Chapter 1 - Purpose and Background

us-uscis-policy-manual-volume-1-part-a-chapter-1Chapter 1 - Purpose and BackgroundGuidance

A. Purpose

USCIS is the government agency that administers lawful immigration to the United States.[1] USCIS ensures its employees have the knowledge and tools needed to administer the lawful immigration system with professionalism. USCIS provides accessible, reliable, and accurate guidance and information about benefit requests[2] and public services.

This part provides guidance on USCIS public services, including case assistance, online tools, feedback, procedures when a person is a member of a special protected class, privacy and confidentiality requirements, and other general administration topics.

B. Background

On March 1, 2003, USCIS assumed responsibility for the immigration service functions of the federal government. The Homeland Security Act of 2002 dismantled the Immigration and Naturalization Service (INS) and separated the agency into three components within the Department of Homeland Security (DHS).[3]

The Homeland Security Act created USCIS to enhance the security and efficiency of national immigration services by focusing exclusively on the administration of benefit applications. The law also formed Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to oversee immigration enforcement and border security.

USCIS benefits from a legacy of more than 100 years of federal immigration and naturalization administration.[4] The Agency History page on USCIS’ website provides information about the agency’s history, presents research from the History Office’s historians, and makes selected historical documents available electronically.

C. Legal Authorities

  • Homeland Security Act of 2002, Pub. L. 107–296 (PDF)[5] – Dismantled the INS and created USCIS to enhance the security and efficiency of national immigration services by focusing exclusively on the administration of benefit applications
  • Privacy Act of 1974, 5 U.S.C. 552a (PDF), as amended[6] – Establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about persons that is maintained in systems of records by federal agencies
  • Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (PDF)[7] – Ensuring persons with a disability are not excluded from participation in or subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any federal agency

Footnotes


[^ 1] For more information, see the About Us webpage.

[^ 2] The terms “benefit request” and “immigration benefit request,” as used in this part, include, but are not limited to, all requests funded by the Immigration Examinations Fee Account (IEFA). These terms may also refer to forms or requests not directly resulting in an immigration benefit, such as those resulting in an exercise of prosecutorial discretion by DHS.

[^ 3] See Homeland Security Act of 2002, Pub. L. 107–296 (PDF), 116 Stat. 2135 (November 25, 2002).

[^ 4] See the Organizational Timeline page on USCIS’ website.

[^ 5] See Pub. L. 107–296 (PDF), 116 Stat. 2135 (November 25, 2002).

[^ 6] See Pub. L. 93-579 (PDF), 88 Stat. 1896 (December 31, 1974).

[^ 7] See Section 504 of Pub. L. 93-112 (PDF), 87 Stat. 355, 394 (September 26, 1973).

Resources

Legal Authorities

29 U.S.C. 701 - Rehabilitation Act

5 U.S.C. 552a(b) - Conditions of disclosure

INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

Forms

No forms available at this time.

Appendices

No appendices available at this time.

Updates

Technical Update - Removing Obsolete Alert Box and Other Updates

This technical update makes minor changes to the Policy Manual to remove an obsolete alert box and to conform with changes to the USCIS website.

Technical Update - Replacing the Term "Noncitizen"

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.

Technical Update - Updating USCIS Mission Statement

This technical update to Volume 1, Part A, incorporates the new USCIS mission statement: USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.

Technical Update - Replacing the Term “Alien”

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”].

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

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.

Technical Update - Replacing the Term “Foreign National”

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”].

POLICY ALERT - USCIS Public Services

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information.

Read More
POLICY ALERT - Customer Service

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service.

Read More

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