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Chapter 2 - Eligibility

A person who has adjusted status to that of an alien lawfully admitted for permanent residence under INA 210, 240A, (the former) 244, 245, 245A, or 249, or under any other provision of law may be placed into rescission proceedings at any time during the first 5 years after the granting of permanent residence, if:

  • USCIS determines that the alien was not eligible for adjustment of status at the time that permanent residence was granted; and

  • The alien would have not been eligible for adjustment under any other provision of law.[1]

A determination that an alien is not subject to rescission proceedings does not necessarily mean that no further action may be taken. An alien who is not subject to rescission may still be subject to removal proceedings.[2]

Footnotes


[^ 1] See INA 246.

[^ 2] For more information on NTA issuance, see Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 327.19 KB), PM-602-0050.1, issued June 28, 2018.

Resources

Legal Authorities

8 CFR 246 - Rescission of adjustment of status

INA 210, 8 CFR 210 - Special agricultural workers

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

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”].