us-uscis-policy-manual-volume-9-part-o-chapter-6•Chapter 6 - Adjudication and Post-Adjudication Matters
Chapter 6 - Adjudication and Post-Adjudication Matters
us-uscis-policy-manual-volume-9-part-o-chapter-6Chapter 6 - Adjudication and Post-Adjudication MattersGuidance
A. Approval
If USCIS determines that the applicant is eligible for a waiver and warrants a favorable exercise of discretion, USCIS approves the waiver application. Approval notices for waivers of inadmissibility list the specific grounds USCIS waived. Inadmissibility grounds waived in connection with an application for T nonimmigrant status are not considered waived for purposes of any other immigration benefit request or travel-related purpose, except for purposes of adjustment under INA 245(l).[1]
B. Denial
If USCIS determines that the applicant is not eligible for a waiver or does not warrant a favorable exercise of discretion, USCIS denies the waiver application and notifies the applicant of the reasons for the denial in writing.
C. Appeal of Waivers
Applicants may not appeal USCIS’ decision to deny a nonimmigrant waiver sought in connection with an application for T nonimmigrant status.[2] However, the applicant may file a motion to reopen or reconsider a denied waiver application using the Notice of Appeal or Motion (Form I-290B).[3] An applicant may file a new waiver application in appropriate cases,[4] such as when there is new evidence relevant to the waiver consideration.
Applicants may appeal USCIS’ decision to deny an application for a waiver of inadmissibility sought in connection with an application to adjust status.[5] USCIS notifies the applicant in writing of the reasons for the denial and of the right to appeal the decision to the Administrative Appeals Office (AAO).[6]
D. Revocation of Waivers
USCIS, at any time, may revoke a waiver previously granted as part of the application for T nonimmigrant status or adjustment of status under INA 212(a) or INA 212(d).[7] There is no appeal of a decision to revoke a waiver.[8]
Footnotes
[^ 1] For example, in the case of a waiver sought in connection with an application for adjustment of status under INA 245(a). See Part A, Waiver Policies and Procedures, Chapter 6, Validity of an Approved Waiver, Section B, Length of Waiver Validity, Subsection 1, Certain Nonimmigrants [9 USCIS-PM A.6(B)(1)].
[^ 2] See 8 CFR 212.16(c).
[^ 3] See 8 CFR 103.5.
[^ 4] See 8 CFR 212.16(c).
[^ 5] See 8 CFR 245.23(i).
[^ 6] See 8 CFR 103.3.
[^ 7] See 8 CFR 212.18(d) and 8 CFR 212.16(d).
[^ 8] See 8 CFR 212.16(d) and 8 CFR 212.18(d).
Resources
8 CFR 103.3 - Denials, appeals, and precedent decisions
8 CFR 103.5 - Reopening or reconsideration
8 CFR 212.16 - Applications for exercise of discretion relating to T nonimmigrant status
8 CFR 212.18(d) - Revocation of applications for waivers of inadmissibility in connection with an application for adjustment of status by T nonimmigrant status holders
8 CFR 212.7 - Waiver of certain grounds of inadmissibility
8 U.S.C. 1367 - Penalties for disclosure of information
INA 212(a)(3) - Security and related grounds of inadmissibility
INA 212(d)(13); 8 CFR 212.18 - Waivers of inadmissibility
INA 212(d)(3)(A)(ii); 8 CFR 212.18 - Waivers of inadmissibility
Appendices
No appendices available at this time.
Updates
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes from the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule (T Final Rule), including updated citations, new definitions, and clarifications.
3 USCIS-PM B.1 - Chapter 1 - Purpose and Background
3 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements
3 USCIS-PM B.3 - Chapter 3 - Documentation and Evidence for Principal Applicants
3 USCIS-PM B.4 - Chapter 4 - Family Members
3 USCIS-PM B.5 - Chapter 5 - Documentation and Evidence for Family Members
3 USCIS-PM B.6 - Chapter 6 - Bona Fide Determinations
3 USCIS-PM B.7 - Chapter 7 - Adjudication
3 USCIS-PM B.8 - Chapter 8 - Annual Cap and Waiting List
3 USCIS-PM B.9 - Chapter 9 - Applicants in Removal Proceedings
3 USCIS-PM B.10 - Chapter 10 - Duration and Extensions of Status
3 USCIS-PM B.11 - Chapter 11 - Federal Benefits and Work Authorization
3 USCIS-PM B.12 - Chapter 12 - Travel Outside the United States
3 USCIS-PM B.13 - Chapter 13 - Revocation of Status
9 USCIS-PM O.2 - Chapter 2 - Waivers for Victims of Trafficking
9 USCIS-PM O.3 - Chapter 3 - INA 212(d)(13) Waivers
9 USCIS-PM O.5 - Chapter 5 - Waivers for T Nonimmigrants Applying for Adjustment of Status
9 USCIS-PM O.6 - Chapter 6 - Adjudication and Post-Adjudication Matters
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the adjudication of applications for T nonimmigrant status for victims of severe forms of trafficking in persons.
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
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