Chapter 6 - Certain G-4 or NATO-6 Employees and their Family Members
A. Purpose and Background
Employees of recognized international organizations hold nonimmigrant G-4, N, or NATO-6 status in the United States while they are operating in their official capacities. These nonimmigrants’ immediate family members are generally eligible for a corresponding dependent nonimmigrant status.[1] Examples of some qualifying international organizations include the North Atlantic Treaty Organization (NATO) and International Telecommunications Satellite Organization (INTELSAT).[2]
In 1986, Congress created a special immigrant category to provide G-4 nonimmigrants a basis to adjust to lawful permanent resident status.[3] In 1988, Congress added a separate special immigrant category to provide a similar opportunity to foreign retired employees of NATO and their qualifying spouses, widow(er)s, children, and adult sons and daughters.[4] This category applies to:
- Retired officer or employee of a qualifying international organization or NATO (and derivative spouse);
- Surviving spouse of a deceased officer or employee of a qualifying international organization or NATO; and
- Unmarried son or daughter of a current or retired officer or employee of a qualifying international organization or NATO.
B. Legal Authorities
- INA 101(a)(27)(I) and INA 101(a)(27)(L) – Certain employees of international organizations
- INA 203(b)(4) – Certain special immigrants
- INA 245; 8 CFR 245 – Adjustment of status of nonimmigrant to that of person admitted for permanent residence
- 8 CFR 101.5 – Special immigrant status for certain G-4 nonimmigrants
- 22 CFR 42.32(d)(5) – Certain international organization and NATO civilian employees
- 22 CFR 41.24 – International organization aliens
- 22 CFR 41.25 – NATO representatives, officials, and employees
C. Eligibility Requirements
To adjust to lawful permanent resident (LPR) status as a G-4 international organization or NATO-6 employee or family member, an applicant must meet the eligibility requirements shown in the table below.[5]
| G-4 International Organization or NATO-6 Employees and Family Members Adjustment of Status Eligibility Requirements |
|---|
| The applicant has been inspected and admitted or inspected and paroled into the United States. |
| The applicant maintained G-4, N, or NATO-6 status and has resided and been physically present in the United States for the periods of time required by statute. |
| The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application. |
| The applicant is eligible to receive an immigrant visa. |
| The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application[6] and at the time of final adjudication.[7] |
| The applicant is not subject to any applicable bars to adjustment of status.[8] |
| The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.[9] |
| The applicant merits the favorable exercise of discretion.[10] |
1. Eligibility to Receive an Immigrant Visa[11]
An applicant must be eligible to receive an immigrant visa to adjust status.[12] An adjustment applicant typically establishes eligibility for an immigrant visa through an immigrant petition. A G-4 international organization or NATO-6 employee or family member can establish eligibility for an immigrant visa by obtaining classification from USCIS by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).
Therefore, in order for a G-4 international organization or NATO-6 employee or family member adjustment applicant to be eligible to receive an immigrant visa, he or she must be one of the following:
- The applicant is the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) classifying him or her as G-4 international organization employee or family member or NATO-6 employee or family member;
- The applicant has a pending Form I-360 (that is ultimately approved); or
- The applicant is filing the adjustment application concurrently with the Form I-360 (and the Form I-360 is ultimately approved).[13]
The following table provides information on the qualifications that principal I-360 applicants must meet to obtain such classification.
| Type | Nonimmigrant Status | Physical Presence | Resided in the United States | When to Apply for Adjustment[14] |
|---|---|---|---|---|
| Retired officer or employee[15] | Must have maintained G-4, N, or NATO-6 status during requisite period of residence and physical presence in the United States[16] | ½ of 7 years prior to application | 15 years before date of retirement | No later than 6 months after retirement |
| Surviving spouse of a deceased officer or employee[17] | Must have maintained G-4, N, or NATO-6 status during requisite period of residence and physical presence in the United States | ½ of 7 years prior to application | 15 years before death of spouse | No later than 6 months after spouse’s death |
| Unmarried son or daughter of a current or former officer or employee[18] | Must have maintained G-4, N, or NATO-6 status during requisite period of residence and physical presence in the United States | ½ of 7 years prior to application | 7 years between the ages of five and 21[19] (before 22nd birthday) | No later than applicant’s 25th birthday |
Spouse of a retired officer or employee (accompanying or following to join)[20]
| Not applicable | Not applicable | Not applicable | Not applicable |
Nonimmigrant Status
Applicants under this category (except for the spouse of a qualified retiree) must establish that the time spent in the United States accruing residence and physical presence was completed while the applicant was maintaining a valid G-4, N, or NATO-6 nonimmigrant status.
Maintaining status for these purposes is defined as maintaining qualified employment with a qualifying G international organization or maintaining the qualifying family relationship with the G-4 international organization employee. Unauthorized employment does not disqualify an otherwise eligible beneficiary from G-4 status for residence and physical presence purposes, provided the qualifying G status is maintained.[21]
Residence and Physical Presence
Applicants (except for the spouse of a qualified retiree) must establish the specified residence and physical presence to be eligible for adjustment of status. The date of filing the adjustment of status application fixes the date for calculating the residence and physical presence requirements. The applicant must have complied with all requirements as of that filing date.[22]
An absence from the United States for official business or vacation is not subtracted from the aggregate residence or physical presence, as long as the applicant did not abandon residence in the United States and was still stationed in the United States during that time. However, any time an unmarried son or daughter spends outside the United States to attend school does not count towards the physical presence requirement.[23]
USCIS determines residence and physical presence on a case-by-case basis, taking into account all factors relevant to the applicant’s absences from the United States.
Verifying the Underlying Basis to Adjust Status and Determining Ongoing Eligibility[24]
The special immigrant petition should already be adjudicated and approved when the officer adjudicates the adjustment application. USCIS does not re-adjudicate the special immigrant petition at the time of the adjudication of the adjustment application. However, the officer should ensure that the applicant remains classified as a special immigrant G-4 international organization employee or family member or NATO-6 employee or family member and thus is eligible to adjust as a special immigrant G-4 international organization employee or family member or NATO-6 employee or family member.
As a result, there may be instances when USCIS may require the applicant to provide additional evidence to show he or she continues to be classified as a special immigrant G-4 international organization employee or family member or NATO-6 employee or family member. In other words, the officer must verify the status of any underlying immigrant petition that forms the basis for adjustment.
2. Bars to Adjustment
Special immigrant NATO-6 employees and family members are ineligible for adjustment of status if any of the bars to adjustment of status apply.[25] Certain adjustment bars do not apply to G-4 international organization employees and family members.[26] G-4 special immigrants are ineligible to adjust status, however, in cases where they fall under an applicable adjustment bar.[27]
3. Admissibility and Waiver Requirements
In general, an applicant who is inadmissible to the United States may only obtain LPR status if he or she obtains a waiver or other form of relief, if available.[28] In general, if a ground of inadmissibility applies, an applicant must apply for a waiver or other form of relief to overcome that inadmissibility.[29] If a waiver or other form of relief is granted, USCIS may approve the application to adjust status if the applicant is otherwise eligible.
The following table specifies which grounds of inadmissibility apply and which do not apply to applicants seeking LPR status based on the G-4 international organization or NATO-6 employee or family member classification.
| Ground of Inadmissibility | Applies | Exempt or Not Applicable |
|---|---|---|
| INA 212(a)(1) – Health-Related | X |
|
| INA 212(a)(2) – Crime-Related | X |
|
| INA 212(a)(3) – Security-Related | X |
|
| INA 212(a)(4) – Public Charge | X |
|
| INA 212(a)(5) – Labor Certification and Qualifications for Certain Immigrants |
| X |
| INA 212(a)(6) – Illegal Entrants and Immigration Violators | X |
|
| INA 212(a)(7)(A) – Documentation Requirements for Immigrants | X |
|
| INA 212(a)(8) – Ineligibility for Citizenship | X |
|
| INA 212(a)(9) – Aliens Previously Removed | X |
|
| INA 212(a)(10) – Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation | X |
|
4. Treatment of Family Members
The spouse of a retired G-4, N, or NATO-6 employee may, if otherwise eligible, accompany or follow-to-join the principal applicant and apply to adjust status as a derivative under the same immigrant category and priority date.[30] An unmarried son or daughter is considered to be the principal adjustment applicant and so is not treated as a derivative applicant. No other family members of principal applicants may adjust as derivative applicants.
D. Documentation and Evidence
An applicant should submit the following documentation to adjust status as a special immigrant employee of an international organization officer or family member of such an employee:
- Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee; Copy of the receipt or approval notice (Form I-797) for the principal applicant’s petition (unless the applicant is filing the petition together with the Form I-485);[31]
- Copy of every page of passport and any other documents showing that you resided and were physically present in the United States for the required time period;
- Evidence of maintenance of G-4, N, or NATO-6 nonimmigrant status since your last entry into the United States;
- Interagency Record of Request (Form I-566);
- Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508);
- Two passport-style photographs;
- Copy of government-issued identity document with photograph;
- Copy of birth certificate;
- Copy of passport page with nonimmigrant visa (if applicable);
- Copy of passport page with admission or parole stamp (if applicable);
- Copy of Arrival/Departure Record (Form I-94) or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);[32]
- Any other evidence, as needed, to show that an adjustment bar does not apply;[33]
- Report of Immigration Medical Examination and Vaccination Record (Form I-693);[34]
- Certified police and court records of criminal charges, arrests, or convictions (if applicable);
- Application for Waiver of Grounds of Inadmissibility (Form I-601) or other form of relief (if applicable); and
- Documentation of past or present J-1 or J-2 nonimmigrant status, including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) if applicable.
In addition, a spouse filing as a derivative applicant should submit the following:
- A copy of documentation showing relationship to the principal applicant, such as a marriage certificate (if applicable); and
- A copy of the approval or receipt notice (Form I-797) for the principal applicant’s Form I-485 or a copy of the principal applicant’s permanent resident card (Form I-551) (if applicable and not filing together with the principal applicant).
Applicants must be able to establish they meet the relevant eligibility grounds, including residence, physical presence, and a qualifying relationship, when necessary. An officer should ensure there is sufficient documentation included with the application to substantiate eligibility.
E. Adjudication[35]
1. Filing
An applicant seeking adjustment of status as a special immigrant G-4 international organization or NATO-6 employee may file his or her adjustment application with USCIS concurrently with the Form I-360 petition, while the Form I-360 petition is pending, or after USCIS approves the Form I-360 petition (as long as the petition is still valid), provided:
- USCIS has jurisdiction over the adjustment application;[36] and
- The visa availability requirements are met.[37]
2. Interview
The officer must schedule the applicant for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
- The officer cannot make a decision based on the evidence of record; or
- The applicant does not meet the criteria for an interview waiver.[38]
3. Decision
Approval
The officer must determine that the applicant meets all the eligibility requirements as well as merits the favorable exercise of discretion before approving the application to adjust status as a special immigrant international organization employee (or family member).[39] If the adjustment application is approvable, the officer must determine if a visa is available at the time of final adjudication.[40]
If approved, USCIS assigns the following codes of admission to applicants adjusting under this category:
| Applicant | Code of Admission |
|---|---|
| Retired G-4 Employee | SK6 |
| Spouse of G-4 Employee (SK6) | SK7 |
| Unmarried Son or Daughter of G-4 Employee (SK6) | SK8 |
| Surviving Spouse of Deceased G-4 Employee (SK6) | SK9 |
| Retired NATO-6 Employee | SN6 |
| Spouse of NATO-6 Employee (SN6) | SN7 |
| Unmarried Son or Daughter of NATO-6 Employee (SN6) | SN8 |
| Surviving Spouse of Deceased NATO-6 Employee (SN6) | SN9 |
The applicant becomes an LPR as of the date of approval of the adjustment application.[41]
Denial
If the officer determines that the applicant is ineligible for adjustment, the officer must deny the adjustment application. The officer must provide the applicant a written reason for the denial.[42] Although there are no appeal rights for the denial of an adjustment application, the applicant may file a motion to reopen or reconsider. The denial notice should include instructions for filing a Notice of Appeal or Motion (Form I-290B).
Footnotes
[^ 1] As long as their international organizations remain recognized, the employees and their family members enjoy certain privileges, immunities, and protections, including protection from most grounds of inadmissibility and deportation.
[^ 2] See 9 Foreign Affairs Manual (FAM) 402.3-7(N), International Organizations for more qualifying international organizations. See 9 FAM 502.5-6(B), Certain International Organization and NATO Civilian Employees.
[^ 3] See INA 101(a)(27)(I). See Section 312(a) of the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (PDF), 100 Stat. 3359, 3434 (November 6, 1986), as amended by Section 2(o)(1) of the Immigration Technical Corrections Act of 1988, Pub. L. 100-525 (PDF), 102 Stat. 2609, 2613 (October 24, 1988).
[^ 4] See INA 101(a)(27)(L). See Section 421 of the American Competitiveness and Workforce Improvement Act of 1998, Title IV of Pub. L. 105-277 (PDF), 112 Stat. 2681-641, 2681-657 (October 21, 1998).
[^ 5] See INA 245(a) and (c). See 8 CFR 245. See Instructions to Form I-485.
[^ 6] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section B, Definition of Properly Filed [7 USCIS-PM A.3(B)].
[^ 7] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)].For information on Visa Availability and Priority Dates, see the DOS Visa Bulletin.
[^ 8] See INA 245(c). See Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 9] For more information, see Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM].
[^ 10] See INA 245(a). For more information, see Part A, Adjustment of Status Policies and Procedures [7 USCIS-PM A] and Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 11] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6] and Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section C, Eligible to Receive an Immigrant Visa [7 USCIS-PM B.2(C)].
[^ 12] See INA 245(a)(2).
[^ 13] A retired employee must file Form I-360 petition no later than 6 months after retiring from the international organization. A surviving spouse of a deceased employee must file Form I-360 petition no later than 6 months after the employee’s date of death. See INA 101(a)(27)(I)(ii) and INA 101(a)(27)(I)(iii).
[^ 14] Special immigrant employees of qualifying international organizations and qualified family members, who consular process rather than adjust status, must appear for the final visa interview and issuance of the immigrant visa within 6 months of approval of the Form I-360. See 22 CFR 42.32(d)(5)(ii).
[^ 15] See INA 101(a)(27)(I)(iii).
[^ 16] See 8 CFR 101.5(d).
[^ 17] See INA 101(a)(27)(I)(ii).
[^ 18] See INA 101(a)(27)(I)(i).
[^ 19] See INA 101(a)(27)(I)(i). Based on common understanding of the phrase “between the ages of 5 and 21 years,” the establishment of residence may include the entire year during which the applicant is considered 21-years-old, but the requirement must be met before the applicant’s 22nd birthday.
[^ 20] See INA 101(a)(27)(I)(iv).
[^ 21] See 8 CFR 101.5(d).
[^ 22] See 8 CFR 101.5(a).
[^ 23] See 8 CFR 101.5(c).
[^ 24] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6].
[^ 25] See INA 245(c). For more information on the bars to adjustment, see Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 26] See INA 245(c)(2) and INA 245(c)(8). See 8 CFR 245.1(b).
[^ 27] See INA 245(c). For more information on the bars to adjustment, see Part B, 245(a) Adjustment, Chapter 8, Exemptions from Bars to Adjustment, Section C, Certain Special Immigrants [7 USCIS-PM B.8(C)].
[^ 28] See INA 212(a) for the specific grounds of inadmissibility.
[^ 29] See Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM]. See Application for Waiver of Grounds of Inadmissibility (Form I-601) and Application for Permission to Reapply for Admission into the United States after Deportation or Removal (Form I-212).
[^ 30] See INA 101(a)(27)(I)(iv).
[^ 31] See Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).
[^ 32] Noncitizens admitted to the United States by CBP at an airport or seaport after April 30, 2013 may be issued an electronic Form I-94 by CBP instead of a paper Form I-94. Such noncitizens may visit the CBP Web site to obtain a paper version of an electronic Form I-94.
[^ 33] Such as evidence that the INA 245(c)(2) adjustment bar does not apply because the applicant’s failure to maintain status was through no fault of his or her own or for technical reasons. See 8 CFR 245.1(d)(2). See Part B, 245(a) Adjustment, Chapter 4, Status and Nonimmigrant Visa Violations – INA 245(c)(2) and INA 245(c)(8), Section E, Exceptions [7 USCIS-PM B.4(E)]. Since the adjustment bars at INA 245(c)(2) and INA 245(c)(8) do not apply to special immigrant G-4 employees and family members as a matter of law, applicants applying for adjustment under this category do not need to submit any additional evidence regarding these bars. See INA 245(c)(2) and 8 CFR 245.1(b).
[^ 34] The applicant may submit Form I-693 together with Form I-485 or later at USCIS’ request. See the USCIS website for more information. For more information on when to submit Form I-693, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation [8 USCIS-PM B.4].
[^ 35] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6].
[^ 36] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section D, Jurisdiction [7 USCIS-PM A.3(D)].
[^ 37] The applicant must have an immigrant visa immediately available when he or she filed the adjustment of status application and at the time of final adjudication. See Section C, Eligibility Requirements [7 USCIS-PM F.7(C)].
[^ 38] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 5, Interview Guidelines [7 USCIS-PM A.5].
[^ 39] See INA 245(a). For more information, see Part A, Adjustment of Status Policies and Procedures [7 USCIS-PM A] and Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 40] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)].
[^ 41]The date of approval is shown in the USCIS approval notice mailed to the applicant; that date is also shown on the actual Permanent Resident Card (Form I-551) the applicant receives after adjustment approval.
[^ 42] See 8 CFR 103.2(b)(19) and 8 CFR 103.3(a).