OI 107.1

Private bills

OI 107.1 Private bills.

(a) General.

A Service employee shall neither recommend the introduction of, nor draft, remedial private immigration or nationality legislation.

(b) Stay of deportation or voluntary departure pending introduction.

The material is contained in chapter 17 DDFM.

(c) When report requested by congressional committee.

Upon receipt of a request from the House or Senate Judiciary Committee for a report on a private bill relating to an immigration or nationality matter, a teletype message will be sent to the appropriate district office by the Private Bill Control Unit, Central Office. A copy of this message and the bill will be mailed to the appropriate district investigations branch. If the beneficiary appears to be an alien in the United States, a stay of deportation will generally be authorized.

If a private immigration bill received adverse action at any time and subsequently a new bill was introduced for the same purpose in the House or Senate, a request for a report from the Committee in which the new bill is pending will not be honored by the Service unless the adverse action on the earlier bill is reconsidered. A letter to this effect will be sent concerning the new bill, indicating therein that the previous adverse action was reconsidered. When a field office finds in any case that adve rse action had been taken on a private bill, and a teletype message concerning a new bill is received without mentioning reconsideration of the adversed bill, the Private Bill Control Unit should be contacted.

(d) When report not requested by congressional committee.

If a private immigration bill has been introduced for an alien who appears to be in the United States in other than a lawful immigrant status, but a request for a report from the House or Senate Judiciary Committee is not received within a reasonable period of time by the Private Bill Control Unit, the appropriate district office will be notified and furnished a copy of the bill; in such a case, an investigative report for Congress shall not be prepared nor should deportation be stayed because of the bi ll's introduction.

(e) Effect of introduction.

The introduction of a private bill seeking to adjust the status of an alien nonimmigrant in the United States to that of a lawful permanent resident shall be regarded as prima facie evidence of termination of his lawful nonimmigrant status, if not otherwise previously terminated. Deportation proceedings already commenced shall be carried forward to a final determination. If deportation proceedings have not already been instituted and the beneficiary was in lawful status as a B, C, D, or H nonimmigran t when the private bill was introduced, and either Judiciary Committee has requested a report on the bill, Form I-177, in duplicate, shall be sent to him by registered mail with return receipt requested or handed to him personally, if convenient; should the beneficiary fail, within thirty days from the date the form is received, to depart or to advise the Service that he does not desire to have his status adjusted through private legislation, an order to show cause shall be issued and deportation proceeding s carried forward to a final determination. If the beneficiary advises the Service that he does not desire to have his status adjusted through private legislation, the regular investigation and a report to the appropriate committee in letter form for the Commissioner's signature shall be forwarded immediately to the Private Bill Control Unit setting forth the details and reasons for the beneficiary's action. If a report on the bill is not requested, Form I-177A, in duplicate, shall be sent to him by regis tered mail with return receipt requested or handed to him personally, if convenient, and no report prepared.

If the beneficiary was maintaining status under section 101(a)(15)(A) or (G) , or as a treaty trader under the Immigration Act, of 1924, as amended, when the private bill was introduced, the alien may be considered to have voluntary departure for the period the alien remains in that status; in such a case Form I-177 shall not be sent to the alien. If deportation proceedings have not already been instituted, but the beneficiary had terminated status as a lawful nonimmigrant when the private bill was introduced, an order to show cause shall be issued and deportation proceedings carri ed forward to a final determination upon the expiration of any outstanding voluntary departure time. (Revised)

If the beneficiary was maintaining status under section 101(a)(15)(E) (F), (I), (J), or (M), Form I-177 shall not be sent to the alien and deportation proceedings shall not be instituted. Any such alien's application for extension of stay shall be denied unless the alien overcomes the presumption of termination of status raised by the bill's introduction. However, voluntary departure shall be granted in increments of one year, conditioned upon the alien's otherwise completely maintaining nonimmigrant status or upon abiding by the terms and conditions of the alien's exchange program. Generally, an exchange alien shall not be granted voluntary departure beyond the limits set forth in 22CFR 63.23; also, see OI 242 .10 (b). Should the beneficiary fail to apply for additional voluntary departure time before the expiration of the last extension, the alien shall be interviewed, and, providing the alien is otherwise maintaining status, shall be granted voluntary departure under similar conditions. Other aliens of these classes who have already been placed under deportation proceedings solely because of the bill's introduction shall be granted extensions of voluntary departure or stays of deportation under like conditions. (Revised)

Deportation proceedings shall not be instituted or reactivated in any case involving appealing humanitarian factors (see OI 103.1(a)(1)(ii) ).

(f) Action by field office.

(1) Investigations Branch. The mail copy of the teletype message shall be forwarded without index or file check directly to the Investigations Branch. If the Investigations Branch receives this copy of the teletype message before it receives the original, that branch will commence its action on the basis of that copy. When the Investigations Branch ascertains that the investigations "control office" function in relation to the private bill investigation is to be performed by any office other than the office to which the teletype message was addressed, the latter office shall transfer that function and send a copy of its teletype message or Form G-166 report to the Private Bill Control Unit. The private bill report shall be prepared and forwarded in accordance with outstanding investigations instructions.

In any private bill case involving citizenship or naturalization matters, the case is to be submitted to the Citizenship Section for determination as to whether the bill would accomplish the purpose for which it is intended. suggestions for any change it appears desirable to make in the bill in order to accomplish its intended purpose, where necessary, are to be included in the transmittal letter of the private bill report.

When a private bill which was introduced in successive Congresses for the same purpose is again reintroduced in the present one and a full report was made to the same branch of any preceding congress, additional material information obtained from review of the file, new national agency checks, or interview of the beneficiary shall be furnished in a supplemental letter. If additional material information is not developed, a memorandum to that effect shall be addressed directly to the Private Bill Control Un it, stating the date of each of the new agency-check responses. When the previous full report was made to a different branch or to a previous Congress and thereafter the bill was not re-introduced in any succeeding Congress until the present one (i.e., a bill introduced in the 89th Congress or earlier was first reintroduced in the 91st), a new, complete report shall be submitted.

If a reintroduced bill is for a different purpose than one in the preceding Congress, a new, complete report shall be submitted.

(2) Deportation Branch.

(i) Initial departure date. When a report has been requested by a congressional committee and a stay has been authorized by the Central Office, the date set for deportation or voluntary departure under a final order shall be February 1 of the next odd-numbered year. Thus, a bill introduced in the First or Second Session of a Congress would be authorized a stay to February 1 of the First Session of the next Congress.

(ii) Summary deportation. The grant of a lesser period of time than that specified in subdivision (i) or the execution of the order of deportation when the beneficiary's continued presence here would be contrary to the best interests of the United states is not precluded, since deportation may be effected notwithstanding the private bill; if the case falls in this category, the district director shall on the cover sheet note a summary of the facts, including Service ability to promptly effect departure, togethe r with his recommendation, and forward the private bill report and the entire file to the regional office. If the regional office concurs, it shall include its comments on the cover sheet and forward the entire file to the Private Bill Control Unit, Central Office. After consulting with the committee and author of the bill, the Private Bill Control Unit will notify the appropriate district and regional offices of the decision and return the file. The foregoing procedure shall be followed at any time info rmation is received which, in the opinion of the district director, warrants summary deportation.

(iii) Non-reintroduced bills. If on February 2 of a new congress notification of the Private Bill Control Unit, prompt steps shall be taken to require the deportable former bill beneficiary's departure from the United States; however, the district director's discretionary authority to stay deportation or extend departure time may be exercised. The Private Bill Control Unit shall be advised of any stay or extension of departure time and of the closing action.

(iv) Adverse disposition. When adverse action has been taken on a private bill which was introduced to adjust the immigration status of an alien who is in the United States, the Private Bill Control Unit will notify the appropriate district and regional offices and will usually direct that departure be effected by a specified date. Although every effort should be made to complete the action within the time specified, the district director's discretionary authority to stay deportation or extend departure time m ay be exercised. The Private Bill Control Unit shall be advised of any stay or extension of departure time and of the closing action.

(v) Notification of non-reintroduced bill or adverse disposition. The alien and his attorney or other recognized representative shall be notified by letter when Congress has failed to approve, or has taken adverse action, on the private bill. If the alien is in a voluntary departure status the letter should read substantially as shown below; the language in the first sentence will depend upon whether the 1961 and 1969 edition of Form G-386 was used when the alien was informed of the introduction of the bill:

You were previously notified that a private bill in your behalf was introduced in Congress and (you would be permitted to remain in the United States until February 1, 1969, or 30 days following adverse action on the bill, whichever occurred sooner) (you were granted an extension of time to depart voluntarily to February 1, 1969, or until adverse action was taken on the bill, whichever occurred sooner). You are now advised that (the 90th Congress adjourned without having approved the bill) (Congress has ta ken adverse action on the bill).

In view of the above, you are being granted until (date) to depart voluntarily from the United States. You must notify this office, Room No.___, at least 7 days prior to the date of your departure of the arrangements you have made to depart, giving the date, place, and means of departure.

Failure to depart on or before the specified date will result in action being taken to effect your deportation.

If the deport part of an alternate order has taken effect, or a straight deportation order was issued, the wording of the letter should be similar to the following:

You were previously notified that a private bill in your behalf was introduced in Congress and (you would be permitted to remain in the United States until February 1, 1969, or 30 days following adverse action on the bill, whichever occurred sooner) (you were granted a stay of deportation until February 1`, 1969, or until adverse action was taken on the bill, whichever occurred sooner). You are now advised that (the 90th Congress adjourned without having approved the bill) (Congress has taken adverse actio n on the bill).

As an order to deport you from the United States is still outstanding in your case, arrangements are being made for your deportation on or about (date). You should arrange your affairs accordingly. You will be informed at a later date as to the exact date and time to surrender to this Service for deportation.

The wording of the letter may be altered to meet local conditions or individual circumstances of a case. The date set for voluntary departure or deportation should be 30 days from that of the letter in cases where the 1961 edition of Form G-386 was used, a reasonable lesser or greater period for voluntary departure or deportation may be set, depending upon the facts in the individual case.

(g) Supplemental private bill report.

If, following the submission of the private bill report any material information is received or any material action is taken with respect to the beneficiary which might favorably or unfavorably affect the committee's consideration of the bill, the section in control of the file shall promptly transfer it to the Investigation Branch for the preparation of a supplemental report. When the information indicates that administrative relief is available or has been granted, or when the information is particul arly adverse, the Private Bill Control Unit shall be notified immediately so that is can advise the committee informally and request that action be deferred pending transmittal of the supplemental report.

In order to ensure that supplemental information is submitted timely, the investigations Branch shall maintain a call-up system to coincide with any pending action, i.e. hearing dates, anticipated adjudication completion dates, and visa availability dates and, at a minimum, the case shall be called-up and reviewed every six months. (added)

(h) Notification of congressional action.

(1) Passage of one branch of Congress. Upon the passage of a private bill in the first branch of Congress, the Private Bill Control Unit will send a copy of the act and the committee report to the appropriate district office. All procedures in progress shall continue since the bill may still not be enacted.

(2) Enactment of private law. Upon the approval of a private bill by the President and receipt by the Private Bill Control Unit of copies of the private law affective the immigration or nationality status of an individual, that unit will notify the appropriate district office of enactment. Thereafter, the appropriate field office shall, when the private law directs that permanent resident status be granted an alien beneficiary who is in the United States upon payment of the required visa fee, collect $150 and forward it to the Director, Office of Finance, Department of State, Washington, DC 20520; the letter of transmittal should refer to the private law number. Upon receipt of the fee, the field office shall prepare a Form I-181 which shall be placed in the Service file relating to the alien. Form I-357 shall be delivered to every alien who has been accorded permanent resident status. The date of delivery of Form I-357 shall be entered in the designated space on the record copy of Form I-181. If the privat e law directs a numerical reduction, a copy of Form I-181 shall be forwarded to the Director, Visa Office, Attention:

Visa Control Office. If the alien is a nonimmigrant subject to central office control, the procedure in AM 2790 shall be followed. Form I-551 shall then be delivered to the alien.

Whenever the private law directs that permanent resident status be granted to an alien beneficiary who is in the United States, the employee who executes the Form I-181 in accordance with the above paragraph shall refer any person who requests a social security card, after such adjustment, to the nearest Social Security Office.

If the private law directs that permanent resident status be granted to an alien beneficiary who is in the United States and a visa fee is not required, the same record procedure shall be followed as in the case requiring a visa fee.

When the private law directs that an alien beneficiary be granted immediate relative or preference status for the purpose of procuring an immigrant visa, the field office shall send Form G-388 to the appropriate interested party; if a visa petition is required, but has not been filed, the interested party should be notified of the necessity for filing such a petition. If a public charge bond is required, the appropriate party, if in the United States, should be advised of the requirement and upon acceptanc e of a bond, the Director, Visa Office, Department of State, should be informed that the bond has been deposited.

If the private law directs that the pending deportation proceedings shall be terminated, the fi office shall notify the beneficiary that such proceedings have been terminated by reason of the enactment of the private law. When the private law grants some other benefit or waiver under the immigration or nationality laws, the field office shall notify the beneficiary or interested party thereof and offer appropriate advice and assistance.

The Service shall not institute subsequent exclusion or deportation proceedings against an alien beneficiary of a private law which granted him the status of a permanent resident or which terminated deportation proceedings in his case on grounds based solely on facts contained in the Judiciary Committees' reports on the bill.