Green cards & adjustmentPOLICY UPDATE
Post-Adjustment Jurisdiction for INA 246 Proceedings
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify guidance regarding jurisdiction over rescission of lawful permanent resident (LPR) status.
Effective date and application
This guidance, contained in Volume 7 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify guidance regarding jurisdiction over rescission of lawful permanent resident (LPR) status.
- Clarifies that any USCIS field office has jurisdiction to initiate rescission proceedings if a noncitizen was not eligible for adjustment of status at the time LPR status was granted.
- Clarifies that, in the cases of LPRs who adjusted status pursuant to the Nicaraguan Adjustment and Central American Relief Act (NACARA) after an asylum office granted suspension of deportation or special rule cancellation of removal, the asylum office that issued the grant initiates rescission proceedings and coordinates with the asylum office that has jurisdiction over the place of residence to determine the next steps in the rescission process.
