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Part A - Adjustment of Status Policies and Procedures

Resources

Legal Authorities

22 CFR 42.12 - Rules of chargeabiliity

8 CFR 103.2 - Submission and adjudication of benefit requests

8 CFR 103.7 - Fees

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

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 245.2(a) - Application for adjustment of status

8 CFR 245.6 - Interviews for adjustment of status

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

9 FAM 503.3-2 - Determining priority dates

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

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

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(l) - Restrictions on waiver

INA 245(a) - Adjustment of status

INA 245(c) - Bars to adjustment of status

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 291 - Burden of proof upon alien

Appendices

No appendices available at this time.

Updates

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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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 - 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 - 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.

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 - 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 - 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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