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Questions and Answers: Qualifying Family Members of U Visa Beneficiaries May Obtain Lawful Permanent Residence
"U.S. Citizenship and Immigration Services recently published an interim final rule that allows T and U nonimmigrants to adjust status to become lawful permanent residents. The T nonimmigrant status (also known as the 'T' Visa) was created to provide immigration protection to victims of a severe form of trafficking in persons. The U nonimmigrant status (or 'U' visa) is set aside for victims of crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity. The rule also establishes a two-stage application process for qualifying family members who have never held U nonimmigrant status to obtain lawful permanent residence."
U.S. Citizenship and Immigration Services
2008-12-10
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Guide to Naturalization
"U.S. Citizenship and Immigration Services (USCIS) created this Guide to provide better and more consistent information to people interested in naturalization. It is written to provide information to people interested in naturalization. It is written mainly for people 18 years or older who want to become citizens."
U.S. Citizenship and Immigration Services
2009
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Characteristics of Specialty Occupation Workers (H-IB): Fiscal Year 2006, Annnal Report, October 1, 2005 - September 30, 2006
"This report is mandated under section 416(c)(2) of the American Competitive and Workforce Improvement Act of 1998 (ACWlA) which states: ' ... (T)he Attorney General shall submit on an annual basis, to the Committees on the Judiciary of the United States House of Representatives and the Senate, information on the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the previous fiscal year.'"
United States. Department of Homeland Security; U.S. Citizenship and Immigration Services
2008-03
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Characteristics of Specialty Occupation Workers (H-IB): Fiscal Year 2007, Annnal Report, October 1, 2006 - September 30, 2007
"The American Competitiveness and Workforce Improvement Act (ACWIA), Public Law 105-277, Division C, imposes annual reporting requirements on the U.S. Citizenship and Immigration Services (USCIS) concerning the demographic H-IB worker data. To fulfill this requirement, U.S. Citizenship and Immigration Services submits the following report for Fiscal Year 2007, October 1,2006 - September 30, 2007. The report provides information on the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101 (a)(l5)(H)(i)(b) of the Immigration and Nationality Act during the previous fiscal year. In all parts of this report, annual data for Fiscal Year 2007 are presented."
United States. Department of Homeland Security; U.S. Citizenship and Immigration Services
2009-03-30
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Characteristics of Specialty Occupation Workers (H-IB): Fiscal Year 2008, Annnal Report, October 1, 2007 - September 30, 2008
"The American Competitiveness and Workforce Improvement Act (ACWIA), Public Law 105-277, Division C, imposes annual reporting requirements on U.S. Citizenship and Immigration Services (USCIS) concerning the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the INA during the previous fiscal year. To fulfill this requirement, USCIS submits the following report for Fiscal Year 2008, October I, 2007 - September 30, 2008."
United States. Department of Homeland Security; U.S. Citizenship and Immigration Services
2009-05-01
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I Am a U.S. Citizen: How Do I… Immigrate an Adopted or Prospective Adopted Child or Help My Adopted Child Become a U.S. Citizen or U.S. Permanent Resident?
"This consumer guide explains three different ways to immigrate an adoptive child from overseas to become a lawful permanent resident or to become a U.S. citizen. The first way is through the Hague Adoption Convention program. The Hague Adoption Convention became effective for the United States on April 1, 2008, and created a new process for immigrating adoptive children who reside in countries that are also party to the Hague Adoption Convention. A Hague Convention adoption requires filing of a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. The second way is through the orphan adoption program. This requires filing Form I-600A, Application for Advance Processing of Orphan Petition, and Form I-600, Petition to Classify Orphan as an Immediate Relative. The orphan adoption program is not available if the adoptive child is from a Hague Adoption Convention country. Because of the many distinctions in these adoption methods, U.S. citizens who are interested in adopting a child from another country should first decide on a specific country from which to adopt. To view a list of countries that participate in the Hague Adoption Convention, please see the USCIS website at www.uscis.gov. The third way is through immediate relative processing by filing Form I-130, Petition for an Alien Relative. The three methods to immigrate an adoptive child are separate and distinct and cannot be combined."
U.S. Citizenship and Immigration Services
2009-01
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I Am a U.S. Citizen: How Do I… Help My Relative Become a U.S. Permanent Resident?
"As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a 'green card.' To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States. You begin the process by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative."
U.S. Citizenship and Immigration Services
2008-08
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I Am a U.S. Citizen: How Do I… Help My Fiancé(e) Become a U.S. Permanent Resident?
"A U.S. citizen who wishes to marry a non-U.S. citizen or permanent resident can help their fiancé(e) obtain permanent residence in different ways. One way is to apply for a fiancé(e) visa if your fiancé(e) is overseas and you want to marry in the United States. This visa lets your fiancé(e) enter the United States for 90 days so that your marriage ceremony can take place in the United States. Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). An I-129F is available in the 'forms' section of our website at www. uscis.gov. If we approve the I-129F, we will send it to the National Visa Center, which will process and forward it to the U.S. Embassy or consulate nearest your fiancé(e)'s foreign place of residence. The embassy or consulate will then invite him or her to apply for the actual fiancé(e) visa."
U.S. Citizenship and Immigration Services
2008-08
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Fact Sheet: President's FY 2008 Budget Request for USCIS Focuses on Building an Immigration Service for the 21st Century
"President Bush has requested a $2.6 billion budget for the U.S. Citizenship and Immigration Services (USCIS) in Fiscal Year 2008, the agency announced today. Approximately $2.54 billion of the agency's budget, or 99 percent, will be funded through fees and includes resources necessary to improve service delivery, ensure the security and integrity of the immigration system, and modernize business infrastructure. USCIS' largest fee funding source, the Immigration Examinations Fee Account (IEFA), includes fees collected from immigration benefit applications and petitions. This budget anticipates an increase in revenue from the agency's proposed new fee structure announced in the Feb. 1, 2007 edition of the Federal Register. USCIS' proposed fee structure will ensure appropriate funding to meet customer service needs, national security requirements and modernize an outdated business infrastructure. The structure is built around a foundation of Strategic Pillars, each designed to ensure that a secure and efficient immigration system is maintained and enhanced. Those pillars are Improving Service Delivery; Enhancing the Security and Integrity of the Immigration System; and Modernizing Business Infrastructure. Applicants and petitioners will see substantially improved service under this fee structure, with average processing times projected to be reduced as much as 20 percent by FY 2009 from the current average processing time of six months. This effort is bolstered by the agency's transformation from its current paper-based data systems into digital processing resources and expanded on-line services."
United States. Department of Homeland Security; U.S. Citizenship and Immigration Services
2007-02-05
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U.S. Citizenship and Immigration Services: Glossary
This glossary from the U.S. Citizenship and Immigration Services provide immigration terms and acronyms. "Immigration law has a number of highly technical terms that may not mean the same thing to the average reader."
U.S. Citizenship and Immigration Services
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Policy Memorandum: Model Plan for Administrative Naturalization Ceremonies; Revision to Adjudicator's Field Manual (AFM) Chapter 75.3; AFM Update AD10-53
"This policy memorandum (PM) describes the Model Plan for Administrative Naturalization Ceremonies. […] On October 1, 1991, the Immigration Act of 1990 (IMMACT 1990) extended the authority to naturalize individuals to the Attorney General, and that authority now belongs to the Secretary of the Department of Homeland Security. Under the Secretary's authority, USCIS [United States Citizenship and Immigration Service] organizes and oversees administrative naturalization ceremonies designed to welcome new citizens, recognize the value of citizenship, and offer participants practical information about the rights and responsibilities associated with U.S. citizenship. The naturalization ceremony is a pivotal milestone in the naturalization process. USCIS aims to make administrative naturalization ceremonies positive, memorable moments in the lives of the participants. The significance of the Oath of Allegiance will be honored by USCIS policies and practices that reflect the special, unique nature of the occasion. The following guidance provides USCIS officials with the model plan for conducting administrative naturalization ceremonies in a meaningful and consistent manner."
U.S. Citizenship and Immigration Services
2011-09-20
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U.S. Citizenship and Immigration Services: Policy Review Survey Results Report, 2010
"In April, USCIS [United States Citizenship and Immigration Services] launched a comprehensive effort to review all of its adjudication and customer service policies. USCIS invited the workforce and external stakeholders to complete a survey identifying their priorities for the Policy Review. Guided by nearly 5,600 survey responses from stakeholders, the initial issue priorities of the USCIS Policy Review will be: 1) National Customer Service Center 2) Nonimmigrant H-1B (specialty occupations) 3) Naturalization 4) Employment-Based Adjustment of Status 5) Family-Based Adjustment of Status 6) Employment-Based Immigrants Preference Categories 1, 2 (priority workers, professionals and holders of advanced degrees) and 3 (skilled workers and professionals) 7) Refugee and Asylum Adjustment of Status 8) Form I-601 (Application for Waiver of Ground of Inadmissibility) 9) General Humanitarian Programs 10) Employment Authorization and Travel Documents".
U.S. Citizenship and Immigration Services
2010
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Policy Memorandum: Eligibility to Self-Petition as a Battered or Abused Parent of a U.S. Citizen; Revisions to Adjudicator's Field Manual (AFM) Chapter 21.15 (AFM Update AD 06-32)
"This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding amendments to the Immigration and Nationality Act (Act) that extend the ability to self-petition to battered or abused parents of U.S. citizens. Additionally, this memorandum will provide guidance regarding work authorization for approved VAWA [Violence Against Women and Department of Justice Reauthorization Act of 2005] self-petitioners."
U.S. Citizenship and Immigration Services
2011-08-30
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Policy Memorandum: Transfer of Final Adjudication Authority to the National Benefits Center for Adjustment of Status Cases Filed Pursuant to Section 13 of Public Law 85-316 of 9/11/1957; Revision to Adjudicator's Field Manual (AFM) Chapter 23.10 (AFM Update AD 11-04)
"This memorandum transfers final adjudication authority to the Director of the National Benefits Center (NBC) for Form I-485, Application to Register Permanent Residence or Adjust Status, filed pursuant to Section 13 of Public Law 85-316 of 9/11/1957 and revises Adjudicator's Field Manual Chapter 23.10."
U.S. Citizenship and Immigration Services
2011-08-05
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Policy Memorandum: Adjudication of Adjustment of Status Applications from Aliens Present in the Commonwealth of the Northern Mariana Islands (CNMI) on or after November 28, 2009; Update to Chapters 36.3 and 23.5 of the Adjudicator's Field Manual (AFM); AFM Update AD11-40
"This Policy Memorandum (PM) provides guidance and updates the AFM [Adjudicator's Field Manual] regarding adjudication of family and employment-based Adjustment of Status Applications from aliens present in the CNMI [Commonwealth of the Northern Mariana Islands] . This PM is effective immediately. […] Before November 28, 2009, the CNMI regulated its own immigration law and policies, a privilege that it was accorded under the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ('Covenant'). Under the CNMI's distinct immigration laws, the CNMI admitted aliens into the CNMI in nonimmigrant classifications that were different from those in the INA. Further, those aliens were admitted without inspection and admission by a U.S. immigration officer as would be required under the INA [Immigration and Nationality Act] for admission to the United States."
U.S. Citizenship and Immigration Services
2011-08-09
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Policy Memorandum: Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21; Revisions to Adjudicator's Field Manual (AFM) Chapter 21.14 (AFM Update AD07-02)
"This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding an amendment to the Immigration and Nationality Act (Act) that provides for continued eligibility for certain individuals to file a VAWA self-petition as a child after attaining age 21, but before attaining age 25. The guidance contained in this PM is effective immediately and in advance of regulatory amendments."
U.S. Citizenship and Immigration Services
2011-09-06
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Policy Memorandum: Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members; Revisions to Adjudicator's Field Manual (AFM) Chapters 30.2 and 30.3; AFM Update AD11-27
"This Policy Memorandum (PM) ensures that U.S. Citizenship and Immigration Services (USCIS) uniformly and consistently processes Form I-539 for changes to and extensions of B-2 status for cohabitating nonimmigrant partners and other household members of principal nonimmigrants. […] In some circumstances, elderly parents, cohabitating nonimmigrant partners, and other household members of principal nonimmigrants may be ineligible for derivative status. For purposes of this memorandum, a 'household member' of a principal nonimmigrant is an alien who regularly resides in the same dwelling as the principal nonimmigrant and with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members. There are also circumstances when it may be inconvenient or impossible for spouses or children of principal nonimmigrant aliens to apply for the proper derivative status."
U.S. Citizenship and Immigration Services
2011-08-17
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Policy Memorandum: Field Guidance for Processing Form N-400, Application for Naturalization, for Applicants Who Will Have Their Supplemental Security Income (SSI) Benefits Terminated Because Their Time-limited Eligibility Ends
"This memorandum provides field guidance to all United States Citizenship and Immigration Services (USCIS) employees about their responsibilities regarding the priority processing of Form N-400, Application for Naturalization, when filed by applicants who will soon lose Supplemental Security Income (SSI) benefits because they have reached their eligibility time limit. […] Supplemental Security Income (SSI) is a federal income supplement program funded by general tax revenues and is designed to assist certain individuals with low income and limited resources. Some refugees and other noncitizens residing in the United States are eligible to receive SSI for up to seven years. On September 30, 2008, the 'SSI Extension for Elderly and Disabled Refugees Act,' (P.L. 110-328) modified this policy. The new law temporarily extended the SSI eligibility period for refugees, asylees, and certain other humanitarian immigrants from seven to nine years during the period of October 1, 2008, through September 30, 2011. It also exempted noncitizens from time limitations during the effective period of the law in situations when the applicant had already filed a Form N-400 or was awaiting the swearing-in ceremony."
U.S. Citizenship and Immigration Services
2011-08-30
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Memorandum: Guidance on Revisions to CDC's Technical Instructions for Civil Surgeons and Form 1-693, Revision to and Re-Designation of Adjudicator's Field Manual (AFM) Chapter 23.3 to AFM Chapter 40.1, Health-Related Grounds of Inadmissibility and Medical Examination (AFM AD09-09)
"This memorandum provides guidance on health-related grounds of inadmissibility as codified in section 212(a)(1) of the Immigration and Nationality Act, and the adjudicative review of Form 1- 693 (Report of Medical Examination and Vaccination Record). This guidance also details recent changes to the Tuberculosis screening and referral procedures and revisions to the vaccination requirements. Chapter 23.3 of the Adjudicator's Field Manual (AFM) is updated accordingly. Additionally, Chapter 23.3 is re-designated as Chapter 40.1, Health-Related Grounds of Inadmissibility and Medical Examination."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Chang, Pearl
2009-03-19
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Memorandum: Revisions to Adjudicator's Field Manual (AFM). Chapter 22.2(b) General Form I-140 Issues (AFM Update AD07-26)
"This memorandum amends the Adjudicator's Field Manual, by providing or updating guidance on: 1. The determination of whether a particular U.S. employer falls within the definition of INA section.203(b)(I)(B), thus allowing United States Citizenship and Immigration Services (USCIS) to grant, if otherwise approvable, a first preference (EB-l) petition filed by that employer on behalf of an outstanding professor or researcher in connection with an offer of permanent employment. See also 8 CFR 204.5(i)(3)(iii). 2. Procedures for determining whether a labor certification has been filed with a Form 1-140 petition during its validity period; 3. A technical correction needed for the sample Notice of Posting in section 22.2(b)(4) of the AFM, which was published on September 12,2006. The sample Notice of Posting did not indicate that the posting notice must contain the employer's name which is required for labor certifications filed with the Department of Labor (DOL) pursuant to 20 CFR 656.17 together with 20 CFR 656.10; 4. Various issues relating to labor certification applications approved by DOL and filed in support of Forn I -140 petitions."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-09-14
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Memorandum: Successor-in-Interest Determinations in Adjudication of Form 1-140 Petitions; Adjudicators Field Manual (AFM) Update to Chapter 22.2(b)(5) (AD09-37)
"This memorandum amends the current Adjudicator's Field Manual guidance on factors for making successor-in-interest determinations in the adjudication of Form 1-140, Immigrant Petition for Alien Worker. This memorandum also supersedes all previously issued policy guidance on successor-in-interest relationship determinations."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-08-06
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Interoffice Memorandum: Additional Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and their Children (REVISED)
"This memorandum supersedes an earlier memorandum on this subject, dated November 13, 2009, and provides updated guidance to U.S. Citizenship and Immigration Services (USCIS) field offices and service centers regarding the processing of Forms 1-130, petitions for alien relative, and 1-485, application to register permanent residence or adjust status, filed by surviving spouses of deceased U.S. citizens and the qualifying children of the surviving spouses. This new guidance is based on the enactment of section 568(c) of the Department of Homeland Security Appropriations Act, 2010, Pub. L No. 111-83, 123 Stat. 4142,4186 (2009), which provides relief for these aliens. Section 568(c) entered into force on October 28,2009, the date of enactment. Sections 568(d) and (e) of the FY2010 DHS [Department of Homeland Security] Appropriations Act, which provide relief for aliens who are surviving beneficiaries of certain pending or approved petitions filed by certain qualifying categories of noncitizens, will be addressed in a separate memorandum."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Scialabba, Lori; Chang, Pearl
2009-12-02
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Memorandum: Changes to the Vaccination Requirements for Purposes of Adjustment of Status and the Completion of Form I-693, Report of Medical Examination and Vaccination Record
"This memorandum advises USCIS [U.S. Citizenship and Immigration Services] officers of the revised vaccination requirements for health-related admissibility under section 212(a)(1)(A)(ii) of the Immigration and Nationality Act (the Act). Effective December 14, 2009, vaccinations against the Human Papillomavirus (HPV) and herpes zoster (zoster) will no longer be required. These changes are applicable to any admissibility determination made under section 212(a)(1)(A)(ii) of the Act on or after December 14, 2009."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Scialabba, Lori; Chang, Pearl
2009-12-15
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Fact Sheet: USCIS and ICE Procedures Implementing EOIR Regulations on Background and Security Checks on Individuals Seeking Relief or Protection from Removal in Immigration Court or before the BIA
"On April 1, 2005, the agencies responsible for immigration court proceedings and status documentation modified the procedures for aliens who ask the court for relief from removal or for protection in the United States. These procedures are designed to protect national security and public safety and to ensure and speed final documentation processing for aliens found eligible for relief or protection. These procedures apply to requests for asylum, withholding of removal, adjustment of status, cancellation of removal, suspension of deportation, and certain applications for waivers of grounds of removal. The procedures are designed to make the best use of the resources of the agencies involved. Immigration courts are operated by the Executive Office for Immigration Review (EOIR), a component of the Department of Justice (DOJ). Immigration judges hear the cases, and administrative appeals are decided by EOIR's Board of Immigration Appeals (BIA). The government is represented in immigration court by attorneys from Immigration and Customs Enforcement (ICE), within the Department of Homeland Security (DHS). If EOIR grants relief from removal or other forms of protection, in most cases, the individual is issued evidence of his or her new status and work authorization by the United States Citizenship and Immigration Services (USCIS), another agency within DHS. Since April 1, 2005, EOIR regulations have prohibited immigration judges and the BIA from granting relief from removal to an individual unless DHS reports that all required identity, background and security checks have been completed concerning the individual. See 70 FR 4743 (January 31, 2005) (codified at 8 C.F.R. Parts 1003 and 1208)."
United States. Department of Homeland Security; U.S. Citizenship and Immigration Services; U.S. Immigration and Customs Enforcement
2006-08-08
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Memorandum: Notification of Ramos v. Holder; Former Gang Membership as a Potential Particular Social Group in the Seventh Circuit
"This memorandum provides notification to the Asylum Offices regarding the Seventh Circuit's recent decision in Ramos v. Holder, 589 F. 3d 426 (7th Cir. 2009). The Seventh Circuit issued its decision in Ramos on December 15,2009, holding that former gang membership can be the basis for a particular social group. The decision vacated the Board of Immigration Appeals' (Board 's) decision and the case was remanded to the Board for reconsideration in light of the Seventh Circuit's opinion."
U.S. Citizenship and Immigration Services
Langlois, Joseph E.
2010-03-02
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Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Fonn 1-539) Revisions to Adjudicator's Field Manual (AFM), New Chapter 39.1 (g)(2)(i) (AFM Update AD 1 0-08)
"This Policy Memorandum (PM) authorizes the Vermont Service Center (VSC) to approve an Application to Extend/Change Nonimmigrant Status (Form 1-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years. Unless specifically exempted herein, this PM applies to and is binding on all USCIS employees."
U.S. Citizenship and Immigration Services
2010-06-22
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Memorandum: Numerical Limitation Exemption for H Nonimmigrants Employed in the CNMI and Guam
"The purpose of this memorandum is to provide guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of H-1B 'specialty occupation' and H-2B 'temporary nonagricultural' workers. […] The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, includes a provision affecting the H-1B and H-2B visa classifications. Upon the CNRA's implementation on November 28, 2009 and until December 31, 2014, H-1B and H-2B nonimmigrants admitted to perform labor and services in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) are exempt from the statutory numerical limitation for H-1B and H-2B classification. See Section 6(b) of Public Law 94-241, as added by section 702 of the CNRA."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2010-01-29
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Memorandum: Clarifying Guidance on Adjudicating Reciprocal Exchange Agreements Revisions to the Adjudicator's Field Manual (AFM) Chapter 33.6(d) AFM Update AD10-28
"The purpose of this memorandum is to provide guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of P-2 nonimmigrants. In particular, this memo amends the policy guidance that the Service Centers must contact Headquarters prior to adjudication of reciprocal exchange agreements which have not been previously approved. This memorandum supersedes the March 17, 1993 Jacquelyn A. Bednarz 'List of Reciprocal Exchange Programs' memorandum."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2010-03-11
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I Am a Nonimmigrant: How Do I… Change to Another Nonimmigrant Status?
"Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant categories. There are more than 40 nonimmigrant U.S. visa categories; each is used for a different, but very specific purpose. For example, some authorize temporary employment in the United States; others permit tourists to visit, students to study, and diplomats to serve their home country's interests in the United States. We understand that plans can change. If your original reason for coming to the United States changes, you may be required to change your nonimmigrant status to a different one before you may lawfully begin to engage in the activities you want to pursue. This guide contains information on how to apply for a change from your current nonimmigrant status to another nonimmigrant status while you are in the United States."
U.S. Citizenship and Immigration Services
2008-08
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I Am a Nonimmigrant: How Do I… Extend My Nonimmigrant Stay in the United States?
"Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant classifications. When you were admitted to the United States, a Government official at a U.S. port of entry examined your immigration documentation and, in most cases, issued you a Form I-94, Arrival-Departure Record, or Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record. The I-94/I-94W shows your nonimmigrant status and the length of time you can legally remain in the United States. Note that the I-94/I-94W shows how long you are permitted to remain in the United States, but your nonimmigrant visa (if a visa was issued) does not. A visa only shows when and how many times you may seek admission to the United States from abroad based on the classification noted on your visa. We understand that you may wish to remain in the United States longer than you originally planned. This customer guide contains information about how to apply for an extension of your stay in the United States to continue the same activities permitted when you were first admitted to this country."
U.S. Citizenship and Immigration Services
2008-08