11.2 Video and Audio Taping.

(a) General .

In many instances the adjudicator may audio or video tape an interview with an applicant or petitioner. The purpose of such a recording is to preserve evidence for possible use in later proceedings without expending significant resources creating a verbatim written record. Such recordings may be used as evidence for denying a benefit. However, if such a decision is subsequently appealed, it may be necessary to transcribe the text of the interview in order to introduce it before the immigration court or B oard of Immigration Appeals. The Executive Office for Immigration Review has declined to accept either video or audio taped interviews as evidence unless they are so transcribed. Chapter 15 of this manual contains information on interview techniques, including the use of video and audio recording devices as an integral part of the interview process.

(b) Retention .

Tapes (video or audio) used for routine interviews (e.g. marriage fraud, adjustment of status, or naturalization) may be erased for reuse within ten days unless:

· the application or petition is likely to be denied and the information contained on the tape is considered as evidence;

· an incident during the interview was recorded on the tape and the tape may be used either for training, or to support or refute allegations of misconduct by a USCIS employee.

Such tapes should be retained for a period of three years, and may be extended in yearly increments in the event of ongoing litigation.