OPERATIONS INSTRUCTIONS - Gani

Service Law Books
(g) Blanket bonds for departure of visitors and transits.
District directors shall set up controls to keep up-to-date charges against each blanket bond posted
pursuant to 8 CFR 103.6(d) to prevent the number of aliens admitted under the bond from exceeding the
number provided for in the bond.
(h) Surety bonds.
When a bond is executed by a surety company, the office which approves and accepts the bond shall
promptly forward a copy thereof, noted "Information copy," to the person who executed a written instrument
with the surety company requesting it to post the bond, as shown on the Form I-352, Immigration Bond.
When a bond is breached, both the agent who wrote the original bond and the surety company should be
advised of the breach. This should be done on Form I-323. (Added)
(i) Appearance and delivery bond.
The condition against the alien's employment should be inserted in an appearance and delivery bond only
in aggravated cases where justified for a purpose relating to the immigration laws. Where appropriate, the
regional commissioner may obtain the views of the Department of Labor concerning the availability of
American workers and suitability of working conditions. In every case where a condition against the alien's
employment is set, the order to show cause shall be stamped "Bond -Employment Not Authorized." This
stamp shall be centered on the bottom of the face of the order to show cause. In addition, the alien's right
thumb print shall be placed in the lower right-hand portion of the Certificate of Service on the reverse side of
the order to show cause.
(j) Acceptance of appearance and delivery bonds.
Aliens desirous of posting appearance and delivery bonds with this Service should be assisted in every
way possible and given every opportunity to post such bonds, not only during regular office hours, but at
reasonable hours during after-duty hours and on weekends. The determination as to what constitutes
reasonable hours will depend upon the facts in an individual case. All officers involved in the apprehension
and detention of aliens should be furnished with a list of names and telephone numbers of those employees
who can accept and process immigration delivery bonds.
OI 103.7 Determination of citizenship status.
Generally, a determination of an individual's status as a citizen of the United States shall not be made unless
the question of his citizenship status is an issue in a proceeding or function authorized by statute,
regulation, or operations instruction. Where for example, the citizenship claimant is the subject of pending
exclusion or deportation proceedings, or seeks to initiate vis petition proceedings as a citizen, the
determination shall be made in such proceedings. Similarly, if the circumstances are such that an application
pursuant to section 341 or 343 of the Act, or an application for a citizen identification card under 8 CFR
235.10 would afford an appropriate means of resolving the citizenship question, the determination is required
to be made in proceedings initiated by such applications.
Where an individual whose citizenship status is not an issue in any proceeding before the Service claims that
he was in fact a citizen of the United States at the time he was last admitted as an immigrant or
nonimmigrant or, if he was admitted as a citizen but was thereafter held to be an alien by the Department of
State and the individual claims that he was properly admitted as a citizen of the United States, the claimant's
request that the Service find that he was a United States citizen at the time of admission may be determined
independently of formal Service proceedings. In these situations, it is mandatory, and the responsibility of
the adjudicating Service officer, to interview the claimant and thereafter make an independent determination
of citizenship status, separate and apart from any previous adjudication which may have been entered by
another government agency or department. The adjudication shall be supported by a brief but adequate
memorandum for the file, setting forth the pertinent facts and law, and the evidence considered in arriving at
the determination of status.
For policy and procedure to be followed in returning a surrendered certificate of naturalization or citizenship
based upon the expatriation reversal in Schneider v. Rusk or Afroyim v. Rusk, or as a result of the effect of
the amendment of section 301(b) on October 27,1972, P.L. 92584, and in officially acknowledging an
expatriation reversal premised upon such decisions or section 301(b), as amended, see 8 CFR 343a.2 and
OI343a.7
OI 103.8 AVAILABILITY TO THE PUBLIC OF OPINIONS AND ORDERS.