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Immigration Policy and Procedural Memoranda

immigration lawyers

This page provides access to various policy and procedural memoranda which gives guidance to USCIS adjudicators in their work of processing applications and petitions for immigration benefits while still protecting national security.

The following are selected memos of interest


Crimes of Moral Turpitude

The list of crimes of moral turpitude that are reasons for exclusion from the U.S. is also quite detailed. The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S.

Mandatory Detention

This memorandum outlines the civil immigration enforcement priorities of U.S. Immigration and Customs Enforcement (ICE) as they relate (0 the apprehension, detention, and removal of aliens. These priorities shall apply across all ICE programs and shall infonn enforcement activity. detention decisions, budget requests and execution. and strategic planning. John Morton, Assitant Secretary ICE - June 30, 2010

Humanitarian Parole

Parole is governed by numerous Public Laws and national policy.  Parole is a discretionary authority that allows for the temporary entry of individuals into the United States for urgent humanitarian reasons or for significant public benefit.

February, 2011

Guidance for Coordinating the Adjudication of Applications and Petitions Involving Individuals in Removal Proceedings; Revisions to the Adjudicator's Field Manual (AFM) New Chapter 10.3(i): AFM Update AD 11-16 (92KB PDF)


Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act; (102KB PDF)
Revisions to Adjudicator's Field Manual (AFM): New Chapter 10.21 and an Amendment to Chapter 21.2(h)(1)(C) (AFM Update AD-10-51)


Evaluation of Evidence Submitted with Certain Form I-140 Petitions (138KB PDF)
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update AD11-14


Additional Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and their Children ( PDF)


January 2009

The inadmissibility period continues to run even if the alien is paroled inlo the United States or is lawf'ully admitted as a nonimmigrant under section 212(d)(3), despite his or her inadmissibility under section 212(a)(9)(B).
Lynden Melmed Chief Counsel


October, 2009

Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions ( PDF)
Additions to Adjudicator's Field Manual, Chapter 25.1(g)(6) and 25.1(h)(4) and Appendix XXXX (AFM Update AD09-48) Donald Neufeld, Acting Associate Director, Domestic Operations 


Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and their Children ( PDF)
Donald Neufeld, Acting Associate Director,Office of Domestic Operations


May, 2009

Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation (64KB PDF)
Barbara Q. Velarde, Chief, Service Center Operations


Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act (2970KB PDF)
Donald Neufeld, Acting Associate Director, Domestic Operations Directorate
Lori Scialabba, Associate Director Refugee, Asylum and International Operations Directorate 


I-751 Filed Prior to Termination of Marriage (155KB PDF)
Donald Neufeld, Acting Associate Director, Domestic Operations Directorate 


Applicability of Section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a) of the Immigration and Nationality Act; Revisions to Adjudicator's Field Manual (AFM) Chapter 23.5(d) (AFM Update AD06-47) (84KB PDF)
Donald Neufeld, Acting Associate Director, Domestic Operations


May, 2008

Supplemental Guidance Relating to Processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions, and Form I-485, Adjustment Applications Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (...) (138KB PDF)
Donald Neufeld, Acting Associate Director, Domestic Operations


Revised Guidance for the Child Status Protection Act (CSPA)
AFM Update: Chapter 21.2(e) The Child Status Protection Act of 2002 (CSPA) (AD07-04)
 (106KB PDF)

Donald Neufeld, Acting Associate Director, Domestic Operations


Adjustment of status for VAWA self-petitioner who is present without inspection
Revision of Adjudicator's Field Manual (AFM) Chapter 23.5 (AFM Update AD 08-16)
 (57KB PDF)

Donald Neufeld for Michael Aytes, Associate Director, Domestic Operations


Effect of Form I-130 Petitioner's Death on Authority to Approve the Form I-130; Revisions to Adjudicator's Field Manual (AFM) Chapter 21.2 (AFM Update AD08-04) ( PDF)
Michael Aytes, HQOPS


Adjustment of Status for K-2 Aliens under the Age of 21 ( PDF)
Michael Aytes HQOPS


Eligibility of Arriving Aliens in Removal Proceedings to Apply for Adjustment of Status and Jurisdiction to Adjudicate Applications for Adjustment of Status ( PDF)
Revisions to Adjudicator's Field Manual (AFM) Chapter 23.2(b) (AFM Update AD06-34)

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Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..

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