Chapter 2 - Presumption of Lawful Admission Despite Certain Errors Occurring at Entry

Under certain circumstances, immigrants and nonimmigrants may still be considered as having been lawfully admitted even if the following errors occurred at the time of their admission:

  • Entry was made and recorded under a name other than the immigrant’s or nonimmigrant's full true and correct name; or

  • Entry record contains errors in sex, names of relatives, or names of foreign places of birth or residence. [1] 

As long as the applicant proves by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him or herself, the admissions record can be corrected and the applicant considered lawfully admitted. [2] 

If correcting an error in name that occurred as part of an entry on or after May 22, 1918, then the applicant must also establish that the name used was not adopted for the purpose of concealing identity when obtaining a passport or visa, or otherwise evading immigration law. Additionally, the name used at the time of entry must have been one the applicant was known by for a sufficient length of time before applying for a passport or visa so true identity could have been established. [3] 

If the error took place during admission at a port of entry, the applicant should go to the nearest port of entry or U.S. Customs and Border Protection (CBP) deferred inspection office in person to correct the error. [4] If USCIS made an error on the Arrival/Departure Record (Form I-94), the applicant should file an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102) for correction. 

Footnotes


1. [^] See 8 CFR 101.2. See 8 CFR 264.2.

2. [^] See 8 CFR 101.2.

3. [^] See 8 CFR 101.2.

4. [^] To locate a port of entry, go to cbp.gov/contact/ports. To locate a deferred inspection site, go to cbp.gov/document/guidance/deferred-inspection-sites

8 CFR 101.2 - Presumption of lawful admission; entry under erroneous name or other errors

8 CFR 264.2 - Application for creation of record of permanent residence

Appendices


No appendices available at this time.

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

May 21, 2020

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.

AFFECTED SECTIONS

 

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

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”].

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POLICY ALERT - Use of Form G-325A

October 25, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).

AFFECTED SECTIONS

 

POLICY ALERT - Registration of Lawful Permanent Resident Status

December 21, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing registration of lawful permanent resident (LPR) status.

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