Official Website of the Department of Homeland SecurityOfficial Website of the Department of Homeland Security
February 12, 2019Technical UpdateImplementation of Policy Guidance on Medical Certification for Disability Exceptions (Form N-648)
February 06, 2019Technical UpdateVisa Retrogression
January 23, 2019Technical UpdateChild Status Protection Act
January 16, 2019POLICY ALERTPolicies and Procedures for Secure Identity Documents
December 12, 2018POLICY ALERTSufficiency of Medical Certification for Disability Exceptions (Form N-648)
October 30, 2018POLICY ALERTImmigrant Investors and Debt Arrangements
October 25, 2018POLICY ALERTUse of Form G-325A

Volume 7 – Adjustment of Status

Part A – Adjustment of Status Policies and Procedures


Chapter 1 – Purpose and Background

Chapter 2 – Eligibility Requirements

Chapter 3 – Filing Instructions

Chapter 4 – Documentation

Chapter 5 – Interview Guidelines

Chapter 6 – Adjudicative Review

Chapter 7 – Child Status Protection Act

Chapter 8 – Transfer of Underlying Basis

Chapter 9 – Death of Petitioner or Principal Beneficiary

Chapter 10 – Legal Analysis and Use of Discretion

Chapter 11 – Decision Procedures


 

Technical UpdateVisa Retrogression

February 06, 2019

​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 UpdateChild Status Protection Act

January 23, 2019

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 ALERTUse 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).


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POLICY ALERTChild Status Protection Act

May 23, 2018

​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 ALERTAdjustment of Status Interview Guidelines and Waiver Criteria

May 15, 2018

​U.S. Citizenship and Immigration Services (USCIS) is updating guidance regarding adjustment of status interview guidelines and interview waivers.


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POLICY ALERTAdjustment of Status Policies and Procedures and 245(a) Adjustment

February 25, 2016

​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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Legal Authorities

17
  • 8 CFR 103.2 - Submission and adjudication of benefit requests
  • INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission

  • 22 CFR 42.12 - Department of State rules of chargeabiliity

  • 8 CFR 103.7 - Waiver of fees

  • 8 CFR 245.2(a) - Application for adjustment of status

  • 8 CFR 245.6 - Interviews for adjustment of status

  • 9 FAM 503.3-2 - Determining priority dates

  • ​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(e) - Educational visitor status; foreign residence requirement and waiver

  • INA 213A - Requirements for sponsor's affidavit of support

  • 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


Appendices

0
Current as of February 12, 2019