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Part Q - Rescission of Lawful Permanent Residence

Resources

Legal Authorities

8 CFR 240.70 - Decision by the Service

8 CFR 246 - Rescission of adjustment of status

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 210, 8 CFR 210 - Special agricultural workers

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

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 240 - Removal proceedings

INA 240A - Cancellation of removal; adjustment of status

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 340 - Revocation of naturalization

Appendices

No appendices available at this time.

Updates

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 - 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 - 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”].