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Agencies & Liaison
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Agency Memos, Cables, Letters & Guidance
USCIS FOIA Processing Guide
(14998 KB - 12/23/2013)
In a USCIS FOIA response to a request for the USCIS FOIA manual, USCIS provided the USCIS FOIA/Privacy Act Processing Guide, dated 9/27/13. Special thanks to Shawn Musgrave.
AILA Doc. No. 13122343.
USCIS Fact Sheet on New and Revised E-Verify MOUs
(558 KB - 11/27/2013)
USCIS fact sheet stating that on December 8, 2013, E-Verify will release new and revised Memorandums of Understanding (MOUs) tailored to each access method and including several updated provisions.
AILA Doc. No. 13112743.
USCIS Memo on Family-Based Automatic Conversion and Priority Date Retention Pending Ruling on
Mayorkas v. Cuellar de Osorio
(515 KB - 11/22/2013)
USCIS policy memo providing guidance for properly handling certain family-based automatic conversions and priority date retention requests pending a Supreme Court ruling on
Mayorkas v. Cuellar de Osorio
. Until then,
Matter of Wang
remains in effect and binding on USCIS.
AILA Doc. No. 13112251.
USCIS Policy Memo on Precedent and Non-Precedent Decisions From the AAO
(954 KB - 11/21/2013)
USCIS policy memo and accompanying revisions to the AFM on the distinction between and proper use of precedent and non-precedent AAO decisions.
AILA Doc. No. 13112145.
USCIS Memo on Adjudication of Adjustment Applications for Individuals Admitted to the U.S. Under the VWP
(552 KB - 11/19/2013)
USCIS policy memorandum dated 11/14/13, updating Chapters 10.3 and 23.5 of the AFM and providing guidance on the adjudication of Form I-485 filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP).
AILA Doc. No. 13111840.
USCIS Interim Memo with Additional Guidance on Determining Periods of Admission for Previously Admitted H-4 Nonimmigrants
(525 KB - 11/18/2013)
USCIS interim memo dated 11/11/13, updating Chapter 31.2(d)(2) of the AFM, clarifying that time spent as an H-4 dependent does not count against the maximum allowable periods of stay available to H-2A, H-2B, or H-3 principals. Comments accepted until 12/2/13 and memo is in effect.
AILA Doc. No. 13111801.
USCIS Memo on Parole for Spouses, Children, and Parents of Members of the Military
(1302 KB - 11/15/2013)
USCIS 11/15/13 memo amending Chapter 21.1 of the AFM, on the adjudication of parole requests made for individuals who are present without admission or parole and who are spouses, children, and parents of active duty, reserve members, and veterans of the U.S. Armed Forces or Selected Reserve.
AILA Doc. No. 13111545.
USCIS Policy Memo on Determining Periods of Admission for Previously Admitted H-4 Nonimmigrants
(2563 KB - 11/11/2013)
USCIS policy memo with additional guidance regarding how Immigration Services Officers should determine periods of admission, stating that time spent as an H-4 dependent does not count against the maximum allowable periods of stay available to principals in H-2A, H-2B, or H-3 status.
AILA Doc. No. 13111190.
USCIS Updated Guidance on Language Certification for Asylum Officers
(549 KB - 11/8/2013)
A 9/30/13 memo from John Lafferty, Chief of Asylum Division, announcing updated guidance for language-certified Asylum Officers to conduct credible and reasonable fear interviews in a language other than English; and provides procedures for obtaining language certification from DOS.
AILA Doc. No. 13110841.
USCIS Issues Updated Affirmative Asylum Procedures Manual
(619 KB - 11/8/2013)
A 9/30/13 memo from John Lafferty, Chief of Asylum Division, announcing the issuance of a revised Affirmative Asylum Procedures Manual (“AAPM”) which contains both format and substantive changes. The revised manual supersedes the version issued in November 2007.
AILA Doc. No. 13110840.
USCIS Revised Decision Letter Templates as Appendices to the AAPM
(509 KB - 11/8/2013)
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, announcing the issuance of revised decision letter templates to replace the current versions that are appendices to the Affirmative Asylum Procedures Manual (“AAPM”).
AILA Doc. No. 13110809.
USCIS Revised Procedures on Failure to Appear for Asylum Interviews and Reschedule Requests
(646 KB - 11/8/2013)
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ governing an asylum applicant’s failure to appear for an asylum interview and the submission of requests to reschedule an asylum interview.
AILA Doc. No. 13110808.
Application of the "Exceptional Circumstance" Standard in Cases Where Applicant Failed to Appear for Asylum Interview
(747 KB - 11/8/2013)
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ application of the “exceptional circumstances” standard in cases where an applicant has failed to appear for an asylum interview.
AILA Doc. No. 13110807.
Interim Procedures for Adding Same-Sex Derivative Spouses to Asylum Applications
(520 KB - 11/8/2013)
A 8/2/13 memo from John Lafferty, Chief of Asylum Division, providing interim procedural guidance to USCIS Service Centers’ handling of I-589’s filed by same-sex spouses.
AILA Doc. No. 13110806.
Neufeld Memo on Interim Procedure for Data Entry of Same-Sex Marriage Asylum Applications
(510 KB - 11/8/2013)
A 8/2/13 memo from Donald Neufeld providing interim procedural guidance to USCIS Service Centers’ handling of I-589’s filed by same-sex spouses.
AILA Doc. No. 13110805.
ICE Memo on Use of Information Provided by Individuals Applying for Healthcare Under ACA
ICE memo dated 10/25/13 stating that it does not use information about individuals or members of their household that an individual may provide when determining eligibility for health care coverage, as the basis for pursing a civil immigration enforcement action.
AILA Doc. No. 13103053.
USCIS FOIA Response For Documents Related to DACA
USCIS FOIA response for request of documents related to deferred action since 6/17/11 and Consideration of Deferred Action for Childhood Arrivals (DACA) since 8/15/12. Documents received include 9/13/12 Standard Operating Procedures (SOP) for DACA. Special thanks to Shoba Sivaprased Wadhia.
AILA Doc. No. 13103046.
USCIS Evidence Training Module for Cases in RAIO Directorate
(827 KB - 10/25/2013)
USCIS training module dated 6/6/13 describing the types of evidence and the burden and standards of proof for applications for benefits in the RAIO Directorate, including language stating that the “clearly and beyond doubt” standard is comparable to the “clear and convincing standard.”
AILA Doc. No. 13102540.
ICE FAQs on the Parental Interests Directive
(592 KB - 10/22/2013)
ICE FAQs on the Parental Interests Directive, which complements existing policy by helping ICE better manage and track cases involving detained alien parents or legal guardians who have minor children in the U.S. FAQs include contact information and what kinds of cases are covered.
AILA Doc. No. 13102249.
USCIS Interim Memo on Eligibility Requirements for 17-Month Extension of OPT for Students in STEM Programs
(503 KB - 10/22/2013)
USCIS 10/6/13 interim memo clarifying the eligibility requirements for a 17-month extension of Post-Completion OPT for F-1 students enrolled in STEM degree programs. Comments accepted until 11/1/13 and memo is in effect until further notice.
AILA Doc. No. 13102240.
DHS Guidance on Enforcement Operations During Tropical Storm/Hurricane Karen
(837 KB - 10/4/2013)
DHS letter on CBP and ICE enforcement actions during Tropical Storm/Hurricane Karen, stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to the storm, including the use of checkpoints for immigration purposes in impacted areas.
AILA Doc. No. 13100404.
SEVP Policy Guidance on Timely Filing for Students
(1011 KB - 10/23/2013)
ICE’s Student and Exchange Visitor Program (SEVP) policy guidance removing the additional three-day mailing window, which no longer applies since notices are now conducted solely through electronic means. Guidance effective 8/15/13. Feedback deadline was extended from 10/23/13 to 11/16/13.
AILA Doc. No. 13100363.
SEVP Draft Guidance on Temporary Absence Regulation for Students
(2083 KB - 10/23/2013)
ICE’s Student and Exchange Visitor Program (SEVP) requests feedback on draft policy guidance on the temporary absence regulation, to guide adjudicators and address the concept of authorized early withdrawal as it relates to temporary absence. Feedback deadline was extended from 10/23/13 to 11/16/13.
AILA Doc. No. 13100362.
SEVP Draft Guidance on F-1 Student Annual Vacation Regulation
(2225 KB - 10/23/2013)
ICE’s Student and Exchange Visitor Program (SEVP) is looking for feedback on draft policy guidance for adjudicators on SEVP’s interpretation of the F-1 student annual vacation regulation (8 CFR 214.2(f)(5)(iii). Feedback deadline was extended from 10/23/13 to 11/16/13.
AILA Doc. No. 13100361.
E-Verify User Manual, September 2013
(4408 KB - 9/30/2013)
USCIS’s M-775, E-Verify User Manual for Employers, dated September 2013.
AILA Doc. No. 13093001.
Agency Memos on Potential Government Shutdown (Updated 10/1/13)
Agency memoranda related to potential government shutdown, with memos from DOL, DOS, DHS, and OMB.
AILA Doc. No. 13092551.
Standard Operating Procedures for Incoming Mail to USCIS
(1039 KB - 9/23/2013)
USCIS Standard Operating Procedures for incoming mail to USCIS (Module 1, Version 7.5). Courtesy of Jay Gairson who obtained this document in response to a FOIA request.
AILA Doc. No. 13092350.
DHS and DOS Outline New Policy on False Claims to Citizenship
(1422 KB - 9/20/2013)
DHS and DOS letters to Senator Reid outlining the agencies’ new policy that a charge of inadmissibility under 212(a)(6)(C)(ii) can only be supported if the false claim was “knowingly” made and setting forth a separate affirmative defense if the claim was made while the individual was under age 18.
AILA Doc. No. 13092060.
USCIS Interim Policy Memo on Adjudicating Form I-360 for Abused Adopted Children
(2050 KB - 9/19/2013)
USCIS memo on the adjudication of Form I-360 filed by a self-petitioning adopted child when the child has been abused by the adoptive parent, since the two-year legal custody and residency requirements for these individuals has been eliminated. Policy is in effect and comments are due by 10/2/13.
AILA Doc. No. 13091949.
CBP Memo Outlining Civil Immigration Enforcement Priorities for CBP
(521 KB - 9/19/2013)
CBP undated memo from Commissioner Alan Bersin, outlining CBP’s civil immigration enforcement priorities as they relate to the apprehension, detention, and removal of individuals in violation of immigration law. Received by American Immigration Council in response to a FOIA submitted on 9/3/11.
AILA Doc. No. 13091948.
CBP Policy Differences Between Exercise of Discretion and Prosecutorial Discretion
(493 KB - 9/19/2013)
CBP undated memo outlining the differences between CBP’s policy on the use of discretion (an affirmative act of approval) and prosecutorial discretion (applies to enforcement decisions). Received by the American Immigration Council in response to a FOIA request submitted on August 3, 2011.
AILA Doc. No. 13091947.
CBP Memo Clarifying a 2002 “Zero Tolerance Policy” for Exercising Discretion
(825 KB - 9/19/2013)
CBP 4/30/04 memo clarifying a 3/22/02 INS memo, “Zero Tolerance Policy” and reminding CBP directors that while discretion must be exercised consistent with homeland security concerns, appropriate and principled discretion should be exercised. Received through American Immigration Council FOIA.
AILA Doc. No. 13091942.
CBP Factors to Consider When Exercising Discretion and List of Available Forms of Discretion
(1056 KB - 9/19/2013)
CBP 7/20/04 memo with additional guidance on CBP’s use of discretion, including factors to consider when deciding whether to exercise discretion and a list of the forms of discretion available. Received through American Immigration Council FOIA.
AILA Doc. No. 13091941.
CBP Memo on the Exercise of Discretionary Authority
(1179 KB - 9/19/2013)
CBP 9/3/08 memo on the use of discretionary measures for individuals who are inadmissible due to minor or technical violations, including the use of waivers and parole processes where appropriate. Memo includes discretionary authority checklist. Received through American Immigration Council FOIA.
AILA Doc. No. 13091940.
ICE Criminal Justice Stakeholder Forms Program
ICE information on its Criminal Justice Stakeholder Forms program, which gives criminal justice professional access to relevant and reliable information from ICE when working with undocumented individuals with obligations within the criminal justice system.
AILA Doc. No. 13091742.
CBP NAFTA Guide for TN and L Applicants
(11002 KB - 9/16/2013)
CPB June 2012 guide, created to serve as a reference tool to assist CBP officers in processing TN and L-1 applicants under the North American Free Trade Agreement (NAFTA). Guide includes examples and definitions to illustrate the TN and L-1 application process at a port of entry.
AILA Doc. No. 13091643.
USCIS Response to Ombudsman Recommendation on Improving the Removal of Conditions Process
(1697 KB - 9/13/2013)
USCIS 7/10/13 response to the Ombudsman’s recommendation on improving the process for removal of conditions on residence for spouses and child (AILA Doc. No. 13022850), including highlighting that I-751s are anticipated to be integrated into ELIS within the next two years.
AILA Doc. No. 13091343.
USCIS Memo Extending Validity of Medical Certifications on Form I-693
(493 KB - 9/13/2013)
USCIS 9/4/13 policy memo superseding prior guidance which was in effect until 9/30/13 (AILA Doc. No. 13010247) and temporarily extending the validity of civil surgeons endorsements on Form I-693 until the underlying adjustment of status and temporary residence applications can be adjudicated.
AILA Doc. No. 13091340.
ICE Memo on Use of Segregation for ICE Detainees
(1770 KB - 9/5/2013)
ICE 9/4/13 memo from John Sandweg, “Review of the Use of Segregation for ICE Detainees,” which establishes policy and procedures for monitoring and reviewing segregation placement decisions and states that administrative segregation due to special vulnerability should only be used as a last resort.
AILA Doc. No. 13090542.
USCIS Memo for Determining Initial Jurisdiction Over Unaccompanied Alien Children Asylum Applications
(628 KB - 8/26/2013)
USCIS Asylum Division memo dated 5/28/13 from Acting Chief Ted Kim, with updated guidance and procedures to USCIS Asylum Offices on determining jurisdiction in applications for asylum filed by unaccompanied alien children. Procedures are effective 6/10/13.
AILA Doc. No. 13082667.
ICE Memo with Policies and Procedures Addressing Alien Parents and Legal Guardians of Minor Children
(4785 KB - 8/26/2013)
ICE 8/23/13 memo from John Sandweg, Acting Director of ICE, titled “Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities,” with ICE procedures addressing the placement, monitoring, accommodation, and removal of alien parents or legal guardians of minor children.
AILA Doc. No. 13082642.
USCIS Policy Memo on Acceptance of Diversity Visa-Related I-485s During the Advanced Notification Period Reflected in the Visa Bulletin
(337 KB - 8/21/2013)
USCIS policy memo dated 8/9/13 indicating that the listing of the advance notification of Diversity Visa (DV) availability in the Visa Bulletin enables the filing of DV adjustment applications with DV numbers ranked below the specified cut-off number, even though a visa is not yet available.
AILA Doc. No. 13082150.
USCIS Memo on Telephonic Interviews in Negative Credible Fear Determinations
(80 KB - 8/13/2013)
USCIS Asylum Division memo dated 6/4/13 implementing effective immediately the policy that where credible fear interviews are initiated over the telephone, Asylum Pre-Screening Officers should complete their interviews over the telephone, including those that may lead to a negative determination.
AILA Doc. No. 13081314.
USCIS Memo on the Expansion and Extension of the Credible Fear Determination Checklist Pilot
(526 KB - 8/8/2013)
USCIS Asylum Division memo dated 4/11/13 from Acting Chief Ted Kim expanding the credible fear determination checklist pilot to include all credible fear cases regardless of jurisdiction, effective through 9/30/13.
AILA Doc. No. 13080848.
USCIS Memo with Updated Procedures for Accepting Forms I-589 Filed by Unaccompanied Alien Children
(524 KB - 8/8/2013)
USCIS 6/4/13 memo from Ted Kim providing updated notification and guidance to the USCIS Service Centers on the handling of I-589 applications for asylum filed by unaccompanied alien children. Procedures are effective on 6/10/13 and apply to any I-589s received by USCIS on or after that date.
AILA Doc. No. 13080847.
USCIS Memo on Processing Credible Fear Cases When a Rare Language Interpreter Is Unavailable
(537 KB - 8/8/2013)
USCIS 6/14/13 memorandum providing guidance on processing credible fear cases when a rare language interpreter is unavailable, including scheduling an interview with the applicant to determine if the individual is able to communicate in another language.
AILA Doc. No. 13080846.
ICE SEVP Message on Discontinuation of Mailing I-901 SEVIS Fee Receipt
(474 KB - 8/8/2013)
A 7/29/13 ICE SEVP Broadcast Message on the discontinuation of the mailing of Form I-797C “Notice of Action” for the I-901 SEVIS fee payment.
AILA Doc. No. 13080845.
USCIS Releases Revised DOMA FAQs
(559 KB - 8/7/2013)
USCIS revised two of its post-
DOMA FAQs, one of which provides new guidance on the treatment of petitions and applications for immigration benefits where the couple was married in a state that recognizes same-sex marriage but resides in a state that does not.
AILA Doc. No. 13080745.
ICE SEVP Sends Broadcast Message on Form I-20 Issuance Post DOMA
(601 KB - 8/6/2013)
An August 4, 2013 SEVP broadcast message (1308-01) on guidance on Form I-20 issuance subsequent to the Supreme Court ruling invalidating DOMA. A DSO may now issue a Form I-20 to a same-sex spouse of an F-1 or M-1 nonimmigrant who is seeking admission to the U.S. as an F-2 or M-2 dependent.
AILA Doc. No. 13080640.
CBP Memo on Transportation Check Operations
(155 KB - 8/17/2010)
CBP memorandum dated 8/17/10 on Transportation Check Operations, the inspection of common carriers such as buses, passenger and freight trains, aircrafts, and watercraft, for undocumented individuals and smugglers.
AILA Doc. No. 13080205.
USCIS Issues Additional DOMA FAQs
(624 KB - 7/26/2013)
USCIS issued additional FAQs that address the implementation of the Windsor decision with respect to immigration petitions or applications that had previously been affected by DOMA Section 3.
AILA Doc. No. 13072640.
USCIS Response to Ombudsman Recommendation on 204(l) Survivor Benefit Adjudications
(1118 KB - 7/18/2013)
USCIS response to the Ombudsman’s recommendation on improving Section 204(l) adjudications. USCIS disagreed with the recommendation to create a specific form, but agreed to post additional info on survivor benefits on the website and improved scripts for NCSC, and updated CLAIMS to improve tracking.
AILA Doc. No. 13071840.
USCIS Interim Policy Memo on Precedent and Non-Precedent Decisions of the AAO
(761 KB - 7/3/2013)
USCIS 7/2/13 interim policy memorandum and accompanying revisions to the Adjudicator’s Field Manual (AFM) guiding USCIS officers on the distinction between and proper use of precedent and non-precedent AAO decisions. Comments due 7/17/13.
AILA Doc. No. 13070343.
USCIS Policy Memo on Certification of Decisions to the AAO
(572 KB - 7/3/2013)
USCIS 7/2/13 policy memorandum and accompanying revisions to the Adjudicator’s Field Manual (AFM) guiding officers on the proper use of the decision certification mechanism described in 8CFR 103.4.
AILA Doc. No. 13070342.
DHS Issues Guidance on DOMA Implementation
(548 KB - 7/2/2013)
DHS FAQs on the effect of the Supreme Court’s ruling that Section 3 of DOMA is unconstitutional. USCs and LPRs in same-sex marriages can now sponsor their spouses for immigrant visas. In evaluating the petition, USCIS will generally look to the law of the place where the marriage took place.
AILA Doc. No. 13070240.
USCIS Policy Memo on Role of RFEs and NOIDS
(525 KB - 6/12/2013)
USCIS 6/3/13 policy memo clarifying the role of RFEs and NOIDs in the adjudication of petitions, applications, and other requests and revising Chapter 10.5(a) in the AFM. This memo is in response to an OIG report that raised issues concerning the proper use of RFEs in adjudications.
AILA Doc. No. 13061247.
USCIS Policy Memo on Ethiopia Pre-Adoption Immigration Review
(542 KB - 6/3/2013)
USCIS 5/31/13 policy memorandum stating that effective September 1, 2013, the Government of Ethiopia will require prospective adoptive parents include evidence that U.S. government completed a Pre-Adoption Immigration Review (PAIR) review of the prospective adoptive child’s immigration eligibility.
AILA Doc. No. 13060346.
USCIS Policy Memo on EB-5 Adjudications Policy
(683 KB - 5/30/2013)
USCIS 5/30/13 policy memorandum setting forth guidance for adjudicating EB-5 applications and petitions, addressing important issues like the preponderance of evidence standard, definition of “capital,” amount of capital that must be invested, definition of “targeted employment area” and more.
AILA Doc. No. 13053051.
DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases
(5203 KB - 5/1/2013)
Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data.
AILA Doc. No. 13050148.
USCIS M-274 Handbook for Employers with Guidance for Completing Form I-9
(2571 KB - 4/30/2013)
USCIS M-274 handbook, dated 4/30/13, with guidance for employers on completing Form I-9.
AILA Doc. No. 13043069.
Separate FOIA Requests Uncover L-1 Training Materials and Correspondence
Documents released by USCIS in response to two separate FOIA requests for materials used to instruct, train, or guide immigration service officers and DOS personnel on L-1 adjudications, including, but not limited to, the interpretation of “specialized knowledge.”
AILA Doc. No. 13042663.
ICE Memo on Safeguards for Immigration Detainees with Serious Mental Conditions
(1436 KB - 4/22/2013)
A 4/22/13 memo from ICE Director John Morton directing that new procedures will ensure ICE detainees who may be mentally incompetent to represent themselves in removal proceedings are provided with access to new procedures for unrepresented mentally incompetent detainees.
AILA Doc. No. 13042259.
USCIS Memo on Ombudsman Recommendations for Unaccompanied Alien Children (UAC)
(3319 KB - 4/18/2013)
USCIS 4/11/13 memorandum from Deputy Director Lori Scialabba in response to recommendations by the Ombudsman’s office. USCIS accepts most of the recommendations, but does not concur with pre-assigning UAC cases to officers with specialized knowledge and skills.
AILA Doc. No. 13041842.
CBP Response to AILA Memorandum on Unlawful Presence
(515 KB - 4/10/2013)
A 4/10/13 letter from Carey Davis, Admissibility and Passenger Programs, stating that where evidence indicates that a visitor without an I-94 has remained in the U.S. beyond 6 months CBP may consider inadmissibility grounds other than 212(a)(9)(B) when charging the visitor.
AILA Doc. No. 13041059.
USCIS Asylum Division Memo on Credible Fear Checklist Pilot Program
(607 KB - 4/9/2013)
USCIS Asylum Division memorandum from Acting Chief Ted Kim dated 1/14/13 establishing a pilot program for the use of a credible fear determination checklist in place of the brief written assessment currently required.
AILA Doc. No. 13040941.
ICE SEVP Policy Guidance for Adjudicators on Reporting Instructional Sites
(2131 KB - 3/21/2013)
ICE policy guidance (1003-03) from 3/22/13 defining what constitutes an instructional site and a separate record location, clarifying SEVP's reporting requirements and narrowing the scope of which instructional sites school officials must report at qualifying schools.
AILA Doc. No. 13032147.
USCIS Policy Memo on RFE Timeframes for Provisional Unlawful Presence Waiver Requests
(529 KB - 3/18/2013)
USCIS 3/1/13 policy memo amending previous interim RFE guidance & setting the amount of time USCIS officers may provide an applicant to respond to a Request for Evidence (RFE) that is issued in relation to an Application for Provisional Unlawful Presence Waiver, Form I-601A.
AILA Doc. No. 13031842.
CBP Handout to Individuals Who May Be Eligible for DACA
(467 KB - 3/14/2013)
CBP handout in English and Spanish directed at individuals who may be eligible for an exercise of prosecutorial discretion by CBP because they could be eligible for DACA. CBP released the handout on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
AILA Doc. No. 13031446.
Internal CBP FAQs on DACA
(440 KB - 3/14/2013)
Internal CBP FAQs on DACA, including information on why DHS is announcing the DACA program now, how DACA differs from the DREAM Act, and how DACA differs from TPS. CBP released the FAQs on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
AILA Doc. No. 13031445.
CBP Guidance to Field on Encountering DACA-eligible Individuals
(442 KB - 3/14/2013)
CBP guidance for the field on what to do if officers encounter an individual who may be eligible for DACA, including processing guidelines. CBP released the guidance on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
AILA Doc. No. 13031444.
CBP Memo on the Implementation of DACA
(450 KB - 3/14/2013)
CBP memo dated 6/15/12 on implementing Secretary Napolitano’s memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children. CBP released the memo on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
AILA Doc. No. 13031443.
USCIS Issues M-274 Handbook for Employers on Guidance for Completing Form I-9
(2339 KB - 3/11/2013)
USCIS M-274 handbook from 3/8/13 providing guidance on how to properly complete Form I-9, Employment Eligibility Verification, and answering frequently asked questions about the law as it relates to Form I-9.
AILA Doc. No. 13031145.
CIS Ombudsman Recommendation on Process for Removal of Residence Conditions for Spouses & Children
(1155 KB - 2/28/2013)
CIS Ombudsman 2/28/13 recommendation evaluating the nature & extent of problems related to removal of conditions on residence for spouses & children & presenting recommendations to address these issues related to filing Form I-751, Petition to Remove Conditions on Residence.
AILA Doc. No. 13022850.
USCIS Policy Memo on Taiwan Pre-Adoption Immigration Review
(548 KB - 2/27/2013)
USCIS 2/14/13 policy memo implementing the Pre-Adoption Immigration Review (PAIR) in Taiwan of Form I-600, Petition to Classify Orphan as an Immediate Relative filed on behalf of children from, and physically located in, Taiwan.
AILA Doc. No. 13022764.
USCIS Policy Memo on “Limited General” TRIG Exemption
(721 KB - 2/25/2013)
USCIS policy memo dated 9/26/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals with existing immigration benefits.
AILA Doc. No. 13022545.
USCIS Policy Memo on TRIG Exemption for Participation in Iraqi Uprisings
(675 KB - 2/25/2013)
USCIS policy memo dated 11/12/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals who are inadmissible due to participation in or association with the Iraqi uprisings from 3/1/1991 through 4/5/1991.
AILA Doc. No. 13022544.
Napolitano Letter Regarding Impact of Sequestration on DHS
(480 KB - 2/22/2013)
Letter from Secretary of Homeland Security Janet Napolitano to the Senate Committee on Appropriations regarding the potential impacts of a March 1, 2013 sequestration on DHS, including effects on CBP, ICE, TSA, and more.
AILA Doc. No. 13022247.
CBP Memo on Enforcement Actions Near Certain Community Locations
(947 KB - 2/21/2013)
A 1/18/13 CBP memo from Deputy Commissioner David Aguilar outlining departmental guidance for agents when an enforcement action is being contemplated or planned near certain locations, including schools, places of worship, community centers, hospitals and more.
AILA Doc. No. 13022158.
DHS CRCL Memo on Department's Use of Unmanned Aerial Systems
(592 KB - 2/21/2013)
DHS Office for Civil Rights and Civil Liberties (CRCL) memo from 9/14/12 clarifying the privacy, civil rights, and civil liberties legal and policy issues surrounding the government’s use of Unmanned Aerial Systems (UAS) drones at the border.
AILA Doc. No. 13022157.
Internal ICE E-mails Reveal Plans to Boost Deportations
ICE e-mails from 2012, obtained by the ACLU of NC, reveal tactics for increasing deportations, such as trolling state driver's license records for foreign-born applicants and dispatching ICE agents to traffic checkpoints, which could target individuals with minor offenses.
AILA Doc. No. 13021567.
USCIS Policy Memo on EB-5 Adjudications (Updated 2/15/13)
USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions.
AILA Doc. No. 12011261.
USCIS Draft Policy Memo on EB-5 Adjudications Policy
(585 KB - 2/14/2013)
USCIS draft policy memorandum outlining the “preponderance of evidence” standard and defining the three key elements of the EB-5 program to help train & guide USCIS personnel in adjudicating applications and petitions. Comments are due 4/1/13.
AILA Doc. No. 13021420.
FOIA Reveals Entrepreneurs in Residence Training Materials
(4352 KB - 2/1/2013)
Records released in response to a FOIA request for Entrepreneurs in Residence (EIR) presentations, handbooks, and manuals used to train USCIS personnel, including excerpts from the USCIS Academy’s Training Manual on “Start-Ups 101.” Special thanks to Michael Nowlan.
AILA Doc. No. 13020145.
ICE Issues Revised Immigration Detainer Form I-247
(807 KB - 1/28/2013)
ICE revised immigration detainer Form I-247, issued in December 2012. The form incorporates national detainer guidance issued by ICE on 12/21/12 which limits the use of detainers to individuals who meet ICE enforcement priorities.
AILA Doc. No. 13012869.
USCIS Draft RFE Template for I-129 O-1B Arts
(727 KB - 1/22/2013)
USCIS draft Request for Evidence (RFE) template for comment on I-129 O-1B Alien of Extraordinary Ability in the Arts. Comments are due 2/5/13.
AILA Doc. No. 13012255.
USCIS Draft RFE Template for I-129 O-2 Artist or Athlete
(698 KB - 1/22/2013)
USCIS draft Request for Evidence (RFE) template for comment on I-129 O-2 Artist or Athlete. Comments are due 2/5/13.
AILA Doc. No. 13012254.
USCIS Draft RFE Template for I-129 O-2 in the Motion Picture or TV Industry
(704 KB - 1/22/2013)
USCIS draft Request for Evidence (RFE) template for comment on I-129 O-2 in the Motion Picture or TV industry. Comments are due 2/5/13.
AILA Doc. No. 13012252.
USCIS Draft RFE Template for I-129 O-1B Motion Picture and Television Production
(724 KB - 1/22/2013)
USCIS draft Request for Evidence (RFE) template for comment on I-129 O-1B Motion Picture and Television Production. Comments are due 2/5/13.
AILA Doc. No. 13012251.
USCIS Draft RFE Template for I-129 O-1A SEBA
(753 KB - 1/22/2013)
USCIS draft Request for Evidence (RFE) template for comment on I-129 O-1A Science, Education, Business, Athletics (SEBA). Comments are due 2/5/13.
AILA Doc. No. 13012250.
Highlights of Citizenship and Naturalization Policy in New USCIS Policy Manual
(632 KB - 1/7/2013)
USCIS provides highlights of its consolidated and updated citizenship and naturalization guidance, contained in Volume 12 of the new online USCIS Policy Manual. This guidance replaces Chapters 71, 72, 73, 74, 75 and 76 of the AFM, related appendices, and policy memoranda.
AILA Doc. No. 13010746.
USCIS Interim Policy Memo on Adjudication of Certain I-751 Petitions
(774 KB - 1/4/2013)
USCIS interim policy memorandum revising guidance issued on 10/9/09 related to late filing of joint Form I-751, Petition to Remove the Conditions of Residence & authorizes officers to issue Requests for Evidence (RFEs) for untimely filed joint I-751s. Comments due 1/18/13.
AILA Doc. No. 13010444.
CBP Guidance on Providing Language Assistance to Other Law Enforcement Organizations
(695 KB - 1/3/2013)
CBP memorandum dated 11/21/12, stating that if a non-DHS federal, state, or local law enforcement agency requests CBP assistance based solely on a need for language translation, those requests should be referred to translation services organizations.
AILA Doc. No. 13010352.
USCIS Guidance Memo on Extension of Validity of Medical Certifications on Form I-693
(528 KB - 1/2/2013)
USCIS 12/20/12 guidance memorandum temporarily extending the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants, even if more than one year has elapsed since the civil surgeon’s endorsement.
AILA Doc. No. 13010247.
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