\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 212 Documentary requirements: Nonimmigrants; waivers; admission of certain inadmissible aliens; parole. \ OI 212.5 Parole.
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The authority of a district director to parole shall not be exercised below the level of an officer in charge or an immigrant inspector in charge of a port of entry. The sole ''parole'' status authorized by the Immigration and Nationality Act and Service regulations is set forth in section 212(d)(5) of the Act; that extraordinary authority shall be exercised with discretion and shall not be utilized if the case under consideration can be satisfactorily disposed of under any other provision of the Act. Respo
nsibility for each parole rests with the district director having jurisdiction over the paroling office. Except as specifically provided in paragraph (c) of this OI, advance authorization for the parole of an alien outside the United States, except from an area adjacent to our land borders, prior to commencement of his journey to the United States shall be made at the Central Office level. An immigrant shall not be paroled to overcome unavailability of an immigrant visa number except when the Secretary of D
efense requests that the alien be paroled in the national interest.
(b) Applicants for admission.
Parole may be authorized if the district director determines that a case is within the strict statutory limitations. Congress has also authorized the parole of crewmen within the provisions of section 253.
Unless emergent considerations dictate or asylum is granted, an alien seeking admission across the land borders shall not be paroled but shall be advised to remain in the adjacent country pending decision in this case.
The Office of Soviet Union Affairs, Room 4219, Department of State, telephone 202 632-9369, should be notified by telegram or telephone concerning a Soviet crewman for whom repatriation arrangements have not been made and who was paroled for medical treatment but is unable to return to his vessel after completion of medical procedures due to physical disability, or because the vessel has left the area, or because of other reasons.
Any Polish seaman serving aboard a Polish fishing vessel or fishery support vessel who is evacuated from his vessel to the United States for emergency medical treatment shall be allowed 7 days after release from the hospital within which to depart. During the period that the seaman is in the United States, he shall remain under the supervision of a local agent for the Polish fishing company.
(c) Advance authorization.
The ''Remarks'' block of Form I-512 shall show the basis for parole; by whom it was authorized; whether the alien is to be paroled or re-paroled upon arrival; and, for a nonimmigrant, it shall also show the period of parole. Authority to issue Form I-512 shall not be redelegated below the level of Assistant District Director for Travel Control.
When the parole applicant falls within classes (1) through (5) of the 4th subparagraph, his photograph must be affixed to the original copy of Form I-512. The original of Form I-512 shall be impressed with the Immigration and Naturalization Service masceration die so that the stamp is partly on the alien's photograph; Form G-325A checks shall be made unless the file reflects that such checks were previously made or the applicant is a Cuban national in possession of an appointment letter furnished by a Unite
d States consular officer in Nassau, Bahamas, or Port-of-Spain, Trinidad, advising him to apply for Form I-512. However, in the case of an alien departing under emergent circumstances, checks may be made on a post-audit basis.
Form I-512 shall be immediately issued pursuant to a request in behalf of a beneficiary spouse and children outside the United States under class (1) of the next subparagraph, except that the validity date shall be left open. Form I-512 shall be forwarded to the American consul having jurisdiction over the beneficiary's place of residence with the request that his records be appropriately checked and the medical examination required by 22 CFR 42.113 be conducted. If no adverse information exists and the ben
eficiary is found medically qualified, the consuls should be requested to attach a copy of Form FS-398 to the Form I-512, endorse Form I-512 valid for a period to expire in 4 months and deliver it to the beneficiary. If adverse information exists or the beneficiary does not qualify medically, the consul shall be requested to return From I-512 to the issuing office with such adverse information or a copy of Form FS-398, as appropriate. The interested party in the United States shall be notified that Form I-5
12 has been issued and forwarded to the United States consul for completion of processing including medical examination and that it will be delivered to the beneficiary if otherwise found qualified; similarly, the interested party shall be notified of an adverse decision.
Forms I-512 may be issued to the following classes unless reasons of national security or public order dictates otherwise: (1) A member of the professions or a person having exceptional ability in the sciences or the arts who, on the basis of prior Service policy, had been granted voluntary departure for the duration of the validity of a third-or sixth-preference petition approved on his behalf, or to such a member or person who is a Western Hemisphere native and had applied for an immigrant visa and who ha
d been granted voluntary departure under that policy, who is going abroad in connection with the qualifying profession, art, or science, or to bring his spouse and children to the United States, and to the spouse and children of such member or person who are abroad, notwithstanding that the principal beneficiary may have filed an application for adjustment to permanent resident status under section 245 of the Act; (2) A refugee from Cuba who is in parole or voluntary departure status, or other alien who has
been granted asylum and is in parole or voluntary departure status in the United States, who intends to depart temporarily to apply for a U.S. immigrant visa in Canada and is in possession of an American consul's letter of invitation to apply; a Form I-512 issued in such case shall be endorsed ''This person is in refugee status in the United States.'' and shall be limited to one trip for the time necessary for its completion; (3) An alien whose adjustment of status application is being held in abeyance wit
hin the purview of OI 245.4(a)(6) and who seeks to depart temporarily from the United States for any bona fide business or personal reason; or any other alien whose adjustment of status application is pending and who, before a decision can be made thereon, finds it necessary to depart temporarily for emergent personal or bona fide business reasons; (4) A lawful permanent resident who, prior to embarkation abroad, has applied to a Service office abroad for a duplicate Form I-551 or for a visa waiver under se
ction 211(b), but who, because of emergent conditions, must embark before action can be completed on his application; (5) An alien who is not an exchange alien subject to the foreign residence requirement, is not the beneficiary of a private bill and is not under deportation proceedings, in whose case parole has been authorized by the district director because of emergent or humanitarian considerations; and (6) An alien in whose case parole prior to embarkation abroad has been authorized by the Central Offi
Notwithstanding the foregoing, issuance of travel documents to conditional entrants or other refugees in the United States shall be governed by 8 CFR 223a and OI 223a, except that Form I-512 may be issued to an alien within class (2) above.
Conditional entrants desiring to travel abroad shall not be issued Form I-512. See OI 223a for issuance of refugee travel documents to conditional entrants who desire to travel abroad.
Parole authorization on Form I-512 may be issued to a principal alien in class (1) by the district director having jurisdiction over the place where the principal alien resides in the United States, and sent to the alien. Return of the principal alien shall be required within 4 months of the date of issuance of the parole authorization, except that the return of an alien who will be abroad in connection with his qualifying profession or occupation shall be required within the time needed for such purpose, n
ot to exceed one year from date of issuance of the parole authorization. The ''Remarks'' block of Form I-512 shall set forth the time to which the alien may be paroled and the conditions for re-parole. In the case of the beneficiary of a third- or sixth-preference petition, or his spouse and children, the parole shall be authorized for an indefinite period until an immigrant visa becomes available, conditioned upon retention of the status established in the approved petition.
When requested by an alien in class (3) above, parole authorization on Form I-512 may be issued by the district director having jurisdiction over the alien's adjustment application. The following language shall be inserted in the remarks portion of the Form I-512: ''This authorization will permit you to resume your application for adjustment of status on your return to the United States.''
The return of such an alien to the United States shall be required within 2 months of the date of issuance of the Form I-512, and upon his return he shall be paroled for an indefinite period provided his prima facie eligibility for adjustment continues except for the unavailability of an immigrant visa number.
Form I-512 may be issued valid for multiple applications for parole into the United States. Generally, multiple applications will only be issued to a principal alien in class (3) who for business purposes frequently departs the United States. Such authority will only be granted on a case-by-case basis depending on the stated or established need for multiple departures and reentries. The ''Remarks'' block of Form I-512 shall be noted that the document is valid for multiple applications during its validity. U
pon applicant's return to the United States the document will be stamped at the port of entry showing the arrival date and if still valid returned to the applicant for future use.
The district director will fix the date by which the return of an alien in class (5) will be required, consistent with the purpose of the emergent or humanitarian factors considered in authorizing the parole.
When a parole request for an alien who does not come within the above classes is received by a field office and it appears that the request is extremely meritorious, a complete report shall be expeditiously submitted to the regional office. If that office finds that parole is warranted, a telephonic or telegraphic report shall be submitted to the Associate Commissioner, Examinations.
For control procedures on parolees see OI 235.11.
Blue Page OI 212.5(c)
(e) Nonresident aliens serving aboard U.S. based fishing vessels.
Nonresident aliens employed on a United States based fishing vessel arriving at a port of entry may not be classified nor admitted as nonimmigrants pursuant to the provisions of Section 101(a)(15)(D) of the Immigration and Nationality Act. Consequently, it will be necessary for such aliens to present immigrant visas or evidence that they previously have been lawfully admitted for permanent residence. Any such alien, arriving without proper documents to enter the United States, should be detained on board th
e vessel except in cases where entry can be clearly justified as being for reasons deemed strictly in the national interest or for emergent humanitarian needs. If such justification is furnished, parole may be authorized under Section 212(d)(5) of the Act.
OI 212.6 Nonresident alien border crossing cards.
Blue Page OI 212.6
If a Central Office record is located showing that a prior border crossing card has been voided within the past 12 months or that the alien has been apprehended in the United States and granted voluntary departure without creation of an ''A'' file, the record and the original Form I-190 shall be returned to the submitting office. If a record of an ''A'' file is located, the original Form I-190 with the file number endorsed thereon will be stamped ''Comply with OI 212.6(a)(1)'' and will be forwarded to the f
iles control office holding the ''A'' file. The Central Office will copy the original Form I-190 and any pertinent record located and return such copies to the submitting office.
Upon receipt of a Form FS-257 bearing the above endorsement which shows that the application is pending before an American consular officer in Mexico, the relating file shall be immediately reviewed by a Travel Control supervisor to determine whether the file contains derogatory information bearing the applicant's eligibility for a border-crossing card. If it does, a resume of the derogatory information shall be immediately forwarded with the original Form FS-257 to the consulate which processed the border-
crossing card application. If the file contains no significant derogatory information, the original Form FS-257 shall be placed therein and no report need be made to the consulate.
Upon receipt of an original Form I-190 which was processed at a Mexican border port of entry, control of the relating file shall be transferred to the files control office having jurisdiction over the port of entry but the file itself shall be mailed direct to the port in accordance with the provisions of AM 2711. Upon receipt of the file at the port of entry, it shall be reviewed to determine whether or not the border crossing card will be issued. The original Form I-190, endorsed to show disposition, shal
l be placed in the relating ''A'' file, which will then be forwarded to the files control office having jurisdiction over the port of entry.
If no Central Office record is located, the original of the Form I-190 or Form FS-257 will be filed in the Master Index.
When, in the judgment of the issuing officer, there appears to be reason for a complete fingerprint check, the applicant shall be fingerprinted on an FBI ''Applicant'' chart. The letters ''B.C.C.,'' and the port's alphabetical location code hall be placed in the ''Miscellaneous Number'' block on the chart, and the chart shall be submitted to the FBI by means of Form G-325.
The issuance date shown on the Form I-186 shall be the date on which that document is prepared.
In the discretion of the issuing officer, except for commuter students, children under the age of 14 years need not submit Forms I-190 nor be issued separate Forms I-186. Photographs shall not be required in such cases but the children's names shall be listed on the parent's or guardian's Form I-186, provided they are listed on the parent's or guardian's passport or document in lieu thereof.
(2) Application to an American consular officer.
When a Mexian national applies to a United States consular officer in Mexico for a nonresident alien border crossing card, the consular officer will adjudicate the application in accordance with instructions issued by the Department of State. These consular offices have been authorized jointly by the Service and the Department of State to use Form FS-257 in lieu of Form I-190. If the applicant is found eligible, Form I-186 will be issued at the consular post and the issuing post will be identified by the fo
llowing appropriate three-letter abbreviation:
Blue Page OI 212.6(a)(3)
(4) Issuance and delivery.
Form I-186 shall be prepared the shortest time possible before its delivery to the alien is scheduled. The laminated Form I-186 shall not be delivered until the Central Office index and any other security checks including any request for a search of the FBI fingerprint records requested by the issuing officer have been completed and any relating ''A'' file consulted. If a Central Office return is not received within 45 days, the laminated Form I-186 may be delivered. American consular officers at Mexico Cit
y, Guadalajara and Monterrey have been authorized to deliver laminated Forms I-186 immediately on a post-audit basis. If the applicant has an established need to enter the United States during the 45-day period and if he is found otherwise eligible by the issuing officer, the triplicate Form I-190 shall be completed, and shall be stapled to the applicant's Mexican travel document for use as a temporary Form I-186 for a period as determined by the issuing officer not to exceed 45 days. Prior to lamination, '
'I&NS'' shall be punched into Form I-186, issued at Service offices, with a perforating machine so that part of the perforation is through the bottom of the photograph. ''MEX'' is punched in the same manner into the forms issued at consular posts in Mexico.
A resident of the interior of Mexico issued a Form I-190 as a temporary I-186 shall be required to specify whether the laminated Form I-186 will be picked up at the issuing office or at the American consulate of residence jurisdiction; if the later preference is indicated, either initially or later by letter from the applicant or notice from a consular official, the card will be forwarded to the appropriate consulate for delivery. Form G-94 shall be used to notify the applicant of the location of the consu
late where he may take delivery of the Form I-186.
Laminated Forms I-186 undelivered 60 days after the scheduled delivery date shall be destroyed in accordance with instructions for the destruction of classified documents. The related application shall be noted "Not delivered (date)____(initial)______", retained for one year from date of application and then destroyed.
Whenever an application on Form I-190 is submitted, the applicant shall be interviewed and the application completed. If the application is denied at time of interview, the original Form I-190, noted to show reason for denial, shall be forwarded to the Central Office in those cases in which an ''A'' file does not exist; if an ''A'' file exists, the original Form I-190 shall be routed to the file and shall be filed therein. The duplicate and triplicate copy of the application form shall be destroyed. If an a
pplication is denied subsequent to the submission of the original Form I-190 to the Central Office, a notice of the action taken shall be sent to the Chief, RAIB, Central Office, by means of Form I-180, appropriately modified. In every denial case the applicant shall be furnished written notice of the denial with a brief statement of the reasons therefor.
When a Form I-186 is voided for any reason, including its possession by a person other than the rightful holder, the alien shall be notified by means of Form I-180 delivered to the alien at time of voidance, or, if that is not possible, it shall be mailed to the address shown on Form I-186. A copy of the Form I-180 shall be forwarded to the Central Office in every case in which an ''A'' file does not exist; if an ''A'' file exists, the copy of the Form I-180 shall be routed to the file and shall be filed th
erein. When a Form I-186 has been voided, it shall be lifted and destroyed.
When a Form I-186 issued at an American consular post is voided, a copy of the Form I-180 shall be sent to the District Director, Mexico City, for coordination with the consular office there. The reason for the voidance shall be set forth in concise language showing the specific grounds.
When a Form I-186 has been voided, the alien shall not be issued another card for a minimum period of one year.
All outstanding Canadian Nonresident Alien Border Crossing Cards shall be replaced as manpower permits with laminated Forms I-185 with ''I&NS'' punched into the card with a perforating machine so that part of the perforation is through the bottom of the photographs. Holders thereof should be advised to apply on Forms I-175 for new cards. The instructions in paragraph (a) shall be followed insofar as practicable.
(c) Section 212(d)(3)(A) and (B) waivers.
A Mexican or Canadian nonresident alien border crossing card may be issued to an alien who has been granted a section 212(d)(3)(B) waiver authorizing multiple entries; similarly, a United States consular officer may issue a Canadian nonresident alien border crossing identification card to an alien ''landed immigrant'' in Canada (see 22 CFR 41.129) or a Mexican nonresident alien border crossing card to a Mexican national who has been granted a section 212(d)(3)(A) waiver authorizing multiple entries. When on
e of the foregoing cards is issued, it will be noted to show the file number, the class of section 212(a) waived and the limit of the period of any single admission. No card will be issued to an alien for whom a section 212(d)(3)(A) or (B) waiver has been authorized when the waiver order contains any restriction on extension of stay or deviation from itinerary.