Advanced search Help
Clear all search criteria
Only 2/3! You are seeing results from the Public Collection, not the complete Full Collection. Sign in to search everything (see eligibility).
-
Interoffice Memorandum: Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members Under The Child Status Protection Act Section 6 And Form I-539 Adjudications for V Status, Revisions to Adjudicator's Field Manual (AFM) Chapters 21.2(e)(4)(C) and 37.4 (AFM Update AD06-21)
"Section I of this memorandum clarifies when an alien beneficiary is eligible to exercise the 'opt-out provisions under section 6 of the CSPA. Section II of this memorandum addresses adjudication of Form I-539 requests for extension of V-2 and V-3 status when the petitioner has naturalized. The AFM updates also contain updated filing location information for V related employment authorization requests and amended language to reflect USCIS policy in light of the Akhtar v. Burzynski, 384 F.3d 1193 (9th Cir. 2004) decision."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-06-14
-
Interoffice Memorandum: Guidance on the Requirement of a 'Permanent Offer of Employment' for Outstanding Professors and Researchers, Revisions to Adjudicator's Field Manual (AFM) Chapter 22.2(c)(2)(B) (AFM Update AD06-00)
"This memorandum provides guidance on applying the definition of 'permanent employment' as set forth in 8 C.F.R. § 204.5(i)(2) when adjudicating first preference (EB-1) petitions filed on behalf of outstanding researchers."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-06-06
-
Religious Worker Benefit Fraud Assessment Summary
"This summary was prepared in response to recent public inquiries regarding the Religious Worker Benefit Fraud Assessment (BFA) completed by the Office of Fraud Detection and National Security (FDNS) in August 2005. The document is a public version of the Religious Worker BFA final report. Certain law enforcement sensitive information has been redacted."
U.S. Citizenship and Immigration Services
2006-07
-
Interoffice Memorandum: Disposition of Form I-508 and Form I-566 in Adjustment Adjudications; Revisions to Adjudicator's Field Manual (AFM) Chapter 23.2 (AFM Update AD 06-26)
"This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) personnel on the proper disposition of Form I-508, Waiver of Rights, Privileges, Exemptions and Immunities, (and Form I-508F, if applicable), and the Form I-566, Interagency Record of Request, following the adjudication of an adjustment application from an alien formerly in A or G nonimmigrant status. This memorandum supersedes the 1996 guidance in regard to the disposition of these forms. It also updates the Adjudicator's Field Manual accordingly."
U.S. Citizenship and Immigration Services
2006-07-11
-
Interoffice Memorandum: Adam Walsh Child Protection and Safety Act of 2006
"This memorandum provides guidance for the initial implementation of the recently enacted Immigration Law Reforms to Prevent Sex Offenders from Abusing Children (Title IV of the Adam Walsh Child Protection and Safety Act of 2006). On July 27, 2006, President Bush signed into law H.R. 4772, the Adam Walsh Child Protection and Safety Act of 2006 ('Adam Walsh Act'), an Act to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims. Section 402 of the Adam Walsh Act amends section 204 of the Immigration and Nationality Act (INA) to prohibit U.S. citizens and lawful permanent resident aliens who have been convicted of any 'specified offense against a minor' from filing a family-based immigrant petition (including the Form I-130 and the Petition to Classify Orphan, Form I-600A or I-600) on behalf of any beneficiary, unless the Secretary of Homeland Security determines in his sole and unreviewable discretion that the petitioner poses no risk to the beneficiary. Section 402 of the Adam Walsh Act also amends section 101(a)(15) of the INA to remove spouses or fiancés of U.S. citizens convicted of these offenses from eligibility for 'K' nonimmigrant status (Form I-129F)."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-07-28
-
Policy Memorandum: Evaluation of Evidence Submitted with Certain Form I-140 Petitions; Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update AD11-14
" This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for: 1) Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA); 2) Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and 3) Aliens of Exceptional Ability under section 203(b)(2) INA. The purpose of this PM is to ensure that USCIS processes Form I-140 petitions filed under these employment-based immigrant classifications with a consistent standard. In addition, this PM revises AFM Chapter 22.2 to clarify that USCIS will make successor-in-interest (SII) determinations in Form I-140 petitions supported by an approved labor certification application if the transfer of ownership took place anytime while such application for labor certification was still pending or after the labor certification was approved by the Department of Labor (DOL).1 Lastly, this PM revises AFM Chapter 22.2 to update the DOL e-mail address for USCIS officers to use when making duplicate labor certification application requests."
U.S. Citizenship and Immigration Services
2010-12-22
-
Policy Memorandum: Revised Guidance for Determining the Sufficiency of Form N-648, Medical Certification for Disability Exceptions
"This Policy Memorandum (PM) provides guidance to USCIS Officers for determining the sufficiency of Form N-648, Medical Certification for Disability Exceptions. The guidance in this memorandum supersedes all previous guidance dealing specifically with N-648s and, accordingly, revises pertinent chapters of the Adjudicator's Field Manual (AFM). Section 312 of the INA, as amended, requires applicants for naturalization to demonstrate an understanding ofthe English language and knowledge of the history, principles and form of government of the United States. In accordance with Section 312(b)(l) of the INA, any person can seek an exception if he or she is unable to satisfy these requirements due to a physical or developmental disability or a mental impairment. Form N-648 must be certified by a qualified medical professional as mandated in 8 CFR 312.2(b )(2). Over the past several years, U.S. Citizenship and Immigration Services (USCIS) has received significant internal and external feedback from stakeholders, including medical professionals, regarding Form N-648. In response to this feedback, USCIS initiated an in-depth evaluation of the Form N-648 process, including a review of the form, guidance memoranda, and training materials, coordinated within the Field Operations and Fraud Detection and National Security"
U.S. Citizenship and Immigration Services
2010-12-14
-
Policy Memorandum: Model Plan for Administrative Naturalization Ceremonies; Adjudicator's Field Manual (AFM) Update AD 10-53
"This policy memorandum describes the Model Plan for Administrative Naturalization Ceremonies. It supersedes several earlier memoranda specified below. [...] 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 [U.S. Citizenship and Immigration Services] 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 United States citizenship."
U.S. Citizenship and Immigration Services
2010-12-16
-
Policy Memorandum: Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Material Support to the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu)
"On October 18, 2010, following consultation with the Secretary of State and the Attorney General, the Secretary of Homeland Security (the Secretary) exercised her discretionary authority not to apply the material support inadmissibility ground to certain aliens who provided material support to the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu). [...] This document guides USCIS [U.S. Citizenship and Immigration Services] adjudicators on implementation of the Secretary's exemption. […] INA [Immigration and Nationality Act ] section 212(a)(3)(B) renders inadmissible an alien who provides material support to a terrorist organization. In turn, INA section 212(d)(3)(B)(i) authorizes the Secretary to exempt certain terrorism-related grounds of inadmissibility (TRIG). On October 18, 2010, the Secretary issued an exemption that authorizes USCIS, in consultation with Immigration and Customs Enforcement (ICE), not to apply the material support inadmissibility ground to certain aliens associated with the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu). This exemption may be applied to immigration benefit and protection applications under the INA, including, but not limited to, asylum, refugee status, adjustment of status, and asylee and refugee following-to-join petitions. USCIS will consider an exemption only if the threshold requirements, listed below and in the Secretary's Exercise of Authority, are met."
U.S. Citizenship and Immigration Services
2010-12-29
-
Policy Memorandum: Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Activities and Associations Relating to the All Burma Students' Democratic Front (ABSDF)
"On December 16, 2010, following consultation with the Secretary of State and the Attorney General, the Secretary of Homeland Security (the Secretary) exercised her discretionary authority not to apply most terrorism-related inadmissibility grounds to certain aliens for activities or associations relating to the All Burma Students' Democratic Front (ABSDF). See Attachment 1. This document guides USCIS adjudicators on implementation of the Secretary's exemption. […] INA section 212(a)(3)(B) renders inadmissible an alien who engages in terrorist activity and also defines acts and associations that constitute engagement in terrorist activity. In turn, INA section 212(d)(3)(B)(i) authorizes the Secretary to exempt certain terrorism-related grounds of inadmissibility (TRIG). On December 16, 2010, the Secretary issued an exemption that authorizes USCIS, in consultation with Immigration and Customs Enforcement (ICE), not to apply most terrorism-related inadmissibility grounds to certain aliens associated with the All Burma Students' Democratic Front (ABSDF). This exemption may be applied to immigration benefit and protection applications under the Immigration and Nationality Act (INA), including, but not limited to, asylum, refugee status, adjustment of status, and asylee and refugee following-to-join petitions. USCIS will consider an exemption only if the threshold requirements, listed below and in the Secretary's Exercise of Authority, are met."
U.S. Citizenship and Immigration Services
2010-12-29
-
Policy Memorandum: Waivers of Inadmissibility and Grants of Status for Certain Aliens Seeking Nonimmigrant Status in the Commonwealth of the Northern Mariana Islands (CNMI); Addition to the Adjudicator's Field Manual (AFM) Chapter 36.4 (AFM Update AD 11-12)
"This Policy Memorandum (PM) provides guidance on grants of status for certain aliens seeking nonimmigrant status in the Commonwealth of the Northern Mariana Islands (CNMI). This PM is effective immediately. […] The Consolidated Natural Resources Act of 2008 (CNRA) amended the 1976 Covenant between the CNMI and the United States to extend, subject to some limitations, the immigration laws of the United States to the CNMI beginning on November 28, 2009 ('transition date'). Under the CNRA, the definition of the United States in section 101(a)(38) of the Immigration and Nationality Act (INA) now includes the CNM"
U.S. Citizenship and Immigration Services
2010-12-14
-
Policy Memorandum: Ninth Circuit Court of Appeals Overturns the Permanent Injunction Issued by the District Court in Ruiz-Diaz v. United States, No. 09-35734 (9th Cir. Aug. 20, 2010); Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.3(b)(1), AFM Update AD11-01
"This Policy Memorandum (PM) implements the mandate of the Ninth Circuit Court of Appeals overturning the permanent injunction issued by the U.S. District Court for the Western District of Washington in Ruiz-Diaz v. United States, No. 09-35734. [...] Unless specifically exempted herein, this PM applies to all USCIS [U.S. Citizenship and Immigration Services] employees and contractors who handle Form I-360, Petition for Amerasian, Widower, or Special Immigrant, seeking the classification of special immigrant religious worker and Form I-485, Application to Register Permanent Residence or Adjust Status, where the underlying basis is an I-360 petition seeking the classification of special immigrant religious worker. Furthermore, this PM supplements the guidance issued in the August 5, 2009 Memorandum HQDOMO AD09-45, 'Clarifying Guidance on the Implementation of the District Court's Order in Ruiz-Diaz v. United States, No C07-1881RSL (W.D. Wash. June 11, 2009) by adding an editor's note to Appendix 22-04 of the AFM [Adjudicator's Field Manual]."
U.S. Citizenship and Immigration Services
2010-11-09
-
Policy Memorandum: Implementation of the Help HAITI Act of 2010
"This memorandum provides guidance to USCIS Field Operations Directorate (FOD) personnel on the vital aspects of processing applications for adjustment of status filed under the Help Haitian Adoptees Immediately to Integrate Act of 2010, also known as the Help HAITI Act of 2010. On January 12, 2010, a massive earthquake struck Haiti, causing widespread loss of life, injuries, devastating damage to infrastructure (including orphanages and government buildings), and the temporary collapse of the Haitian government. On January 18, 2010, the Secretary of the Department of Homeland Security announced a special humanitarian parole policy for certain Haitian orphans who were adopted or in the process of being adopted by US citizens. Requests for humanitarian parole under this program were accepted through April 14, 2010. This special program and the steps taken to allow these orphans to obtain Lawful Permanent Resident (LPR) status and citizenship are collectively referred to as the Haitian Orphan Parole Program (HOPP)."
U.S. Citizenship and Immigration Services
2010-12-21
-
Policy Memorandum: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update AD10-49
"This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy. [...] A memorandum addressing the revocation of VAWA-based self-petitions was originally issued August 5, 2002. At that time, certain district offices were issuing notices of intent to revoke Form I-360, Petitions for Amerasian, Widow(er), or Special Immigrant, that were approved at the Vermont Service Center (VSC) pursuant to the self-petitioning provisions contained in VAWA. The 2002 memorandum was intended to ensure consistency in the adjudication of VAWA self-petitions, including consistency in revocations of VAWA self-petitions. Accordingly, the VSC was designated as the USCIS [U.S. Citizenship and Immigration Services] office with the sole authority to revoke an approved VAWA self-petition. However, district offices have not been following the 2002 memorandum instructions."
U.S. Citizenship and Immigration Services
2010-12-15
-
Interoffice Memorandum: The Child Status Protection Act - Children of Asylees and Refugees
"On August 6, 2002, the President signed into law the Child Status Protection Act (CSPA), Public Law 107-208, 116 Stat. 927. The CSPA amends the Immigration and Nationality Act (Act) by permitting certain aliens to retain classification as a 'child' under the Act, even if he or she has reached the age of 21. On August 7, 2002, and July 23, 2003, U.S. Citizenship and Immigration Services (CIS) issued guidance on the effect of the CSPA on asylum and refugee applications (attached). The purpose of this memorandum is to provide further guidance to CIS personnel concerning the effect of Sections 4 and 5 of the CSPA on petitions for children following to join an asylee or refugee and for purposes of adjustment of status under Section 209 of the Act. This memorandum should be read in conjunction with the previously issued memoranda."
U.S. Citizenship and Immigration Services
Yates, William R.
2004-08-17
-
Interoffice Memorandum: Regression of E31 and E32 Visa Numbers for Applicants from Mainland China, India, and the Philippines; Rescission of March 31, 2004 Policy Memo re: Concurrent Adjudication of Concurrently Filed Form I-140s and Form I-485s
"This memorandum provides guidance to the field on how to handle Form I-485 adjustment of status applications and concurrently filed Form I-140 immigrant visa petitions/I-485 adjustment of status applications that are affected by the visa number regression under the E31 skilled worker or the E32 professional categories for applicants from mainland China, India, and the Philippines. This memorandum also notifies the field that the March 31, 2004 policy memorandum issued by Fujie Ohata, Director Service Center Operations and entitled Procedural Instructions for Concurrent Adjudication of Concurrently Filed Form I-140, Immigrant Petition for Alien Worker and Form I-485, Application for Adjustment of Status is hereby rescinded. This guidance is effective immediately."
U.S. Citizenship and Immigration Services
Yates, William R.
2004-12-29
-
Relief Efforts for Aliens Affected by the December 26, 2004 Tsunami
"The Department of Homeland Security (DHS) is committed to providing temporary relief to those who are unable to return to their country at this time due to the December 26, 2004 tsunami. This memorandum provides interim field guidance for the various forms of relief that U.S. Citizenship and Immigration Services (USCIS) has committed to undertake. USCIS will continue to work with DHS to determine whether any additional forms of relief may be necessary. As discussed in more detail below, USCIS will implement procedures to adjudicate favorably where possible applications for change or extension of nonimmigrant status following the expiration of an applicant's period of admission; grant an additional period of parole or advance parole in appropriate cases; and authorize 'F' nonimmigrant students' requests for off-campus employment work authorization. USCIS will also expedite the processing of advance parole applications and relative petitions for minor children from affected areas."
U.S. Citizenship and Immigration Services
Yates, William R.
2005-01-10
-
Interoffice Memorandum: Exception to Nonimmigrant HIV Waiver Policy for K and V Nonimmigrants Adjudicator's Field Manual (AFM) Update: Chapter 41.3: Medical Waivers (AD 04-05)
"The purpose of this memorandum is to clarify U.S. Citizenship and Immigration Services' (CIS) policy regarding eligibility for discretionary waivers of inadmissibility due to HIV infection for K and V nonimmigrants."
U.S. Citizenship and Immigration Services
Yates, William R.
2004-11-02
-
Interoffice Memorandum: Revised Interview Waiver Criteria for Form I-485 Application to Register Permanent Residence or Adjust Status
"This memorandum provides revised guidance to the field on how to determine under what criteria Form I-485 (Application to Register Permanent Residence or Adjust Status) should be transferred to a District Office for interview. This guidance is necessary due to the significant increase in the number of cases transferred recently from the Service Centers to District Offices as a result of the increased production levels we have seen with our backlog elimination efforts. Upon review of some of the cases transferred, USCIS [U.S. Citizenship and Immigration Services] felt that the criteria for waiving interviews should be revised to reflect current operational priorities in support of backlog elimination. Generally, interviews should be viewed as necessary when the decision to grant or deny the benefits would benefit from the back and forth questioning of an interview or an assessment of credibility. Interviews should not be used to obtain information that can be readily requested and provided in response to an RFE [Request for Further Evidence]."
U.S. Citizenship and Immigration Services
Yates, William R.
2005-01-05
-
Interoffice Memorandum: Reminder of Change in Photograph Standard
"On July 29, 2004, I issued a memorandum on the change in photograph standard for U.S. Citizenship and Immigration Services (USCIS). The purpose of this memorandum is to remind offices that the change to passport style photographs is effective on September 1, 2004, and to provide additional guidance on implementation of the new standard."
U.S. Citizenship and Immigration Services
Yates, William R.
2004-08-25
-
Interoffice Memorandum: Guidance on the Limitation of Denials Based on Requests for Evidence Standards Not Required by the Statute, Regulations or Form Instructions
"The memorandum provides guidance to Service Centers limiting the use of requests for evidence not supported by the Immigration Nationality Act (INA), the regulations or form instructions."
U.S. Citizenship and Immigration Services
Ohata, Fujie
2005-01-06
-
Interoffice Memorandum: Extension of Validity of Medical Certifications on Form I-693 [December 2, 2004]
"This memorandum temporarily extends the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants. For adjustment of status applicants, the endorsement of a civil surgeon on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is generally valid for one year. Some adjustment of status applications are concurrently filed with an immigrant visa petition as provided for at 8 CFR 245.2(a)(2). These applications are filed with a Form I-693 as required by 8 CFR 245.5. Some of these applications remain pending for more than the one-year validity period."
U.S. Citizenship and Immigration Services
Yates, William R.
2004-12-04
-
Interoffice Memorandum: Adjudication of Form I-539 for V-2 and V-3 Extension
"On October 5, 2004 in Akhtar v. Burzynski. No. 02-57037, the Ninth Circuit invalidated the age-out provisions of 8 C.P.R. 214. 15(g) and remanded the action to the District Court for further proceedings. While the decision would only apply to cases filed by applicants in the Ninth Circuit, CIS [Citizenship and Immigration Services] will apply the decision nation-wide immediately. A regulatory solution is in the making; however, effective immediately, the following guidance is provided for adjudication of Form 1-539 filed for V-2 and V- 3 extension."
U.S. Citizenship and Immigration Services
O'Reilly, Terence M.
2005-01-10
-
Interoffice Memorandum: USCIS Policy Regarding Form I-864, Affidavit of Support
This memorandum notifies adjudicators that USCIS [U.S. Citizenship and Immigration Services] has determined, as permitted by section 213A(f)(6)(B) of the Immigration and Nationality Act (Act), that a person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant is only required to file one Federal income tax return, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years. This memorandum also clarifies how USCIS officers are to determine the sufficiency of a Form I-864. Effective immediately, this policy memorandum supersedes all conflicting provisions in previous memoranda and will be incorporated into 8 CFR 213a, in a separate rulemaking, and section 20.5 of the Adjudicator's Field Manual at a later date."
U.S. Citizenship and Immigration Services
Aytes, Michael
2005-11-23
-
Interoffice Memorandum: Interim Guidance for Processing I-140 Employment-Based Immigrant Petitions and I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
"The purpose of this memorandum is to provide field offices with interim guidance on: (1) Processing Form I-140 petitions and Form I-485 applications in connection with the I-140 portability provision of §106(c) of AC21; (2) Adjudication of H-1B petitions in connection with the 7th year extension provisions of §106(a) of AC21; (3) Adjudication of H-1B petitions in connection with the 7th year extension provisions of 104(c) for aliens subject to per country visa limitations; and (4) Adjudication of H-1B petitions in connection with the H-1B portability provisions of §105 of AC21; This interim guidance will only be in effect until regulations that are currently in progress are published as a final rule. The proposed rule may take a more restrictive position than this memorandum. Please note that the Adjudicator's Field Manual (AFM) will not be updated at this time."
U.S. Citizenship and Immigration Services
Aytes, Michael
2005-12-27
-
Interoffice Memorandum: Current Processing of Pending Forms I-140 for a Schedule A/Group I or II Occupations Missing Evidence of Compliance with U.S. Department of Labor (DOL) Notification/Posting Requirements and Guidance Effective March 28, 2005 Pursuant to New DOL Regulations at 20 CFR Part 656 Regarding the New Process for Blanket Labor Certification for Schedule A; Revisions to Adjudicator's Field Manual (AFM) Chapters 22.2(b)(3)(C) and 22.2(b)(7) (AFM Update AD 05-08)
"This memorandum revises Chapters 22.2(b)(3)(C) and 22.2(b)(7) of the Adjudicator's Field Manual (AFM), superseding USCIS [U.S. Citizenship and Immigration Services] Interoffice Memorandum, Guidance for Processing Pending Forms I-140 for a Schedule A/Group I or II Occupations Missing Evidence of Compliance with DOL Notification/Posting Requirements, dated December 23, 2004. Based on consultation with the U.S. Department of Labor (DOL) Employment and Training Administration, and DOL regulations dated December 27, 2004, this memorandum provides interim policy guidance regarding the notice of posting that is required in support of I-140 petitions filed on behalf of Schedule A beneficiaries before March 28, 2005. The guidance relating to I-140s filed before March 28, 2005 is prospective. In addition, guidance regarding the evidentiary requirements for Form I-140 Schedule A petitions filed on or after March 28, 2005 is also provided. Note that Chapter 22.2 was originally designated as Chapter 22.7."
U.S. Citizenship and Immigration Services
Yates, William R.
2005-09-23
-
Interoffice Memorandum: Procedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B and L-1 Nonimmigrants (AFM Update AD 05-21)
"USCIS [U.S. Citizenship and Immigration Services] Headquarters continues to receive inquiries from the public concerning the proper interpretation of § 214(g)(4) of the Immigration and Nationality Act ('INA') and 8 CFR § 214.2(h)(13), which relate to the maximum period of admission for H nonimmigrants. Petitions for aliens classified as H-1B nonimmigrants who have spent the maximum period of time in the United States permitted by statute in H-1B status may not be approved unless they have remained outside of the United States for the specific period of time referenced in the related regulation."
U.S. Citizenship and Immigration Services
Aytes, Michael
2005-10-21
-
Interoffice Memorandum: Waivers under Section 209(c) of the Immigration and Nationality Act (AFM Update 05-33)
"This memorandum directs adjudicators to use revised standards for determining whether Form I-602, Application by Refugee for Waiver of Grounds of Excludability, is required for granting waivers under section 209(c) of the Immigration and Nationality Act (the Act)."
U.S. Citizenship and Immigration Services
Aytes, Michael
2005-10-31
-
Interoffice Memorandum: Remedial Measures Made Necessary by Hurricanes Katrina and Rita
"This memorandum discusses remedial measures made necessary by the destruction caused by Hurricane Katrina (Katrina) and Hurricane Rita (Rita). While this memorandum discusses specific measures that can be taken, USCIS employees should not view the subjects discussed in the memo as the exclusive measures that can be taken. In general, USCIS employees should take a generous approach to addressing issues brought about by the hurricanes and should use whatever proper means are available to them to remedy hurricane-related immigration situations. This approach is consistent with the approach taken by USCIS and Legacy INS in response to other disasters that have caused immigration-related complications, such as the December 26, 2004 Tsunami. This guidance is meant to be ongoing and not exhaustive except where specifically provided, such that in the future when an adverse immigration-related consequence of Katrina or Rita is discovered, USCIS should attempt to remedy that consequence
U.S. Citizenship and Immigration Services
Aytes, Michael
2005-10-05
-
Interoffice Memorandum: Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or Other Individual to Appear for a Scheduled Interview (AFM Update AD06-01)
"This memorandum provides United States Citizenship and Immigration Services (USCIS) field offices with instructions on evaluating a request for the rescheduling of an interview and handling the failure of an individual to appear for a scheduled interview. This memorandum supersedes any previous guidance addressing these aforementioned issues. If an individual requests an interview to be rescheduled or fails to appear for a scheduled interview, USCIS field offices are directed to implement immediately the procedures outlined in the 'Field Guidance' section of this memorandum and either reschedule the interview or deny the related application or petition accordingly."
U.S. Citizenship and Immigration Services
Aytes, Michael
2005-11-23
