30.5 Status as a Foreign Government Official or Employee of an International Organization.

(a) General .

(1) The Effect of Recognition by the Secretary of State .

Section 101(a)(15)(A)(i), and (ii), of the Act and 8 CFR 214.2(a)(1) provide that an A-1 or A-2 is entitled to that classification as long as he/she is recognized by the President or Secretary of State. Section 101(a)(15)(G)(i), (ii), (iii) and (iv) of the Act and 8 CFR 214.2(g)(1) provide that a G-1, G-2, G-3 or G-4 is entitled to that classification as long as he/she is recognized by the Secretary of State. Section 102 of the Act provides that a G-1, G-2, G-3 or G-4 nonimmigrant is not subject to most gro unds of inadmissibility and deportation. Because of this statutory protection, USCIS is precluded from taking action against a G-1, G-2, G-3 or G-4 who is or was violating status, unless the Department of State authorizes such adverse action by notifying USCIS in writing that the G-1, G-2, G-3 or G-4 is no longer entitled to such classification and that his/her visa is canceled.

(2) Termination of Official Assignment .

When employees of foreign missions (embassies, consulates, miscellaneous foreign government organizations, and missions to the OAS) terminate their employment status, the missions are required to submit to the Department of State (DOS), without delay, the Form DS-2008 (Notice of Termination of Diplomatic, Consular, or Foreign Government Employment). Other International Organizations must submit a written notification of termination of employment.

Diplomats and other foreign government officials who have completed a tour of duty are normally allowed a reasonable period of time to depart from the U.S., during which they continue to enjoy the same Privileges and Immunities (Ps&Is) extended to them during their tours of duty. As a general rule, the Office of Protocol interprets "reasonable time to depart" as 30 days following the termination of a tour. However, the Office of Protocol is prepared to concur on the extension of the "reasonable time to depa rt" to sixty (60) days, with the proviso that Ps&Is will not be extended beyond 30 days following the effective day of termination.

(b) Privileges and Immunities .

Section 102 of the Act defines the parameters of USCIS action regarding the admission, exclusion and deportation of G-1, G-2, G-3 and G-4 aliens. Its provisions are binding upon all USCIS personnel. Privileges and immunities are not only very sensitive issues, but also very complex ones. Officers should be aware that privileges and immunities can vary greatly. They can vary greatly within a nonimmigrant classification and between two positions which have the same official title, but which represent different foreign countries.

(c) Department of State Identity Cards .

The Office of Protocol issues identification cards to all diplomatic and consular personnel who are entitled to rights, privileges and immunities. The State Department considers these cards as the only authoritative identity document for identifying these individuals. Since 1987, three types of cards have been issued:

· diplomatic (blue border)

· official (green border)

· consular (red border)

Each card is 3¾ x 2½, and contains the bearer’s photograph as well as name, title, mission, city and state, date of birth, identification number, expiration date and a Departmental seal. The reverse of the card includes a brief description of the bearer’s immunity and a space for the bearer’s signature.

(d) Sources of Additional Information .

Additional information regarding diplomatic rights, privileges and immunities is contained in Appendix 13-2 of the Special Agent’s Field Manual . More detailed information is contained in the Department of State's Publication 9533, "Guidance for Law Enforcement Officers". [(b)(2) or (b)(7)(E)]

(e) Inquiries and Verifications by USCIS Personnel .

(1) A and G Visa Holders in Washington, DC and Diplomatic Missions Throughout the United States (Other Than Aliens Assigned to the United Nations) .

Requests for information or verification may be transmitted either telephonically or in writing.

(A) Telephonic Requests .

The US CIS may request status information on As and Gs telephonically to the Department of State at: (202) 647-1405. In most cases, the Department of State will respond to your telephone request within 5 business days, unless there is an emergent situation.

(B) Written requests .

If USCIS requires written confirmation of an individual in A or G status, the request must be submitted on Form I-566 , Inter-Agency Record of Individual Requesting Change/Adjustment to, or from, A or G status or Requesting A, G, or NATO Dependent Employment Authorization. The Form I-566 must be completed as follows:

· Complete Part A with information about the subject of the inquiry. If the subject is a dependent of an A-3 or G-5 employee or an A-3 or G-5 employee, you must also complete Part B with the information about the principal from whom the dependent derives status, or for whom the A-3 or G-5 works;

· Beside the sub-title "Part C: Type of Request" print in large capital letters, preferably in red ink, "VERIFY STATUS";

· For all cases except those involving individuals working at the United Nations, complete the "from" block of Part G and check the Visa Office block, crossing out "subject has filed under Section 13. Please advise this office of your findings.";

· Place a photocopy of the form in the relating A-file or work folder; and

· Forward both copies by fax (202) 647-1560 or postal mail to:

Assistant Chief of Protocol

Office of Protocol - Room 1238

U. S. Department of State

2201 22nd Street, N. W.

Washington, D. C. 20520

The Department of State will provide responses to written requests within ten (10) business days of receipt. The Department of State will note its findings in Part F and return copy 1 of the form to the officer whose name appears in Part G.

(2) Aliens Working at the United Nations (G Visa Holders) .

Requests regarding U.N. accredited personnel may be transmitted telephonically, in writing, or by e-mail.

(A) Telephonic Requests .

The USCIS may make telephonic requests on G status information to the Diplomatic Accreditation Officer.

(B) Written Requests .

If USCIS requires written confirmation of an individual’s status, the request must be submitted in writing on Form I-566. You should complete the Form I-566 , following these steps:

· Complete Part A with information about the subject of the inquiry. If the subject is a dependent of an A-3 or G-5 employee or an A-3 or G-5 employee, you must also complete Part B with the information about the principal from whom the dependent derives status, or for whom the A-3 or G-5 works;

· Beside the sub-title "Part C: Type of Request" print in large capital letters, preferably in red ink, "VERIFY STATUS"; and

· Complete the "from" block of Part G and check the USUN block, crossing out "C/S to, Adjustment, Granted, Denied, on."

· Place a photocopy of the completed form in the relating A file or work folder; and

· Forward both copies by the fax number (202) 415-4162 or postal mail to the attention of the Diplomatic Accreditation Officer:

United States Mission to the United Nations

140 East 45 th Street

New York, NY 10017

The United States Mission to the United Nations (USUN) will note its findings in Part F and return copy 1 of the form to the officer whose name appears in Part G.

NOTE:

Written Requests may also be sent via e-mail to the USUN. Please make sure you put “Diplomatic Accreditation Officer” in the subject line of your message. The e-mail address is usa@un.int.

(f) Inquiries from Other Law Enforcement Agencies .

At times another agency may advise USCIS that an A-1, A-2, G-1, G-2, G-3 or G-4 was involved in an incident which brings him/her to police attention, and may ask for guidance. USCIS should advise the other agency that such personnel should hold an identity card as described in paragraph (c) above and that they should telephone the Department of State if there are any questions, including but not limited to questions about the treatment that should be accorded the individual.

(g) Requesting Reports from Other Agencies .

In addition to the procedure discussed in paragraph (f), the agency should be requested to provide USCIS with a copy of the report if it involves the commission of a felony offense, a crime involving moral turpitude or a drug-related crime, or is an otherwise reportable incident as described in Chapter 3.8 .

(h) Dependents of Permanent Residents Employed in A or G Status .

Occasionally, a lawful permanent resident may be employed in an occupation which would otherwise entitle him or her to A-1, A-2, G-1, G-2, G-3 or G-4 status provided he or she has executed Form I-508 (Form I-508F for French nationals) waiving diplomatic privileges. Family members of such a permanent resident alien are admissible as A or G nonimmigrants if the dependents hold valid passports and A or G visas. Attendants, servants or personal employees of such persons are not entitled to A-3 or G-5 status.