Applicability of 8 U.S.C. 1367(a)(1) and (a)(2) Provisions

Key changes

• U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the applicability of 8 U.S.C. 1367(a)(1) and (a)(2) provisions. This revision also resolves minor technical errors in previously published safe address procedures for aliens protected under 8 U.S.C. 1367.
• Clarifies the applicability and duration of protections under 8 U.S.C. 1367 generally, as well as how evidence submitted by, or about, the protected alien should be considered.
• Explains the process where, under 8 U.S.C. 1367(a)(1), DHS considers whether an alien has been convicted of a crime or crimes under INA 237(a)(2) prior to making an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act using information furnished solely by an alleged or confirmed abuser, trafficker, perpetrator of the qualifying crime committed against them, or another source listed under 8 U.S.C. 1367(a)(1)(A) – (F).
• Confirms that, in alignment with 8 U.S.C. 1367, if DHS determines that an alien has been convicted of a crime or crimes under INA 237(a)(2), or if DHS is not making an adverse determination regarding admissibility or deportability (for example, denial of a Form I-360, VAWA self-petition, a Form I-751, or an Application for Employment Authorization for Abused Nonimmigrant Spouse (Form I-765V)), the prohibited source protections provided under 8 U.S.C. 1367(a)(1) do not apply.
• Explains that, solely in the context of evaluating 8 U.S.C. 1367(a)(1) prohibited source provision applicability, DHS does not consider any available waivers of inadmissibility.
• Revises USCIS procedures related to denaturalization of protected aliens, specifically, clarifying that USCIS reinstates 8 U.S.C. 1367 protections upon initiation (not consideration, as previously stated) of denaturalization proceedings.
• Confirms that only adults can waive their confidentiality protections under 8 U.S.C. 1367(b)(4).
• Explains that alien registration requirements as well as change of address requirements apply to aliens protected under 8 U.S.C. 1367.
• Expands access to USCIS Contact Center to allow protected aliens’ attorneys and representatives to submit case inquiries and clarifies safe mailing procedures for aliens who only provide USCIS with a physical address for correspondence.