Immigration News  |
| Changes in immigration that impact your life. |
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| USCIS Memo amends guidance on Posthumous Immigration Benefits |
| May 03, 2006 |
U.S. Citizenship and Immigration Services has issued a Memorandum that provides
revised instructions on the processing of Forms I-360 and I-485 filed for the
purpose of seeking posthumous immigration benefits, and provides guidance on how
to interpret the statutory requirement “died as a result of injury or disease
incurred in or aggravated by combat”.
Effectively immediately, USCIS field offices will comply with the following instructions.
A. Processing Instructions for Forms I-360 and I-485
Both the CSC and the USCIS domestic district office that has jurisdiction over
the alien’s place of residence for family-based petitions and applications
may accept a stand alone Form I-360 or a Form I-360 concurrently filed with Form
I-485. This change in processing instructions will provide better customer service
to affected aliens and should improve operational efficiency.
USCIS is amending the instructions to the Form I-360 to notify the public of the
evidence that should be submitted in support of a request for posthumous benefits.
In the interim, USCIS will continue its current practice of requesting the evidence
noted in AFM Subchapter 21.11(c)(1) and (d)(3) from individuals in conjunction
with adjudication of the Form I-360.
B. USCIS Interpretation of “Died as a result of…Combat”
Consistent with the statutory definition of “combat-related disability”
as well as DOD and VA standards used to make combat-related disability determinations,
USCIS adjudicators are directed to interpret “died as a result of injury
or disease incurred in or aggravated by combat” to mean:
- The death is attributable to an injury or disease for which the member
was awarded the Purple Heart; or
- The death resulted from an injury or disease that was incurred or aggravated:
- as a direct result of armed conflict;
- while engaged in hazardous service;
- in the performance of duty under conditions simulating war; or
- through an instrumentality of war.
On January 24, 2004, the USCIS issued implementing instructions for posthumous
immigration benefits provided by ‘National Defense Authorization Act for
Fiscal Year 2004’.” This memorandum incorporates a portion of guidance
of the January 24, 2004, memorandum into the Adjudicator’s Field Manual
(AFM).
For complete text of the USCIS Memorandum, click
here.
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