A recent entrant is an alien who has been in the U.S. 12 full calendar months or less.
For example, consider an alien who actually enters the U.S. on December 16, 1988,
to be a recent entrant through December 1989. DHS files for aliens who recently have
arrived in the U.S. frequently are in transit as part of DHS processing and are unavailable
for review for up to 12 months.
When an alien has been in the U.S. 6 full calendar months or less, assume the DHS
file is unavailable for review, and contact DHS postadjudicatively. You may extend
this assumption to aliens who have been in the U.S. from 7 to 12 full calendar months,
based on the servicing DHS office's experience in receiving files for recent entrants.
For example, if the DHS office states that it routinely takes 9 months to obtain a
folder, contact DHS postadjudicatively for all entrants who have been in the U.S.
8 months or less. Place in file the justification for deferring contact beyond 6 months
(e.g., a precedent established by the FO parallel to the DHS office).
Whenever using the assumption that the DHS file is unavailable, diary the case for
the postadjudicative contact with DHS. However, develop sponsorship and the sponsor's
income and resources before adjudication of the claim (per GN 00502.160B.).
NOTE: If you learn that an DHS office routinely is able to review files of recent entrants
within 6 months, ignore the assumption regarding the availability of DHS files and
contact DHS before adjudication of the claim. NOTE: