OPERATIONS INSTRUCTIONS - Gani

Service Law Books
OI 104 Communication with Department of State.
OI 104.1
OI 104.2
OI 104.3
Communications with Department of State
Contacts by foreign governments
Service center liaison with the Office
of Fraud Prevention Programs
OI 104.1 Communications with Department of State.
Service offices may communicate directly with the Department of State as follows: with the Visa Office or
Passport Office of the Bureau of Security and Consular Affairs, on non-policy matters; with the Office of
Security, by use of Form G-325B in accordance with OI 105.4; with the Bureau of Educational and Cultural
Affairs in accordance with OI 212.8(e) and 214.2(j) with the Agency for International Development as
specified in OI 212.8(e) and with the Office of Refugee and Migration Affairs on Asylum matters. (Revised)
Except as otherwise specifically provided (as, for example, with the Office of Refugee and Migration Affairs
on asylum matters), any request to the Department of State for an advisory opinion with respect to an alien
shall be addressed to the Director, Visa Office, Department of State, Washington, D.C. 20520. Field offices
shall not communicate directly with the Visa Office, however, on policy matters or interpretations of law or
regulations; questions involving such matters, shall be forwarded through appropriate channels.
Service offices may communicate directly with embassies and consulates only for the purpose of:
transmitting approved visa petitions, immigration or citizenship documents or, with respect to Canada or
Mexico, waiver concurrences; requesting information in connection with a section 245 application (see OI
105.10(b) and 245.2(d); requesting certified copies of nonimmigrant visa applications and documents
submitted by aliens in support of such applications, for use in connection with exclusion or expulsion
proceedings or possible prosecution for violation of 18 U.S.C 1546 in nonimmigrant fraud cases; replying to
inquiries received directly from them. However, Service offices may communicate directly with embassies
and consulates in all requests for Service action in overseas areas under the jurisdiction of the district office
in Miami (see OI 103.1(c)(1)). Notwithstanding the foregoing, consideration should be given to
communicating with offices of this Service outside the United States relative to unusual or complex cases
which might best be resolved through liaison with embassies and consulates or otherwise (see OI
103.1(c)(1)(i) - (viii)). In transmitting classified material outside the United States, the procedures described
in AM 2108 shall be observed.
When communicating with the Department of State or a consular officer by means of sheet 4 of Form
G-325A, or by any other means, for information relating to an alien to whom a nonimmigrant visa was issued,
it is most important that the date of visa issuance be mentioned in the Service inquiry, since consular indices
on nonimmigrants are filed chronologically by date of visa issuance, and not alphabetically.
Appendix E, Volume 9 - Visas, Foreign Affairs Manual, "Visa Issuing Posts - Clearance Procedures," issued
before sending a communication to a foreign service post to assure that (1) the communication is properly
directed to the post having jurisdiction over the alien's place of residence; (2) the post handles immigrant
visa or nonimmigrant visa applications, and (3) the post is correctly designated as an embassy or consulate.
ICS (INS) (see OI 287.8(b)) may communicate directly with consulates in Mexico to exchange information
concerning fraudulent citizenship or visa documents.
For reporting derogatory information, other than failure of an alien to maintain status or depart in accordance
with the terms of his admission, to an American consulate or to the Director of the Visa Office, Department of
State, see OI 287.9.
OI 104.2 Contacts by foreign governments.
The Department of state has advised the Service that it wishes to be advised of any contact by INS with an
official of a foreign government on a matter other than a routine one relating to deportation documents,
passports, etc. This notification will enable the Department of State to furnish appropriate facts concerning
such matters to its officials and personnel at U.S. missions located in the various foreign countries, to
enable them to deal appropriately with the situation at hand.