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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
    • 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
      • Part A - Adjustment of Status Policies and Procedures
      • Part B - 245(a) Adjustment
      • Part C - 245(i) Adjustment
      • Part D - Family-Based Adjustment
      • Part E - Employment-Based Adjustment
      • Part F - Special Immigrant-Based (EB-4) Adjustment
      • Part G - Diversity Visa Adjustment
      • Part H - Reserved
      • Part I - Adjustment Based on Violence Against Women Act
      • Part J - Trafficking Victim-Based Adjustment
      • Part K - Crime Victim-Based Adjustment
      • Part L - Refugee Adjustment
      • Part M - Asylee Adjustment
      • Part N - Legalization
      • Part O - Registration
      • Part P - Other Adjustment Programs
      • Part Q - Rescission of Lawful Permanent Residence
      • Part R - Abandonment of Lawful Permanent Residence
    • 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 7 - Adjustment of Status

Volume 7 - Adjustment of Status

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  • Guidance
  • Resources (149)
  • Appendices (0)
  • Updates (48)
  • History (0)

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 1.2 - Definitions

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 1245.2 - Application

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 204.4 - Amerasian child of a United States citizen

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

8 CFR 204.5(e)(5) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(h) - Aliens with extraordinary ability

8 CFR 204.5(h)(5) - No offer of employment required

8 CFR 204.5(m) - Religious workers

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 205.1(a)(3)(iii) - Automatic revocation of petitions under section 203(b)

8 CFR 208.24 - Termination of Asylum

8 CFR 209.1(d) - Adjustment of status of refugees - Interview

8 CFR 209.2(e) - Adjustment of status of alien granted asylum - Interview

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 245.23(e)(3) - Evidence relating to discretion for adjustment of status in T nonimmigrant classification

8 CFR 245.24(d)(11) - Evidence relating to discretion for adjustment of status in U nonimmigrant status

8 CFR 245.25 - Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment

8 CFR 245.25(a)(2)(ii)(B)(2) - Validity of petition for continued eligibility for adjustment of status

8 CFR 245.25(b) - Definition of same or similar occupational classification

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 - Definitions

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 101(b)(1) - Definition of child

INA 101(g) - Definition of removal

INA 201(f) - Rules for determining whether certain aliens are immediate relatives

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

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

INA 203(h) - Rules for determining whether certain aliens are children

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(f) - Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982

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(c)(2)(B) - Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse, or child

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

INA 208(b)(3)(B) - Continued classification of certain aliens as children

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

INA 209(a)(1) - Inspection and examination by Department of Homeland Security

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 212, 8 CFR 212 - Excludable aliens

INA 213A, 8 CFR 213a - Requirements for sponsor's declaration of financial 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), 8 CFR 214.14 - 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 245, 8 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. 100-202 (PDF) - The Amerasian Homecoming Act of 1987

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. 106-313 (PDF) - Section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (Oct. 17, 2000) Increased job flexibility for long delayed applicants for adjustment of status

Pub. L. 107-208 (PDF) - Child Status Protection Act

Pub. L. 107-273 (PDF) - Section 11030A of the 21st Century Department of Justice Appropriations Authorization Act (Nov. 2, 2002) Extension of H-1B status for aliens with lengthy adjudications

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. 116-260 - Section 7034 of the Consolidated Appropriations Act for Fiscal Year 2021

Pub. L. 116-283 (PDF) - Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA) - Workforce issues for military realignments in the Pacific

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

Pub. L. 97-359 - The Amerasian Act of 1982

Forms

AR-11, Change of Address

Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)

G-1256, Declaration for Interpreted USCIS Interview

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

G-325A, Biographic Information

I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

I-129, Petition for Nonimmigrant Worker

I-129F, Petition for Alien Fiancé(e)

I-130, Petition for Alien Relative

I-131, Application for Travel Document

I-134, Declaration of Financial Support

I-140, Immigrant Petition for Alien Worker

I-290B, Notice of Appeal or Motion

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

I-485 Supplement A, Adjustment of Status Under Section 245(i)

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

I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities

I-526, Immigrant Petition by Standalone Investor

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

I-566, Interagency Record of Request - A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status

I-589, Application for Asylum or Withholding of Removal

I-601, Application for Waiver of Grounds of Inadmissibility

I-602, Application by Refugee for Waiver of Grounds of Excludability

I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)

I-693, Report of Medical Examination and Vaccination Record

I-730, Refugee/Asylee Relative Petition

I-765, Application for Employment Authorization

I-797C, Notice of Action

I-864, Affidavit of Support Under Section 213A of the INA

I-864A, Contract Between Sponsor and Household Member

I-864EZ, Affidavit of Support Under Section 213A of the INA

I-864P, Poverty Guidelines

I-90, Application to Replace Permanent Residence Card

I-912, Request for Fee Waiver

Other Materials

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

Appendices

No appendices available at this time.

Updates

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.

Read More
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.

Read More
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

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.

Read More
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 - 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.

Read More
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

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 - 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 - 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

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 - 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

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

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

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 - 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

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

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 - 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

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.

Read More
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 - 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.

Read More
Affected Sections

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

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.

Read More
Affected Sections

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

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).

Read More
Affected Sections

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

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 - 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 - 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.

Read More
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

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 - 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

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

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

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 - 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 - 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 - 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 - 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).

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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 - 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).

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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.

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Affected Sections

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

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 - 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 - 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).

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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 - 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

Version History

No historical versions available.

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  • Part A - Adjustment of Status Policies and Procedures
  • Part B - 245(a) Adjustment
  • Part C - 245(i) Adjustment
  • Part D - Family-Based Adjustment
  • Part E - Employment-Based Adjustment
  • Part F - Special Immigrant-Based (EB-4) Adjustment
  • Part G - Diversity Visa Adjustment
  • Part H - Reserved
  • Part I - Adjustment Based on Violence Against Women Act
  • Part J - Trafficking Victim-Based Adjustment
  • Part K - Crime Victim-Based Adjustment
  • Part L - Refugee Adjustment
  • Part M - Asylee Adjustment
  • Part N - Legalization
  • Part O - Registration
  • Part P - Other Adjustment Programs
  • Part Q - Rescission of Lawful Permanent Residence
  • Part R - Abandonment of Lawful Permanent Residence
Current as of March 15, 2023
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