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Part B - Submission of Benefit Requests

In May 2020, USCIS retired its Adjudicator’s Field Manual (AFM), a collection of our immigration policies and procedures. We are working quickly to update and incorporate all of the AFM content into the USCIS Policy Manual, the agency’s centralized online repository for immigration policies. Until then, we have moved any remaining AFM content to its corresponding Policy Manual Part. To the extent that a provision in the Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the Policy Manual prevails. If you have questions or concerns about any discrepancies among these resources, contact USCISPolicyManual@uscis.dhs.gov.

AFM Chapter 10 - An Overview of the Adjudication Process (External) (PDF, 2.87 MB)

Resources

Legal Authorities

8 CFR 103.2 - Submission and adjudication of benefit requests

8 CFR 103.7 - Fees

8 CFR 103.7(c) – Waiver of fees

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

INA 244, 8 CFR 244 - Temporary protected status

INA 286(m) - Immigration examinations fee account   

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

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, 2.87 MB) and 10.10 (PDF, 2.87 MB).

Updates

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

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 our litigation summary.

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

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, 327.05 KB) between the AFM and the Policy Manual.

POLICY ALERT - Submission of Benefit Requests

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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Technical Update - Implementation of Fees for Submission of Benefit Requests

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, 2.87 MB) and 10.10 (PDF, 2.87 MB).

POLICY ALERT - Fees for Submission of Benefit Requests

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, 2.87 MB) and 10.10 (PDF, 2.87 MB) (PDF, 2.87 MB).

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Technical Update - Replacing the Term “Foreign National”

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”].