Part A - Adjustment of Status Policies and Procedures

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Part A - Adjustment of Status Policies and Procedures | USCIS

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Updates

INA

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Part A - Adjustment of Status Policies and Procedures

Resources

Legal Authorities

22 CFR 42.12 - Rules of chargeabiliity

8 CFR 1.2 - Definitions

8 CFR 103.2 - Submission and adjudication of benefit requests

8 CFR 103.7 - Fees

8 CFR 1245.2 - Application

8 CFR 204.12(f) - May a physician practice clinical medicine in a different underserved area?

8 CFR 204.5(e) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(h) - Aliens with extraordinary ability

8 CFR 208.24 - Termination of Asylum

8 CFR 209.1(d) - Adjustment of status of refugees - Interview

8 CFR 209.2(e) - Adjustment of status of alien granted asylum - Interview

8 CFR 245.2(a) - Application for adjustment of status

8 CFR 245.23(e)(3) - Evidence relating to discretion for adjustment of status in T nonimmigrant classification

8 CFR 245.24(d)(11) - Evidence relating to discretion for adjustment of status in U nonimmigrant status

8 CFR 245.6 - Interviews for adjustment of status

9 FAM 502.1-1(C) - Principal and derivative beneficiaries

9 FAM 503.3-2 - Determining priority dates

INA 101(b)(1) - Definition of child

INA 101(g) - Definition of removal

INA 201(f) - Rules for determining whether certain aliens are immediate relatives

INA 203(b) - Preference allocation for employment-based immigrants

INA 203(h) - Rules for determining whether certain aliens are children

INA 204(j) - Job flexibility for long delayed applicants for adjustment of status to permanent residence

INA 204(l) - Surviving relative consideration for certain petitions and applications

INA 207(c)(2)(B) - Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse, or child

INA 208(b)(3)(B) - Continued classification of certain aliens as children

INA 209(a)(1) - Inspection and examination by Department of Homeland Security

INA 209 , 8 CFR 209 - Adjustment of status of refugees and asylees

INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission

INA 212(e) - Educational visitor status; foreign residence requirement and waiver

INA 213A , 8 CFR 213a - Requirements for sponsor's declaration of financial support

INA 214(l) - Restrictions on waiver

INA 244 , 8 CFR 244 - Temporary protected status

INA 245(a) - Adjustment of status

INA 245(c) - Bars to adjustment of status

INA 245(i) , 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States

INA 245(k) - Inapplicability of certain provisions for certain employment-based immigrants

INA 245 , 8 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

INA 291 - Burden of proof upon alien

Pub. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991

Pub. L. 107-208 (PDF) - Child Status Protection Act

Forms

AR-11, Change of Address

G-1055, Fee Schedule

G-1256, Declaration for Interpreted USCIS Interview

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

G-325A, Biographic Information

I-130, Petition for Alien Relative

I-140, Immigrant Petition for Alien Worker

I-360, Petition for Amerasian, Widow(er), or Special Immigrant

I-485 Supplement A, Adjustment of Status Under Section 245(i)

I-485, Application to Register Permanent Residence or Adjust Status

I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities

I-526, Immigrant Petition by Standalone Investor

I-566, Interagency Record of Request - A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status

I-589, Application for Asylum or Withholding of Removal

I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)

I-693, Report of Medical Examination and Vaccination Record

I-730, Refugee/Asylee Relative Petition

I-864, Affidavit of Support Under Section 213A of the INA

I-864A, Contract Between Sponsor and Household Member

I-864EZ, Affidavit of Support Under Section 213A of the INA

I-864P, Poverty Guidelines

I-912, Request for Fee Waiver

Other Materials

How to Use the USCIS Policy Manual Website

Appendices

Appendix: Update on Interpretation of Sought to Acquire

The INA 203(h) age calculation applies provided the applicant “sought to acquire” lawful permanent resident (LPR) status within 1 year of a visa becoming available. In Matter of O. Vazquez, the Board of Immigration Appeals (BIA) found that the term “sought to acquire” was ambiguous and that the alien might also satisfy the provision “by showing that there are extraordinary circumstances in the case, particularly those where the failure to timely file was due to circumstances beyond their control.” [1]

However, neither Matter of O. Vasquez nor other authorities address how to treat the visa availability periods of less than 1 year that coincide with an alien’s period of extraordinary circumstances for purposes of INA 203(h) . In the absence of extraordinary circumstances, USCIS provides the applicant with another 1-year period to seek to acquire when the visa next becomes available again solely to ensure that the applicant has the benefit of the entire 1-year period afforded by Congress under INA 203(h) . [2] Once the visa next becomes available, the applicant’s Child Status Protection Act (CSPA) age is calculated based on this next visa availability date. [3] USCIS has not previously issued policy guidance regarding extraordinary circumstances and the unavailability of a visa.

In accordance with Matter of O. Vazquez, if the applicant establishes that extraordinary circumstances prevented the potential applicant from timely filing an adjustment of status application or otherwise seeking to acquire LPR status when a visa is available for less than a year, then it is reasonable for the agency to find that the applicant satisfied the sought to acquire provision during that period. Because USCIS had not previously addressed the issue of extraordinary circumstances and failure to seek to acquire prior to unavailability, the foregoing policy is new guidance. Accordingly, USCIS is supplementing its interpretation here.

If USCIS were to account for extraordinary circumstances only during periods when the visa was available for a continuous 1-year period, but not during periods when the visa was available for less than 1 year, then USCIS would have to use the next visa availability date for purposes of an age calculation. [4] This would be the case even though it was beyond the control of the applicant to file earlier because of extraordinary circumstances. USCIS believes such an interpretation of the sought to acquire requirement, considering the statutory scheme limiting visa availability and the potential for visa retrogression in preference cases, does not comport with the interpretation of “sought to acquire” as provided in the BIA’s decision in Matter of O. Vazquez .

By issuing this guidance, USCIS is clarifying the interplay between the statutory scheme governing visa limitations and the BIA’s interpretation of “sought to acquire.” Through this guidance, USCIS provides new, clear instructions and ensures a uniform approach within the agency. The updated guidance, moreover, is consistent with the purpose of the CSPA, to protect certain beneficiaries from losing eligibility for immigrant visas due to aging out. USCIS also has considered the extent to which this policy update may adversely impact interested parties or upset reliance interests. Given that the guidance is a product of an interplay between statutory provisions governing visa limitation and binding BIA precedent, and the fact that USCIS previously did not have any guidance on the issue of a visa becoming unavailable during the first year of availability, the existence of extraordinary circumstances during the initial period of availability, and failure to seek to acquire during the initial period of availability, USCIS believes interested parties will have only developed serious reliance interests, if at all, based on the holding of Matter of O. Vazquez .

USCIS recognizes that given the visa allocation scheme provided by Congress, this new policy guidance means that some aliens may be eligible for CSPA benefits because they will be considered a child based on an earlier visa availability date, which in turn may cause other visa applicants to wait longer for an available visa. However, the current statutory scheme which permits certain individuals to be considered children for immigration purposes already results in other aliens having to wait longer for a visa to become available. Given that the updated guidance aims to ensures a uniform interpretation of law and provide guidance in an area that has not been expressly addressed, the implications of this guidance are generally likely to adversely affect the same proportion of individuals as those impacted by USCIS’ current implementation of CSPA. USCIS considers this impact to be outweighed by the benefits of avoiding family separation so that eligible aliens may adjust status with their parents. For these reasons, USCIS believes that, if there are any, reliance interests do not outweigh the benefits provided by this updated guidance.

Therefore, USCIS believes that Matter of O. Vazquez is best implemented by considering an applicant to satisfy the sought to acquire provision when the visa is available for less than 1 year if the alien did not apply during that period but the period is covered by extraordinary circumstances.

Footnotes

[^ 1] See Matter of O. Vazquez (PDF) , 25 I&N Dec. 817, 820 (BIA 2012) (“Moreover, an alien might satisfy the ‘sought to acquire’ provision by showing that there are other extraordinary circumstances in the case, particularly those where the failure to timely file was due to circumstances beyond the alien’s control.”).

[^ 2] See Matter of O. Vasquez (PDF) , 25 I&N Dec. 817, 820 (BIA 2012) (the reference to one year in INA 203(h) is a “key phrase [of section 203(h)(1)(A)] establish[ing] the amount of time afforded to the alien to take advantage of ‘age-out’ protection”).

[^ 3] See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section F, Family and Employment-Based Preference and Diversity Immigrants, Subsection 6, Visa Was Available but Becomes Unavailable Before an Application is Filed [ 7 USCIS-PM A.7(F)(6) ].

[^ 4] See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section G, Sought to Acquire Requirement, Subsection 2, Visa Availability and the Sought to Acquire 1-Year Period [ 7 USCIS-PM A.7(G)(2) ].

Appendix: Update on Visa Availability and Child Status Protection Act Age Calculation

On August 8, 2025 (effective August 15, 2025), USCIS issued policy guidance clarifying an immigrant visa becomes available for the Child Status Protection Act (CSPA) age calculation based on the Final Action Dates chart of the U.S. Department of State (DOS) Visa Bulletin. [1] Previously, USCIS issued policy guidance on February 14, 2023, that considered an immigrant visa available for CSPA age calculation at the same time USCIS considered a visa immediately available for accepting and processing the adjustment of status application. [2]

For purposes of determining visa availability, USCIS consults the DOS Visa Bulletin. [3] Until October 2015, DOS published only one chart in the Visa Bulletin that allowed USCIS officers to assess when a visa was available for allocation and issuance. That Visa Bulletin chart in effect corresponded to what is currently the “Final Action Dates” chart. In October 2015, DOS began publishing two charts in the DOS Visa Bulletin consisting of a “Dates for Filing” chart (which notifies beneficiaries when they may assemble and submit required documents to the DOS National Visa Center (NVC)) and a Final Action Dates chart (which informs when a visa is authorized for issuance).

Between the enactment of the CSPA in 2002 and October 2015, it was understood that an immigrant visa “bec[ame] available” for the CSPA age calculation based on the chart published in the Visa Bulletin now known as the Final Action Dates chart. On May 23, 2018, following the publication of the two charts in the Visa Bulletin, USCIS issued policy guidance clarifying that it continued to only consider a visa available for the CSPA age calculation based on the Final Action Dates chart. [4]

On February 14, 2023, USCIS issued updated policy guidance that a visa becomes available to calculate CSPA age for an alien at the same time USCIS considers a visa immediately available for accepting and processing the adjustment of status application. [5] When USCIS determined there were more immigrant visas available for a fiscal year than there were known aliens for such visas, and USCIS designated the Dates for Filing chart of the DOS Visa Bulletin [6] to determine eligibility for filing adjustment of status applications, then USCIS used the Dates for Filing chart when calculating the alien’s CSPA age. When USCIS designated the Final Action Dates chart of the DOS Visa Bulletin for use by aliens when filing adjustment of status applications, then USCIS used the Final Action Dates when calculating the alien’s CSPA age. [7]

Neither CSPA nor DHS regulations define when a visa becomes available for purposes of the CSPA age calculation under INA 203(h) , and there are no precedent federal court decisions or published administrative decisions on this issue. USCIS carefully considered the February 14, 2023 interpretation of INA 203(h) , including in light of the Supreme Court decision in Loper Bright Enterprises v. Raimondo ( Loper Bright ). [8] USCIS believes that utilizing the Final Action Date is the most faithful alignment with the statutory text of INA 203(h) [9] and the structure of INA 203 as a whole, [10] and effectuates the purpose of INA 203(h) as recognized by courts. [11] Contrasted with INA 201(f)(1) , which broadly freezes the age of certain immediate relatives on the date of filing the immigrant petition, INA 203(h)(1) permits only certain preference aliens to be deemed a child for immigration purposes based on a particular formula which, when enacted, was centered around when a visa could actually be allocated and used for adjustment of status or immigrant visa processing. For adjustment cases, the application of the provisions of INA 203(h) is generally a retrospective analysis conducted at the time of final adjustment adjudication alone as opposed to eligibility to file under INA 245(a) .

Furthermore, using the Final Action Date chart is most consistent with the longstanding interpretation of INA 203(h) that USCIS had relied on prior to February 14, 2023, and is closest to the contemporaneous understanding of visa availability at the time Congress enacted CSPA. Interpretations issued contemporaneously with the statute, and which have remained consistent over time, are especially useful in determining the statute’s meaning. [12] When Congress enacted CSPA, it did so with the knowledge and understanding of existing law and processes provided by the agencies within their authorities and expertise, including the operation of the DOS Visa Bulletin. [13] DOS and USCIS utilized the Final Action Date chart for purposes of the CSPA age calculation under INA 203(h) until the February 14, 2023 policy change, and this interpretation had remained consistent for over 20 years.

Finally, by returning to the Final Action Dates chart for purposes of the CSPA age calculation, [14] DHS ensures a uniform interpretation of INA 203(h) across government agencies and establishes parity for CSPA age calculations for aliens who apply for adjustment of status with USCIS and immigrant visas with DOS. After the February 14, 2023 policy update, USCIS and DOS interpreted INA 203(h) inconsistently, which resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States and aliens who applied for an immigrant visa with DOS abroad. Even after implementing the October 2015 changes to the Visa Bulletin, DOS considered the Final Action Dates chart of the DOS Visa Bulletin as the only dates that should be used to calculate the CSPA age for aliens who apply for an immigrant visa. [15] Therefore, an alien filing for adjustment of status in the United States may have been considered a child for immigration purposes under CSPA when USCIS designates the earlier dates in the Dates for Filing chart while an alien who must apply for an immigrant visa outside the United States may have been ineligible to immigrate as a child if his or her calculated CSPA age is 21 or older when a visa became available according to the later dates in the Final Action Dates chart. [16]

USCIS is cognizant that the February 14, 2023 policy may have engendered reliance interests, and USCIS has assessed the impact of this policy change on aliens, including aliens with a pending adjustment of status application. This policy change means that the alien could have a visa immediately available for purposes of filing the adjustment of status application while a visa may not have become available under the Final Action Date chart for purposes of the CSPA calculation, if USCIS designates the Dates of Filing chart for purposes of filing adjustment of status applications in a given month. In this circumstance, the alien may file the adjustment application and pay the fee without knowing for certain whether he or she would be considered a child for immigration purposes under CSPA and, thus, whether the alien would be eligible for adjustment of status application once a visa is available to calculate his or her CSPA age. That was one of the triggering reasons for the February 14, 2023 policy. However, as explained, the February 14, 2023 policy has neither been longstanding nor are these considerations of such nature that they would be engendering significant reliance interests for aliens who are impacted by the policy guidance that is effective on August 15, 2025, specifically, aliens who have not yet filed adjustment of status applications. [17]

Every alien filing a request with USCIS assumes the risk that he or she may be ineligible for the benefit under U.S. immigration laws, and thus, may have paid a USCIS fee without obtaining the benefit. Aliens seeking eligibility to adjust status believing that they are considered a child under CSPA are no different. The short duration of the policy, and the lack of associated rights related to the February 14, 2023 guidance for aliens who file adjustment of status applications after the policy guidance that is effective on August 15, 2025, the fact that such aliens have not paid a fee for an adjustment of status application, and the absence of any guarantee that the alien would be eligible to remain a child under INA 203(h) or that the application for adjustment of status will be approved as a matter of discretion dilutes the strength of the alien’s reliance on the past practice. [18] Thus, while USCIS is always cognizant of any reliance interests no matter how small, USCIS believes that, for the reasons outlined in the policy guidance, the policy concerns addressed with this update outweigh the alien’s concerns that prompted the February 14, 2023 policy. [19]

To address reliance interests of those aliens who have already filed adjustment of status applications, USCIS determined that it will apply this policy change prospectively only to applications filed on or after August 15, 2025. USCIS continues to apply the February 14, 2023 policy to aliens whose adjustment of status application are pending with USCIS before August 15, 2025.

Moreover, if an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the former policy between February 14, 2023 and August 14, 2025 where a visa was available for CSPA age calculations at the same time a visa was immediately available for an alien to apply for adjustment of status under the February 14, 2023 policy, USCIS calculates the alien’s age under that former policy.

Footnotes

[^ 1] See Revising Age Calculation Under the Child Status Protection Act , PA-2025-15, issued August 8, 2025 (effective August 15, 2025).

[^ 2] See Age Calculation Under the Child Status Protection (PDF, 345 KB) , PA-2023-2, issued February 14, 2023.

[^ 3] See 8 CFR 245.1(g) .

[^ 4] See Child Status Protection Act (PDF, 167.53 KB) , PA-2018-05, issued May 23, 2018.

[^ 5] See Age Calculation under Child Status Protection Act (PDF, 345 KB) , PA-2023-02, issued February 14, 2023.

[^ 6] See the DOS Visa Bulletin webpage.

[^ 7] See Age Calculation under Child Status Protection Act (PDF, 345 KB) , PA-2023-02, issued February 14, 2023

[^ 8] See Loper Bright Enterprises v. Raimondo (PDF) , 603 U.S. 369 (2024).

[^ 9] At least one court has addressed the meaning of when an immigrant visa “becomes available” under INA 203(h) . In Lin Liu v. Smith, 515 F. Supp. 3d 193, 197 (S.D.N.Y. 2021), the court determined that the ordinary meaning of the term “available” under INA 203(h) meant that “a visa number cannot be considered available until it can be issued legally,” and thus, found that DOS was correct to tether availability for purposes of INA 203(h) to the Final Action Dates chart. The holding in this District court decision does not have precedential value and is not binding on USCIS, see, for example, Matter of Rosales Vargas , 27 I&N Dec. 745, 749 n.7 (BIA 2020); nevertheless, USCIS believes that the reasoning contained in this decision is persuasive in the context of “becomes available” under INA 203(h) .

[^ 10] Congress embedded INA 203(h) within INA 203 , which addresses the allocation of immigrant visas generally. In this section, Congress authorized DOS to administer the visa quota system consistent with numerical limitations imposed by Congress. See INA 203(e)-(g) . The statute authorizes DOS to make reasonable estimates of the anticipated numbers of visas to be issued and to rely on those numbers when authorizing the issuance of immigrant visas. See INA 203(e)-(g) . See 22 CFR 42.51 and 22 CFR 42.54 . The availability of an immigrant visa under INA 203(h) is thus closely tied to DOS’ allocation of immigrant visa numbers for the issuance of immigrant visas, for which DOS uses the Final Action Dates chart. See INA 245(b) (upon approval of an adjustment of status application under INA 245(a) , DOS reduces the number of corresponding visas authorized for issuance under INA 202 and INA 203 by one within the class to which the alien is chargeable for the fiscal year then current).

[^ 11] In analyzing the statute’s plain language and structure, as well as Congress’ contemporaneous understanding of immigration law at the time of the CSPA’s enactment, courts have recognized that Congress only intended the CSPA to address children aging out because of delays in the adjudication of immigrant petitions, not because of delays due to statutory limits on visa allocations. For example, see Scialabba v. Cuellar de Osorio , 573 U.S. 41, 53 (2014) (plurality op.) (“But the time in between—the months or, more likely, years the alien spends simply waiting for a visa to become available—is not similarly excluded in calculating his age: Every day the alien stands in that line is a day he grows older, under the immigration laws no less than in life. And so derivative beneficiaries, as well as principal beneficiaries of F2A petitions, can still ‘age out’ . . . prior to receiving an opportunity to immigrate.”). Using the Final Action Dates chart is more consistent with this purpose because it only mitigates the consequences of the administrative delays, but not any additional time spent waiting before DOS can authorize a visa number for issuance.

[^ 12] See Loper Bright Enterprises v. Raimondo (PDF) , 603 U.S. 369, 394 (2024).

[^ 13] For example, see H.R. Rep. 107-45 , p. 2, 2002 U.S.C.C.A.N. 640, 641(2001) (describing the mechanics of immigrant visa availability and the associated waiting list).

[^ 14] As it is the case with all USCIS Policy Manual guidance, this update to current USCIS policy guidance is based on USCIS’ interpretation of the applicable terms in the INA and the necessary policies and procedures to implement them. An agency is not required to use the Administrative Procedure Act’s (APA) notice-and-comment procedures to issue interpretive rules, general statements of policy or rules of agency organization and procedure or practice. See 5 U.S.C. 553 . Additionally, this policy guidance relates to the efforts of USCIS to control the status, exit, and entry of aliens, which constitutes a foreign affairs function under the APA. See 5 U.S.C. 553 . See Determination: Foreign Affairs Functions of the United States, 90 FR 12200 (PDF) (Mar. 14, 2025).

[^ 15] For more information on DOS’s CSPA policy, see 9 FAM 502.1 .

[^ 16] See Age Calculation Under the Child Status Protection (PDF, 345 KB) , PA-2023-2, issued February 14, 2023.

[^ 17] See, for example, DHS v. Regents of the Univ. of Cal., 591 U.S. 1, 33 (2020); see Encino Motorcars, LLC v. Navarro , 579 U.S. 211, 221-22 (2016).

[^ 18] See, for example, DHS v. Regents of the Univ. of Cal ., 591 U.S. 1, 33 (2020) (suggesting that considerations as to whether a policy confers substantive rights is pertinent in assessing the strength of reliance interests).

[^ 19] See Revising Age Calculation Under the Child Status Protection Act , PA-2025-15, issued August 8, 2025 (effective August 15, 2025).

Updates

POLICY ALERT - Signature Requirements for the Submission of Benefit Requests

July 10, 2026

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the signature requirements that apply when submitting immigration benefit requests.

Affected Sections

1 USCIS-PM B.2 - Chapter 2 - Signatures

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

POLICY ALERT - Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits

November 27, 2025

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual addressing the President’s recent exercise of his authority under section 212(f) of the Immigration and Nationality Act (INA) through Presidential Proclamation 10949, “Restricting the Entry of Foreign Nationals To Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats” (PP 10949) and its impact on USCIS adjudications.

On June 5, 2026, the U.S. District Court for the District of Rhode Island issued an order in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al. , 26-cv-00132-JJM-PAS (D.RI.), vacating PM 602-0192, PM 602-0194, and PA 2025-26. The Court entered its final judgment on June 11, 2026. In this case, the plaintiffs are non-governmental organizations and labor unions who represent millions of individuals who filed immigration applications.

USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.

The Policy Memoranda and the Policy Alert were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats , June 4, 2025, and Presidential Proclamation (PP) 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States , December 16, 2025, and to address the lack of screening, vetting, and the threat to national security and public safety.

With entry of final judgment this order is effective immediately, and pursuant to the court-ordered vacatur, applies agency-wide. Thus, the vacatur applies to PM 602-0192, PM 602-0194, and PA 2025-26, which should be treated as if they are not in effect.

USCIS will issue updated instructions pending further litigation developments.

Affected Sections

1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis

7 USCIS-PM A.10 - Chapter 10 - Legal Analysis and Use of Discretion

9 USCIS-PM A.5 - Chapter 5 - Discretion

10 USCIS-PM A.4 - Chapter 4 - Adjudication

POLICY ALERT - Clarifying Discretionary Factors in Certain Immigration Benefit Requests

August 19, 2025

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the factors that officers may consider in certain benefit requests where an exercise of discretion is required, including factors relating to aliens’ past requests for parole and any involvement in anti-American or terrorist organizations.

Affected Sections

1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

2 USCIS-PM F.8 - Chapter 8 - Change of Status, Extension of Stay, and Length of Stay

7 USCIS-PM A.10 - Chapter 10 - Legal Analysis and Use of Discretion

10 USCIS-PM A.4 - Chapter 4 - Adjudication

POLICY ALERT - Revising Age Calculation Under the Child Status Protection Act

August 08, 2025

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify when an immigrant visa becomes available for the purpose of calculating Child Status Protection Act (CSPA) age in certain situations. This guidance becomes effective August 15, 2025.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

Technical Update - Updating References to Notice to Appear Memorandum

June 12, 2025

This technical update revises references in the Policy Manual to refer to the memorandum Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens , issued on February 28, 2025.

Affected Sections

1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis

7 USCIS-PM A.10 - Chapter 10 - Legal Analysis and Use of Discretion

7 USCIS-PM B.7 - Chapter 7 - Other Barred Adjustment Applicants

7 USCIS-PM Q.2 - Chapter 2 - Eligibility

7 USCIS-PM Q.3 - Chapter 3 - Rescission Process

7 USCIS-PM Q.5 - Chapter 5 - Adjudication Procedures

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

Technical Update - Replacing the Term "Noncitizen"

February 26, 2025

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Age Calculation Under the Child Status Protection Act

September 25, 2024

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how to calculate the Child Status Protection Act (CSPA) age for a noncitizen who demonstrates extraordinary circumstances that may excuse the sought to acquire requirement under the CSPA.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

April 01, 2024

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.

Affected Sections

1 USCIS-PM B.1 - Chapter 1 - Purpose and Background

1 USCIS-PM B.3 - Chapter 3 - Fees

1 USCIS-PM B.4 - Chapter 4 - Fee Waivers and Fee Exemptions

1 USCIS-PM B.6 - Chapter 6 - Submitting Requests

2 USCIS-PM E.1 - Chapter 1 - Purpose and Background

2 USCIS-PM E.3 - Chapter 3 - Filing and Documentation

2 USCIS-PM J.7 - Chapter 7 - Admissions, Extensions of Stay, and Change of Status

2 USCIS-PM M.7 - Chapter 7 - Documentation and Evidence

2 USCIS-PM N.3 - Chapter 3 - Petitioners

5 USCIS-PM B.5 - Chapter 5 - Action on Pending or Approved Suitability Determinations

5 USCIS-PM C.7 - Chapter 7 - Documentation and Evidence

5 USCIS-PM C.8 - Chapter 8 - Adjudication

5 USCIS-PM D.4 - Chapter 4 - Eligibility Requirements Specific to Convention Adoptees

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

7 USCIS-PM A.8 - Chapter 8 - Transfer of Underlying Basis

POLICY ALERT - Sought to Acquire Requirement Under the Child Status Protection Act

August 24, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

Technical Update - Removing Outdated Alert Box and Revising Part Title

May 31, 2023

This technical update to Volume 7 removes an alert box that was superseded by the Policy Manual update on October 6, 2022. This technical update also removes “EB-4" from the title of Volume 7, Part F and makes related conforming edits.

Affected Sections

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

POLICY ALERT - Age Calculation under Child Status Protection Act

February 14, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age in certain situations.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - EB-5 Reform and Integrity Act of 2022

October 06, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022.

Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Immigrant Petition Eligibility Requirements

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM B.8 - Chapter 8 - Inapplicability of Bars to Adjustment

POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

July 01, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to address the proper mechanism for authorizing travel by temporary protected status (TPS) beneficiaries, and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas , 141 S.Ct. 1809 (2021).

Affected Sections

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

Technical Update - Request to Transfer Underlying Basis

February 23, 2022

This technical update to Volume 7 removes specific information about where to submit requests to transfer the underlying basis of a pending adjustment application and instead points readers to the instructions for requesting a transfer of basis on the USCIS website .

Affected Sections

7 USCIS-PM A.8 - Chapter 8 - Transfer of Underlying Basis

Technical Update - Adding References to the EB-5 Visa Program in Child Status Protection Act Guidance

July 26, 2021

This technical update to Volume 7 includes references to the EB-5 visa program and Form I-526, Immigrant Petition by Alien Investor, and clarifications regarding the Child Status Protection Act eligibility of derivative applicants of the VAWA-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

Technical Update - EB-5 Modernization Rule Vacatur

July 15, 2021

This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf , 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF) . While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.

Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Immigrant Petition Eligibility Requirements

6 USCIS-PM G.3 - Chapter 3 - Immigrant Petition Adjudication

6 USCIS-PM G.4 - Chapter 4 - Regional Center Applications

6 USCIS-PM G.5 - Chapter 5 - Project Applications

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines

December 15, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment of status applicants.

Affected Sections

7 USCIS-PM A.5 - Chapter 5 - Interview Guidelines

7 USCIS-PM L.5 - Chapter 5 - Adjudication Procedures

7 USCIS-PM M.5 - Chapter 5 - Adjudication Procedures

POLICY ALERT - Use of Discretion for Adjustment of Status

November 17, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications.

Affected Sections

7 USCIS-PM A.1 - Chapter 1 - Purpose and Background

7 USCIS-PM A.10 - Chapter 10 - Legal Analysis and Use of Discretion

POLICY ALERT - Age and “Sought to Acquire” Requirement under Child Status Protection Act

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA), to include how USCIS calculates age under certain contexts and what actions satisfy the “sought to acquire” requirement.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

Technical Update - Clarifying Requests for Relief Under INA 204(l)

September 22, 2020

This technical update clarifies how applicants and petitioners may request relief under INA 204(l).

Affected Sections

7 USCIS-PM A.9 - Chapter 9 - Death of Petitioner or Principal Beneficiary

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

September 02, 2020

Affected Sections

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

2 USCIS-PM - Volume 2 - Nonimmigrants

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

Technical Update - Foreign Residency Requirement

August 06, 2020

This technical update provides clarification on the 2-year foreign residence requirement for certain exchange visitors subject to INA 212(e).

Affected Sections

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

Technical Update - Removing Obsolete Form I-508F

June 18, 2020

This technical update removes references to Form I-508F, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. French nationals are covered by a special convention between France and the United States. Previously, French nationals were required to submit both Form I-508 and Form I-508F to USCIS. The 11/08/19 form edition combines information from both forms. Therefore, French nationals are now only required to submit Form I-508.

Affected Sections

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM F.6 - Chapter 6 - Certain G-4 or NATO-6 Employees and their Family Members

7 USCIS-PM O.3 - Chapter 3 - Children Born in the United States to Foreign Government Employees

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - National Interest Waiver Portability Provisions

May 20, 2020

This technical update clarifies guidance within the USCIS Policy Manual on portability for physicians with an approved immigrant petition based on a national interest waiver (NIW) applying for adjustment of status, and the applicability of the 2-year foreign residence requirement of INA 212(e) to certain NIW physicians.

Affected Sections

7 USCIS-PM A.8 - Chapter 8 - Transfer of Underlying Basis

Technical Update - Removing Obsolete Form I-864W

April 16, 2020

This technical update removes references to Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, which was discontinued by the Inadmissibility on Public Charge Grounds Rule and is no longer used by U.S. Citizenship and Immigration Services.

Affected Sections

7 USCIS-PM A.4 - Chapter 4 - Documentation

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Replacing the Term “Entrepreneur”

March 19, 2020

This technical update replaces instances of the term “entrepreneur” with “investor” throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule.

Affected Sections

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements

12 USCIS-PM G.5 - Chapter 5 - Conditional Permanent Resident Spouses and Naturalization

POLICY ALERT - Effect of Travel Abroad by Temporary Protected Status Beneficiaries with Final Orders of Removal

December 20, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by temporary protected status beneficiaries who have final removal orders.

Affected Sections

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

POLICY ALERT - EB-5 Immigrant Investor Program Modernization Final Rule

November 06, 2019

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective November 21, 2019. Note: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf , 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF) . While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019.

Affected Sections

6 USCIS-PM G.1 - Chapter 1 - Purpose and Background

6 USCIS-PM G.2 - Chapter 2 - Immigrant Petition Eligibility Requirements

6 USCIS-PM G.4 - Chapter 4 - Regional Center Applications

6 USCIS-PM G.5 - Chapter 5 - Project Applications

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Visa Retrogression

February 06, 2019

This technical update removes language that restricted USCIS officers’ ability to request a visa number from the Department of State in cases involving visa retrogression. As with all INA 245(a) adjustment cases, a visa must be available at the time of final adjudication.

Affected Sections

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

Technical Update - Child Status Protection Act

January 23, 2019

This technical update clarifies that certain child beneficiaries of family-sponsored immigrant visa petitions who are ineligible for the Child Status Protection Act may continue their adjustment of status application if the petition is automatically converted to an eligible category.

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Use of Form G-325A

October 25, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).

Affected Sections

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM B - Part B - 245(a) Adjustment

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

7 USCIS-PM L - Part L - Refugee Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

7 USCIS-PM O - Part O - Registration

POLICY ALERT - Child Status Protection Act

May 23, 2018

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA).

Affected Sections

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

POLICY ALERT - Adjustment of Status Interview Guidelines and Waiver Criteria

May 15, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating guidance regarding adjustment of status interview guidelines and interview waivers.

Affected Sections

7 USCIS-PM A.5 - Chapter 5 - Interview Guidelines

POLICY ALERT - Adjustment of Status Policies and Procedures and 245(a) Adjustment

February 25, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).

Affected Sections

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM B - Part B - 245(a) Adjustment

Current as of September 18, 2026

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