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Adjudicator’s Field Manual NOTE: The USCIS Policy Manual is our centralized online repository for immigration policies. We are working quickly to update and move material from the Adjudicator’s Field Manual to the Policy Manual. Please check that resource, along with our Policy Memoranda page, to verify information you find in the Adjudicator’s Field Manual. If you have questions or concerns about any discrepancies among these resources, please contact [email protected]. Chapter 23 Adjustment of Status to Lawful Permanent Resident. 23.1 Prior Law and Historical Background, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016. 23.2 General Adjustment of Status Issues, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016. 23.3 [Reserved] Chapter 23.3, Reserved, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2015. 23.4 Presumption of Lawful Admission and Creation of Record under 8 CFR 101, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016. 23.5 Adjustment of Status under Section 245 of the Act has been partially superseded by USCIS Policy Manual, Volume 7: Adjustment of Status. 23.6 Refugee and Asylee Adjustment under Section 209 of the Act, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of March 4, 2014. 23.7 Registration of Lawful Permanent Residence under Section 249 of the Act, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016.” 23.8 Section 289 Cases has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of May 15, 2020. 23.9 Section 7 of the Central Intelligence Agency Act of 1949 Cases 23.10 Adjustment of Status under Section 13 of the Act of September 11, 1957 (8 U.S.C. 1255b) 23.11 Cuban Adjustment Act Cases 23.12 Adjustment of Status under NACARA (sec. 202 of Pub L 105-100) 23.13 Adjustment of Status under HRIFA (sec. 902 of Pub L 105-277) 23.14 Adjustment of Status for Certain Syrian Nationals Granted Asylum 23.1 Prior Law and Historical Background, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016. 23.2 General Adjustment of Status Issues, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016. 23.3 Reserved has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2015. 23.4 Presumption of Lawful Admission and Creation of Record under 8 CFR 101, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016. 23.5 Adjustment of Status under Section 245 of the INA. The following sections of Chapter 23.5, Adjustment of Status under Section 245 of the Act, have been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016: • (a) General • (b) Eligibility • (d) Section 245(k) of the Act: Exemptions to the 245(c)(2), (c)(7) and (c)(8) Bars to Adjustment for Certain Employment-Based Adjustment of Status Applicants • (k) Dependents of Adjustment Applicants and Immigrant Visa Holders • (p) Precedent Decisions Pertaining to Adjustment of Status Chapter 23.5(c), Section 245(i) of the Act: Exemptions to the Section 245(a) and 245(c) Bars to Adjustment for Certain Aliens, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 8, 2020. (a) General. This section has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016 (b) Eligibility. This section has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016 (c) Section 245(i) of the Act: Exemptions to the Section 245(a) and 245(c) Bars to Adjustment for Certain Aliens . This section has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 8, 2020. (d) Section 245(k) of the Act: Exemptions to the 245(c)(2), (c)(7) and (c)(8) Bars to Adjustment for Certain Employment-Based Adjustment of Status Applicants . This section has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016 (e) Relative-Based Adjustment Cases . [Chapter 23.5(d) revised 04-03-2006, AD05-34] (1) General . Adjudication of relative-based petitions is discussed in Chapter 21 of this field manual . If the petition has not already been adjudicated, it is your responsibility to do so before considering the adjustment application. If the petition was already adjudicated and approved, your responsibility as the adjudicator of the adjustment application is to satisfy yourself that the alien remains eligible for the classification granted by that petition. If the petition is based on a blood relationship and the alien is no longer entitled to the classification (perhaps he or she has “aged out”), see whet her the alien is entitled to automatic conversion to some other classification (see 8 CFR 204.2(i) ). If he or she is not eligible for such conversion, revoke the approval of the petition under section 205 of the Act (see Chapter 20.2 of this field manual ). If the petition is based on a marital relationship, question the party or parties sufficiently to satisfy yourself that the relationship continues to exist. If it has been terminated through annulment, divorce, or death, revoke the petition. Furthermore, if the wedding upon which the marriage-based adjustment application is based occurred less than 2 years before the date on which adjustment is granted, the adjusting alien becomes a conditional permanent resident. See Chapter 25 of this field manual for a discussion of the procedures for seeking removal of those conditions. (2) Aliens who Benefit as Immediate Relatives under Section 1703 of Public Law 108-136. (A) Eligibility An alien who qualifies for a benefit under section 1703 of Public Law 108-136 (see Appendix 21-4) is considered an immediate relative for purposes of adjustment of status under section 245 of the Act. The adjudicator may adjust the status of such alien if the alien is: (i) the beneficiary of an approved Form I-360 filed in accordance with the requirements of section 1703 of Public Law 108-136 , which classifies the beneficiary as an immediate relative of a U.S. citizen; or (ii) the beneficiary of an approved Form I-130 filed by a qualifying LPR granted posthumous citizenship under section 329A of the Act or an approved Form I-360 self-petition filed in accordance with the requirements of section 1703 of Public Law 108-136 which classifies the beneficiary as an immediate relative. (B) Adjustment of Status Applications Filed Prior to the Death of the Qualifying Alien Granted Posthumous Citizenship under section 329A of the Act . Section 1703(b) of Public Law 108-136 provides that the applications for adjustment of status filed by certain alien spouses or children prior to the death of the qualifying alien granted posthumous citizenship may be adjudicated as immediate relative applications and as if the death had not occurred. (i) The alien spouse, child, or parent’s Form I-485 must have been pending prior to the death of the petitioner. The adjudicator will generally not become aware of the death of the alien petitioner until the adjudication of the application for adjustment of status. Therefore, either prior to adjudication or at the time of adjudication, the alien should demonstrate that he or she remains eligible for adjustment of status based on section 1703(b) of Public Law 108-136 and provide documentation of his or her eli gibility. (ii) If the adjudicator becomes aware of any Form I-485 that has been denied because of the death of the petitioner that would have otherwise been approved under the terms of section 1703 of Public Law 108- 136, the adjudicator may move to reopen such a case. Similarly, an alien who believes his or her previously denied application now qualifies under section 1703 may file a motion to reopen with the adjudicating office. If that application meets all the other statutory and procedural requirements and falls wit hin the terms of Public Law 108-136, including the effective date provision of September 11, 2001, the adjudicator may reopen and approve the case. (iii) The adjudicator will only reopen a Form I-485 that was filed based on a qualifying family relationship to the deceased alien. In addition, given that USCIS does not have jurisdiction over a Form I- 485 where the alien is in deportation or removal proceedings, such application will not be considered for reopening or determining an alien’s eligibility under section 1703. (C) Jurisdiction and Filing Instructions . (i) Refer to chapter 21.11(d)(1) and (2) for jurisdiction pertaining to Form I-360 and Form I-485 , respectively. (ii) An alien who benefits under section 1703 of Public Law 108-136 should check box “A” in Part 2 of Form I-485. Each alien must file his or her own Form I-485. (D) Exemption from Section 212(a)(4) of the Act, Public Charge Ground of Inadmissibility . An alien who qualifies for a benefit under section 1703 of Public Law 108-136 is exempt from section 212(a)(4) of the Act, public charge. Therefore, the alien is not required to execute and submit Form I-864 as part of his or her application for adjustment of status.
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