Volume 7 - Adjustment of Status

8 CFR 204.12(f) - May a physician practice clinical medicine in a different underserved area?

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 204.4 - Amerasian child of a United States citizen

8 CFR 204.5(e) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(e)(5) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(h) - Aliens with extraordinary ability

8 CFR 204.5(h)(5) - No offer of employment required

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 205.1(a)(3)(iii) - Automatic revocation of petitions under section 203(b)

8 CFR 208.24 - Termination of Asylum

8 CFR 209.1(d) - Adjustment of status of refugees - Interview

8 CFR 209.2(e) - Adjustment of status of alien granted asylum - Interview

8 CFR 240.70 - Decision by the Service

8 CFR 245.1(e)(3) - Special immigrant juveniles

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

8 CFR 245.23(e)(3) - Evidence relating to discretion for adjustment of status in T nonimmigrant classification

8 CFR 245.24(d)(11) - Evidence relating to discretion for adjustment of status in U nonimmigrant status

8 CFR 245.25 - Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment

8 CFR 245.25(a)(2)(ii)(B)(2) - Validity of petition for continued eligibility for adjustment of status

8 CFR 245.25(b) - Definition of same or similar occupational classification

8 CFR 245.6 - Interviews for adjustment of status

8 CFR 245.8 - Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act

8 CFR 246 - Rescission of adjustment of status

8 CFR 264.2 - Application for creation of record of permanent residence

9 FAM 502.1-1(C) - Principal and derivative beneficiaries

9 FAM 502.1-1(D)(4) - Calculation of CSPA Age for Preference Categories and Derivative Petitions

9 FAM 502.6 - Diversity Immigrant Visas

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)(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 101(b)(1) - Definition of child

INA 101(g) - Definition of removal

INA 201(e) - Worldwide level of diversity immigrants

INA 201(f) - Rules for determining whether certain aliens are immediate relatives

INA 202(b) - Rules for chargeability

INA 203(b) - Preference allocation for employment-based immigrants

INA 203(b)(4) - Certain special immigrants

INA 203(h) - Rules for determining whether certain aliens are children

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 204(f) - Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982

INA 204(j) - Job flexibility for long delayed applicants for adjustment of status to permanent residence

INA 204(l) - Surviving relative consideration for certain petitions and applications

INA 207(c)(2)(B) - Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse, or child

INA 207, 8 CFR 207 - Annual admission of refugees and admission of emergency situation refugees

INA 208(b)(3)(B) - Continued classification of certain aliens as children

INA 208(c)(2) - Termination of asylum

INA 209(a)(1) - Inspection and examination by Department of Homeland Security

INA 209, 8 CFR 209 - Adjustment of status of refugees and asylees

INA 210, 8 CFR 210 - Special agricultural workers

INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission

INA 212(e) - Educational visitor status; foreign residence requirement and waiver

INA 213A, 8 CFR 213a - Requirements for sponsor's declaration of financial support

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

INA 214(l) - Restrictions on waiver

INA 214(p), 8 CFR 214.14 - 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 237(a) - Deportable aliens; classes of deportable aliens

INA 240A - Cancellation of removal; adjustment of status

INA 244, 8 CFR 244 - Temporary protected status

INA 245(a) - Adjustment of status

INA 245(b) - Record of lawful admission for permanent residence; reduction of preference visas

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 245, 8 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

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 249, 8 CFR 249 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

INA 291 - Burden of proof upon alien

INA 340 - Revocation of naturalization

Pub. L. 100-202 (PDF) - The Amerasian Homecoming Act of 1987

Pub. L. 100-658 (PDF) - Immigration Amendments of 1988

Pub. L. 101-649 (PDF) - 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 (PDF) - Armed Forces Immigration Adjustment Act of 1991

Pub. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991

Pub. L. 105-119 (PDF) - Section 113 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1998

Pub. L. 106-313 (PDF) - Section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (Oct. 17, 2000) Increased job flexibility for long delayed applicants for adjustment of status

Pub. L. 107-208 (PDF) - Child Status Protection Act

Pub. L. 107-273 (PDF) - Section 11030A of the 21st Century Department of Justice Appropriations Authorization Act (Nov. 2, 2002) Extension of H-1B status for aliens with lengthy adjudications

Pub. L. 109-163 (PDF) - 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 (PDF) - Section 1244 of the National Defense Authorization Act for Fiscal Year 2008, as amended – Special immigrant status for certain Iraqis

Pub. L. 110-457 (PDF) - Section 235(d) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) - Permanent protection for certain at-risk children

Pub. L. 116-260 - Section 7034 of the Consolidated Appropriations Act for Fiscal Year 2021

Pub. L. 116-283 (PDF) - Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA) - Workforce issues for military realignments in the Pacific

Pub. L. 116-92 (PDF) - Section 7611 of the National Defense Authorization Act for Fiscal Year 2020

Pub. L. 97-359 - The Amerasian Act of 1982

Pub. L. 99-603 (PDF) - Immigration Reform and Control Act of 1986

Appendices

No appendices available at this time.

Updates

U.S. Citizenship and Immigration Services (USCIS) is issuing updated policy guidance in the USCIS Policy Manual addressing adjustment of status based on the Diversity Immigrant Visa. This policy update consolidates, updates, and supersedes Chapter 23.5(h) of the Adjudicator's Field Manual (AFM), related AFM appendices, and related policy memoranda. This update is not intended to change existing policy or create new policy.

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations.

This technical update to Volume 7 removes an alert box that was superseded by the Policy Manual update on October 6, 2022. This technical update also removes “EB-4" from the title of Volume 7, Part F and makes related conforming edits.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age in certain situations.

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the applicability of the 1-year physical presence requirement for refugees and asylees applying for adjustment of status.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan special immigrant visa (SIV) petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations Act of 2021.

POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to address the proper mechanism for authorizing travel by temporary protected status (TPS) beneficiaries, and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to incorporate changes from the Special Immigrant Juvenile Petitions Final Rule (SIJ Final Rule), including updated citations, new definitions, and clarifications.

This technical update to Volume 7 removes specific information about where to submit requests to transfer the underlying basis of a pending adjustment application and instead points readers to the instructions for requesting a transfer of basis on the USCIS website.

POLICY ALERT - Evidence Supporting Liberian Refugee Immigration Fairness-Based Adjustment of Status Applications

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify what steps applicants must take if they are not able to submit primary evidence of Liberian nationality to support an application for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law.

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding interview criteria for asylee and refugee adjustment of status applicants.

Technical Update - Adding References to the EB-5 Visa Program in Child Status Protection Act Guidance

This technical update to Volume 7 includes references to the EB-5 visa program and Form I-526, Immigrant Petition by Alien Investor, and clarifications regarding the Child Status Protection Act eligibility of derivative applicants of the VAWA-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.

This technical update to Volume 7 clarifies what evidence an applicant may submit to establish Liberian nationality when applying for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) law. It includes examples of secondary evidence that could support an applicant’s claim of Liberian nationality, as part of the totality of the evidence.

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 Chapter 21.7 of the AFM, related appendices, and policy memoranda.

Technical Update - Program Extension and Visa Numbers for Special Immigrant Visas for Afghans Who Were Employed by or on Behalf of the U.S. Government

This technical update directs readers to visit the USCIS webpage for the latest information on Special Immigrant Visa (SIV) program extensions and visa numbers for Afghans who were employed by or on behalf of the U.S. Government.

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, 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”].

Technical Update - Updating Filing Deadline for Liberian Refugee Immigration Fairness Adjustment of Status Applications

This technical update to Volume 7 adjusts the filing deadline for Liberian Refugee Immigration Fairness (LRIF) adjustment of status applications to December 20, 2021, to reflect an extension by Congress.

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment of status applicants.

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 Chapter 23.5(c) of the AFM, related appendices, and policy memoranda.

U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain beneficiaries of employment-based immigrant petitions after they have applied to adjust status.

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA), to include how USCIS calculates age under certain contexts and what actions satisfy the “sought to acquire” requirement.

POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).

This technical update clarifies how applicants and petitioners may request relief under INA 204(l).

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

POLICY ALERT - Clarifying Procedures for Terminating Asylum Status in Relation to Consideration of an Application for Adjustment of Status

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify the procedures USCIS officers follow when termination of asylum status is considered in relation to adjudicating an asylum-based adjustment of status application.

This technical update provides clarification on the 2-year foreign residence requirement for certain exchange visitors subject to INA 212(e).

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.

This technical update removes references to Form I-508F, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. French nationals are covered by a special convention between France and the United States. Previously, French nationals were required to submit both Form I-508 and Form I-508F to USCIS. The 11/08/19 form edition combines information from both forms. Therefore, French nationals are now only required to submit Form I-508.

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, 322.9 KB) between the AFM and the Policy Manual.