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USCIS Policy Alert: Comprehensive Citizenship and Naturalization Policy Guidance

"This guidance, contained in Volume 12 of the Policy Manual , replaces the naturalization and citizenship policy guidance found in Chapters 71, 72, 73, 74, 75 and 76 of the Adjudicator’s Field Manual (AFM), the AFM’s related appendices, and policy memoranda. Where conflicts exist, this...

USCIS EB-5 Adjudications Policy: May 30, 2013

"The purpose of this policy memorandum (PM) is to build upon prior policy guidance for adjudicating EB-5 applications and petitions. Prior policy guidance, to the extent it does not conflict with this PM, remains valid unless and until rescinded." - USCIS, May 30, 2013 .

USCIS Liberalizes Criteria for Determining Habitual Residence in Some Hague Convention Adoption Cases

"Under the Immigration and Nationality Act (“INA”), there are three ways that adopted children can qualify as the children of a U.S. citizen parent for purposes of acquiring lawful permanent resident status, and generally derivative U.S. citizen status, through that adoptive parent....

USCIS Issues New Policy on Form I-693

"Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. Applicants must also submit Form I-693 to USCIS within one year of the immigration medical examination. USCIS...

USCIS Policy Alert: Changes to Dates of Birth and Names on Certificates of Citizenship

"U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual relating to changes of dates of birth and names per court orders. Background USCIS recognizes that the dates of birth of children born abroad are not always accurately recorded in the countries...

USCIS Expands Definitions of “Mother” and “Parent” to Include Gestational Mothers Using ART

"USCIS issued a new policy ( PA-2014-009 ) clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology regardless of whether they are the genetic mothers. USCIS and...

USCIS Policy Memo: DNA Evidence of Sibling Relationships

October 17, 2014 PM-602-0106 DNA Evidence of Sibling Relationships for Service Centers, Domestic and International Field Offices "This policy memorandum (PM) articulates USCIS policy on acceptance of DNA evidence in support of sibling relationships. This PM revises Adjudicator’s Field...

Implementation of the Settlement Agreement in Duran Gonzalez: USCIS Policy Memo, Jan. 31, 2015

"This policy memorandum (PM) ensures the consistent implementation of the Settlement Agreement based on Duran Gonzalez, et al. v. Department of Homeland Security, et al., and amends all earlier memoranda on this subject, including the May 19, 2009, memorandum. This guidance only applies to certain...

USCIS Clarifies Eligibility Requirements for Modifications to the Oath of Allegiance

"Effective July 21, 2015, new guidance ( PA-2015-001 ) in the USCIS Policy Manual clarifies the eligibility requirements for modifications to the Oath of Allegiance . Reciting the Oath is part of the naturalization process. Candidates for citizenship normally declare that they will “bear...

USCIS Issues Guidance on Adjustment of Status Policies and Procedures

USCIS, Feb. 25, 2016 - "Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA)...

USCIS MAVNI Update (Aug. 3, 2016)

USCIS, Aug. 3, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program. This update incorporates currently...

USCIS Policy Alert - Determining Extreme Hardship

USCIS, Oct 21, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This final guidance is adopted after publication of draft...

USCIS Policy Memo: The Role and Use of Interpreters in Domestic Field Office Interviews (Jan. 17, 2017)

USCIS, Jan. 17, 2017 - "To advance consistent standards for interpretation in interviews conducted by U.S. Citizenship and Immigration Services (USCIS), this Policy Memorandum (PM) provides guidance regarding the role and use of interpreters in certain interviews conducted in USCIS domestic field...

USCIS Policy Memo: Change of Gender Designation on USCIS Documents (Jan. 19, 2017)

USCIS, Jan. 19, 2017 - "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) update U.S. Citizenship and Immigration Services (USCIS) policy regarding procedures and requirements to change the gender designation on a USCIS-issued document."

USCIS H-1B Memo on Computer-Related Positions (Mar. 31, 2017)

USCIS, Mar. 31, 2017 - "This policy memorandum (PM) supersedes and rescinds the December 22, 2000 memorandum titled “Guidance memo on H1B computer related positions” issued to Nebraska Service Center (NSC) employees by Terry Way."

USCIS Naturalization Policy Update: Biometrics for All

USCIS, July 26, 2017 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical...

USCIS Policy Memo on ACWIA Fee (Aug. 9, 2017; released Aug. 28, 2017)

USCIS, Aug. 9, 2017 - "When determining the appropriate amount of the ACWIA fee, officers should count FTE employees of the petitioning employer and the petitioning employer’s affiliates and subsidiaries, as those terms are defined at 8 CFR 214.2(l)(1)(ii)(L)(1)-(2) and 8 CFR 214.2(l)(1)(ii...

USCIS Issues Revised TRIG Hold Guidance (Oct. 19, 2017)

USCIS, Oct. 19, 2017 - "Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases"

USCIS Policy Memo on TN Economists (Nov. 20, 2017)

USCIS, Nov. 20, 2017 - "This policy memorandum (PM) clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist. Activities that constitute a broad range of other professions...

And You Thought H-2Bs Could Not Get More Complicated - USCIS Policy Memo re Guam

USCIS, Feb. 15, 2018 - "This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA). This PM pertains to certain H-2B petitions requesting start...

USCIS Policy Alert: Acquisition of U.S. Citizenship for Children Born Out of Wedlock (Apr. 18, 2018)

USCIS, Apr. 18, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under sections 301 and 309 of the Immigration...

USCIS Updates EB-5 Investor Visa Policy Guidance (May 2, 2018)

USCIS, May 2, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 6, Part G of the USCIS Policy Manual regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants."

USCIS Updates Policy Memo on DNA Evidence in Support of Sibling Relationships (Apr. 17, 2018)

USCIS, May 2, 2018 - "USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full...

New USCIS DRAFT Policy Memo Takes Harder Line on Accrual of Unlawful Presence for Fs, Js and Ms (May 11, 2018)

USCIS, May 11, 2018 - "U.S. Citizenship and Immigration Services (USCIS) today posted a [DRAFT] policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain...

Cyrus D. Mehta on USCIS' Unlawful Presence Policy Memo

Cyrus D. Mehta, May 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants .” The memo abruptly revises previous policy guidance in the USCIS Adjudicator’s Field Manual...