OI 249.1

Application

OI 249.1 Application.

(a) General. Before a section 249 application is granted, Form G-325 checks shall be made. Although the applicant may have executed Form G-325A instead of Form G-325, only sheets 1 and 2 checks are required. A sheet 3 or 4 check shall not be made unless the file contains information indicating such a check is desirable.

When a section 249 application is made before an order to show cause is served, the decision on the application shall be made by the district director. If the application is denied by the district director in a case which is not certified to the regional commissioner, the applicant, unless he is an alien against whom expulsion proceedings will not be instituted (such as a parolee, a nonpriority case within the purview of OI 103.1(a)(1)(ii) , or a Western Hemisphere alien who will be permitted to remain while his application for an immigrant visa is pending), shall be informed that if he fails to depart from the United States within the item specified and expulsion proceedings are instituted against him, he will be permitted to renew his application for status as a permanent resident during those proceedings. Form I-291 shall be used for this purpose. The applicant shall be similarly informed, when appropriate, if his application is denied af ter certification to the regional commissioner.

(b) Applicant under deportation proceedings. If the initial or renewed application is made after service of an order to show cause, the decision on the application, including any requests for waivers of inadmissibility, will be made by the special inquiry officer. Before a decision is made by the special inquiry officer, he will send the application to Travel Control for completion of all processing, except for the interview of the applicant. Upon completion of the processing, Travel Control shall forward th e administrative file together with the application and relating documents to the trail attorney by memorandum, recommending whether or not the application shall be opposed. If it is recommended that the application shall be opposed, or that the applicant be called in for further questioning before the special inquiry officer, the reasons therefor shall be set forth in the memorandum. When a final order approving the application is entered by the special inquiry officer or the Board of Immigration Appeals , the record and administrative files will be forwarded to Travel Control.

(c) Witnesses. Form I-488 shall be used to record the statements of the applicant's witnesses.

(d) Disposition. When the district director finds that a section 249 application should be denied and the applicant is in a lawful status or deportation proceedings should not be instituted because of appealing humanitarian factors, the applicant shall be notified on Form I-290C that the case has been certified to the regional commissioner, and the reasons for the denial shall be briefly stated o the form. Additionally, those denied cases in which deportation proceedings should not be instituted because of hum anitarian factors should be accompanied by Form G-312 (Nonpriority Case Summary), when forwarded to the regional commissioner on certification.

A copy of the order on Form I-181 granting the application shall be placed in the Service file relating to the alien.

(e) Form I-357. Form I-357 shall be delivered to every alien whose application for creation of a record of lawful admission for permanent residence has been approved. The date of delivery of Form I-357 shall be entered in the designated space on the record copy of Form I-18.

(f) Form SS-5. The adjudicator shall refer any person who requests a social security card following the creation of a record of lawful permanent residence under section 249 of the Act, to the nearest Social Security office.

(h) Reopening and reconsideration. When, following reopening and reconsideration, a record of admission prior to july 1, 1924, has been created, the old Form I-181 shall be marked or stamped "Superseded by order of dated ." A new Form I-181 shall be prepared and a new Form I-551 substituted for the one originally issued.