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OI 204.5 Approved petitions.
For communication with Department of State see AM 2793.13 and
A list of consular posts and their jurisdiction is contained in Exhibits I and II, Appendix B/C/E to Vol. 9 - Visas, Foreign Affairs Manual. (Revised)
When advance notice of approval is directed to a consul, the petitioner shall be instructed promptly to inform the beneficiary to contact the consul. The petition, before being mailed, shall be checked or stamped, as appropriate, "Approval previously forwarded."
Approval of an immigrant visa petition shall be unconditional, except when a relative petition is approved on condition that blood tests are compatible (see OI
When, after a consulate has been notified of the approval of a visa petition, any inquiry or investigation is initiated to determine whether there are possible grounds for revocation, the consulate shall be requested to withhold issuance of the visa during the pendency of the inquiry or investigation. Expeditious action shall be taken and the consulate shall be notified promptly of the result.
Petitions for relatives.
Notice of approval in the cases of petitions for relatives shall be sent to the petitioner on Form I-171. This notice (unless requested or necessary) need not be prepared when the petition and the Adjustment of Status application are considered at the same time. A copy of Form I-171 shall not be retained unless a file exists in which it may be placed. Form I-171 (SINGLE COPY) shall be used when a copy thereof is not required for the file, notification to an attorney, or post-audit procedures.
When a petition has been approved to accord the beneficiary second-preference classification, the appropriate block of Form I-171, in addition to any other appropriate blocks, shall be checked to place the petitioner on notice that he should notify this Service promptly if he should become naturalized as a citizen of the United States. A currently valid petition according section 203(a)(2) preference status shall be regarded as approval for status as an immediate relative under section 201(b) or for pr
eference status under section 203(a)(1), as appropriate, as of the date the beneficiary acquired such status though the petitioner's naturalization, a letter of notification shall be forwarded to the consulate advising it of the date of the petitioner's naturalization and the new classification to which the beneficiary is entitled. The consulate shall be requested to attach the letter to the petition.
Third-and sixth-preference petitions.
Due care must be exercised to assure that the proper filing date, as provided in
8 CFR 204.1(c)
, is inserted in the appropriate place on the petition.
The supporting documents shall be forwarded to the consul with the petition.
When a third- or sixth-preference petition is approved for an occupation on Schedule A without an individual labor certification, a copy of the Statement of Qualifications of Alien form shall be submitted to the Department of Labor. That copy shall be stamped in the space at the bottom of the first page with the alphabetical Service location code of the approving office, the date of approval of the petition, and the legend "Sched. A" and the beneficiary's occupation. The copies may be accumulated on a
weekly basis and shall be forwarded directly to Employment and Training Administration, Department of Labor, Washington, D. C. 20210.
In addition, the copy of the Statement of Qualifications of Alien form which accompanies the petitions shall be endorsed in the same space simply with the legend "Sched. A."
Validity of approved petitions.
General. All approved immigrant visa petitions are valid indefinitely under the conditions set forth in
8 CFR 204
If any of the circumstances occur as specified in
8 CFR 205.1
the approval of the petition is automatically revoked. In any other situation revocation proceedings shall be instituted as provided in 8 CFR 205.3.
Beneficiary outside the United States. If the beneficiary is applying for an immigrant visa at a consulate abroad, the consul considering the alien's visa application will determine whether the petition is still valid. His determination is third-and sixth- preference cases will take into account whether any expired labor certification has been revalidated. In third- and sixth- preference cases he will also ascertain whether the petitioner still desires and intends to employ the beneficiary if more than o
ne year has elapsed since approval of the petition. The consul will not have to return the petition to the Service for any action unless the circumstances are such that revocation proceedings should be instituted as provided in 8 CFR 205.3.
Beneficiary in United States. If the beneficiary is in the United States, the Service officer adjudicating the alien's application for adjustment of status will determine whether the petition is still valid. See
concerning application for adjustment of status by third- and sixth- preference aliens.
Approval of subsequent petition by same petitioner for beneficiary. To effectuate reaffirmation or reinstatement of the validity of the original petition when a new petition by the same petitioner is approved for the same preference classification on behalf of the same beneficiary, the following endorsement shall be made in the "Remarks" block of the subsequently approved petition: "Beneficiary entitled to priority as of enter date of filing of previously approved petition) by virtue of approval of prior
petition in his behalf by the same petitioner filed on that date." The words "See Remarks" shall be placed on the "Date Filed" line of the visa petition. In any such case, any index card attached to a preference visa petition shall be endorsed in the "Action or VP" block to show "Approved with priority date of (enter date of previously approved petition)."