We have just reviewed a leaked an undated USCIS memorandum. It appears to be authentic, and indicates that USCIS will continue processing adjustment of status (I-485) and other applications for citizens of the 7 countries subject to the Immigration Ban Executive Order. Apologies for the poor quality. It appears the document was photographed with a cell phone.
The leak has been confirmed here by the Intercept.[Updated 14:30 hr PST]
Transcribed text of the memo.
TO: All USCIS Employees
From: Lori Scialabba
Subject: Guidance Concerning Executive Order on Immigration
On January 27, President Trump signed an Executive Order entitled “Protecting The Nation From Foreign Terrorist Entry Into the United States.” This memorandum provides guidance from the Department of Homeland Security (DHS) regarding the impact of this Executive Order on various immigration benefit requests.
All USCIS employees should be aware of current guidance from DHS, specifically:
- Section 3(c) of the Executive Order does not affect US CIS adjudication of applications and petitions filed for or on behalf of individuals in the United States regardless of their country of nationality. Section 3(c) also does not affect applications and petitions by lawful permanent residence outside the United States, or applications and petitions for individuals outside the United States whose approval does not directly confer travel authorization (including any immigrant or nonimmigrant visa petition). This includes but is not limited to the matters discussed more specifically in paragraphs 2, 3 and 5 below
- Applications to register permanent residence or just status (Form I-485) make continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Executive Order.
- USCIS will adjudicate Refugee/Asylee Relative Petitions (Form I-730) for all beneficiaries, from any country of nationality, currently in the United States according to existing policies and procedures. Further guidance will be issued with respect to beneficiaries currently outside of the United States.
- USCIS will continue refugee interviews when the person is a religious minority in his or her country of nationality facing religious persecution. Additionally, USCIS will continue refugee interviews in jurisdictions where there is a pre-existing international agreement relating to refugee processing. USCIS will not approve a refugee application for an individual who we determined would pose a risk to the security or welfare of the United States. USCIS will continue adjudicating all affirmative asylum cases according to existing policies and procedures.
Questions concerning information contained in this memorandum may be addressed via your directorate or program office through appropriate supervisory channels.
Scanned copy of the memo.
The memorandum may be downloaded here: Scialabba Memo 2-2-17.