Inspector's Field Manual - Gani

Inspector's Field Manual
should inspect them as a group. You should not admit any member until you are certain each member of the
group is admissible. This is because an intending immigrant who derives preference status (family based,
employment based, or special immigrant) as an accompanying spouse or child, or who is charged numerically
to the foreign state limitation of another family member as specified in section 202(b) of the INA, is inadmissible
if the principal alien or alien whose foreign state was charged numerically is not admitted.
The term "accompanying" as used in this context does not necessarily mean that the derivative alien is physically
accompanying the principal alien. An "accompanying" alien may actually seek admission up to four months
after the principal has been admitted. An "accompanying" alien may not, however seek admission based on his
or her derivative status before the principal alien has been admitted [See Matter of Khan, 14 I & N Dec. 122 (BIA
1972)]. "Accompanying" is defined in 22 CFR 40.1(a), and generally includes any qualifying derivative alien
issued an immigrant visa within four months of visa issuance, adjustment of status, or registry of the principal
immigrant. Absent evidence of fraud or error, you should accept the consular official's finding that an alien has
derived status as an accompanying alien.
Similar to "accompanying " aliens are those who are "following to join" a principal beneficiary. These aliens are
permitted to obtain the status of the principal alien so long as the "following to join" alien possesses the required
spousal or parental relationship with the principal. There is not necessarily any time limit involved so long as
the required relationship still exists (See 9 FAM 40.1, N.7). The classic example involves the married child or
child over age twenty-one seeking admission as the unmarried child of an immigrant or as the minor child of an
immigrant. Because the qualifying relationship no longer exists, the alien cannot "follow to join." It is irrelevant
that at the time the visa was issued the relationship did exist. Thus, in either the "accompanying" or "following
to join" situation, you should be careful to verify that the relationship between the principal and dependent aliens
existed at the time that the principal alien obtained his or her status and continues to exist at the time that the
derivative alien seeks admission based on that relationship.
14.4 Immigrant Admission Procedures.
Once you have determined that an immigrant is admissible, complete the following actions (either on primary
or secondary, depending on local operating procedures):
- Stamp the passport and endorse it with the admission class and alien file number (Also stamp the
"temporary I-551 stamp" in the passport, with a validity period of one year. The file number is indicated in the
upper right-hand corner of the front page of the packet (OF-155A)).
- Stamp the OF-155 with the admission stamp (in the admission block) and temporary I-551 stamp (in
the margin) (endorse the admission block with the admission class and enter the airline code and flight number
in the appropriate block);
- Give the alien a copy Form I-357, a leaflet giving useful information and requirements for new
immigrants [Note: this form is obsolete and is being revised] (If an immigrant is being admitted
conditionally, remind him or her that an application for removal of conditions must be filed within 90 days of
the second anniversary of admission);
- Prepare a Form I-89 with only the signature and fingerprint blocks completed (Insure proper photos are
attached. Attach the I-89 to the visa package for shipment to the Immigration Card Facility (ICF) in accordance
with the instructions in the M-226 manual, as modified by Appendix 14-1); and
- Log the visa data on the Immigrant Visa Log (Follow local procedures for separating out visas
requiring Public Health Service attention and forwarding visas to the ICF).
14.5 Admission of Certain Immigrant Children without Immigrant Visas.
Children may be admitted as new immigrants without presenting an immigrant visa under two circumstances:
A child born to an accompanying parent after issuance of an immigrant visa to the parent but prior to