\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 204 Petition to classify alien as immediate relative of a United States citizen or as a preference immigrant. \ OI 204.6 Inadmissibility.
Previous Document Next Document
OI 204.6 Inadmissibility.
Although a beneficiary may be inadmissible to the United States, and without regard to whether or not such inadmissibility has been or could be waived, the visa petition filed for him shall nevertheless be adjudicated. A memorandum of information, in duplicate, shall be attached to the visa petition if the beneficiary appears inadmissible. If the consul issues a visa he will return a copy of the memorandum, endorsed with an explanatory statement, in a sealed envelope securely fastened to the visa. When r
eturn of a copy of the memorandum is not feasible, the consul will attach to the visa a sealed statement that additional information relating to the applicant may be obtained from the Visa Office, Department of State. In such case the alien shall be paroled and the relating information shall be paroled and the relating information shall be obtained before further disposition is made.
There shall be included in a memorandum of information attached in duplicate to the visa petition, any other information, whether emanating from Service records or from another agency, which is believed to be pertinent and which may prove of some assistance to the American consul in acting upon the application for a visa. The memorandum shall recite the information in substance, with due regard to the "third agency rule" and shall state that the information is being furnished for the consul's guidance and
assistance in connection with the application for a visa. If the information is from a third agency, the consul shall be referred to the appropriate agency. The consul shall not be advised when the beneficiary's name appears in the Service Lookout Book as the result of another agency's request. It is essential that nay material which contains information of a security nature be classified properly and that such material be transmitted in accordance with the provisions of AM 2108.
The "Remarks" box on the visa petition shall be noted "SEE ATTACHED MEMORANDUM," and a copy of the memorandum shall be retained in the beneficiary's file; if a file does not exist, one shall be created.
When the beneficiary's file is required in connection with the adjudication of the visa petition and it contains information which may have a bearing on visa issuance, the approving office shall note the information in the Remarks portion of the petition. This would include information that the beneficiary is in the United States and is statutorily ineligible for the benefits of section 245; or that he had the status of an exchange aline, whether a waiver of the two-year foreign residence requirement has b
een granted and, if not, any information upon which a determination might be made as to whether the alien is subject to the tow-year foreign residence requirement.