\ afm \ Adjudicator's Field Manual - Redacted Public Version








Adjudicator’s Field Manual: Table of Contents


Chapter 1   Organization and Content of the Adjudicator's Field Manual.  
1.1   Purpose, Content and Organization of the Manual .  


AFM Chapter 2, Customer Service, has been superseded by
USCIS Policy Manual, Volume 1: General Policies and Procedures as of August 26, 2014.

     
Chapter 3   Mission and Functions of Adjudications.  
3.1   Terminology  
3.2   Mission Statement  
3.3   The Chain of Command  
3.4   Adherence to USCIS Policy  
3.5   Roles of Headquarters, Regions and Field Organizations  
3.6   Roles and Functions of Related USCIS and DHS Branches  
3.7   Adjudications Working Groups  
3.8   Reporting Incidents  
3.9   Hostage Situations  
  
Chapter 4   Career Information.  
4.1   Position Descriptions for Selected Jobs  
4.2   Training and Professional Development  
4.3   The Workplace Environment  
4.4   Uniforms, Badges and Credentials  
4.5   Immigration Information Officer Uniform Standards  
4.6   Fraud Detection and National Security Position Descriptions (FDNS)  
  
  I. General Policies and Procedures  
Chapter 10   An Overview of the Adjudication Process.  
10.1   Receipting and Acceptance Processing  
10.2   Record of Proceeding  
10.3   General Adjudication Procedures  
10.4   Transferring Jurisdiction within USCIS  
10.5   Requesting Additional Information  
10.6   Post-Decision Case Actions  
10.7   Preparing Denial Orders  
10.8   Preparing the Appellate Case Record  
10.9   Waiver of Fees  
10.10   Refund of Fees  
10.11   Order of Processing  
10.12   Adjudicator’s Responsibilities under FOIA/Privacy Act  
10.13   Public Copies of Decisions  
10.14   Directed Decisions  
10.15   Exercise of Discretion; Uniformity of Decisions  
10.16   Denial for Lack of Prosecution  
10.17   Motions to Reopen or Reconsider  
10.18   Certification of Decisions  
10.19   Use of Classified Information in Adjudications Decisions [reserved]  
10.20   Adjudications Approval Stamps, Facsimile Stamps and Dry Seals [reserved].  
10.21  Approval of pending immigrant visa petitions, T or U extension applications, asylee/refugee relative petitions, or applications after death of the qualifying relative. [Added 12/16/2010; AD10-51, PM-602-0017).
10.22 Document Issuance Involving Status and Identity for Transgender Individuals. [Added 8/10/2012; AD12-02, PM-602-0061.1].
   
   
Chapter 11   Evidence.  
11.1   Submission of Supporting Documents and Consideration of Evidence  
11.2   Video and Audio Taping  
11.3   Foreign Language Documents and Translations  
11.4   Administration of Oaths  
11.5   Outside Sources and Other USCIS Records  
   
Chapter 12   Attorneys and Other Representatives.  
12.1   Representation before USCIS  
12.2   Appearances before USCIS
12.3   Proper Service of Documents & Notices  
12.4   Interviews  
12.5   Rules of Professional Conduct for Practitioners  
12.6 Role of USCIS District Directors in the Board of Immigration Appeals Recognition and Accreditation Process
       
Chapter 13   [Reserved]  
Chapter 14   Sources of Information / Conducting Research.  
14.1   The Importance of Research  
14.2   Basic Principles of Effective Legal Research  
14.3   Primary Research Sources  
14.4   Decisions of Administrative Appellate Bodies  
14.5   Decisions of Federal Courts  
14.6   Other USCIS and Governmental Resources  
14.7   Supplemental Materials and Non-Governmental Resources  
14.8   USCIS and DHS Databases  
14.9   Internet and Intranet Resources  
14.10   Procedures for Requesting Library of Congress Research  
   
Chapter 15   Interview Techniques.  
15.1   Interview Policies  
15.2   Interview Environment  
15.3   Officer Conduct and Appearance  
15.4   Interview Procedures  
15.5   New York City District Office (“Stokes”) Interviews  
15.6   Sworn Statements  
15.7   Use of Interpreters  
15.8   Role of Attorney or Representative in the Interview Process  
15.9   Videotaping Interviews  
15.10   NSEERS Interviews  
   
Chapter 16   Fingerprinting and Other Agency Background Checks.  
16.1   Taking of Fingerprints by Application Support Centers (ASCs) and DLEAs.  
16.2   Procedures for Forwarding Background Checks to Agencies, Both Routine and Expedited.  
16.3   USCIS Action on Agency Responses and the Process by Which Local, Regional and National Offices Monitor Compliance.  
16.4   Post-audit Procedures.  
   
Chapter 17   Field Immigration Examinations (FIE) Program [(b)(2) or (b)(7)(E)]  
17.1   Purpose and Vision of the FIE Program.  
17.2   Background.  
17.3   Authority.  
17.4   Training  
17.5   Case Assignment  
17.6   Officer Safety  
17.7   Duty Schedules and Overtime Compensation  
17.8   Equipment  
17.9   Surveillance  
17.10   Confidential Informants  
17.11   Reporting Requirements  
   
  II. Immigrants and Other Permanent or Semi-Permanent Classifications.  
Chapter 20   Immigrants in General.  
20.1   Numerical Limitations and the Visa Bulletin, has been superceded by USCIS Policy Manual: Volume 7: Adjustment of Status as of February 25, 2016.  
20.2   Petition Validity  
20.3   Petition Revocation  
20.4   Petition Withdrawal  
20.5   Enforceable Affidavits of Support  
   
Chapter 21   Family-based Petitions and Applications.  
21.1   General Information About Relative Visa Petitions  
21.2   Factors Common to the Adjudication of All Relative Petitions  
21.3   Petition for a Spouse  
21.4   Petition for a Child, Son, or Daughter  
21.5   Petition for an Orphan  
21.6   Petition for a Hague Convention Adoption [Reseved]  
21.7   Petition for an Amerasian  
21.8   Petition for a Parent  
21.9   Petition for a Sibling  
21.10   Refugee/Asylee Relative Petition  
21.11   Petition for Spouse, Child, or Parent of Certain Deceased U.S. Armed Forces Members  
21.12   Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative  
21.13   [Reserved]  
21.14   Self Petitions by Abused Spouses, Children, and Parents  
21.15   Self Petitions by Parents of U.S. Citizens  
   
Chapter 22   Employment-Based Petitions, Entrepreneurs and Special Immigrants.  
22.1   Prior Law and Historical Background  
22.2   Employment-based Petitions (Forms I-140)  
22.3   Special Immigrant Cases  
22.4   Employment Creation Entrepreneur Cases, has been superseded by USCIS Policy Manual, Volume 6: Immigrants as of November 30, 2016.  
   
Chapter 23   Adjustment of Status to Lawful Permanent Resident.  
23.1   Prior Law and Historical Background, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016.  
23.2   General Adjustment of Status Issues, has been superceded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016.  
23.3   [Reserved] Chapter 23.3, Reserved, has been superceded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2015.  
23.4   Presumption of Lawful Admission and Creation of Record under 8 CFR 101, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016.  
23.5   Adjustment of Status under Section 245 of the Act has been partially superceded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016.
 
23.6   Refugee and Asylee Adjustment under Section 209 of the Act, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of March 4, 2014.  
23.7   Registration of Lawful Permanent Residence under Section 249 of the Act, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016.  
23.8   Section 289 Cases  
23.9   Section 7 of the Central Intelligence Agency Act of 1949 Cases  
23.10   Adjustment of Status under Section 13 of the Act of September 11, 1957 (8 U.S.C. 1255b)  
23.11   Cuban Adjustment Act Cases  
23.12   Adjustment of Status under NACARA (sec. 202 of Pub L 105-100)  
23.13   Adjustment of Status under HRIFA (sec. 902 of Pub L 105-277)  
23.14   Adjustment of Status for Certain Syrian Nationals Granted Asylum  
 
24.1   Historical Background  
24.2   Legalization under Section 245a of the Act  
24.3   Special Agricultural Worker (SAW) and Replacement Agricultural Worker (RAW) Programs  
24.4   Family Unity Program  
24.5   Legalization Provisions of the LIFE Act.  
24.6   LIFE Act Family Unity Provisions  
 
Chapter 25   Petitions for Removal of Conditions on Conditional Residence.  
25.1   Immigration Marriage Fraud Amendments of 1986 (Form I-751)  
25.2   Entrepreneurs (Form I-829), has been superseded by USCIS Policy Manual, Volume 6: Immigrants as of November 30, 2016  
 
Chapter 26   Rescission of Adjustment to Lawful Permanent Resident Status.  
26.1   Adjudication Issues.  
26.2   Adjudication Procedures.  
 
 
Chapter 30   Nonimmigrants in General.
30.1   Maintaining Status  
30.2   Extension of Stay for Nonimmigrants  
30.3   Change of Nonimmigrant Status Under Section 248 INA  
30.4   Replacement of Arrival-Departure Records  
30.5   Status as a Foreign Government Official or Employee of an International Organization  
30.6   Extensions of Stay for Certain A and G Nonimmigrants  
30.7   Unauthorized Employment and Other Incidents Involving A or G Nonimmigrants  
30.8   Affidavits of Support for Nonimmigrants  
30.9   Geographically Restricted Nonimmigrants  
30.10   Termination of Approval (Revocation of Approval of Petition)  
30.11   Adjustment of Status to Nonimmigrant  
30.12   Nonimmigrant Health Care Workers  
   
Chapter 31   Petitions for Temporary Workers (H Classifications).  
31.1   Background  
31.2   General Requirements for H Petitions  
31.3   H1-B Classification and Documentary Requirements  
31.4   Agricultural Workers (H-2A)  
31.5   Temporary Service or Labor Workers (H-2B)  

Chapter 31.6 Trainees (H-3) has been superseded by
USCIS Policy Manual, Volume 2: Nonimmigrants as of September 9, 2014.

31.7   Nurses (H-1C)  
31.8   Strikes and Lockouts Involving H Petition Beneficiaries  
31.9   Dependents  
   
Chapter 32   Petitions for Intracompany Transferees (L Classification).  
32.1   Background  
32.2   Terminology  
32.3   Individual L Petition Process  
32.4   Blanket Petition Process  
32.5   Individual Eligibility under Blanket Petitions  
32.6   Technical Issues  
   
Chapter 33   Petitions for Artists, Entertainers, Athletes and Others of Extraordinary Ability or Achievement (O & P Classifications).  
33.1   Background  
33.2   Terminology  
33.3   Consultation Requirements and Procedures  
33.4   Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics, and Accompanying Aliens (O-1 and O-2)  
33.5   Internationally Recognized Athletes and Entertainers (P-1)  
33.6   Reciprocal Exchange Artists and Entertainers (P-2)  
33.7   Culturally Unique Artists and Entertainers (P-3)  
33.8   Expedite Procedures  
33.9   Technical Issues  
33.10   Special Agreements  
   
Chapter 34   Other Employment Authorized Nonimmigrants (E, I & R Classifications).  
34.1   Background  
34.2   Treaty Traders  
34.3   Treaty Investors  
34.4   Representatives of Information Media has been superseded by Volume 2, Part K: Media Representatives as of November 10, 2015.  
34.5   Nonimmigrant Aliens Employed in Religious Occupations (Revised 1/15/2009; AD08-09)  
34.6   E-3 Specialty Occupation Workers  
   
Chapter 35   Students and Exchange Visitors (F, J, M & Q); School Approvals.[Reserved. Undergoing major revision]  
   
Chapter 36   Commonwealth of the Northern Mariana Islands  
36.1   Reserved  
36.2   Parole and Other Benefits for Certain Aliens in the CNMI [Chapter 36.2 added 11-24-2009]  
36.3   Adjudication of Adjustment of Status Applications from Aliens Present in the Commonwealth of the Northern Mariana Islands (CNMI) after November 28, 2009. [Chapter 36.3 added 12-15-2010; PM-602-0013, AD10-19]
36.4   Waivers of Inadmissibility and Grants of Status for Certain Aliens Seeking Nonimmigrant Status in the Commonwealth of the Northern Mariana Islands (CNMI) [Chapter 36.3 added 12/14/2010; PM-602-0012, AD11-12]
36.5   Reserved  
36.6   Reserved  
36.7   Reserved  
36.8   Classification of Aliens under Section 101(a)(15)(L) and 203(b)(1)(C)  
   
Chapter 37   Nonimmigrants Intending to Adjust Status (K and V Classifications).  
37.1   Reserved (undergoing revision as 05-10-2006)  
37.2   Reserved (undergoing revision as 05-10-2006)  
37.3   Reserved (undergoing revision as 05-10-2006)  
37.4   Provisions for the V Nonimmigrant Classification  
   
Chapter 38   Temporary Protected Status and Deferred Enforced Departure.  
38.1   Temporary Protected Status  
38.2   Deferred Enforced Departure  
   
Chapter 39   Victims of Trafficking in Persons and other Crimes  
39.1   U Immigrants [Chapter added AD08-12; 03-07-2008]  
39.2   T Immigrants  
   

Chapter 40   Grounds of Inadmissibility under Section 212(a) of the Immigration and Nationality Act  
40.1   Health Related Grounds of Inadmissibility and Medical Examination, has been superseded by USCIS Policy Manual, Volume 8, Part B: Health-Related Grounds of Inadmissibilityas of January 28, 2014.  
40.2   Section 212(a)(2) of the Act - Criminal and Related Grounds [Reserved]  
40.3   Section 212(a)(3) of the Act - Security and Related Grounds [Reserved]  
40.4   Section 212(a)(4) of the Act - Public Charge [Reserved]  
40.5   Section 212(a)(5) of the Act - Labor Certification and Qualifications for Certain Immigrants [Reserved]  
40.6   Section 212(a)(6) of the Act - Illegal Entrants and Immigration Violators  

Chapter 40.6.2(c)(1), Section 212(a)(6)(C)(i) of the Act: Fraud or Misrepresentation, has been superseded by USCIS Policy Manual, Volume 8: Admissibility and Volume 9: Waivers as of March 25, 2014.    
Chapter 40.6.2(c)(2), Section 212(a)(6)(C)(ii)(I) of the Act: Falsely Claiming Citizenship, has been superseded by USCIS Policy Manual, Volume 8: Admissibility as of December 14, 2016.  
   
40.7   Section 212(a)(7) of the Act - Documentation Requirements [Reserved]  
40.8   Section 212(a)(8) of the Act - Ineligible for Citizenship [Reserved]  
40.9   Section 212(a)(9) of the Act - Aliens Unlawfully Present after Previous Immigration Violations [Chapter 40.9 Added 05-06-2009]  
40.9.1   Inadmissibility Based on Prior Removal (Section 212(a)(9)(A) of the Act) or Based on Unlawful Return after Prior Removal (Section 212(a)(9)(C)(i)(II) of the Act) [Reserved]  
40.9.2   Inadmissibility Based on Prior Unlawful Presence (Sections 212(a)(9)(B) and (C)(i)(I) of the Act)  
40.10   Section 212(a)(10) of the Act - Miscellaneous [Reserved]  
   
Chapter 41   Waiver of Excludability for Immigrants.  
41.3   Waiver of Medical Grounds of Inadmissibility, has been superseded by USCIS Policy Manual, Volume 9, Part C: Waivers for Health-Related Grounds of Inadmissibility as of January 28, 2014.  
41.6   Waivers of Inadmissibility for Refugees and Asylees.  
41.7 Expeditious Adjudication of Waivers of Inadmissibility [Chapter 41.7 Added 5/9/2011]
   
Chapter 42.   Application for Advance Permission to Enter as a Nonimmigrant.  
   
Chapter 43   Consent to Reapply After Deportation or Removal.  
43.1   General.  
43.2   Adjudication Process.  
   
Chapter 44   [Reserved]  
   
Chapter 45   Waiver of Section 212(e) Foreign Residence Requirement.  
45.1   Background  
45.2   General Considerations  
45.3   Waiver Based on Exceptional Hardship to USC or LPR Spouse or Child.  
45.4   Waiver Based on a Claim of Persecution  
45.5   Waiver Based on a “No Objection” Letter  
45.6   Waiver Based on a Request by a U.S. Government Agency, Not Involving a Foreign Medical Graduate  
45.7   Waiver Based on Employment with a Designated Health Facility or Health Care Organization, or Federal Agency Involved in Medical Research or Training under Section 214(l) of the Act.  
   
  V. Travel and Identity Documents  
   
Chapter 51   Application to Replace Permanent Resident Card.  
51.1   Historical Information.  
51.2   Adjudication and Production Processes and Issues.  
51.3   Form I-551 Renewal Policy and Procedure.  
51.4   Naming Conventions; Use of Full Legal Name on All USCIS Issued Documents.  
   
Chapter 52   Reentry Permits.  
52.1   General  
52.2   Filing and Receipting Procedures.  
52.3   Adjudication  
52.4   Production and Delivery.  
   
Chapter 53   Refugee Travel Documents.  
53.1   Background  
53.2   Filing and Receipting Procedures  
53.3   Adjudication  
53.4   Production and Delivery  
53.5   Special Considerations  
   
Chapter 54   Advance Parole Documents and Boarding Letters.  
54.1   Background.  
54.2   Filing and Receipting Procedures.  
54.3   Adjudication  
54.4   Special Considerations  
   
Chapter 55   Employment Authorization Documents.[Reserved. Undergoing major revision]  
   
Chapter 56   Other USCIS and DHS Documents.  
56.1   Replacement of Nonimmigrant Arrival/Departure Record.  
56.2   USC ID Cards.  
56.3   Kickapoo Cards.  
56.4   North American Indians Born in Canada.  
   
  VI. Bonds and Fines  
   
Chapter 61   Bonds.  
61.1   Posting, Cancellation and Breaching of Public Charge Bonds.  
61.2   Posting, Cancellation and Breaching of Maintenance of Status Bonds.  
   
Chapter 62   Fines and Liquidated Damages  
   
  VII. Nationality and Naturalization  


Please be aware that the Adjudicators Field Manual (AFM) Chapters 71 to 76 and Appendices 71-1 to 75-7 have been superseded by USCIS Policy Manual, Volume 12: Citizenship & Naturalization as of January 22, 2013.

   
Chapter 71   Citizenship.  
71.1   Acquisition and Derivation  
   
Chapter 72   Processes/Procedures for Conducting Naturalization Interviews.  
72.1   Overview of the Examination Process  
72.2   Examination Preparation  
72.3   Decision Process  
   
Chapter 73   The Eligibility Requirements for Naturalization.  
73.1   Lawfully Admitted for Permanent Residence  
73.2   [Reserved]  
73.3   Continuity of Residence  
73.4   Jurisdiction  
73.5   Physical Presence  
73.6   Good Moral Character  
73.7   Attachment to the Constitution  
73.8   English and Civics  
   
Chapter 74   Examination of Form N-400.  
74.1   General Information and Introduction to Form N-400  
74.2   Part-by-Part Discussion of Form N-400 Data  
74.3   Closing Actions  
   
Chapter 75   The Oath of Naturalization.  
75.1   The Oath  
75.2   The Oath Ceremony  
75.3   Ceremony-Related Issues  
   
Chapter 76   Denaturalization.  
76.1   General  
76.2   Adjudicator Actions  
   
  VIII. Managing the Adjudications Program  
   
Chapter 81   Statistical Reports; Adjudications Recordkeeping.  
81.1   Work Measurement Procedures.  
81.2   Using Statistical Information.  
   
Chapter 82   Management Techniques .  
   
Chapter 83   Liaison  
83.1   Liaison with Other Government Agencies and Other Entities.  
83.2   [Reserved]  
83.3   [Reserved]  
83.4   Designation and Revocation of Civil Surgeons, has been superseded by USCIS Policy Manual, Volume 8, Part C: Civil Surgeon Designation & Revocation as of March 11, 2014.  
   
   





\ afm \ Adjudicator's Field Manual - Redacted Public Version