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
Part B – 245(a) Adjustment
Chapter 1 – Purpose and Background
Chapter 2 – Eligibility Requirements
Chapter 3 – Unlawful Immigration Status at Time of Filing – INA 245(c)(2)
Chapter 4 – Status and Nonimmigrant Visa Violations – INA 245(c)(2) and INA 245(c)(8)
Chapter 5 – Employment-Based Applicant Not in Lawful Nonimmigrant Status – INA 245(c)(7)
Chapter 6 – Unauthorized Employment – INA 245(c)(2) and INA 245(c)(8)
Chapter 7 – Other Barred Adjustment Applicants
Chapter 8 – Inapplicability of Bars to Adjustment
Part C – 245(i) Adjustment
Part D – Family-Based Adjustment
Part E – Employment-Based Adjustment
Part F – Special Immigrant-Based (EB-4) Adjustment
Chapter 1 – Purpose and Background
Chapter 2 – Religious Workers
Chapter 3 – International Employees of U.S. Government Abroad
Chapter 4 – Panama Canal Zone Employees
Chapter 5 – Certain Physicians
Chapter 6 – Certain G-4 or NATO-6 Employees and Their Family Members
Chapter 7 – Special Immigrant Juveniles
Chapter 8 – Members of the U.S. Armed Forces
Chapter 9 – Certain Broadcasters
Chapter 10 – Certain Afghanistan and Iraq Nationals
Part G – Diversity Visa Adjustment
Part H – Criminal or Terrorist Informant-Based Adjustment
Part I – VAWA-Based Adjustment
Part J – Trafficking Victim-Based Adjustment
Part K – Crime Victim-Based Adjustment
Part L – Refugee 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 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
Chapter 1 – Presumption of Lawful Admission
Chapter 2 – Presumption of Lawful Admission Despite Certain Errors Occurring at Entry
Chapter 3 – Foreign Nationals Born in the United States to Accredited Diplomats
Chapter 4 – Foreign Nationals Who Entered the United States Prior to January 1, 1972
Part P – Special Adjustment Programs
Part Q – Rescission of Lawful Permanent Residence
Part R – Abandonment of Lawful Permanent Residence
Technical Update – Visa 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 Update – Child 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 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).
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POLICY ALERT – Child 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 ALERT – Adjustment 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 ALERT – Registration of Lawful Permanent Resident Status
December 21, 2016
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing registration of lawful permanent resident (LPR) status.
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POLICY ALERT – Special Immigrant Juvenile Classification and Special Immigrant-Based Adjustment of Status
October 26, 2016
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.
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POLICY ALERT – Removing Obsolete Form I-643 from Filing Requirements for Certain Adjustment Applications
June 22, 2016
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove obsolete Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, from the filing requirements for applications for adjustment of status under section 209 of the Immigration and Nationality Act (INA).
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POLICY ALERT – Adjustment 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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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).
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Legal Authorities
58- 8 CFR 103.2 - Submission and adjudication of benefit requests
INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission
- 8 CFR 101.2 - Presumption of lawful admission; entry under erroneous name or other errors
22 CFR 41.24 - International organization aliens
22 CFR 41.25 - NATO representatives, officials, and employees
22 CFR 42.12 - Department of State rules of chargeabiliity
22 CFR 42.32(d)(2) - Certain U.S. government employees
22 CFR 42.32(d)(3) - Panama Canal employees
22 CFR 42.32(d)(5) - Certain international organization and NATO civilian employees
8 CFR 101.1 - Presumption of lawful admission
8 CFR 101.3 - Lawful permanent resident status for persons born under diplomatic status in the United States
8 CFR 101.5 - Special immigrant status for certain G-4 nonimmigrants
8 CFR 103.7 - Waiver of fees
8 CFR 204.11 - Special immigrant status for certain aliens declared dependent on a juvenile court (special immigrant juvenile)
8 CFR 204.13 - How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster?
8 CFR 204.5(m) - Religious workers
8 CFR 245.1(e)(3) - Special immigrant juveniles
8 CFR 245.2(a) - Application for adjustment of status
8 CFR 245.6 - Interviews for adjustment of status
8 CFR 245.8 - Adjustment of status as a special immigrant under section INA 101(a)(27)(K) of the Act
8 CFR 264.2 - Application for creation of record of permanent residence
9 FAM 503.3-2 - Determining priority dates
INA 101(a)(27) - Definitions of certain special immigrants
INA 101(a)(27)(C) - Certain ministers and religious workers
INA 101(a)(27)(D) - Certain employees or former employees of U.S. government abroad
INA 101(a)(27)(E), INA 101(a)(27)(F), and INA 101(a)(27)(G) - Employees of Panama Canal Company or Canal Zone government
INA 101(a)(27)(H) - Special immigrant physicians
INA 101(a)(27)(I) - Certain employees of international organizations
INA 101(a)(27)(J), 8 CFR 204.11 - Special immigrant juveniles
INA 101(a)(27)(K) - Certain armed forces members
INA 101(a)(27)(L) - Certain employees of international organizations
INA 101(a)(27)(M) - Broadcaster for International Broadcasting Bureau of Broadcasting Board of Governors or grantee
INA 101(a)(42) - Definition of refugee
INA 203(b)(4) - Certain special immigrants
INA 204(l) - Surviving relative consideration for certain petitions and applications
INA 208(c)(2) - Termination of asylum
INA 212(e) - Educational visitor status; foreign residence requirement and waiver
INA 213A - Requirements for sponsor's affidavit of support
INA 237(a) - Deportable aliens; classes of deportable aliens
INA 245(a) - Adjustment of status
INA 245(c) - Bars to adjustment of status
INA 245(g) - Parole provision for special immigrant armed forces members seeking adjustment of status
INA 245(h) - Adjustment of special immigrant juveniles
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 291 - Burden of proof
Pub. L. 101-649 - Section 153 of the Immigration Act of 1990 (IMMACT 90) - special immigrant status for certain aliens declared dependent on a juvenile court
Pub. L. 102-110 - Armed Forces Immigration Adjustment Act of 1991
Pub. L. 102-232 - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991
- Pub. L. 105-119 - Section 113 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1998
Pub. L. 109-163 - Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, as amended – Special immigrant status for persons serving as translators with U.S. armed forces
Pub. L. 110-181 - Section 1244 of the National Defense Authorization Act for Fiscal Year 2008, as amended – Special immigrant status for certain Iraqis
Pub. L. 110-457 - Section 235(d) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) - Permanent protection for certain at-risk children
Pub. L. 96-212 - Refugee Act of 1980
Forms
31- G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
- AR-11, Change of Address
- I-765, Application for Employment Authorization
- G-1256, Declaration for Interpreted USCIS Interview
- G-325A, Biographic Information
- I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
- I-129, Petition for Nonimmigrant Worker
- I-129F, Petition for Alien Fiancé(e)
- I-130, Petition for Alien Relative
- I-140, Immigrant Petition for Alien Worker
- I-290B, Notice of Appeal or Motion
- I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- I-485 Supplement A, Adjustment of Status Under Section 245(i)
- I-485, Application to Register Permanent Residence or Adjust Status
- I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities
- I-508F, Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities for French Nationals
- I-526, Immigrant Petition by Alien Entrepreneur
- I-539, Application to Extend/Change Nonimmigrant Status
- I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status
- I-589, Application for Asylum or Withholding of Removal
- I-601, Application for Waiver of Grounds of Inadmissibility
- I-602, Application by Refugee for Waiver of Grounds of Excludability
- I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)
- I-693, Report of Medical Examination and Vaccination Record
- I-730, Refugee/Asylee Relative Petition
- I-864, Affidavit of Support Under Section 213A of the INA
- I-864A, Contract Between Sponsor and Household Member
- I-864EZ, Affidavit of Support Under Section 213A of the INA
- I-864P, Poverty Guidelines
- I-864W, Intending Immigrant's Affidavit of Support Exemption
- I-912, Request for Fee Waiver
