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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
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Eligibility Requirements
        • Chapter 3 - Admissibility and Waiver Requirements
        • Chapter 4 - Documentation and Evidence
        • Chapter 5 - Adjudication Procedures
        • Chapter 6 - Termination of Status and Notice to Appear Considerations
      • 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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  4. Part M - Asylee Adjustment
  5. Chapter 3 - Admissibility and Waiver Requirements

Chapter 3 - Admissibility and Waiver Requirements

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  • Guidance
  • Resources (11)
  • Appendices (0)
  • Updates (7)
  • History (1)

An asylee adjustment applicant must be admissible at the time USCIS grants the adjustment of status. Because an asylee is not subject to admissibility grounds at the time of the asylum grant, the adjudication of the adjustment application may be the first instance that inadmissibility grounds are considered. The applicants may be found inadmissible based on any information in the A-file or submitted with the adjustment application or through security checks. 

A. Exemptions

The following grounds of inadmissibility do not apply to asylees adjusting status:

  • Public Charge – INA 212(a)(4)

  • Labor Certification and Qualifications for Certain Immigrants – INA 212(a)(5)

  • Documentation Requirements for Immigrants – INA 212(a)(7)(A)

B. Applicable Inadmissibility Grounds

The following grounds of inadmissibility apply to asylees adjusting status:

  • Health-Related – INA 212(a)(1)

  • Crime-Related – INA 212(a)(2)

  • Security-Related – INA 212(a)(3)

  • Illegal Entrants and Immigration Violators – INA 212(a)(6) 

  • Ineligibility for Citizenship – INA 212(a)(8) 

  • Aliens Previously Removed – INA 212(a)(9)

  • Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation – INA 212(a)(10) 

1. Health-Related Considerations

In some cases, a derivative asylee who had a Refugee/Asylee Relative Petition (Form I-730) processed overseas may have had a Class A medical condition that was waived for purposes of admission as an asylee. In these instances, the waiver does not carry through to adjustment and the applicant must submit to a new medical examination to determine whether the Class A medical condition has been resolved.

2. Unlawful Presence Considerations

An unlawful presence exception applies during the period of time in which the asylee had a bona fide, pending asylum application. The time period that the applicant’s bona fide asylum application was pending should not be included in any unlawful presence calculation,[1] provided the applicant was not employed without authorization during such time period. Unauthorized employment would disqualify the asylee from this exception.[2]

While departures from the United States may trigger an unlawful presence bar, an officer may consider a waiver for unlawful presence either through submission of a waiver application (Form I-602), or in conjunction with the adjustment of status application, in instances in which a waiver application is not requested. If the officer does not request a waiver application, the officer should notate any waiver granted on the adjustment of status application. However, the Board of Immigration Appeals held on April 17, 2012 that travel on advance parole for a pending adjustment applicant will not trigger the unlawful presence bar.[3]

C. Inadmissibility Grounds that May Not Be Waived

While waivers are generally available for most of the grounds listed in Section B, Applicable Inadmissibility Grounds,[4] the following grounds of inadmissibility cannot be waived:

  • Controlled Substance Traffickers – INA 212(a)(2)(C)

  • Espionage; Sabotage; Illegal Export of Goods, Technology, or Sensitive Information; Unlawful Overthrow or Opposition to U.S. Government – INA 212(a)(3)(A) 

  • Terrorist Activities – INA 212 (a)(3)(B) (Note: Exemptions for some of these grounds exist)

  • Adverse Foreign Policy Impact – INA 212(a)(3)(C)

  • ​Participants in Nazi Persecutions or Genocide – INA 212(a)(3)(E)

An officer should deny the adjustment application where no waiver or exemption is available due to the type of inadmissibility found. 

National Security Issues

In the event that the adjudicating officer identifies at any stage one or more national security indicator(s) or concerns unknown at the time of the grant of asylum, the officer should refer to USCIS guidance on disposition of national security cases. The officer should also follow current USCIS instructions on cases that involve terrorist related grounds of inadmissibility for disposition of the case or see their supervisor for questions.

Unless a case is sent specifically to a field office for resolution of Terrorist Related Inadmissibility Ground (TRIG) issues and final adjudication of the adjustment application, an officer should return any asylee adjustment case with unresolved TRIG issues to the originating service center for resolution.

D. Waivers[5]

All grounds of inadmissibility listed at Section B, Applicable Inadmissibility Grounds[6] are subject to waiver, if the applicant can establish he or she qualifies for a waiver.

An asylee adjustment applicant may have a ground of inadmissibility waived for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. This type of waiver does not require the applicant to prove extreme hardship.

In adjudicating a discretionary waiver application for asylee adjustment, an officer must balance the humanitarian, family unity, or public interest considerations with the seriousness of the offense or conduct that rendered the applicant inadmissible. In making this determination, an officer should recognize that the applicant has already established past or a well-founded fear of future persecution, which is an extremely strong positive discretionary factor.

Exchange Visitors (J-1 and J-2 Nonimmigrants)[7]

An asylee adjustment applicant who previously held the status of an exchange visitor (J-1 or J-2 nonimmigrant) and is therefore subject to the 2-year foreign residence requirement[8] is eligible to adjust status without regard to this requirement.[9] The applicant is not required to show proof of compliance with or obtain a waiver of the foreign residence requirement if applying to adjust status under INA 209.

Footnotes


[^ 1] See INA 212(a)(9)(B).

[^ 2] See INA 212(a)(9)(B)(iii)(II).

[^ 3] See Matter of Arrabally and Yerrabelly (PDF), 25 I&N Dec. 771 (BIA 2012).

[^ 4] See Section B, Applicable Inadmissibility Grounds [7 USCIS-PM M.3(B)].

[^ 5] For more information on waiver policies and procedures, see Volume 9, Waivers and Other Forms of Relief, Part A, Waiver Policies and Procedures [9 USCIS-PM A]

[^ 6] See Section B, Applicable Inadmissibility Grounds [7 USCIS-PM M.3(B)].

[^ 7] See INA 101(a)(15)(J).

[^ 8] See INA 212(e).

[^ 9] See 8 CFR 209.2(b) (foreign residency exemption).

Resources

Legal Authorities

8 CFR 208.24 - Termination of Asylum

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

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

Forms

AR-11, Change of Address

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

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

I-589, Application for Asylum or Withholding of Removal

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

I-730, Refugee/Asylee Relative Petition

Other Materials

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

Appendices

No appendices available at this time.

Updates

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

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

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

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 - 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

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).

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

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 - 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

Archived Content

This content has been superseded by the current version available in the Guidance tab. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. The historical versions are provided for research and reference purposes only. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures.

The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at: https://archive.org

Version History:

  • View version archived on May 11, 2021

Select a date to view the historical version

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