USCIS ADJUDICATOR S FIELD MANUAL

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1 USCIS ADJUDICATOR S FIELD MANUAL Updated Through March 31, 2014 Chapter 1 Organization and Content of the Adjudicator s Field Manual Purpose, Content and Organization of the Manual Chapter 2 Customer Service Defining Customer Service for Adjudications The Role of the Adjudicator in Customer Service: The Moment of Truth Our Customers Excellent Service in a Culturally Diverse Environment Courtesy Professional Service Knowledgeable Service Providing Courteous, Professional and Knowledgeable Service to Applicants with Disabilities Providing Courteous, Professional and Knowledgeable Service to Upset Applicants Further Reading on Customer Service Chapter 3 Mission and Functions of Adjudications Terminology Mission Statement The Chain of Command Adherence to USCIS Policy Roles of Headquarters, Regions and Field Organizations Roles and Functions of Related USCIS and DHS Branches Adjudications Working Groups Reporting Incidents Hostage Situations Chapter 4 Career Information and Environment Position Descriptions for Selected Jobs Training and Professional Development The Workplace Environment Uniforms, Badges and Credentials Immigration Information Officer Uniform Standards Fraud Detection and National Security Position Descriptions (FDNS) Chapter 10 An Overview of the Adjudication Process Receipting and Acceptance Processing Record of Proceeding General Adjudication Procedures Transferring Jurisdiction within USCIS Requesting Additional Information Post-Decision Case Actions Preparing Denial Orders Preparing the Appellate Case Record Waiver of Fees Refund of Fees Order of Processing i

2 10.12 Adjudicator s Responsibilities under FOIA/Privacy Act Public Copies of Decisions Directed Decisions Exercise of Discretion; Uniformity of Decisions Denial for Lack of Prosecution Motions to Reopen or Reconsider Certification of Decisions Use of Classified Information in Adjudications Decisions Adjudications Approval Stamps, Facsimile Stamps and Dry Seals Approval of Pending Immigrant Visa Petitions, T or U Extension Applications, Asylee/Refugee Relative Petitions, or Applications After Death of the Qualifying Relative Chapter 11 Evidence Submission of Supporting Documents and Consideration of Evidence Video and Audio Taping Foreign Language Documents and Translations Administration of Oaths Outside Sources and Other USCIS Records Chapter 12 Private Attorneys and Other Representatives Representation before USCIS Notice of Entry of Appearance Proper Service of Documents & Notices Interviews Conduct of Attorneys and Representatives Role of USCIS District Directors in the Board of Immigration Appeals Recognition and Accreditation Process Chapter 14 Sources of Information/Conducting Research The Importance of Research Basic Principles of Effective Legal Research Primary Research Sources Decisions of Administrative Appellate Bodies Decisions of Federal Courts Other USCIS and Governmental Resources Supplemental Materials and Non-Governmental Resources USCIS and DHS Databases Internet and Intranet Resources Procedures for Requesting Library of Congress Research Chapter 15 Interviewing Techniques General Policies Interview Environment Officer Conduct and Appearance Interview Procedures New York City District Office ( Stokes ) Interviews Sworn Statements Use of Interpreters Role of Attorney or Representative in the Interview Process Videotaping Interviews NSEERS Interviews ii

3 Chapter 17 Field Immigration Examinations (FIE) Program Purpose and Vision of the FIE Program Background Authority Training Case Assignment Officer Safety Duty Schedules and Overtime Compensation Equipment Surveillance Confidential Informants Reporting Requirements Chapter 20 Immigrants in General Numerical Limitations and the Visa Bulletin Petition Validity Petition Revocation Petition Withdrawal Enforceable Affidavits of Support Chapter 21 Family-based Petitions and Applications General Information About Relative Visa Petitions Factors Common to the Adjudication of All Relative Visa Petitions Petition for a Spouse Petition by Citizen or Lawful Permanent Resident for a Child, Son or Daughter Petition for an Orphan Petition for a Hague Convention Adoptee Petition for an Amerasian Petition for a Parent Petition for a Sibling Refugee/Asylee Relative Petitions Petition for Spouse, Child, or Parent of Certain Deceased U.S. Armed Forces Members Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative [Reserved.] Self-petitions by Abused Spouses and Children Self-petitions by Abused Parents of U.S. Citizens Chapter 22 Employment-based Petitions, Entrepreneurs and Special Immigrants Prior Law and Historical Background Employment-Based Immigrant Visa Petitions (Form I-140) Special Immigrants Employment Creation Entrepreneur Cases Chapter 23 Adjustment of Status to Lawful Permanent Resident Prior Law and Historical Background General Adjustment of Status Issues Medical Examinations Presumption of Lawful Admission and Creation of Record under 8 CFR Adjustment of Status under Section 245 of the INA Refugee and Asylee Adjustment under Section 209 of the Act Registration of Lawful Permanent Residence under Section 249 of the Act Section 289 Cases Section 7 of the Central Intelligence Agency Act of 1949 Cases iii

4 23.10 Adjustment of Status under Section 13 of Public Law of 9/11/1957 (8 U.S.C. 1255b) Cuban Adjustment Act Cases Adjustment of Status under NACARA (sec. 202 of Pub L ) Adjustment of Status under the Haitian Refugee Immigration Fairness Act, Pub. L (HRIFA) Adjustment of Status for Certain Syrian Nationals Granted Asylum (Public Law ) Chapter 24 Legalization Historical Background Legalization under Section 245A of the Act Special Agricultural Worker (SAW) and Replacement Agricultural Worker (RAW) Programs Family Unity Program Legalization Provisions of the LIFE Act (LIFE Legalization) LIFE Act Family Unity Provisions Chapter 25 Petitions for Removal of Conditions on Conditional Residence Immigration Marriage Fraud Amendments of Entrepreneurs Chapter 26 Rescission of Adjustment to Lawful Permanent Resident Status Adjudication Issues Adjudication Procedures Chapter 30 Nonimmigrants in General Maintaining Status Extension of Stay for Nonimmigrants Change of Nonimmigrant Status Under Section Replacement of Arrival-Departure Records Status as a Foreign Government Official or Employee of an International Organization Extensions of Stay for Certain A-3 and G-5 Nonimmigrants Unauthorized Employment and Other Incidents Involving A or G Nonimmigrants Affidavits of Support for Nonimmigrants Geographically Restricted Nonimmigrants Termination of Approval (Revocation of Approval of Petition) Adjustment of Status to Nonimmigrant Nonimmigrant Health Care Workers Chapter 31 Petitions for Temporary Workers (H Classifications) Background General Requirements for H Petitions H1-B Classification and Documentary Requirements Agricultural Workers (H-2A) Temporary Service or Labor Workers (H-2B) Trainees (H-3) Nurses (H-1C) Strikes or Lockouts Involving H Petition Beneficiaries Dependents Chapter 32 Petitions for Intracompany Transferees (L classification) Background Terminology iv

5 32.3 Individual L Petition Process Blanket Petition Process Individual Eligibility under Blanket Petitions Technical Issues Chapter 33 Performing Artists, Entertainers, Athletes and Others of Extraordinary Ability (O & P Classifications) Background Terminology Consultation Requirements and Procedures Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics, and Accompanying Aliens (O-1 and O-2) Internationally Recognized Athletes and Entertainers (P-1) Reciprocal Exchange Artists and Entertainers (P-2) Culturally Unique Artists and Entertainers (P-3) Expedite Procedures Technical Issues Special Agreements Chapter 34 Other Employment Authorized Nonimmigrants (E, I & R Classifications) Background Treaty Traders Treaty Investors Representatives of the Information Media Nonimmigrant Aliens Employed in Religious Occupations E-3 Specialty Occupation Workers Chapter 35 Students and Exchange Visitors (F, J, M & Q); School Approvals [Reserved. Undergoing major revision] Chapter 36 Commonwealth of the Northern Mariana Islands Reserved Parole and Other Benefits for Certain Aliens in the CNMI Adjudication of Adjustment of Status Applications from Aliens Present in the Commonwealth of the Northern Mariana Islands (CNMI) after November 28, Waivers of Inadmissibility and Grants of Status for Certain Aliens Seeking Nonimmigrant Status in the Commonwealth of the Northern Mariana Islands (CNMI) [Reserved] [Reserved] [Reserved] Classification of Aliens under Section 101(a)(15)(L) and 203(b)(1)(C) Chapter 37 Nonimmigrants Intending to Adjust Status (K and V Classifications) [Reserved] [Reserved] [Reserved] Provisions for the V Nonimmigrant Classification Chapter 38 Temporary Protected Status and Deferred Enforced Departure Temporary Protected Status Deferred Enforced Departure Chapter 39 U Nonimmigrants U Immigrants v

6 39.2 T Immigrants Chapter 40 Grounds of Inadmissibility under Section 212(a) of the Immigration and Nationality Act Health Related Grounds of Inadmissibility and Medical Examination Section 212(a)(2) of the Act - Criminal and Related Grounds Section 212(a)(3) of the Act - Security and Related Grounds Section 212(a)(4) of the Act - Public Charge Section 212(a)(5) of the Act - Labor Certification and Qualifications for Certain Immigrants Section 212(a)(6) of the Act - Illegal Entrants and Immigration Violators Section 212(a)(7) of the Act - Documentation Requirements Section 212(a)(8) of the Act - Ineligible for Citizenship Section 212(a)(9) of the Act - Aliens Unlawfully Present after Previous Immigration Violations Inadmissibility Based on Prior Removal (Section 212(a)(9)(A) of the Act) or Based on Unlawful Return after Prior Removal (Section 212(a)(9)(C)(i)(II) of the Act) Inadmissibility Based on Prior Unlawful Presence (Sections 212(a)(9)(B) and (C)(i)(I) of the Act) Section 212(a)(10) of the Act - Miscellaneous Chapter 41 Waiver of Excludability for Immigrants [Reserved] [Reserved] Waiver of Medical Grounds of Inadmissibility [Reserved] [Reserved] Waivers of Inadmissibility for Refugees and Asylees Expeditious Adjudication of Waivers of Inadmissibility Chapter 42 Application for Advance Permission to Enter as a Nonimmigrant The material formerly contained in Chapter 42 was transferred to the Inspector s Field Manual. Chapter 43 Consent to Reapply After Deportation or Removal General Adjudication Processes Chapter 45 Waiver of Section 212(e) Foreign Residence Requirement Background General Considerations Waiver Based on Exceptional Hardship to USC or LPR Spouse or Child Waiver Based on a Claim of Persecution Waiver Based on a No Objection Letter Waiver Based on a Request by a U.S. Government Agency, Not Involving a Foreign Medical Graduate Waiver for a Foreign Medical Graduate Requested by an Interested Federal or State Agency for 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. 738 Chapter 51 Application to Replace Permanent Resident Card Historical Information Adjudication and Production Processes and Issues Form I-551 Renewal Policy and Procedure vi

7 51.4 Naming Conventions; Use of Full Legal Name on All USCIS Issued Documents Chapter 52 Reentry Permits General Filing and Receipting Procedures Adjudication Production and Delivery Chapter 53 Refugee Travel Documents Background Filing and Receipting Procedures Adjudication Production and Delivery Special Considerations Chapter 54 Advance Parole Documents and Boarding Letters Background Filing and Receipting Procedures Adjudication Special Considerations Chapter 55 Employment Authorization Documents Background and Historical Information Adjudication and Production Processes, in General Adjudication Issues Pertaining to Specific Categories of Aliens Chapter 56 Other USCIS and DHS Documents Replacement of Nonimmigrant Arrival/Departure Record USC ID cards Texas Band of Kickapoo Indians North American Indians Born in Canada Chapter 61 Bonds Posting, Cancellation and Breaching of Public Charge Bonds Posting, Cancellation and Breaching of Maintenance of Status Bonds Chapter 62 Fines and Liquidated Damages See Chapter 43 of the Inspector s Field Manual for information regarding fines and liquidated damages. Chapter 71 Citizenship Acquisition and Derivation Chapter 72 Processes and Procedures for Conducting Naturalization Interviews Overview of the Examination Process Examination Preparation Decision Process Chapter 73 The Eligibility Requirements for Naturalization Lawfully Admitted for Permanent Residence [Reserved] Continuity of Residence Jurisdiction Physical Presence Good Moral Character (GMC) vii

8 73.7 Attachment to the Constitution English and Civics Chapter 74 Examination of Form N General Information and Introduction to Form N Part-by-Part Discussion of Form N-400 Data Closing Actions Chapter 75 The Oath of Naturalization The Oath The Oath Ceremony Ceremony-Related Issues Chapter 76 Denaturalization General Adjudicator Actions Chapter 81 Statistical Reports; Adjudications Recordkeeping Work Measurement Procedures Using Statistical Information Chapter 82 Management Techniques Chapter 83 Liaison Liaison with Other Government Agencies and Other Entities [Reserved] [Reserved] Designation and Revocation of Civil Surgeons Recommendation to the Department of State for Revocation of a U.S. Passport Appendices viii

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