USCIS Alters Photo Requirements
Posted Sep 26, 2003

The U.S. Bureau of Citizenship and Immigration Services (USCIS or CIS) issued a memo on September 4, 2003, to address immigration photograph requirements for those whose religious beliefs require them to cover their heads. The Memo indicates that the USCIS will now use the same policy as the U.S. Department of State (DOS) regarding head coverings. This essentially means that individuals will, in some cases, be able to use photos with religiously based head coverings that cover the hair and/or right ear.

The DOS Foreign Affairs Manual states, "head coverings and hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the applicant's face ... A photograph depicting a person wearing a traditional facemask or veil that does not permit adequate identification is not acceptable." The Memo specifically permits a person's right ear to be covered if the person is wearing a head covering required by his/her religious beliefs. Traditional head coverings that are not religiously based will not be allowed.

Those with religious objections to photography are not exempt from the photo requirements. See, our March 28, 2003 MurthyBulletin article, No Religious Waiver of Photos on Green Cards, available on MurthyDotCom. Unless medically necessary, such as an eye patch, nothing can be worn which detracts from or obscures the face.

In order for a photo of a person wearing a religious head covering to be acceptable, the applicant must include a signed statement explaining why the normal photo requirements cannot be met. Although not specified in the Memo, it may be prudent to include proof of membership to the particular religion (if available) as well as documentation from a valid source regarding the head-covering requirement within the religion. If the person fails to include, at a minimum, the required personal statement, the photo will likely be rejected. The Color Photograph Specifications, Form M-378, is currently being updated by CIS to reflect this new change. No other changes to the photo specifications are expected at present.