Operating Policies and Procedures Memorandum 86-1: Adjustment of Status and Creation of Record of Lawful Permanent Residence, Other INS Forms and Background Investigations   [open pdf - 98KB]

"Adjustment of Status and Creation of Record of Lawful Permanent Residence. It has recently come to my attention that a significant inconsistency exists among Immigration Judges with regard to the role of INS [Immigration and Naturalization Service] Form I-181 (Memorandum of Creation of Record of Lawful Permanent Residence) in our proceedings, and I want to clearly establish our policy on this subject. Effective immediately, when an Immigration Judge grants adjustment of status pursuant to the statute and appropriate regulations, the Judge will issue a legible form order reflecting the decision, which order shall include, and may be limited to, the following language: 'It is hereby ordered that Respondent's/Applicant's application for Adjustment of Status under the Immigration and Nationality Act to that of a Lawful Permanent Resident is granted, and that Respondent/Applicant be issued all appropriate documents necessary to give effect to this Order.' By granting adjustment of status during proceedings, the Immigration Judge has rendered a decision over matters fully within the Judge's jurisdiction. This is not merely a recommendation to INS (as suggested on Form I-181), but an appealable order based on substantive legal authority and the exercise of judicial discretion."

Report Number:
Operating Policies and Procedures Memorandum 86-1
Public Domain
Retrieved From:
United States. Dept. of Justice. Executive Office for Immigration Review: http://www.justice.gov/eoir/
Media Type:
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