Adopted AAO Decisions
U.S. Citizenship and Immigration Services (USCIS) occasionally “adopts” an Administrative Appeals Office (AAO) non-
precedent decision as binding policy guidance for USCIS personnel.
An adopted AAO decision is identified by a unique citation format as well as by a USCIS cover memorandum announcing
its designation as an adopted decision.
Current adopted AAO decisions are listed below:
Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016)
Matter of Vazquez, Adopted Decision 07-0006 (AAO July 31, 2007)
Matter of Perez Quintanilla, Adopted Decision 07-0005 (AAO June 7, 2007)
Matter of IT Ascent, Inc., Adopted Decision 06-0001 (AAO Sept. 2, 2005)
Previous adopted decisions, now superseded by USCIS policy or by designation of the adopted decision as a precedent
decision, are listed below:
Matter of Buschini, Adopted Decision 06-0004 (AAO June 30, 2006), overruled by Matter of Vazquez, Adopted
Decision 07-0006 (AAO July 31, 2007)
Matter of Chawathe, Adopted Decision 06-0003 (AAO Jan. 11, 2006), superseded by Matter of Chawathe, 25 I&N
Dec. 369 (AAO Oct. 20, 2010)
Matter of Al Wazzan, Adopted Decision 06-0002 (AAO Jan. 12, 2005), superseded by Matter of Al Wazzan, 25 I&N
Dec. 359 (AAO Oct. 20, 2010)
Last Reviewed/Updated: 03/15/2016
Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016):
In addition to primary care physicians, medical specialists who agree to practice in any area designated
by the Secretary of Health and Human Services as having a shortage of health care professionals may be
eligible for the physician national interest waiver under section 203(b) (2) (B)(ii) of the Immigration and
Matter of Vazquez, Adopted Decision 07-0006 (AAO July 31, 2007):
(1) Applicants born in a country other than the Republic of Cuba and who hold the citizenship of that
country may still establish Cuban citizenship for the purposes of adjustment under section 1 of Pub. L.
89-732 (November 2, 1966), as amended, the Cuban Adjustment Act, if they document their birth to a
Cuban father or mother outside Cuba, as required by Article 29(c) of the Cuban Constitution. Individuals
born outside Cuba whose Cuban citizenship is not documented with a Cuban passport, may establish
Cuban citizenship for the purposes of adjustment under the Cuban Adjustment Act through the
submission of a Cuban birth certificate issued by the Civil Registry of Cuba in Havana, or a Cuban
consular certificate documenting their birth to at least one Cuban parent within the consular district
served by the consulate.
(2) Documentary requirements previously established by Matter of Buschini, USCIS Adopted Decision
06-0004 (AAO, June 30, 2006) are overruled and will no longer be followed by Citizenship and
Matter of Perez Quintanilla, Adopted Decision 07-0005 (AAO June 7, 2007):
(1) Pursuant to section 101(a)(27)(J)(iii)(I) of the Immigration and Nationality Act (the Act), 8 U.S.C. §
1101(a)(27)(J)(iii)(I), when an applicant for special immigrant juvenile status is in the actual or
constructive custody of the Secretary of the Department of Homeland Security, he or she must obtain the
Secretary’s specific consent to a juvenile court’s jurisdiction to determine his or her custody status or
placement. For the purpose of determining whether an applicant is in the constructive custody of the
Secretary such that specific consent is required, U.S. Citizenship and Immigration Services will look to
the current policy and practices of U.S. Immigration and Customs Enforcement.
(2) Pursuant to 8 C.F.R. § 204.11(c)(5), an applicant must continue “to be dependent upon the juvenile
court and eligible for long-term foster care” in order to be eligible for special immigrant juvenile status.
Eligibility for long-term foster care is defined by regulation to mean “that a determination has been made
by the juvenile court that family reunification is no longer a viable option.” 8 C.F.R. § 204.11(a). When a
juvenile court in the State of Florida extends its jurisdiction over an applicant beyond his or her 18th
birthday pursuant to Florida Statute § 39.013(2), and the juvenile court has determined that the applicant
is eligible for long-term foster care due to the non-viability of family reunification, the applicant continues
to meet the eligibility criteria for special immigrant juvenile status set forth in 8 C.F.R. § 204.11(c)(5),
unless the juvenile court orders otherwise.
Matter of IT Ascent, Inc., Adopted Decision 06-0001 (AAO Sept. 2, 2005):
(1) The 6-year period of authorized admission of an H-lB nonimmigrant accrues only during periods
when the alien is lawfully admitted and physically present in the United States.
(2) The petitioner must submit supporting documentary evidence to meet its burden of proof. Copies of
passport stamps or Form 1-94 arrival-departure records, without an accompanying statement or chart of
dates the beneficiary spent outside the country, could be subject to error in interpretation, might not be
considered probative, and may be rejected by CIS. Similarly, a statement of dates spent outside of the
country must be accompanied by consistent, clear and corroborating proof of departures from and
reentries into the United States.