Part E - Adjudications
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
8 CFR 103.2 - Submission and adjudication of benefit requests
Delegation of Authority 0105.1 - Delegation to the Bureau of Citizenship and Immigration Services
INA 291 - Burden of proof upon alien
Pub. L. 107-296 (PDF) - Homeland Security Act of 2002
No forms available at this time.
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].
Date of Birth:
Healthcare Professional’s Information:
Organization (if any):
License Type: [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist]
Issuing State, Country, or other Jurisdiction of License:
[Healthcare Professional’s Signature]
[Healthcare Professional’s Printed Name]
[^ 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)].
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.
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.
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.
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”].