POLICY MANUAL UPDATE: Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits

Purpose

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy
Manual addressing the President’s recent exercise of his authority under section 212(f) of the
Immigration and Nationality Act (INA) through Presidential Proclamation 10949, “Restricting the
Entry of Foreign Nationals To Protect the United States from Foreign Terrorists and Other National
Security and Public Safety Threats” (PP 10949) and its impact on USCIS adjudications.

Background

INA 212(f) authorizes the President to, by proclamation, suspend the entry of all aliens or any class of
aliens, or impose on the entry of aliens any restrictions he may deem appropriate. On June 4, 2025,
the President issued PP 10949 to exercise his INA 212(f) authority and suspend the entry or
admission of aliens from nineteen countries.2 With certain exceptions,3 PP 10949 applies to aliens
who are outside of the United States on or after June 9, 2025 and who do not have a valid visa on or
after June 9, 2025.
Effective immediately, USCIS will consider relevant country-specific facts and circumstances such as
those outlined in PP 10949 as part of its adjudication of discretionary benefit requests. Discretionary
benefit requests that USCIS adjudicates include, but are not limited to, certain adjustment of status
applications, extension of nonimmigrant stay, and change of nonimmigrant status. USCIS is now
updating its guidance to explain how INA 212(f) and PP 10949 impact USCIS’ exercise of discretion.
This guidance, contained in Volume 1 of the Policy Manual, applies to requests pending or filed on or
after the publication date. The guidance contained in the Policy Manual is controlling and supersedes
any related prior guidance.
Policy Highlights

Provides that, with certain exceptions, USCIS considers any relevant country-specific
factors such as those specified in PP 10949 as significant negative factors in the adjudication
of discretionary benefit requests.
Provides country-specific factors that include but are not limited to insufficient vetting and
screening information that limits USCIS’ ability to assess the risks posed by aliens from the
countries identified in PP 10949.

Summary of Changes

Affected Section: Volume 1 > Part E > Chapter 8, Discretionary Analysis
• Revises table in Section A (Applicability).
• In Section C (Adjudicating Discretionary Benefits), revises Subsection 2 (Identifying
Discretionary Factors) throughout.
Affected Section: Volume 7 > Part A > Chapter 10 > Section B, Adjustment of Status Applications
Involving Discretion
• Revises fifth paragraph and adds new paragraph six in Subsection 1 (Determining Whether
Favorable Exercise of Discretion is Warranted).
Affected Section: Volume 9 > Part A > Chapter 5 > Section A, Discretionary Factors
• Revises first paragraph and adds new second and third paragraphs.
Affected Section: Volume 10 > Part A > Chapter 4 > Section A, General
• Adds new fourth paragraph.
USCIS may also make other minor technical, stylistic, and conforming changes consistent with this
update.