Policy Memoranda

This page provides access to various policy and procedural memoranda, which guides USCIS adjudicators as they process applications and petitions for immigration benefits while still protecting national security. In addition to the USCIS Policy Manual, USCIS policy memoranda contain the official policies of USCIS and assist immigration officers in rendering decisions. These policy memoranda are to be followed by USCIS officers in the performance of their duties but do not remove their discretion in making adjudicatory decisions. The policy memoranda do not create any substantive or procedural rights or benefits that are legally enforceable by any party against the United States, or its agencies or officers or any other person.

Policy memoranda that have been partially or fully superseded by the USCIS Policy Manual have been stamped and archived in the USCIS History and Library collection. If you have bookmarked links to affected memos, you will now be redirected to the USCIS Policy Manual where you may find current policy.

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Matter of D-Y-S-C-, Adopted Decision 2019-02 (AAO Oct. 11, 2019) (PDF, 305.57 KB)

October 15, 2019

This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of D-Y-S-C-, Adopted Decision 2019-02 (AAO Oct. 11, 2019)

Matter of E-A-L-O-, Adopted Decision 2019-04 (AAO Oct. 11, 2019) (PDF, 304.17 KB)

October 15, 2019

This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of E-A-L-O-, Adopted Decision 2019-04 (AAO Oct. 11, 2019)

Matter of A-O-C-, Adopted Decision 2019-03 (AAO Oct. 11, 2019) (PDF, 308.67 KB)

October 15, 2019

This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of A-O-C-, Adopted Decision 2019-03 (AAO Oct. 11, 2019)

Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of L-E-A- (PDF, 422.83 KB)

September 30, 2019

This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers for determining whether an applicant is eligible for asylum or refugee status or withholding of removal in light of the Attorney General’s decision in Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019).

Updated Guidance for Adjudication of Cuban Adjustment Act Cases (PDF, 314.82 KB)

August 13, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Chapter 23.11(a)(1), (h) and (n) of the Adjudicator’s Field Manual (AFM) relating to adjustment of status under the Cuban Adjustment Act (CAA).1

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019) (PDF, 318.79 KB)

July 31, 2019

This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-G-G- as an Adopted Decision.

Marriage Involving Minors Update (PDF, 221.52 KB)

April 12, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to add Chapter 21.3(a)(2)(D)(iv), Interview Guidelines for Form I-130 Spousal Petitions Involving a Minor, and to update Chapter 21.3(a)(2)(I), Interviewing Petitioner and Spouse, to incorporate additional guidance on the adjudication of Form I-130 spousal petitions involving minor(s).

Marriage Involving Minor(s) (PDF, 210.09 KB)

February 15, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to revise Chapter 21.3(a)(1)(A), Concurrent Filing of Form I-130 and Form I-485, and add Chapter 21.3(a)(2)(D), Marriage Involving Minor(s). These updates provide guidance for the adjudication of Form I-130 spousal petitions involving minor(s).

Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols (PDF, 102.57 KB)

January 28, 2019

This memorandum provides guidance to immigration officers in USCIS regarding the implementation of the Migrant Protection Protocols (MPP), including supporting the exercise of prosecutorial discretion by U.S. Customs and Border Protection (CBP). This memorandum follows the Secretary of Homeland Security’s January 25, 2019, memorandum, Policy Guidance for Implementation of the Migrant Protection Protocols.

Procedural Guidance for Implementing Regulatory Changes Created by Interim Final Rule, Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims (PDF, 86.32 KB)

November 09, 2018

This memorandum provides USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under the Convention Against Torture (CAT), including in the credible fear context, to conform to the Interim Final Rule (IFR), Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018).

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