(a) General.

The principle alien while in refugees status or in LPR status after adjustment from refugee status (CO 208-P dated 5-18-84), may request his/her spouse and children join him/her in the United States as provided for under section 207(c)(2) of the Act. To be eligible as a spouse and/or child who is "following to join" the relationship of spouse and/or child must have existed prior to the principal alien's approval as a refugee to the United States and relationship must also exist at the time the benefit at the time benefit is being sought.

The request to have a spouse and/or child join the principal in the United States must be in writing. The request shall include the name, date of birth, place of birth and overseas address of each family member he/she wishes to join him/her in the United States. A spouse and/or child following to join a refugee who has been admitted to the United States as such does not have to qualify as a refugee; he/she will be processed in accordance with outstanding instructions for the processing of refugee ap plicants. The question of firmly resettled" is not germane in this processing. Those individuals having once established the required relationship will be given priority and a number will be deducted from the refugee quota of the principal alien.

Since the spouse and child of a refugee seeking classification under section 207(c)(2) of the Act must not be person described in the second sentence of section 101(a)(42) of the Act, the Form G-646 must be completed by the applicants as part of the processing, and be made part of the record. Form I-590 may be useful in the processing of applicants and is to be utilized at the discretion of the district director.

The applicant shall be notified in writing of the decision on the request to have a spouse and/or child join him/her in the United States.

If a spouse or child is found to be ineligible for section 207(C)(2) status, a notice explaining the basis for denial shall be prepared and forwarded to the principal alien making the request. No appeal shall lie from such denial.

(b) Spouse and/or child overseas or in the Western Hemisphere.

The Service office in the United States will request the Department of State Visa Office, CA/VO/RAP, Room 1307, SA-1, 2401 E Street, N.W., Washington, D.C. 20520 (in writing) to send the "Visas 93" cable. A copy of the completed Form I-730 with copies of supporting documents should be mailed by the immigration office having jurisdiction to the Department of State. The Visa office will forward the "Visas 93" cable to the American Embassy or Consulate having jurisdiction over the area in which the depe ndent is located, with a copy to the district director in Rome, Bangkok or Central Office Refugee and Parole. (See appendix to OI207.8) The Embassy or Consulate, after completing the preliminary processing, will request an "A" number, the deduction of number from the numerical limitation for refugees, and an INS "Circuit Rider" to interview applicants. In those cases where the spouse and/or child is (are) located in remote areas, the District Director Rome or Bangkok will arrange to have an INS officer i nterview the aliens at that location or take other appropriate action. Central Office will arrange for the interview of section 207(c)(2) applicants in the Western Hemisphere.

The following information must be obtained from the principal alien for the "Visas 93" cable; his/her name, date and place of birth, "A" number, address that will be the destination of those following to join, and the name of the interested Voluntary Agency in the United States. The original of the completed Form I-730 with supporting documents should be placed in "A" file of principle applicant in the United States requesting benefit for immediate relative.

(c) Spouse and/or child in the United States.

The spouse and/or children of an alien admitted as a refugee, who have entered the United States as nonimmigrants, and is/are now applying for refugee status pursuant to section 207(c)(2) of the Immigration and Nationality Act, must have had the relation of spouse and/or child (as defined in section 101(b) (A), (B), (C), (D), or (E)) prior to the time the principal alien was approved to the United States as a refugee and relationship must also exist at the time the benefit is being sought. Such applicants will, upon the request of the principle alien in writing to the District Director having jurisdiction over the alien's place of residence, be provided with Form I-590. Upon the filing of Form I-590 if applicant(s) is/are found eligible under 207(c)(2) of the Immigration and Nationality Act, the field office shall create an "A" file, cancel the nonimmigrant visa, cancel the I_94, and endorse the reverse side to indicate "subject granted refugee side to indicate to join" as set forth in section 207(c)(2) of the Immigration and Nationality Act". The applicant shall be issued a new Form I-94, endorsed in the admission of box as follows: "status changed to refugee pursuant to 207(c)(2) of the Immigration and Nationality Act", on_____________, Employment Aut horized.

The new Form I-94, under the item "Visa issued at" shall indicate the former nonimmigrant status and date of admission. For the purpose of adjustment, the year of physical presence shall toll from the date that statu under section 207(c)(2) was acquired. The cancelled copy of the old I-94 and the newly issued I-94 should be copied for inclusion in the subject's "A" file. The old original should then be stapled to the new second copy of the I-94 and mailed to the appropriate office as listed in the no nimmigrant information system's (NIIS) instruction book. At the time such refugee status is granted, CORAP and COSTA shall be notified by wire of the number and nationality of the persons granted refugee status as outlined above.

The fact that a spouse or child arrived in the United States before the principle was granted refugee status has no bearing on their entitlement to refugee status under section 207(c)(2). Additionally, their present immigration status and status at entry are not germane to eligibility under this section.