Adjudicator's Field Manual, USCIS, Redacted Public Version- Updated Through June 18, 2007

Table of Contents

Appendices

Transmittal Memoranda

Immigrants and Other Permanent or Semi-Permanent Classifications.
Chapter 20	Immigrants in General.
20.1	Numerical Limitations and the Visa Bulletin
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
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
Chapter 23	Adjustment of Status to Lawful Permanent Resident.
23.1	Prior Law and Historical Background.
23.2	General Adjustment of Status Issues
23.3	Medical Examinations.
23.4	Presumption of Lawful Admission and Creation of Record under 8 CFR 101

23.5	Adjustment of Status under Section 245 of the Act
23.6	Refugee and Asylee Adjustment under Section 209 of the Act
23.7	Registration of Lawful Permanent Residence under Section 249 of the Act
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
Chapter 24	Legalization.
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)
Chapter 26	Rescission of Adjustment to Lawful Permanent Resident Status.
26.1	Adjudication Issues.
26.2	Adjudication Procedures.

III. Nonimmigrants and Other Temporary Status Aliens

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)
31.6	Trainees (H-3)
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	Information Media Representatives
34.5	Religious Occupation-Based Nonimmigrants
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	[Reserved]
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

IV. Waivers and Related Matters

Chapter 41	Waiver of Excludability for Immigrants.
41.3	Waiver of Medical Grounds of Inadmissibility.
41.6	Waivers of Inadmissibility for Refugees and Asylees.
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.

Nationality and Naturalization

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 15-2 Non-Adversarial Interview Techniques 15-3 SRMT Search Request Form 16-1 USCIS Forms - FD-258 Requirements 20-1 The New Affidavit Of Support 21-1 List of States Recognizing Common Law Marriages and Their Requirements 21-2 Orphan Case Related Cables to Consulates 21-3 American Associations of Blood Banks 21-4 U.S. Public Law 108-136 (National Defense Authorization Act for Fiscal Year 2004), Sec. 1701. Requirements for Naturalization through Service in the Armed Forces of the United States 21-5 U.S. Department of Defense, U.S. Department of Veterans Affairs, and U.S. Coast Guard Points-of-Contact for Public Law 108-136 (National Defense Authorization Act for Fiscal Year 2004) 21-6 Adam Walsh Child Protection and Safety Act of 2006 22-1 Educational and Experience Requirements for Employment-Based Second Preference (EB-2) Immigrants 23-1 Civil Surgeon List 23-2 Nicaraguan Nationality Requirements 23-3 Haitian Nationality Requirements 23-4 Text of Commissioner's Memorandum on Eligibility for Permanent Residence under the Cuban Adjustment Act Despite Having Arrived at a Place Other than a Designated Port of Entry 23-5 Basic Sworn Statement for Section 13 Cases 23-6 Matter of Buschini 25-1 Frequently Asked Questions About Form I-829 25-2 Sample NTA for Terminated Immigrant Investor 25-3 Points of Contact for EB-5 Cases 25-4 Model Notices to Appear (NTAs) 30-1 [Reserved] 31-1 List of Occupational Categories for H, J and L Nonimmigrants 31-2 [Reserved] 31-3 Request for Evidence Checklist for H-1B Petitions 31-4 Special Filing Situations Under the H Classifications 32-1 Interpretation of Specialized Knowledge 33-1 List of Organizations which Provide Consultations for O and P Petitions 35-1 Visa Class Change for Aktion Sühnezeichen Friedensdienste (ASF) or Action Reconciliation Service for Peace 41-1 Guidance Regarding Waivers for HIV+ Refugees 41-2 CDC Form For Applicants with HIV Infection 41-3 Headquarters Program Responsibility For Nonimmigrant Waivers of Inadmissibility 41-4 Instructions from CDC to Civil Surgeons on Widespread Unavailability of Certain Vaccines 43-1 Guide to Requirement of Consent to Reapply for Admission to the U.S. After Deportation or Removal 45-1 Addendum to Section 212(e) Waiver Approvals 51-1 Form I-551, Permanent Resident Card, Renewal Policy and Procedure - Final Phase; Process for I-90s 55-2 Letter from Department of Defense on Employment of NATO Member Dependents 55-3 Issuance of Employment Authorization Cards to Asylees and Refugees As Part of the Border Security Act 71-1 Nationality Chart # 1 - Children Born Outside U.S. in Wedlock 71-2 Nationality Chart # 2 - Children Born Outside U.S. out of Wedlock 71-3 Nationality Chart # 3 - Derivative Citizenship of Children 71-4 Nationality Chart # 4 - Section 322: Natural or Adoptive Child of a U.S. Citizen 71-5 Stipulations 71-6 Prior Laws Affecting Citizenship Claims 71-7 Implementation Instructions for Title I of the Child Citizenship Act of 2000 71-8 Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants Pursuant to INA 322 71-9 Processing Worksheet for N-600 Cases 72-1 NQP4 Procedures 72-2 N-400 Processing Worksheets Clarifications 72-3 Naturalization File Transfer Procedures 72-4 File Transfer Procedures Federal Record Center POC Listing 72-5 Form FD-258 Fingerprint Card - Instructions for N-400 Form FD-258 Processing 72-6 Sample Sworn Statement Regarding Fingerprint Waivers Due to Age or 2nd Rejection by FBI 72-7 Sample Sworn Statement Regarding Missing Alien Registration Card 72-8 Sample Sworn Statement Regarding Cases Involving T Files 72-12 Complete File Review Implementation 72-13 Disability Naturalization Applications 72-15 Effect of Failure to Register for Selective Service on Eligibility for Naturalization 72-16 Processing N-400s with Updated or Expired FD-258 Control Numbers 72-18 Guidance on the Acceptance and Handling of FD-258 Fingerprint Cards 72-19 Faciliated Military Service Member Naturalization 72-20 Scheduling Military N-400 Cases 72-21 Military G-325B Processing 72-22 Policy Regarding Section 334 of the INA 73-1 Citizenship Education and Naturalization Information 73-2 Text of USCIS Booklet M-289 73-3 U. S. Government Structure 73-4 U. S. Government Structure Level I 74-6 [Reserved] 74-7 Corrections to A Guide to Naturalization and the Effect of Failure to Register for Selective Service on Naturalization Eligibility 74-8 Relating to False Claims to US Citizenship 74-9 Legal Consequences of Voting by an Alien Prior to Naturalization 74-10 Voter Registration and Standardized Date Citizenship Testing 74-11 Institution of Deportation Proceedings: Legalization or SAW Applicants; Naturalization of Persons Who Filed Fraudulent Legalization or SAW Applications 74-13 Continuity of Residence for Naturalization Purposes 74-14 Recent General Counsel Opinions Affecting Eligibility for Naturalization 74-15 Implementation Instructions for the Amended Version of the Hmong Veterans’ Naturalization Act of 2000 74-16 IRS Form 2555 74-17 IRS Publication 54, Chapter 54 74-18 IRS Earned Income Credit Worksheet 74-19 1991 Version of Form N-400 74-20 Update of the Implementation Instructions for Title I of the Child Citizenship Act of 2000, Public Law 106-395 (CCA) 74-21 Guidance on Making the Naturalization Process Accessible to Applicants with Disabilities 74-22 Use of Adjudication Officer's Full Name and Signature on Official Immigration Documents 74-23 NQP Compliance for Cases Requiring Special Handling 74-24 Form N-470: Application to Preserve Residence for Naturalization Purposes (Under Section 316(b) or 317 of the Act) 74-25 Instructions Regarding the Expanded Meaning of Section 319(a) 75-1 Instructions Regarding the Use of Naturalization Quality Procedures (NQP) Attachment #4 75-2 The Attorney General's Model Plan 75-3 Universal Distribution of President’s Letter 75-4 Guidelines for Voter Registration at Naturalization Ceremonies	Adjudicator Actions