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OI 204.2 Petitions for relative (other than orphans).
Evidence of relationship.
Appendix B, Volume 9 - Visas, Foreign Affairs Manual, "Availability of Civil Documents or Records Required by Section 222(b) of the Immigration and Nationality Act," issued by the Department of State, shall be used to determine the availability of documents in foreign countries. If documents are unavailable or if the petitioner submits evidence indicating that he has been unsuccessful in his efforts to obtain documents from a country in which such documents are apparently available, available, he may s
ubmit secondary evidence in the form of church, school, or legal records, records of judicial proceedings, or other documentary evidence.
The American Embassy in Moscow can only obtain Russian documents pertaining directly to an American citizen; documents relating to his parents or other relatives are not obtainable. An American citizen should be informed that correspondence addressed to the Soviet Embassy in Washington results in undesirable complications, including an investigation by the embassy into the manner of acquisition of United States citizenship and an attempt to evaluate that condition under Soviet law.
The People's Courts (notary offices) at the district or city level in the People's Republic of China are prepared to issue civil documents attesting to such matters as birth, marriage, and family relationship. These documents may be applied for by persons residing in China on behalf of friends or relatives elsewhere. Persons outside China may not write directly to the district court. In cases where an applicant has no friend or relative whatever living in China, the request may be submitted through t
he Embassy of the people's Republic of China, Washington, DC, for forwarding to the appropriate notary office. The fee is Yuan 5 (approximately U.S. $2.50). (REVISED)
If deemed appropriate, petitioners may be requested to submit such documents as evidence in support of the claimed relationship and should be advised of the above procedure to be followed. Considerable weight shall be given such documents if appropriately issued and authenticated.
The People's Courts of the People's Republic of China, however, will not issue civil documents for the U.S. Visa applicant resident in China unless the applicant has first been approved for exit by the Public Security Bureau. The Bureau frequently requires the production of evidence that the applicant has qualified for immigration to the United States, E.G. through an approved visa petition. Therefore, reasonable secondary evidence may be accepted in adjudicating those relative petitions where exit p
ermission has not been issued and that evidence shall be attached to any petition approved. In such cases petitioners should be informed that relevant civil documentation from the People's Courts will be required from the beneficiaries by the U.S. consular officer before visa issuance.
Military, police, and prison records are not available from the People's Republic of China. Prudent judgment should be exercised in requesting documents from the People's Republic of China and trustworthy secondary evidence when more easily obtainable should be accepted in appropriate cases (e.g. household registers issued by Taiwan.)
When a decision is made on a petition for a relative, all supporting documents shall be attached and made a permanent part of the petition. If acceptable and properly certified copies are available, the copies shall be so attached to the petition and the originals thereof, if any, returned to the petitioner.
For acceptable evidence of lawful permanent admission see
8 CFR 103.2
. For verification of arrival see AM 2770.
United States citizenship of petitioner.
When a Service employee has verified the petitioner's status, the notation "proof seen" will be placed beside the citizenship information on the petition and initialed. If a naturalization or citizenship certificate is presented in person, it shall be handed back to the petitioner. If a certificate has been mailed in with the certificate attached it shall be certified by the first employee reviewing the application. The certificate shall then sent directly back to the petitioner by certified or regis
tered mail. (Revised)
Form G-347 should be used to obtain the naturalization file of any petitioner who is unable to furnish his certificate number and date and place of naturalization or where there is reason to suspect that the petitioner may have been expatiated.
Lawful residence status of petitioner.
When a Service employee has verified the aline's status, notation "I-151 or I-551 seen" or "file seen" shall be placed beside the petitioner's A number.
relative petitions. When a petition is filed in behalf of a wife, son, daughter (regardless of age or marital status), parent, brother, or sister without primary or secondary documentary evidence to establish status and relationship because it is unavailable, information shall be obtained from the petitioner as to the date and port of each of his entries into the United States. The files control office having jurisdiction over the port of entry shall be requested to examine its files relating to the petit
ioner and make a report as to each entry of the petitioner containing status under which admitted, nationality, marital status, name of spouse, date and place of birth of each child.
Records showing acceptance in a Service proceeding of a previous claim of United States citizenship may serve as evidence of nationality; similarly, Service records showing acceptance of a previous claim regarding marital status, spouse, date and place of marriage, and date and place of birth of children may serve as the relationship claimed in the petition.
An interview is unnecessary unless there is conflicting or ambiguous data in Service records, not previously resolved, with regard to the facts bearing on nationality or relationship. If the petitioner, in previous dealings with the Service in which he furnished information concerning his family composition, failed to mention the beneficiary which differs materially from the information now furnished in the petition, he shall be questioned closely concerning such discrepancies.
When approval is based on other than the primary or secondary evidence indicated in
there shall be attached to the petition forwarded to the consul, a copy of the report received from each port of entry, a passport-type photograph of the petitioner, and the originals or copies of the supporting evidence of relationship which may consist of affidavits, letters, photographs, remittances, and similar documents. This material shall be transmitted by a covering memorandum. Pertinent facts elicited in any interview, a brief explanation shall be included in the memorandum, (e.g., an interview
was unnecessary because there was no ambiguous or conflicting data in this case).
Blue Page OI 204.2(d)(2)
Blood tests shall be required only when the results thereof would be helpful in resolving the issue of relationship if the primary or secondary evidence is considered inadequate to establish the existence of a claimed blood relationship. Form G-620 shall be used for requesting the blood test and recording the results. Since blood tests are not conclusive to preclude the possibility of establishing relationship between siblings unless a blood test is also taken of at least one of the common parents, a
fifth-preference petition shall not be approved on condition that blood test reports are satisfactory unless at least one of the common parents of the petitioner and beneficiary has been or will be blood tested.
Blood tests are not available for persons residing in the USSR and Mainland China (Peoples Republic of China) and should not be required for such persons.
When a visa petition is approved on condition that blood tests show that the claimed relationship is compatible, the visa petition and notice of approval on Form I-171 shall be endorsed to reflect that the approval is conditional and shall state the names and addresses of the persons who are to be blood tested. A copy of Form G-620 containing the grouping of the persons whose blood was tested in the United States shall be attached to the petition.
The results of the blood tests, or a copy thereof, will be affixed to the petition by the consular officer and included in the sealed envelope of documents attached to the issued visa. This will eliminate the necessity of subsequent testing of individuals issued visas on the basis of approved petitions conditioned on compatible blood-grouping tests when they subsequently file petitions which go to consulates other than those where the original blood tests were made.