About the Policy Manual
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USCIS has undertaken a comprehensive review of our adjudication and customer service policies to improve quality, transparency, and efficiency. As a result of this extensive and ongoing review, USCIS has created the USCIS Policy Manual, which is the agency’s centralized online repository for USCIS’s immigration policies. The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site, and other policy repositories. The manual is structured to house several volumes pertaining to different areas of immigration benefits administered by the agency such as citizenship and naturalization, adjustment of status, admissibility, protection and parole, nonimmigrants, refugees, asylees, immigrants, waivers, and travel and employment.
The USCIS Policy Manual is organized into different volumes, parts, and chapters that present policies in a logical and sequential manner. The USCIS Policy Manual provides several user-friendly features and enhancements. These features include up-to-the-minute comprehensive policy updates, an expanded table of contents, and links to related Immigration and Nationality Act (INA) sections, Code of Federal Regulations (CFR), and public use forms. The manual is also equipped with a keyword search function, which will make locating policy and related information faster, easier, and less time consuming. Citations of statutes, regulations, case law, authoritative sources, and other explanatory references appear in footnotes rather than the body of the text. Tables and charts supplement and simplify policy information to facilitate understanding of complex topics and instructions.
The USCIS Policy Manual contains the official policies of USCIS and must be followed by all USCIS officers in the performance of their duties. The Policy Manual does not create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
Table of Contents
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VOLUME 1: GENERAL POLICIES AND PROCEDURES
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PART A – CUSTOMER SERVICE
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PART B – CASE PROCESSING
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PART C – BIOMETRICS COLLECTION AND SECURITY CHECKS
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PART D – ATTORNEYS AND REPRESENTATIVES
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PART E – ADJUDICATIONS
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PART F – MOTIONS AND APPEALS
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PART G – NOTICE TO APPEAR
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VOLUME 2: NONIMMIGRANTS
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PART A – NONIMMIGRANT POLICIES, GOALS, AND PROCEDURES
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PART B – DIPLOMATIC AND INTERNATIONAL ORGANIZATION PERSONNEL (A AND G)
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PART C – VISITORS, STUDENTS, AND MEDIA REPRESENTATIVES
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PART D – SPECIALTY OCCUPATION WORKERS (H-1B AND E-3)
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PART E – TEMPORARY AGRICULTURAL AND NON-AGRICULTURAL WORKERS (H-2)
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PART F – TRAINEES (H-3)
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PART G – INTRACOMPANY EXECUTIVES AND MANAGERS (L)
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PART H – ARTISTS, ENTERTAINERS, ATHLETES, AND INDIVIDUALS OF EXTRAORDINARY ABILITY OR ACHIEVEMENT (O AND P)
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PART I – RELIGIOUS WORKERS (R)
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PART J – TREATY TRADERS, TREATY INVESTORS, AND NAFTA PROFESSIONALS (E-1, E-2, AND TN)
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PART K – NONIMMIGRANTS INTENDING TO ADJUST STATUS (K AND V)
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VOLUME 3: PROTECTION & PAROLE
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PART A – PROTECTION AND PAROLE POLICIES, GOALS, AND PROCEDURES
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PART B – VICTIMS OF TRAFFICKING
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PART C – VICTIMS OF CRIMES
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PART D – TEMPORARY PROTECTED STATUS AND DEFERRED ENFORCED DEPARTURE
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PART E – PAROLEES
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PART F – DEFERRED ACTION
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PART G – HUMANITARIAN EMERGENCIES
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VOLUME 4: REFUGEES
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VOLUME 5: ASYLEES
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VOLUME 6: IMMIGRANTS
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PART A – IMMIGRANT POLICIES, GOALS, AND PROCEDURES
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PART B – FAMILY-BASED IMMIGRANTS
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PART C – INTERNATIONAL ORPHANS AND ADOPTEES
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PART D – FAMILY-BASED IMMIGRANTS FILING UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)
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PART E – EMPLOYMENT-BASED IMMIGRANTS
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PART F – ENTREPRENEURS
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PART G – DESIGNATED AND SPECIAL IMMIGRANTS
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PART H – SPECIAL IMMIGRANT JUVENILES
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PART I – CONDITIONAL RESIDENTS
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VOLUME 7: ADJUSTMENT OF STATUS
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PART A – ADJUSTMENT OF STATUS POLICIES, GOALS, AND PROCEDURES
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PART B – 245(A) APPLICANTS
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PART C – 245(I) APPLICANTS
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PART D – FAMILY-BASED APPLICANTS
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PART E – EMPLOYMENT-BASED APPLICANTS
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PART F – SPECIAL IMMIGRANT-BASED (EB-4) APPLICANTS
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PART G – DIVERSITY VISA APPLICANTS
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PART H – VAWA-BASED APPLICANTS
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PART I – TRAFFICKING VICTIM-BASED APPLICANTS
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PART J – CRIME VICTIM-BASED APPLICANTS
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PART K – REFUGEE APPLICANTS
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PART L – ASYLEE APPLICANTS
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PART M – CRIMINAL OR TERRORIST INFORMANT-BASED APPLICANTS
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PART N – LEGALIZATION APPLICANTS
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PART O – REGISTRANTS
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PART P – SPECIAL ADJUSTMENT PROGRAM APPLICANTS
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PART Q – POST ADJUDICATION
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PART R – RESCISSION OF LAWFUL PERMANENT RESIDENCE
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PART S – ABANDONMENT OF LAWFUL PERMANENT RESIDENCE
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VOLUME 8: ADMISSIBILITY
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PART A – ADMISSIBILITY POLICIES, GOALS, AND PROCEDURES
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PART B – HEALTH ISSUES AND MEDICAL EXAMINATION
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PART C – CIVIL SURGEON DESIGNATION AND REVOCATION
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PART D – CRIME AND PUBLIC SAFETY
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PART E – TERRORISM
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PART F – NATIONAL SECURITY
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PART G – PUBLIC CHARGE
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PART H – LABOR CERTIFICATION AND SELECT IMMIGRANT QUALIFICATIONS
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PART I – ILLEGAL ENTRANTS AND OTHER IMMIGRATION VIOLATORS
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PART J – FRAUD AND WILLFUL MISREPRESENTATION
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PART K – FALSE CLAIM TO U.S. CITIZENSHIP
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PART L – DOCUMENTATION REQUIREMENTS
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PART M – CITIZENSHIP INELIGIBILITY
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PART N – ALIENS PREVIOUSLY REMOVED
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PART O – ALIENS UNLAWFULLY PRESENT
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PART P – ALIEN PRESENT AFTER PREVIOUS IMMIGRATION VIOLATION
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PART Q – PRACTICING POLYGAMISTS, INTERNATIONAL CHILD ABDUCTORS, UNLAWFUL VOTERS, AND TAX EVADERS
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VOLUME 9: WAIVERS
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PART A – GENERAL WAIVER PROCESSES AND PROCEDURES
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PART B – EXTREME HARDSHIP
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PART C – MEDICAL GROUNDS
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PART D – CRIMINAL GROUNDS
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PART E – ALIENS SUBJECT TO CIVIL PENALTY
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PART F – ALIEN SMUGGLING
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PART G – FRAUD OR WILLFUL MISREPRESENTATION
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PART H – UNLAWFUL PRESENCE
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PART I – HUMANITARIAN
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PART J – NATIONAL INTEREST
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PART K – FAMILY UNITY, HUMANITARIAN PURPOSES, OR PUBLIC INTEREST
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PART L – NONIMMIGRANT
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PART M – OTHER PROVISIONS OVERCOMING INADMISSIBILITY
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PART N – MOTIONS AND APPEALS
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VOLUME 10: CONSENT TO REAPPLY
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PART A – CONSENT TO REAPPLY POLICIES, GOALS, AND PROCEDURES
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PART B – ADJUDICATIONS
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PART C – MOTIONS AND APPEALS
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VOLUME 11: TRAVEL, EMPLOYMENT, & IDENTITY DOCUMENTS
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PART A – PERMANENT RESIDENT CARDS
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PART B – EMPLOYMENT AUTHORIZATION DOCUMENTATION
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PART C – REFUGEE TRAVEL DOCUMENTS
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PART D – REENTRY PERMITS
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PART E – ADVANCE PAROLE
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PART F – IDENTITY DOCUMENTS
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VOLUME 12: CITIZENSHIP & NATURALIZATION
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PART A – CITIZENSHIP AND NATURALIZATION POLICIES AND PROCEDURES
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PART B – NATURALIZATION EXAMINATION
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PART C – ACCOMMODATIONS
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PART D – GENERAL NATURALIZATION REQUIREMENTS
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Chapter 1: Purpose and Background
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Chapter 2: LPR Admission for Naturalization
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Chapter 3: Continuous Residence
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Chapter 4: Physical Presence
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Chapter 5: Modifications and Exceptions to Continuous Residence and Physical Presence
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Chapter 6: Jurisdiction, Place of Residence, and Early Filing
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Chapter 7: Attachment to the Constitution
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Chapter 8: Educational Requirements
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Chapter 9: Good Moral Character
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PART E – ENGLISH AND CIVICS TESTING AND EXCEPTIONS
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PART F – GOOD MORAL CHARACTER
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Chapter 1: Purpose and Background
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Chapter 2: Adjudicative Factors
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Chapter 3: Evidence and the Record
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Chapter 4: Permanent Bars to GMC
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Chapter 5: Conditional Bars for Acts in Statutory Period
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A. One or More Crimes Involving Moral Turpitude
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B. Aggregate Sentence of Five Years or More
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C. Controlled Substance Violation
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D. Imprisonment for 180 Days or More
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E. False Testimony
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F. Prostitution
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G. Smuggling of a Person
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H. Polygamy
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I. Gambling
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J. Habitual Drunkard
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K. Failure to Support Dependents
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L. Adultery
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M. Unlawful Acts
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PART G – SPOUSES OF U.S. CITIZENS
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Chapter 1: Purpose and Background
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Chapter 2: Marriage and Marital Union for Naturalization
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Chapter 3: Spouses of U.S. Citizens Residing in the United States
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A. General Eligibility for Spouses Residing in the United States
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B. Living in Marital Union for Spouses Residing in the United States
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C. Three Years of Continuous Residence
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D. Eighteen Months of Physical Presence
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E. 90-Day Early Filing Provision (INA 334)
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F. Eligibility for Persons Subjected to Battering or Extreme Cruelty
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G. Application and Evidence
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Chapter 4: Spouses of U.S. Citizens Employed Abroad
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A. General Eligibility for Spouses of U.S. Citizens Employed Abroad
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B. Marital Union for Spouses Employed Abroad
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C. Qualifying Employment Abroad
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D. Calculating Period “Regularly Stationed Abroad”
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E. Exception to Continuous Residence and Physical Presence Requirements
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F. In the United States for Examination and Oath of Allegiance
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G. Application and Evidence
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Chapter 5: Conditional Permanent Resident Spouses and Naturalization
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PART H – CHILDREN OF U.S. CITIZENS
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Chapter 1: Purpose and Background
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Chapter 2: Definition of Child for Citizenship and Naturalization
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Chapter 3: United States Citizens at Birth (INA 301 and 309)
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Chapter 4: Automatic Acquisition of Citizenship after Birth (INA 320)
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A. General Requirements: Biological, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth
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B. Legal and Physical Custody of U.S. Citizen Parent
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C. Acquisition of Citizenship Prior to Child Citizenship Act of 2000
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D. Application for Certificate of Citizenship (Form N-600)
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E. Documentation and Evidence
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F. Citizenship Interview and Waiver
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G. Decision and Oath of Allegiance
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Chapter 5: Child Residing Outside of the United States (INA 322)
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A. General Requirements: Biological, Legitimated, or Adopted Child Residing Outside the United States
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B. Eligibility to Apply on the Child’s Behalf
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C. Physical Presence of the U.S. Citizen Parent or Grandparent
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D. Temporary Presence by Lawful Admission and Status in United States
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E. Application for Citizenship and Issuance of Certificate under Section 322 (Form N-600K)
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F. Documentation and Evidence
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G. Citizenship Interview and Waiver
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H. Decision and Oath of Allegiance
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Chapter 6: Special Provisions for the Naturalization of Children
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PART I – MILITARY MEMBERS AND THEIR FAMILIES
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Chapter 1: Purpose and Background
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Chapter 2: One Year of Military Service during Peacetime (INA 328)
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Chapter 3: Military Service during Hostilities (INA 329)
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A. General Eligibility through Military Service during Hostilities
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B. Honorable Service
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C. National Guard Service
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D. Designated Periods of Hostilities
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E. Eligibility as Permanent Resident or if Present in United States at Induction or Enlistment
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F. Conditional Permanent Residence and Naturalization during Hostilities
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Chapter 4: Permanent Bars to Naturalization
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Chapter 5: Application and Filing for Service Members (INA 328 and 329)
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Chapter 6: Required Background Checks
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Chapter 7: Revocation of Naturalization
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Chapter 8: Posthumous Citizenship (INA 329A)
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Chapter 9: Spouses, Children, and Surviving Family Benefits
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PART J – OATH OF ALLEGIANCE
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Chapter 1: Purpose and Background
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Chapter 2: The Oath of Allegiance
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Chapter 3: Oath of Allegiance Modifications and Waivers
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Chapter 4: General Considerations for All Oath Ceremonies
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Chapter 5: Model Plan for Administrative Naturalization Ceremonies
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A. U.S. Citizenship Welcome Packet
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B. Ceremony Check-In Process
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C. Ceremony Program
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D. Guest Speakers at Naturalization Ceremonies
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E. Voter Registration at Naturalization Ceremonies
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F. Participation from Other Government Entities
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G. Participation from Volunteers and Civic Organizations
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H. Offers to Donate Use of Venues for Naturalization Ceremonies
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Chapter 6: Judicial and Expedited Oath Ceremonies
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PART K – CERTIFICATES OF CITIZENSHIP AND NATURALIZATION
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PART L – REVOCATION OF NATURALIZATION
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