Important Memos & Other Government Releases

Because the Department of Homeland Security (DHS) works as an administrative agency, they often issue important Memos or other guidance manuals to assist their staff, the people and attorneys to clarify important issues. The following are few important memos and guides we have identified. This list in no way is comprehensive and does not include all the memos, guides, frequently asked questions and other related documents which actually have been released. However, we hope this short list might be helpful to our readers:

EMPLOYMENT BASED
  • 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 (AC21) (Public Law 106-313), as amended, and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), Title IV of Div. C. of Public Law 105-277 – AC 21 Memo 2008
  • 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) – May2005 AC 21 Memo
  • Determining Employer-Employee relationship for H1B – January 2010 Neufeld Memo – H1B Employer-Employee Memo
  • The AC21 Memo 2005 – AC 21 December 2005 Memo
  • Questions and Answers on Same or Similar Positions under AC 21
  • Applicability of Section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a) of the Immigration and Nationality Act – INA 245(k) 14 Jul 2008
FAMILY BASED
  • Adjustment of status under section 245(i), as amended by the Legal Immigration Family Equity Act Amendments of 2000 – INA 245(i)
  • Removal of Conditions (I-751) memo on divorce April 2009 – I-751 File Prior to Termination of Marriage
  • 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 – Adjudication of Form I-751
  • Guidance for Determining if an Adoption is Valid for Immigration and Nationality Act (INA) Purposes; Updates to Adjudicator’s Field Manual (AFM) Chapters 21.4, 21.5, 21.6, 21.10 and 71.1; AFM Update AD12-10 – Guidance On Adoption July 2012
NATURALIZATION
HUMANITARIAN
  • Adjustment of status for VAWA self-petitioner who is present without inspection – VAWA EWI 2008
  • Extension of Status for T and U Nonimmigrants; Revisions to Adjudicator’s Field Manual (AFM) Chapter 39.1(g)(3) and Chapter 39.2(g)(3) (AFM Update AD11-28) – Extension of Status T & U Visas
OTHER BENEFITS
BOARD OF IMMIGRATION APPEALS DECISIONS
  • Matter of Cezareo SANCHEZ SOSA, et al., Respondents - 25 I&N Dec. 807 (BIA 2012) – Judge should have granted a continuance for the U visa processing.
  • Matter of M-Z-M-R-, Respondent – 26 I&N Dec. 28 (BIA 2012) – (1) In assessing an asylum applicant’s ability to internally relocate, an Immigration Judge must determine whether the applicant could avoid future persecution by relocating to another part of the applicant’s country of nationality and whether, under all the circumstances, it would be reasonable to expect the applicant to do so. (2) For an applicant to be able to internally relocate safely, there must be an area of the country where the circumstances are substantially better than those giving rise to a well-founded fear of persecution on the basis of the original claim. (3) If an applicant is able to internally relocate, an Immigration Judge should balance the factors identified at 8 C.F.R. § 1208.13(b)(3) (2012) in light of the applicable burden of proof to determine whether it would be reasonable under all the circumstances to expect the applicant to relocate.