14.10 Procedures for Requesting Library of Congress Research. (Added AD01-25).

The Law Library of Congress (LOC) does research and reference work on the laws of foreign countries for USCIS . This is done by applying knowledge of foreign laws and legal systems to the facts of each case. [In addition, and less frequently, they will provide USCIS Headquarters with an analytical report on a general subject (see, for example, the LOC report on Nicaraguan nationality law contained in Appendix 23-12 of the Field Manual).] The LOC will send the resulting report to:

· The originating office for use in the case in question; and

· HQOPRD for a determination as to whether there is a general applicability, in which case HQOPRD will disseminate it USCIS- wide.

· The procedure for obtaining an advisory opinion from the LOC is as follows:

· As requesting officer, you must complete Form CO-410, Requests for Library of Congress Research. The information required on the Form CO-410 includes the date of request, date by which a response is needed, type of research needed, information regarding the alien and a summary of accompanying documentation. Form CO-410 also requires the name, title, telephone and fax number of the requesting officer and authorization by a first-line supervisor.

· Once you have completed Form CO-410, submit it (and attachments) to HQOPRD for review and, if appropriate, submission to the Library of Congress (LOC). Do NOT submit the form directly to the Library of Congress. You may either:

– Fax the form and accompanying documentation to 202-514-0198; or

– Mail it to ATTN: Chief, Residence and Status Branch, HQOPRD, 20 Massachusetts Ave. NW, Washington, DC 20529.

· Upon receipt of Form CO-410, HQOPRD will review the request to determine whether it should be forwarded to the LOC. (Occasionally, requests for information are duplicative and can be answered directly by HQOPRD.) HQOPRD will assign a control number to any request being forwarded to the LOC. The control number, receipt date and pertinent data will be entered in the LOC database for follow-up. HQOPRD will transmit appropriate requests to LOC by mail, or, if possible, via facsimile.

· The LOC will provide a response directly to the requesting office as soon as possible. You may then use the LOC report in the adjudication of the case in question. In most cases, if the application or petition is being denied based in whole or in part on the LOC opinion, you will have to give the applicant or petitioner an opportunity to review and rebut the information before denying the case.