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Volume 7 - Adjustment of Status

Resources

Legal Authorities

18 U.S.C. 1015(f) - Naturalization, citizenship or alien registry

22 CFR 41.24 - International organization aliens

22 CFR 41.25 - NATO representatives, officials, and employees

22 CFR 42.12 - Rules of chargeabiliity

22 CFR 42.32(d)(2) - Certain U.S. government employees

22 CFR 42.32(d)(3) - Panama Canal employees

22 CFR 42.32(d)(5) - Certain international organization and NATO civilian employees

8 CFR 101.1 - Presumption of lawful admission

8 CFR 101.2 - Presumption of lawful admission; entry under erroneous name or other errors

8 CFR 101.3 - Creation of record of lawful permanent resident status for person born under diplomatic status in the United States

8 CFR 101.5 - Special immigrant status for certain G-4 nonimmigrants

8 CFR 103.2 - Submission and adjudication of benefit requests

8 CFR 103.7 - Fees

8 CFR 204.11 - Special immigrant status for certain aliens declared dependent on a juvenile court (special immigrant juvenile)

8 CFR 204.12(f) - May a physician practice clinical medicine in a different underserved area?

8 CFR 204.13 - How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster

8 CFR 204.5(e) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(h) - Aliens with extraordinary ability

8 CFR 204.5(m) - Religious workers

8 CFR 240.70 - Decision by the Service

8 CFR 245.1(e)(3) - Special immigrant juveniles

8 CFR 245.2(a) - Application for adjustment of status

8 CFR 245.6 - Interviews for adjustment of status

8 CFR 245.8 - Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act

8 CFR 246 - Rescission of adjustment of status

8 CFR 264.2 - Application for creation of record of permanent residence

9 FAM 502.1-1(C) - Principal and derivative beneficiaries

9 FAM 503.3-2 - Determining priority dates

INA 101(a)(27) - Definitions of certain special immigrants

INA 101(a)(27)(C) - Certain ministers and religious workers

INA 101(a)(27)(D) - Certain employees or former employees of U.S. government abroad

INA 101(a)(27)(E), INA 101(a)(27)(F), and INA 101(a)(27)(G) - Employees of Panama Canal Company or Canal Zone government

INA 101(a)(27)(H) - Special immigrant physicians

INA 101(a)(27)(I) - Certain employees of international organizations

INA 101(a)(27)(J), 8 CFR 204.11 - Special immigrant juveniles

INA 101(a)(27)(K) - Certain armed forces members

INA 101(a)(27)(L) - Certain employees of international organizations

INA 101(a)(27)(M) - Broadcaster for International Broadcasting Bureau of Broadcasting Board of Governors or grantee

INA 101(a)(42) - Definition of refugee

INA 203(b) - Preference allocation for employment-based immigrants

INA 203(b)(4) - Certain special immigrants

INA 204(a) - Procedure for granting immigrant status; petitioning procedure

INA 204(c) - Procedure for granting immigrant status; limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriage entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud

INA 204(j) - Job flexibility for long delayed applicants for adjustment of status to permanent residence

INA 204(l) - Surviving relative consideration for certain petitions and applications

INA 207, 8 CFR 207 - Annual admission of refugees and admission of emergency situation refugees

INA 208(c)(2) - Termination of asylum

INA 209, 8 CFR 209 - Adjustment of status of refugees and asylees

INA 210, 8 CFR 210 - Special agricultural workers

INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission

INA 212(e) - Educational visitor status; foreign residence requirement and waiver

INA 213A - Requirements for sponsor's affidavit of support

INA 214(d) - Admission of nonimmigrants; issuance of visa to fiancée or fiancé of citizen

INA 214(l) - Restrictions on waiver

INA 214(p) - Admission of nonimmigrants; requirements applicable to section 1101(a)(15)(U) visas

INA 216, 8 CFR 216 - Conditional permanent resident status for certain alien spouses and sons and daughters

INA 216A, 8 CFR 216.6 - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

INA 237(a) - Deportable aliens; classes of deportable aliens

INA 240 - Removal proceedings

INA 240A - Cancellation of removal; adjustment of status

INA 244, 8 CFR 244 - Temporary protected status

INA 245(a) - Adjustment of status

INA 245(c) - Bars to adjustment of status

INA 245(g) - Parole provision for special immigrant armed forces members seeking adjustment of status

INA 245(h) - Adjustment of special immigrant juveniles

INA 245(i), 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States

INA 245(k) - Inapplicability of certain provisions for certain employment-based immigrants

INA 2458 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

INA 245A, 8 CFR 245a - Adjustment of status of certain entrants before January 1, 1982 to that of person admitted for lawful residence

INA 246 - Rescission of adjustment of status; effect upon naturalized citizen

INA 249, 8 CFR 249 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

INA 291 - Burden of proof upon alien

INA 340 - Revocation of naturalization

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. 102-110 (PDF) - Armed Forces Immigration Adjustment Act of 1991

Pub. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991

Pub. L. 105-119 (PDF) -  Section 113 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1998

Pub. L. 109-163 (PDF) - Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, as amended – Special immigrant status for persons serving as translators with U.S. armed forces

Pub. L. 110-181 (PDF) - Section 1244 of the National Defense Authorization Act for Fiscal Year 2008, as amended – Special immigrant status for certain Iraqis

Pub. L. 110-457 (PDF) - Section 235(d) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) - Permanent protection for certain at-risk children

Pub. L. 116-92 (PDF) - Section 7611 of the National Defense Authorization Act for Fiscal Year 2020

Pub. L. 96-212 (PDF) - Refugee Act of 1980

Forms

Appendices

No appendices available at this time.

Updates

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

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

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

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 affecting implementation, see our litigation summary.

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

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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Technical Update - Foreign Residency Requirement

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

Technical Update - Incorporating Existing Guidance into 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 22.3 and 26 of the AFM, related appendices, and policy memoranda.

Technical Update - Removing Obsolete Form I-508F

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.

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) between the AFM and the Policy Manual.

Technical Update - National Interest Waiver Portability Provisions

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.

Technical Update - Incorporating Existing Guidance into 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.

Technical Update - Removing Obsolete Form I-864W

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.

POLICY ALERT - Liberian Refugee Immigration Fairness

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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Technical Update - Replacing the Term “Entrepreneur”

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.

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

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

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

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.

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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”].

Technical Update - Visa Retrogression

​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.

Technical Update - Child Status Protection Act

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.

POLICY ALERT - Use of Form G-325A

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).

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POLICY ALERT - Child Status Protection Act

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

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POLICY ALERT - Adjustment of Status Interview Guidelines and Waiver Criteria

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

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POLICY ALERT - Registration of Lawful Permanent Resident Status

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

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

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.

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

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).

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

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).

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

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).

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