Adjudicator field manual 23.8

Submission of Benefit Requests. This update incorporates into Volumes 2, 8, and 12 policy guidance that U. Public Charge Ground of Inadmissibility. Biometric Service Updates. Replacing Permanent Resident Card. Implementation of Fees for Submission of Benefit Requests.

This technical update incorporates into Volume 1 the policy guidance that U. Fees for Submission of Benefit Requests. Replacing the Term "Foreign National". 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 a 3 ["any person not a citizen or national of the United States"].

This technical update clarifies that, in circumstances involving the replacement or reissuance of a Permanent Resident Card, an Application to Replace Permanent Resident Card Form I is always required as outlined in form instructions and regulations.

Employment Authorization for Parolees. This technical update incorporates clarifications regarding the Department of State DOS 's "day rule. This technical update incorporates minor clarifying editorial changes to the policy guidance regarding the Medical Certification for Disability Exceptions Form N 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.

Policies and Procedures for Secure Identity Documents. Immigrant Investors and Debt Arrangements. Use of Form GA. Special Naturalization Provisions for Children. Authorized Medical Professionals. This technical update provides clarification on the medical professionals medical doctors, doctors of osteopathy, and clinical psychologists authorized to complete a written evaluation of medical condition in connection with an oath waiver request.

Geographic Area of a Regional Center. Certificates of Citizenship for U. National Children. This technical update clarifies that a person who is born a U. Rescinding Tenant-Occupancy Methodology. This technical update clarifies that the rescission of the policy regarding the tenant-occupancy methodology does not affect petitions pending on May 15, the date USCIS announced the rescission.

Child Status Protection Act. Acquisition of U. Citizenship for Children Born Out of Wedlock. This technical update clarifies that the Secretary of Homeland Security has, through the Director of USCIS, delegated the authority to administer the Oath during an administrative naturalization ceremony to certain USCIS officials who can successively re-delegate the authority within their chains of command. This technical update clarifies that foreign nationals may apply for military naturalization after the certification of honorable service has been properly processed by the U.

Waiver Policies and Procedures. Biometrics Requirements for Naturalization. Administrative Naturalization Ceremonies. This technical update clarifies that naturalization applicants are not required to intend to reside permanently in the United States after becoming U. Registration of Lawful Permanent Resident Status.

Citizenship Ground of Inadmissibility. This technical update clarifies that, for purposes of naturalization under INA , the current period designated by Presidential Executive Order July 3, , as a period in which the U. Determining Extreme Hardship. Adjustment of Status Policies and Procedures and a Adjustment.

Modifications to Oath of Allegiance for Naturalization. This technical update clarifies that along with reviewing for absences of more than 6 months, officers review whether an applicant for naturalization with multiple absences of less than 6 months is able establish the required residence and physical presence for naturalization. This technical update clarifies that the child of a U. Classification of Aliens under Section a 15 L and b 1 C. Provisions for the V Nonimmigrant Classification. Temporary Protected Status.

Deferred Enforced Departure. Victims of Trafficking in Persons and other Crimes. U Immigrants [Chapter added AD; ]. T Immigrants. Section a 4 of the Act — Public Charge [Reserved]. Section a 7 of the Act — Documentation Requirements [Reserved]. Section a 8 of the Act — Ineligible for Citizenship [Reserved]. Section a 10 of the Act — Miscellaneous [Reserved]. Waiver of Excludability for Immigrants.

Waiver of Medical Grounds of Inadmissibility. Waivers of Inadmissibility for Refugees and Asylees. Expeditious Adjudication of Waivers of Inadmissibility [Chapter Consent to Reapply After Deportation or Removal. Adjudication Process. Waiver of Section e Foreign Residence Requirement. General Considerations.

Waiver Based on a Claim of Persecution. Waiver Based on a Request by a U. Application to Replace Permanent Resident Card. Historical Information. Adjudication and Production Processes and Issues. Form I Renewal Policy and Procedure. Reentry Permits. Filing and Receipting Procedures. Production and Delivery. Refugee Travel Documents. Special Considerations. Advance Parole Documents and Boarding Letters.

Employment Authorization Documents. Kickapoo Cards. North American Indians Born in Canada. Fines and Liquidated Damages. Acquisition and Derivation. Overview of the Examination Process. Examination Preparation. Decision Process. The Eligibility Requirements for Naturalization. Lawfully Admitted for Permanent Residence. Continuity of Residence. Physical Presence.

Good Moral Character. Attachment to the Constitution. English and Civics. Examination of Form N General Information and Introduction to Form N Closing Actions. The Oath of Naturalization. The Oath. The Oath Ceremony.

Ceremony-Related Issues. This means that an American Indian born in Canada cannot be barred from crossing and recrossing the border, including for criminal convictions. An earlier interpretation that they could be expelled for deportable acts was reversed. See, e. Saxbe, F. Maine See also 8 C. Maine affirming the right of Canadian born American Indians to enter the United States without having to fulfill the immigration requirements imposed on other aliens ; Matter of Yellowquill, 16 I.

The USCIS Adjudicators Field Manual states that eligibility is usually shown by "tribal certification that is based on reliable tribal records, birth certificates, and other documents establishing the requisite percentage of Indian blood.

Thanks to Sheila Stuhlman. Southern border tribes like the OOdham may not even be able to convey United States citizenship to Mexican tribal members by birth, although it is less clear what rights they have to cross back and forth across the U. Decision Process.

The Eligibility Requirements for Naturalization. Lawfully Admitted for Permanent Residence. Continuity of Residence. Physical Presence. Good Moral Character. Attachment to the Constitution. English and Civics. Examination of Form N General Information and Introduction to Form N Closing Actions. The Oath of Naturalization.

The Oath. The Oath Ceremony. Ceremony-Related Issues. Non-Adversarial Interview Techniques. The New Affidavit Of Support. Orphan Case Related Cables to Consulates.

American Associations of Blood Banks. Department of Defense, U. Department of Veterans Affairs, and U. Civil Surgeon List. Nicaraguan Nationality Requirements. Haitian Nationality Requirements. Basic Sworn Statement for Section 13 Cases. Matter of Buschini. Points of Contact for EB-5 Cases. Interpretation of Specialized Knowledge. After Deportation or Removal. Addendum to Section e Waiver Approvals. Nationality Chart 3 - Derivative Citizenship of Children.

Prior Laws Affecting Citizenship Claims. Processing Worksheet for N Cases. NQP4 Procedures. N Processing Worksheets Clarifications. Naturalization File Transfer Procedures. Complete File Review Implementation. Disability Naturalization Applications. Faciliated Military Service Member Naturalization. Scheduling Military N Cases.