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OPERATIONS INSTRUCTIONS - Gani

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Service Law Books<br />

OI 204 Petition to classify alien as immediate relative of a United States citizen<br />

or as a preference immigrant.<br />

OI 204.1<br />

OI 204.2<br />

OI 204.3<br />

OI 204.4<br />

OI 204.5<br />

OI 204.6<br />

OI 204.7<br />

OI 204.8<br />

OI 204.9<br />

Processing<br />

Petitions for relative (other than orphans)<br />

Child defined in section 101(b)(1)(F)<br />

Third and sixth preference petition<br />

Approved petition<br />

Inadmissibility<br />

Possible loss of United States citizenship<br />

Waiver of section 243(g) sanctions<br />

Pub. L. 97-359 Amerasian<br />

App.to OI204.4(d)<br />

Credentials evaluating services<br />

OI 204.1 Processing<br />

(a) General.<br />

When an approvable relative petition is personally presented abroad, it may be adjudicated regardless of<br />

the place of residence of the petitioner. The officer shall forward Form I-130A to the appropriate Files Control<br />

Office.<br />

Immigration officers shall expedite I-130 relative visa petitions on behalf of detained aliens or refugees.<br />

The officer shall write "Detained Aline" or "Refugee" in the remarks block of the I-130. (Revised)<br />

Under no circumstances shall a Service employee suggest or indicate to a petitioner in the United States<br />

that he depart from the United States and file his petition with a foreign office of the Service or at an<br />

American consular post solely for the purpose of obtaining prompt action on his petition.<br />

(b) Check of Service records.<br />

A visa petition shall not be approved or revalidated until the name of the principal beneficiary, and the<br />

names of any spouse and children who may derive preference status through their relationship to him, have<br />

been checked against the Service Lookout Book. If such check or other information reveals the existence<br />

of relating files, they shall be obtained and considered before making a determination upon the visa petition.<br />

However, the Service Lookout Book does not need to be checked with respect to any beneficiary who is<br />

under 14 years of age or whose relating "A" file has been reviewed; or with respect to beneficiaries of a<br />

nonimmigrant visa petition whose names are unavailable at the time of adjudication. If it is necessary,<br />

pursuant to this OI, to check the names of either the principal or derivative beneficiaries against the Service<br />

Lookout Book, the names of all the beneficiaries who are 14 years of age or older shall be checked.<br />

A check of Central Office records may also be made with respect to the petitioner or beneficiary, but only<br />

when it is believed such a check would produce pertinent information.<br />

When a Central Office record check is requested, Form G-180 shall be forwarded to the Central Office. To<br />

facilitate attachment of the returned Form G-180 to the relating petition, there shall be noted in the "alias"<br />

block on each form prepared "VP-beneficiary" or "VP-petitioner," as appropriate; on Form G-180 prepared for<br />

a beneficiary without a file, insert under "Remarks" the word "Petitioner" and show his name. If it will be<br />

helpful to the adjudicating office, the form number of the petition may also be inserted under "Remarks".<br />

After the Service Lookout Book has been checked, a stamp bearing the legend "SLB-CHECKED" shall be

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