Volume 1 - General Policies and Procedures
Resources
13 U.S.C. 8 - Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received
29 U.S.C. 701 - Rehabilitation Act
44 U.S.C. 31 - Federal Records Act of 1950, as amended - Records management by federal agencies
5 U.S.C. 552 - Freedom of Information Act - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. 552a - Privacy Act of 1974, as amended - Records maintained on individuals
5 U.S.C. 552a(b) - Conditions of disclosure
8 CFR 103.16 - Collection, use and storage of biometric information
8 CFR 103.2 - Submission and adjudication of benefit requests
8 CFR 103.7 - Fees
8 CFR 103.7(c) – Waiver of fees
8 CFR 208.6 - Disclosure to third parties
8 CFR 244.16 - Confidentiality in temporary protected status for nationals of designated states cases
8 CFR 245a.2 - Application for temporary residence
8 CFR 245a.21 - Confidentiality in Legal Immigration Family Equity (LIFE) Act cases
8 CFR 245a.3 - Application for adjustment from temporary to permanent resident status
8 U.S.C. 1367 - Penalties for disclosure of information
8 U.S.C. 1641 - Restrictions on public assistance
Delegation of Authority 0105.1 - Delegation to the Bureau of Citizenship and Immigration Services
INA 101(i)(1) - Referral to nongovernmental organization
INA 105 - Liaison with internal security officers
INA 245A(c)(4) - Limitation on access to information
INA 286(m) - Immigration examinations fee account
INA 291 - Burden of proof upon alien
Pub. L. 101-649 (PDF) - Section 153 of the Immigration Act of 1990 (IMMACT 90) - Special immigrant status for certain aliens declared dependent on a juvenile court
Pub. L. 107-296 (PDF) - Homeland Security Act of 2002
Appendices
On Sept. 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (PDF).
While the rule is preliminarily enjoined, we will continue to:
- Accept USCIS forms with the current editions and current fees; and
- Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 (PDF, 2.87 MB) and 10.10 (PDF, 2.87 MB).
|
Category and Definition |
Examples and Contact Information |
|---|---|
|
Complaint Any communication received by USCIS expressing dissatisfaction with USCIS. Complaints can be categorized as either “case-specific” or “non-case-specific.”[1] Case-specific complaints directly relate to cases processed by USCIS. Non-case-specific complaints refer to any dissatisfaction with USCIS that does not relate to a specific case. |
Case-Specific Complaints
Non-Case-Specific Complaints
Contact Information USCIS offices, in-person or by mail. See Find a USCIS Office page on the USCIS website. USCIS Contact Center |
|
Misconduct Actions of a USCIS employee or contractor that can be considered extreme or outrageous, including, but not limited to, criminal activity.[2] |
Contact Information DHS Office of Inspector General (OIG) Mail: DHS, OIG/MAIL STOP 0305 USCIS Office of Security and Integrity (OI) Mail: Office of Investigations |
Footnotes
[^ 1] See Volume 1, Public Services, Chapter 9, Feedback, Complaints, and Reporting Misconduct [1 USCIS-PM A.9].
[^ 2] See Volume 1, Public Services, Chapter 9, Feedback, Complaints, and Reporting Misconduct [1 USCIS-PM A.9].
Healthcare Certification[1]
[Date]
To Whom It May Concern:
I am a licensed [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist], and I have treated or evaluated [patient’s name] in relation to [patient’s name]’s gender identity. In my professional opinion, [patient’s name]’s gender identity is consistent with a designation of [male or female].
Patient’s Information:
Full Name:
Date of Birth:
Healthcare Professional’s Information:
Full Name:
Organization (if any):
Address:
Phone Number:
License Type: [counselor, nurse practitioner, physician, physician assistant, psychologist, social worker, or therapist]
License Number:
Issuing State, Country, or other Jurisdiction of License:
Sincerely,
[Healthcare Professional’s Signature]
[Healthcare Professional’s Printed Name]
Footnote
[^ 1] This format and language is one example of an acceptable healthcare certification letter; officers should accept other language and formats as long as they satisfy the requirements set out in Chapter 5, Verification of Identifying Information, Section C, Personal Information, Subsection 2, Gender [1 USCIS-PM E.5(B)(2)].
Updates
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 August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see our litigation summary.
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 (EB-4) Adjustment
7 USCIS-PM M - Part M - Asylee Adjustment
11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures
U.S. Citizenship and Immigration Services (USCIS) is consolidating existing policy guidance in the USCIS Policy Manual regarding the discretionary analysis required in the adjudication of certain benefit requests, including certain applications for employment authorization.
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 (PDF) between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
12 USCIS-PM - Volume 12 - Citizenship and Naturalization
8 USCIS-PM - Volume 8 - Admissibility
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
7 USCIS-PM - Volume 7 - Adjustment of Status
This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 1, 3.4, 10.2, 10.3(a), 10.3(c), 10.3(e), 10.3(i), 10.4, 10.22, 11.1(c), 13, 14, 17, 23.8, 31.7, 33.10, 34.5, 35, 41.6, 42, 44, 56.1, 56.3, 56.4, 62, 81, 82, 83.1, 83.2, and 83.3 of the AFM, related appendices, and policy memoranda.
U.S. Citizenship and Immigration Services (USCIS) is incorporating general information on USCIS’ use of photographs as biometrics.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission of benefit requests to USCIS.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the availability of mobile biometrics services and clarify guidance on the validity period for fingerprint waivers.
This technical update incorporates into Volume 1 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced October 25, 2019, regarding submission and acceptance of fees for immigration benefit requests. USCIS published this guidance with an effective date of December 2, 2019. Note: On December 11, 2019, the Federal District Court for the Northern District of California in Seattle v. DHS enjoined the Department of Homeland Security from requiring use of the new version of Form I-912, Request for Fee Waiver. USCIS has noted this in the corresponding Policy Manual guidance and reinstated the prior fee waiver policy guidance at AFM 10.9 (PDF, 2.87 MB) and 10.10 (PDF, 2.87 MB).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission and acceptance of fees for immigration benefit requests, with an effective date of December 2, 2019. Note: On December 11, 2019, the Federal District Court for the Northern District of California in Seattle v. DHS enjoined the Department of Homeland Security from requiring use of the new version of Form I-912, Request for Fee Waiver. USCIS has noted this in the corresponding Policy Manual guidance and reinstated the prior fee waiver policy guidance at AFM 10.9 (PDF, 2.87 MB) (PDF, 2.87 MB) and 10.10 (PDF, 2.87 MB) (PDF, 2.87 MB).
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”].
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
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service.