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Procedure. Prior to Adjudication, a Service Employee shall conduct accordance with
OI 103.2 (a)
. If it is determined that the applicant is in violation of nonimmigrant status and that the Service is contemplating commencement of deportation proceedings,the application should be adjudicated immediately.
Grant. When the status of an applicant, spouse, or child is changed from one nonimmigrant class to another, their Forms I-94 shall be endorsed as to the date of the action, the new classification, and any extension of stay. Form I-506A, or Form I-530 (if change is made without a formal application pursuant to
8 CFR 248.3(b)
),shall be forwarded to the designated document control center for NIIS.
When a change of status is granted and a valid visa is required for readmission, the following shall be notated in the right hand margin on the reverse of the applicant's Form I-94: "NOTE: YOU MUST OBTAIN A NEW VISA TO REENTER THIS COUNTRY IN YOUR PRESENT STATUS".
Notification of approval must be sent to the applicant and the applicant's representative,if any. The address label, the endorsed Form I-94, and Form I-358 should be sent to unrepresented aliens in a window envelop. Represented aliens and those cases submitted under
8 CFR 248.3(b)
shall be notified by use of Form I-524. Return the alien's I-94 and Form I-542 to the alien's representative.
Derivative beneficiaries of principals granted change of status. If the spouse or child of an alien whose status has been changed to an E, F, H, I, J, L or M classification is abroad and will follow to join the principal in the United States, a copy of Form I-506 noted as to the change shall be forwarded directly to the appropriate American consulate by means of a route slip, Optional Form 41, so informing the consul. See
for communication with State Department.
8 CFR 248.3(b)
. If the alien whose status has been changed to an E, F, G, I, J, L, or M Classification has a nonimmigrant spouse or child in the United States at the time the change is granted, such spouse and child may have their status changed, without application or fee, to a classification under the same subparagraph of section
as the principal alien. However, a nonimmigrant spouse or child acquired after the principal alien has changed classification, or a spouse or child admitted to the United States, in a nonimmigrant classification other than that of the principal after the latter's classification has been change, must file application and submit the required fees if they seek classification under the same subparagraph of section
as the principal alien.
Denial. Form I-543 will be used to deny an I-506 application. The proper box(es) listing the reason(s) for denial must be completed with a detailed explanation why the application is denied. If an applicant has continued to maintain the current nonimmigrant status the original Form I-94 should be returned to the applicant with the Form I-543. If an applicant's authorized stay has expired or the applicant has otherwise violated status, the appropriate box on Form I-543 should be checked and a period of
voluntary departure noted in the space provided, not to exceed 30 days. Annotation of denial shall be placed in the "Record of Changes" section of the alien's Form I-94. The notation will appear as follows: I-506 Denied (date)(office code).
When voluntary departure is granted, the applicant shall be placed under docket control. The applicant's Form I-94 should be stamped in the "Record of Changes" area and on the front, "Under Docket Control at (Office Code)". Form I-161, docket control card, shall be made and forwarded to the deportation unit. Form I-506A shall be sent to the designated document control center for NIIS. Form I-506 should be filed in accordance with AM 2790.13, Item 11B.