USCIS Interoffice Memorandums

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Date: May 3, 2006

Re: Legal and Discretionary Analysis for Adjudication

Headings....

1. Law enforcement checks:

2. Legal analysis:

3. Waivers:

4. Discretionary analysis:

Nonexclusive List of USCIS Case Types Authorizing Discretion Adjustment of status under 245 and 209(b ) (with limited exceptions such as NACARA section 202 and HRIFA) and creation of record under Section 249

-Employment authorization (with limited exceptions such as for asylum applicants)

-Waivers of various inadmissibility grounds, and advance permission to return to the U.S., INA 211, 212 and 213

-Extension of nonimmigrant stay and change of nonimmigrant status

-Advance parole and reentry permits Temporary protected status

-Waiver of labor certification requirement “in the national interest” Revocation of visa petitions, INA 205

-Waiver of joint filing requirement to remove conditions on permanent residence

-Fiancé petitions, INA 214(d)

-Special Rule Cancellation of Removal for Battered Spouses and Children, INA 240A(b )(2)(D)

-Furnishing of information otherwise protected by the legalization confidentiality provisions, INA 245A©(5)©

http://www.uscis.gov/graphics/lawsregs/handbook/LegalDscrAnlys050306.pdf

Date: May 3, 2006

Re: Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries The purpose of this memorandum is to provide interim guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner’s1 criminal history involving violence or sex offenses to potential visa beneficiaries or their legal guardians.

http://www.uscis.gov/graphics/lawsregs/handbook/DisclsCrHst050306.pdf

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USCIS Interoffice memo which will help in knowing how an adjudicator may view your file re IMBRA issues and by doing so give some guidance as to what one should submit to support waivers when filing I-129F for fiance or spouse.

Re: International Marriage Broker Regulation Act Implementation Guidance

http://www.uscis.gov/graphics/lawsregs/handbook/IMBRA072106.pdf

Interoffice memo re Adam Walsh Child Protection and Safety Act of 2006 as it applies to petitioning.

Date: July 28, 2006

SUBJECT: Adam Walsh Child Protection and Safety Act of 2006

This memorandum provides guidance for the initial implementation of the recently enacted Immigration Law Reforms to Prevent Sex Offenders from Abusing Children (Title IV of the Adam Walsh Child Protection and Safety Act of 2006).

On July 27, 2006, President Bush signed into law H.R. 4772, the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”), an Act to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.

Section 402 of the Adam Walsh Act amends section 204 of the Immigration and Nationality Act (INA) to prohibit U.S. citizens and lawful permanent resident aliens who have been convicted of any “specified offense against a minor” from filing a family-based immigrant petition (including the Form I-130 and the Petition to Classify Orphan, Form I-600A or I-600) on behalf of any beneficiary, unless the Secretary of Homeland Security determines in his sole and unreviewable discretion that the petitioner poses no risk to the beneficiary. Section 402 of the Adam Walsh Act also amends section 101(a)(15) of the INA to remove spouses or fiancés of U.S. citizens convicted of these offenses from eligibility for “K” nonimmigrant status (Form I-129F).

The operative definition of “specified offense against a minor” is contained in section 111(7) of the Adam Walsh Act

http://www.uscis.gov/graphics/lawsregs/handbook/AdamWalshAct072806.pdf

Edited October 25, 2006 by aussiewench