Safe Address and Special Procedures for Persons Protected by 8 U.S.C. 1367

Key changes

• U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to provide guidance on mailing address and case handling procedures for persons protected under 8 U.S.C. 1367. This guidance becomes effective July 11, 2023. Note: The effective date for this policy has changed to March 29, 2024.
• Provides that 8 U.S.C. 1367(a)(2) prevents DHS from disclosing “any information which relates” to a protected person subject to certain limited exceptions.9 This includes information USCIS has in its records or other information about the protected person, even if those records do not specifically identify the person as one who has sought VAWA, T, or U benefits.
• Provides that officers must review each form individually to determine where to send notices and secure identity documents, taking into consideration the protected person’s selections regarding receipt of USCIS notices and documents on the Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28).
• Explains that the prohibition on adverse determinations described in 8 U.S.C. 1367(a)(1) applies to all cases where a protected person is an applicant, beneficiary, or petitioner. Therefore, even if an officer is adjudicating a non-victim-based application or petition filed by a protected person, the officer cannot make adverse case determinations based solely on information provided by a prohibited source.
• Provides clear guidance on mailing address procedures for protected persons represented by an attorney or accredited representative, protected persons without an attorney or accredited representative, and protected persons with multiple pending forms.