Adjudicator's Field Manual, USCIS, Redacted Public Version- Updated Through June 18, 2007 - Law Offices of Michael D. BakerLaw Offices of Michael D. Baker

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

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

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