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Chronological List of New Immigration Policy and Procedural Memoranda

Immigration Policy and Procedural Memoranda Listed by Topic

January 2006

Delegation of Authority for I-751, "Petition to Remove Conditions on Residence"
01/30/06 Michael Aytes HQOPS (Conditional Residence)

Alternate definition of "American firm or corporation" for purposes of section 316(b) of the Immigration and Nationality Act, 8 USC 1427(b), and the standard of proof applicable in most administrative immigration proceedings
Revisions to Adjudicator's Field Manual (AFM) Chapter 11.1(c) (AFM Update AD06-12)
Revisions to Adjudicator's Field Manual (AFM) Appendix 74-14 (AFM Update AD06-12)

01/11/06 Michael Aytes HQOPS (Standard of Proof)

Extension of Validity of Medical Certifications on Form I-693
01/11/06 Michael Aytes HQOPS (Medical Requirements)

Applications for U Nonimmigrant Status
Revisions to Adjudicator's Field Manual (AFM) Chapter 39 (AFM Update AD06-11)

01/06/06 Michael Aytes HQOPS (U Nonimmigrants)

December 2005

Interim Guidance for Processing I-140 Employment-Based Immigrant Petitions and I-485 and H-1B Petitions Affected by the American Competetiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
12/27/05 Michael Aytes HQOPS (American Competetiveness in the Twenty-First Century Act of 2000 (AC21), H-1)

Processing Guidelines for E-3 Australian Specialty Occupation Workers and Employment Authorization for E-3 Dependent Spouses
Revisions to Adjudicator's Field Manual (AFM) Chapters 34.1 and 34.6 (AFM Update AD05-24)

12/15/05 Michael Aytes HQOPS (E-3)

November 2005

USCIS Policy Regarding Form I-864, Affidavit of Support
11/23/05 Michael Aytes HQOPS (Affidavit of Support)

Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview (AFM Update AD06-01)
11/23/05 Michael Aytes HQOPS (Interviews)

October 2005

Eligibility to Self-Petition as a Battered Spouse or Child of a U.S. Citizen or Lawful Permanent Resident Within Two Years of the Abuser's Loss of Status;
Revisions to Adjudicator's Field Manual (AFM) Chapter 21.14(q) (AFM Update AD05-12)

10/31/05 Michael Aytes HQOPS (Battered Spouses, Self-Petition)

Waivers under Section 209(c) of the Immigration and Nationality Act (AFM Update 05-33)
10/31/05 Michael Aytes HQOPS (Waivers)

Remedial Measures Made Necessary by Hurricanes Katrina and Rita
10/05/05 Michael Aytes HQOPS (Hurricanes Katrina and Rita)

September 2005

Interim Guidance Regarding the Impact of the Department of Labor's (DOL) PERM Rule on Determining Labor Certification Validity, Priority Dates for Employment-Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H-1B Status Beyond the 6th Year
09/23/05 William R. Yates HQOPS (H-1)

Current Processing of Pending Forms I-140 for a Schedule A/Group I or II Occupations Missing Evidence of Compliance with U.S. Department of Labor (DOL) Notification/Posting Requirements and Guidance Effective March 28, 2005 pursuant to new DOL regulations at 20 CFR Part 656 Regarding the New Process for Blanket Labor Certification for Schedule A
09/23/05 William R. Yates HQOPS (Forms)

Fee Waivers for Hurricane Katrina Victims
09/19/05 William R. Yates HQOPS (Waivers)

July 2005

Changes to the L Nonimmigrant Classification Made by the L-1 Reform Act of 2004
07/28/05 William R. Yates HQOPS (L Visas, Nonimmigrants)

June 2005

Fact Sheet on Confidentiality
06/15/05 Joseph E. Langlois HQASM (Asylum)

May 2005

Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
05/12/05 William R. Yates HQOPS (H-1)

March 2005

Clarification of Certain Eligibility Requirements Pertaining to an Application to Adjust Status under Section 245(i) of the Immigration and Nationality Act
03/09/05 William R. Yates HQOPS (Adjustment of Status)


February 2005

Requests for Evidence (RFE) and Notices of Intent to Deny (NOID)
02/16/05 William R. Yates HQOPS (Notice of Intent to Deny, Request for Evidence)


January 2005

Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (INA), as amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386
01/27/05 William R. Yates HQOPS (Victims of Trafficking and Violence Protection Act)

Establishment of an Investor and Regional Center Unit
01/19/05 William R. Yates HQOPS (EB-5 Immigrant Investor, Investor and
Regional Center Unit)

Attachment: Investor and Regional Center Unit Mission and Organization

Determinations of Good Moral Character in VAWA-Based Self-Petitions
01/19/05 William R. Yates HQOPS (Good Moral Character, Violence Against Women Act (VAWA))

Attachment: Waivable Conduct Contained in the Statutory Bars to
Establishing Good Moral Character


Attachment: Authorities Affecting False Testimony Determinations

December 2004

Regression of E31 and E32 Visa Numbers for Applicants from Mainland China,
India, and the Philippines
Rescission of March 31, 2004 Policy Memo re: Concurrent Adjudication of
Concurrently Filed Form I-140s and Form I-485s

12/29/04 William R. Yates HQOPS

Extension of Validity of Medical Certifications on Form I-693
12/02/04 William R. Yates /s/ Janis Sposato HQOPS (Medical Requirements)

November 2004

Exception to Nonimmigrant HIV Waiver Policy for K and V Nonimmigrants Adjudicator's Field Manual (AFM) Update: Chapter 41.3: Medical Waivers (AD 04-05)
11/02/04 William R. Yates /s/ Janis Sposato HQOPS (HIV Waivers. Medical Requirements, Waivers)

August 2004

Reminder of Change in Photograph Standard
08/25/04 William R. Yates HQOPS (Photographs)

The Child Status Protection Act - Children of Asylees and Refugees
08/17/04 William R. Yates HQOPS

May 2004

Memorandum #3 -- Field Guidance on Special Immigrant Juvenile Status Petitions
05/27/04 William R. Yates /s/ Janis Sposato HQOPS

Assessment of Deferred Action in Requests for Interim Relief from U Nonimmigrant Status Eligible Aliens in Removal Proceedings
05/06/04 William R. Yates /s/ Janis Sposato HQOPS

April 2004

The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity
04/23/04 William R. Yates HQOPS

March 2004

I-94 Errors Issued by U.S. Citizenship and Immigration Services
03/30/04 William R. Yates HQOPS (Arrival/Departure Document)

Section 6 of the Child Status Protection Act
03/23/04 Joe Cuddihy HQOPS (Child Status Protection Act)

Field Guidance on Granting Fee Waivers Pursuant to 8 CFR 103.7(c)
03/04/04 William R. Yates HQOPS (Fees)

January 2004

Concurrent Filing for Section 101(a)(27)(I) Special Immigrants
01/23/04 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Special Immigrants)

    Attachment: Federal Register 69 FR 3380 (January 23, 2004)
    Attachment: Federal Register 69 FR 4210 (Correction, January 28, 2004)

Validity of Medical Certifications
01/08/04 William R. Yates /s/ Janis Sposato HQOPS (Medical Requirements)

Lifting of Numerical Cap on Mexican NAFTA Nonimmigrant Professionals ("TN") and Free Trade Agreements with Chile and Singapore
01/08/04 William R. Yates /s/ Janis Sposato USCIS (Services/NAFTA, Nonimmigrants)

December 2003

Extension of Special Immigrant Religious Worker Program and Clarification of Tax Exempt Status Requirements for Religious Organizations
12/17/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Religious Workers)

Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence
12/02/03 William R. Yates HQUSCIS (Services/Conditional Residence)

October 2003

Centralization of Interim Relief for U Nonimmigrant Status Applicants
10/08/03 William R. Yates /s/ Janis Sposato HQOPS

September 2003

Eligibility of Children Born out of Wedlock for Derivative Citizenship
09/26/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Citizenship)

Final Regulation on Certification of Foreign Health Care Workers: Adjudicator's Field Manual Update AD 03-31
09/22/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Health Care Workers)

Memorandum of Understanding Between the Secretaries of State and Homeland Security Concerning Implementation of Section 428 of the Homeland Security Act of 2002
09/29/03 Colin L. Powell/Thomas J. Ridge Department of State/Department of Homeland Security

Sunset of Additional $1,000 Filing Fee Imposed by American Competitiveness and Workforce Improvement Act (ACWIA) and Return to 65,000 Annual Limit on H-1B Petition Approvals
09/15/03 William R. Yates HQUSCIS

August 2003

Continuing Validity of Form I-140 Petition in accordance with Section 106(c) of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21)
08/04/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Forms, H-1)

July 2003

SEVIS Registration Deadline for all New and Continuing Non-immigrant Students
07/25/03 Jill Drury /s/, Director, SEVIS Program Office, Bureau of Immigration and Customs Enforcement

Implications of August 1, 2003 Deadline for Schools Currently or Recently Applying for Student and Exchange Visitor Information System (SEVIS) Certification
07/25/03 Jill Drury /s/, Director, SEVIS Program Office, Bureau of Immigration and Customs Enforcement

Processing Derivative Refugees and Asylees under the Child Status Protection Act
07/23/03 Michael J. Petrucelli USCIS (Asylum, Child Status Protection Act, Refugees)

Validity of Medical Certifications
07/23/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Medical Requirements)

Expedited Handling of Special Immigrant Religious Worker Petitions Before the October 1, 2003 Sunset Deadline
07/18/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Religious Workers)

June 2003

Procedures for Implementing the Waiving of the Oath of Renunciation and Allegiance for the Naturalization of Aliens having Certain Disabilities
06/30/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Naturalization)

Introducing revised Form N-600, Application for Certificate of Citizenship, and new Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322
06/23/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Naturalization)

The "Adjudicate Orphan Status First" Pilot Program
06/04/03 William R. Yates HQUSCIS (Services/Adoptions/Orphans)

May 2003

Additional Guidance: Processing Fingerprint Checks Prior to the Filing of Form I-600 Abroad
05/13/03 William R. Yates HQUSCIS (Services/Adoptions/Orphans, Fingerprints)

April 2003

Effect of Grandparent's Death on Naturalization under INA Section 322
04/17/03 William R. Yates /s/ Janis Sposato HQISD

Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage
04/10/03 William R. Yates /s/ Janis Sposato HQISD

Processing Fingerprint checks Prior to the Filing of Form I-600 Abroad
04/7/03 William R. Yates /s/ Janis Sposato HQISD

Guidance on "Period of Stay Authorized by the Attorney General" in Determining "Unlawful Presence" under section 212(a)(9)(B)(ii) of the Immigration and Nationality Act
04/02/03 Thomas E. Cook HQUSCIS

March 2003

The Meaning of 8 CFR 274a.12(a) as it Relates to Refugee and Asylee Authorization for Employment
03/10/03 William Yates HQISD

February 2003

Waiver of Photograph for I-90, Applicants Seeking a Replacement or Renewal Form I-551
02/14/03 Johnny N. Williams HQOPS

The Child Status Protection Act - Memorandum 2
02/14/03 Johnny N. Williams HQOPS

January 2003

Guidance on Making the Naturalization Process Accessible to Applicants with Disabilities
01/21/03 William R. Yates HQOPS (Naturalization)

Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants Pursuant to INA 322
012103 William R. Yates /s/Janis Sposato HQISD

November 2002

Guidance on Adjudication of H-1B Petitions Filed on Behalf of Nurses
11/27/02 Johnny N. Williams HQOPS (Services/H-1)

Immediate Issuance of Forms I-688Bs to New Refugees and Asylees
11/04/02 Johnny N. Williams HQOPS

October 2002

Instructions Regarding the Expanded Meaning of Section 319(a)
10/15/02 William R. Yates HQISD

September 2002

Child Status Protection Act
09/20/02 Johnny N. Williams HQOPS

August 2002

Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident
08/21/02 Johnny N. Williams HQOPS

H.R. 1209 - Child Status Protection Act
08/07/02 Joseph E. Langlois HQASM

Revocation of VAWA-Based Self-Petitions (I-360s)
08/05/02 Johnny N. Williams /s/ Thomas Schiltgen HQOPS

July 2002

Implementation of Executive Order 13269
07/17/02 William R. Yates /s/ Sposato HQISD

June 2002

Policy Change - Public Law 107-150, The Family Sponsor Immigration Act of 2002: Use of Substitute Sponsor if Visa Petitioner Has Died
06/15/02 Johnny N. Williams HQOPS

May 2002

Notice to Designated School Officials
05/30/02 Johnny N. Williams HQOPS

March 2002

Procedures for the Preservation of Immigration Benefits for Victims of Terrorism (Title IV, Subtitle C (Sections 421-428), of the USA PATRIOT Act) P.L. 107-56 (October 26, 2001)
03/08/02 Michael A. Pearson HQOPS

February 2002

Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petitions
02/22/02 William R. Yates /s/ Cuddihy HQISD

January 2002

Current List of American Association of Blood Banks Accredited Parentage Testing Laboratories
01/17/02 Michael A. Pearson /s/ David P. Peter HQOPS

Removal of Conditional Resident Status if Conditional Resident is the Spouse of an Individual Serving Abroad in the U.S. Armed Forces as Part of Operation Enduring Freedom
01/17/02 Michael A. Pearson /s/ Joseph R. Greene HQOPS

The 10/13/98N version of Form I-539, Revised Recently With an "N" Designation, Shall Be Accepted Until March 30, 2002
01/08/02 William R. Yates HQISD

Eligibility to Self-Petition as a Battered Spouse of a U.S. Citizen or Lawful Permanent Resident Within Two Years of Divorce
01/02/02 Michael A. Pearson HQOPS

December 2001

Suspension of Adjudication of Cambodian Orphan Petitions
12/21/01 James W. Ziglar HQCOM

November 2001

Social Security Cards and the Adjudication of H-1B Petition
11/20/01 Thomas Cook HQADN

Clarification of Procedures for Processing Applicants Covered by Deferred Enforced Departure (DED) who are Ineligible for Asylum
11/01/01 Joseph E. Langlois HQASM

October 2001

USA Patriot Act: New Anti-Terrorism Legislation
10/31/01 James W. Ziglar HQCOM

Extension of the Executive Order Granting Deferred Enforced Departure to Certain Liberians in the United States as of September 29, 2001
10/12/01 William R. Yates HQISD

National Interest Waivers for Second Preference Employment-Based Immigrant Physicians Serving in Medically Underserved Areas or at Veterans Affairs Facilities and Section 214(l)(2)(B) of the Act
10/01/01 William R. Yates HQISD

September 2001

Discontinue Use of Internal Revenue Service (IRS) Form 9003, Additional Questions to Be Completed by All Applicants for Permanent Residence in the United States, With Adjustment of Status Applications
09/21/01 William R. Yates HQISD

August 2001

Parole Decision Authority (Amendment to March 16, 2001 memorandum)
8/23/01 Michael A. Pearson HQOPS

July 2001

Name Change to the Coordinated Interagency Partnership Regulating International Students (CIPRIS) Project
7/20/01  Michael Cronin /s/  HQPRG

Fingerprint Waiver Policy for All Applicants for Benefits under the Immigration and Naturalization Act and Procedures for Applicants Whose Fingerprint Responses Expire after the Age Range during which Fingerprints are Required.
7/20/01  Michael A. Pearson   HQOPS

LIFE Legalization Filings (Adjustment Under Section 245A, as Modified by the LIFE Act and Applications for Family Unity Benefits Pursuant to the LIFE Act Amendments)
7/18/01 (revised memo of 5/30/01) Michael A. Pearson HQOPS

June 2001

Initial Guidance for Processing H-1B Petitions as Affected by the "American Competitiveness in the Twenty-First Century Act" (Public Law 106-313) and Related Legislation (Public Law 106-311) and (Public Law 106-396)
6/19/01  Michael D. Cronin   HQPGM

Travel After Filing a Request for a Change of Nonimmigrant Status
06/18/01 Thomas Cook HQPGM

May 2001

Public Law 106-378, Adjustment of Status for Certain Syrian Nationals
5/25/01 Michael A. Pearson HQOPS

Effect of enactment of the Child Citizenship act of 2000 on the affidavit of support requirement under INA 212(a)(4) and 213A
5/17/01 Michael D. Cronin HQPGM

Whether an Affidavit of Support is Required if the Alien Already has, or can be Credited With, 40 Qualifying Quarters of Coverage
5/17/01 Michael D. Cronin HQPGM

April 2001

Use of State Agency Records Regarding Arrest Printouts for Naturalization Quality Procedures (NQP) Purposes
04/27/01 Michael A. Pearson HQOPS

March 2001

Parole Decision Authority
3/16/01 Michael A. Pearson HQOPS

February 2001

Implementing of Amendment to the LIFE Act Regarding Applicability of INS section 241(a)(5) (reinstatement) to NACARA 203 Beneficiaries
2/22/01 Joseph E. Langlois HQASY

Post-December 21, 2000, Procedures for Aliens Who Have Been Issued Orders of Deportation of Removal and Fall Within the Classes of Aliens Made Eligible for Adjustment Under NACARA Section 202 or HRIFA under LIFE
2/14/01 Michael A. Pearson HQOPS

Changes to Section 202 of NACARA, and HRIFA Adjustment of Status under 245(i) LIFE
2/14/01 Michael A. Pearson HQOPS

January 2001

Adjustment of Status Under 245(i) and LIFE
1/26/01 (Amended) Michael D. Cronin HQOPS

 
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