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OI 104.1 Communications with Department of State.
Service offices may communicate directly with the Department of State as follows: with the Visa Office or Passport Office of the Bureau of Security and Consular Affairs, on non-policy matters; with the Office of Security, by use of Form G-325B in accordance with
; with the Bureau of Educational and Cultural Affairs in accordance with OI 212.8(e) and
with the Agency for International Development as specified in OI 212.8(e) and with the Office of Refugee and Migration Affairs on Asylum matters. (Revised)
Except as otherwise specifically provided (as, for example, with the Office of Refugee and Migration Affairs on asylum matters), any request to the Department of State for an advisory opinion with respect to an alien shall be addressed to the Director, Visa Office, Department of State, Washington, D.C. 20520. Field offices shall not communicate directly with the Visa Office, however, on policy matters or interpretations of law or regulations; questions involving such matters, shall be forwarded through app
Service offices may communicate directly with embassies and consulates only for the purpose of: transmitting approved visa petitions, immigration or citizenship documents or, with respect to Canada or Mexico, waiver concurrences; requesting information in connection with a section 245 application (see
; requesting certified copies of nonimmigrant visa applications and documents submitted by aliens in support of such applications, for use in connection with exclusion or expulsion proceedings or possible prosecution for violation of 18 U.S.C 1546 in nonimmigrant fraud cases; replying to inquiries received directly from them. However, Service offices may communicate directly with embassies and consulates in all requests for Service action in overseas areas under the jurisdiction of the district office in M
). Notwithstanding the foregoing, consideration should be given to communicating with offices of this Service outside the United States relative to unusual or complex cases which might best be resolved through liaison with embassies and consulates or otherwise (see OI 103.1(c)(1)(i) - (viii)). In transmitting classified material outside the United States, the procedures described in AM 2108 shall be observed.
When communicating with the Department of State or a consular officer by means of sheet 4 of Form G-325A, or by any other means, for information relating to an alien to whom a nonimmigrant visa was issued, it is most important that the date of visa issuance be mentioned in the Service inquiry, since consular indices on nonimmigrants are filed chronologically by date of visa issuance, and not alphabetically.
Appendix E, Volume 9 - Visas, Foreign Affairs Manual, "Visa Issuing Posts - Clearance Procedures," issued before sending a communication to a foreign service post to assure that (1) the communication is properly directed to the post having jurisdiction over the alien's place of residence; (2) the post handles immigrant visa or nonimmigrant visa applications, and (3) the post is correctly designated as an embassy or consulate.
ICS (INS) (see
) may communicate directly with consulates in Mexico to exchange information concerning fraudulent citizenship or visa documents.
For reporting derogatory information, other than failure of an alien to maintain status or depart in accordance with the terms of his admission, to an American consulate or to the Director of the Visa Office, Department of State, see