activity.[2]

  • Fraud, corruption, bribery, or embezzlement

  • Perjury or falsification of documents or information

  • Physical assault or inappropriate conduct

  • Unauthorized release of classified information or unauthorized use or misuse of official government systems

  • Misuse of official position for private gain

  • Theft or misuse of government funds, vehicles, badges, credentials, secure forms, sensitive property, or other property

  • Arrest of an employee or contractor by law enforcement personnel

Contact Information

DHS Office of Inspector General (OIG)
Phone: 1-800-323-8603; Fax: 202-254-4297

Mail: DHS, OIG/MAIL STOP 0305
Attn: Office of Investigations – Hotline
245 Murray Lane, SW
Washington, DC 20528-0305

USCIS Office of Security and Integrity (OI)
Fax: 202-233-2453

Mail: Office of Investigations
Attn: Intake MS 2275
U.S. Citizenship and Immigration Services
633 Third Street NW, 3rd Floor, Suite 350
Washington, DC 20529-2275

Footnotes


[^ 1] See Volume 1, Public Services, Chapter 9, Feedback, Complaints, and Reporting Misconduct [1 USCIS-PM A.9].

[^ 2] See Volume 1, Public Services, Chapter 9, Feedback, Complaints, and Reporting Misconduct [1 USCIS-PM A.9].

Appendix: Sample Language for Healthcare Certification

Healthcare Certification[1]

[Date]

To Whom It May Concern:

I am a licensed [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist], and I have treated or evaluated [patient’s name] in relation to [patient’s name]’s gender identity. In my professional opinion, [patient’s name]’s gender identity is consistent with a designation of [male or female].

Patient’s Information:
Full Name:
Date of Birth:

Healthcare Professional’s Information:
Full Name:
Organization (if any):
Address:
Phone Number:
License Type: [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist]
License Number:
Issuing State, Country, or other Jurisdiction of License:

Sincerely,

[Healthcare Professional’s Signature]

[Healthcare Professional’s Printed Name]

Footnote


[^ 1] This format and language is one example of an acceptable healthcare certification letter; officers should accept other language and formats as long as they satisfy the requirements set out in Chapter 5, Verification of Identifying Information, Section C, Personal Information, Subsection 2, Gender [1 USCIS-PM E.5(B)(2)].

Updates

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.

Read More
Affected Sections

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

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 - 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

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.

Read More
Affected Sections

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

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.

Read More
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 - 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.

Read More
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 - 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).

Read More
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

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 - 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.

Read More
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

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.

Read More
Affected Sections

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

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

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 - 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

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.

Read More
Affected Sections

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

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.

Read More
Affected Sections

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

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 - 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).

Read More
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

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.

Read More
Affected Sections

1 USCIS-PM A - Part A - Public Services

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

Version History

No historical versions available.

0
Page sub tree links
  • Part A - Public Services
  • Part B - Submission of Benefit Requests
  • Part C - Biometrics Collection and Security Checks
  • Part D - Attorneys and Representatives
  • Part E - Adjudications
  • Part F - Motions and Appeals
  • Part G - Notice to Appear
Current as of March 22, 2023
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