OPERATIONS INSTRUCTIONS - Gani

Service Law Books
to have voluntary departure for the period the alien remains in that status; in such a case Form I-177 shall
not be sent to the alien. If deportation proceedings have not already been instituted, but the beneficiary had
terminated status as a lawful nonimmigrant when the private bill was introduced, an order to show cause shall
be issued and deportation proceedings carried forward to a final determination upon the expiration of any
outstanding voluntary departure time. (Revised)
If the beneficiary was maintaining status under section 101(a)(15)(E) (F), (I), (J), or (M), Form I-177 shall
not be sent to the alien and deportation proceedings shall not be instituted. Any such alien's application for
extension of stay shall be denied unless the alien overcomes the presumption of termination of status raised
by the bill's introduction. However, voluntary departure shall be granted in increments of one year,
conditioned upon the alien's otherwise completely maintaining nonimmigrant status or upon abiding by the
terms and conditions of the alien's exchange program. Generally, an exchange alien shall not be granted
voluntary departure beyond the limits set forth in 22CFR 63.23; also, see OI 242.10(b). Should the
beneficiary fail to apply for additional voluntary departure time before the expiration of the last extension, the
alien shall be interviewed, and, providing the alien is otherwise maintaining status, shall be granted voluntary
departure under similar conditions. Other aliens of these classes who have already been placed under
deportation proceedings solely because of the bill's introduction shall be granted extensions of voluntary
departure or stays of deportation under like conditions. (Revised)
Deportation proceedings shall not be instituted or reactivated in any case involving appealing
humanitarian factors (see OI 103.1(a)(1)(ii)).
(f) Action by field office.
(1) Investigations Branch. The mail copy of the teletype message shall be forwarded without index or file
check directly to the Investigations Branch. If the Investigations Branch receives this copy of the
teletype message before it receives the original, that branch will commence its action on the basis of
that copy. When the Investigations Branch ascertains that the investigations "control office" function in
relation to the private bill investigation is to be performed by any office other than the office to which the
teletype message was addressed, the latter office shall transfer that function and send a copy of its
teletype message or Form G-166 report to the Private Bill Control Unit. The private bill report shall be
prepared and forwarded in accordance with outstanding investigations instructions.
In any private bill case involving citizenship or naturalization matters, the case is to be submitted to the
Citizenship Section for determination as to whether the bill would accomplish the purpose for which it is
intended. suggestions for any change it appears desirable to make in the bill in order to accomplish its
intended purpose, where necessary, are to be included in the transmittal letter of the private bill report.
When a private bill which was introduced in successive Congresses for the same purpose is again
reintroduced in the present one and a full report was made to the same branch of any preceding
congress, additional material information obtained from review of the file, new national agency checks, or
interview of the beneficiary shall be furnished in a supplemental letter. If additional material information
is not developed, a memorandum to that effect shall be addressed directly to the Private Bill Control
Unit, stating the date of each of the new agency-check responses. When the previous full report was
made to a different branch or to a previous Congress and thereafter the bill was not re-introduced in any
succeeding Congress until the present one (i.e., a bill introduced in the 89th Congress or earlier was first
reintroduced in the 91st), a new, complete report shall be submitted.
If a reintroduced bill is for a different purpose than one in the preceding Congress, a new, complete
report shall be submitted.
(2) Deportation Branch.
(i) Initial departure date. When a report has been requested by a congressional committee and a
stay has been authorized by the Central Office, the date set for deportation or voluntary departure
under a final order shall be February 1 of the next odd-numbered year. Thus, a bill introduced in the
First or Second Session of a Congress would be authorized a stay to February 1 of the First Session
of the next Congress.
(ii) Summary deportation. The grant of a lesser period of time than that specified in subdivision (i) or
the execution of the order of deportation when the beneficiary's continued presence here would be
contrary to the best interests of the United states is not precluded, since deportation may be
effected notwithstanding the private bill; if the case falls in this category, the district director shall
on the cover sheet note a summary of the facts, including Service ability to promptly effect
departure, together with his recommendation, and forward the private bill report and the entire file to