OPERATIONS INSTRUCTIONS - Gani

Service Law Books
The People's Courts of the People's Republic of China, however, will not issue civil documents for the U.S.
Visa applicant resident in China unless the applicant has first been approved for exit by the Public Security
Bureau. The Bureau frequently requires the production of evidence that the applicant has qualified for
immigration to the United States, E.G. through an approved visa petition. Therefore, reasonable secondary
evidence may be accepted in adjudicating those relative petitions where exit permission has not been issued
and that evidence shall be attached to any petition approved. In such cases petitioners should be informed
that relevant civil documentation from the People's Courts will be required from the beneficiaries by the U.S.
consular officer before visa issuance.
Military, police, and prison records are not available from the People's Republic of China. Prudent
judgment should be exercised in requesting documents from the People's Republic of China and trustworthy
secondary evidence when more easily obtainable should be accepted in appropriate cases (e.g. household
registers issued by Taiwan.)
When a decision is made on a petition for a relative, all supporting documents shall be attached and made
a permanent part of the petition. If acceptable and properly certified copies are available, the copies shall be
so attached to the petition and the originals thereof, if any, returned to the petitioner.
(b) Lawful entries.
For acceptable evidence of lawful permanent admission see 8 CFR 103.2. For verification of arrival see
AM 2770.
(c) United States citizenship of petitioner.
When a Service employee has verified the petitioner's status, the notation "proof seen" will be placed
beside the citizenship information on the petition and initialed. If a naturalization or citizenship certificate is
presented in person, it shall be handed back to the petitioner. If a certificate has been mailed in with the
certificate attached it shall be certified by the first employee reviewing the application. The certificate shall
then sent directly back to the petitioner by certified or registered mail. (Revised)
Form G-347 should be used to obtain the naturalization file of any petitioner who is unable to furnish his
certificate number and date and place of naturalization or where there is reason to suspect that the petitioner
may have been expatiated.
(c-1) Lawful residence status of petitioner.
When a Service employee has verified the aline's status, notation "I-151 or I-551 seen" or "file seen" shall
be placed beside the petitioner's A number.
(d) Service records.
(1) relative petitions. When a petition is filed in behalf of a wife, son, daughter (regardless of age or
marital status), parent, brother, or sister without primary or secondary documentary evidence to
establish status and relationship because it is unavailable, information shall be obtained from the
petitioner as to the date and port of each of his entries into the United States. The files control office
having jurisdiction over the port of entry shall be requested to examine its files relating to the petitioner
and make a report as to each entry of the petitioner containing status under which admitted, nationality,
marital status, name of spouse, date and place of birth of each child.
Records showing acceptance in a Service proceeding of a previous claim of United States citizenship
may serve as evidence of nationality; similarly, Service records showing acceptance of a previous claim
regarding marital status, spouse, date and place of marriage, and date and place of birth of children may
serve as the relationship claimed in the petition.
An interview is unnecessary unless there is conflicting or ambiguous data in Service records, not
previously resolved, with regard to the facts bearing on nationality or relationship. If the petitioner, in
previous dealings with the Service in which he furnished information concerning his family composition,
failed to mention the beneficiary which differs materially from the information now furnished in the
petition, he shall be questioned closely concerning such discrepancies.
When approval is based on other than the primary or secondary evidence indicated in OI 204.2(a) there
shall be attached to the petition forwarded to the consul, a copy of the report received from each port of
entry, a passport-type photograph of the petitioner, and the originals or copies of the supporting