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OI 245.4 Request for immigrant visa number.
General. Except when an alien is not subject to the numerical limitation on immigration, or when the application is clearly deniable, Form I-181, in duplicate, shall be sent directly to the Visa Control Office for allocation of an immigrant visa number. This shall be done during initial processing of the application. Forms I-181 relating to members of families should be forwarded fastened together.
Urgently needed number in August or September. When during August or September, a number is urgently needed in a case in which all Service action has been completed, a request shall be submitted to the Associate Commissioner, Examinations, for allocation of a number. If a Form I-181 has already been forwarded to the Visa Control Office, attach to the request a reproduced copy. If Form I-181 has not been submitted, attach to the request Form I-181, in duplicate. (REvised; RELEASED ADVANCE)
Natives of Jerusalem and other applicants whose foreign state chargeability is in doubt. If the applicant was born in Jerusalem, or if, after the interview, there is a question as to the proper charge, Form I-181, in duplicate, shall be submitted by covering memorandum addressed to the Director, Visa Office, Attention: Advisory Opinions Branch. (For doubtful foreign state charges, also see
. As much of the following information as is available shall be included in the memorandum: (applicant born in Jerusalem) the number of the house, name of the building, street, and the quarter of the city in which born; (other) variations in spelling of the place of birth, including versions in other languages for localities in Central and Eastern Europe; the name of the nearest important city or town in its variant form; the name of the district; the name of important topographical features in the vicini
ty, such as mountains, valleys, rivers, lakes, or forests. The Advisory Opinions Branch will determine the proper charge, endorse the Form I-181, and forward the form to the Visa Control Office for allocation of a number. A copy of the advisory opinion will be sent to the requesting Service office.
Nonpreference cases. When the Form I-181 is prepared in a nonpreference case, the appropriate box in the nonpreference block shall be checked. If the box: : "Section 212(a)(14) certification not required because" is checked, the reason must be shown, e.g., applicant will not engage in gainful employment; will be supported by lawful permanent resident son.
In nonpreference cases the entry to be made in priority date block of the Form I-181 shall be governed by the provisions of
8 CFR 245.1(g)(2)
. In cases within category (iv) of the regulation, the certification shall be deemed to have been issued as of the date the application for certification, Job Offer for Alien Employment, was accepted for processing by any office within the employment service system and that date entered in the priority date block. Acceptance will be evidenced by an endorsement on the form showing the date and "L.O." for local office, R.O. for regional office, and "N.O." for national office. Hence, for nonpreference visa
number allotment purposes, the priority date accorded an applicant for adjustment of status (or for an immigrant visa) may in certain circumstances be a date earlier than that on which either a petition for third or sixth preference or an application for adjustment of status is filed. In cases within category (iii) of that regulation, when the applicant is the beneficiary of an approved third or sixth preference petition and is within the blanket certification of Schedule A of the Department of Labor (20
CFR Part 656), and a nonpreference visa number is being requested. entry in the priority date block of Form I-181 shall be the date the petition was filed with the Service.
Paroled stateless Ugandan Asians. On October 2, 1972, the Attorney General authorized the parole of 1,000 Ugandan Asians who had been expatriated by the Government of Uganda, and on April 3, 1973, he announced he was authorizing the parole of an additional 500. Each alien paroled under this program was issued Form FS-511 by a consular officer, amended to show it was a preparole document rather than an immigrant visa. The Form FS-511 was surrendered at the port of entry forwarded to the files control offi
ce having jurisdiction over the alien's intended place of residence for creation of an "A" file. Form I-94 was issued to each such alien at the port of entry endorsed "Uganda Asian", and showing parole for an indefinite period. Most of these alien were paroled between October 1972 and August 1973. After consultation with the Department of Labor, the Service has determined that stateless ugandan Asians paroled under this program are not subject to the section 212(a)(14) labor certification requirement. I
n addition, the Department of State has agreed that they are entitle to nonpreference priority date as of the date on which they were paroled into this country. Accordingly, they may apply for adjustment under section 245 when the date on which they were paroled is no later than the nonpreference priority date shown in the current Visa Office Bulletin on Availability of Immigrant Visa Numbers. In preparing Forms I-181 in such a case, the date of parole shall be shown as the nonpreference priority date; al
so, the box "Section 212(a)(14) not required because" shall be checked and the words "paroled Ugandan Asian" shall be added. The Department of State has given assurances that each of these Ugandan Asians was accorded a medical examination before Form FS-511 was issued. Therefore, another such examination shall not be required preliminary to adjustment unless at that time there is indication in the relating file or elsewhere of the existence of medical grounds of inadmissibility.
Sections 202(b) and (c); section 101 (a) (27) (c) (ii), 101(a)(27)(H) and 203(a)(8). When the provisions of sections
through (4) of the Act apply, show on Form I-181 the foreign state to which chargeable and specific section (e.g., Italy-- 202(b)(4) in the block "Country to which chargeable", together with a brief explanation regarding that determination. Use the "Remarks" block of Form I-181 if additional space is needed for the explanation. When the provisions of section
are applicable, show the foreign state and the colony or other component or dependent area parenthetically(e.g., British (Bermuda) in the "Country to which chargeable" block.
See O.I. 245.7(a) for notation to be made on Form I-181 and other action to be taken upon approval of an application, when the applicant has spouse or children abroad who, through his adjustment, are entitle to special immigrant classification under section
, preference or nonpreference classification pursuant to section 203(a)(8) of the Act.
Subsequent Unavailability of a visa number. When a properly filed application cannot be completed solely because visa numbers became unavailable subsequent to the filing, the application will be held in abeyance until a visa number is allocated.
Those cases held in abeyance pending the allocation of a nonpreference visa number shall be periodically reviewed to screen out any applicant who appears eligible for a preference classification. Any applicant who appears eligible for a preference classification. Any applicant who appears eligible for a preference classification shall be informed and instructed how to proceed. IN all such cases held in abeyance pending allocation of a visa number, Form I-181, in duplicate, bearing the stamped notation "
HOLD FOR VISA NUMBER" in the upper right-hand portion of the box labeled "For use by the Visa Control Office" shall be forwarded to the Visa Control Office" insure that a visa number will be allocated when one becomes available. Similarly, when a different preference is established, a new Form I-181 prepared in accordance with the foregoing shall be forwarded to the Visa Control Office. When a visa number is available in these cases, the Visa Control Office will return Form I-181 endorsed to show allocati
on of an immigrant visa number for the month following the month notification is furnished to the Service. This will allow sufficient time to complete any unfinished processing.
Disposition of allocated immigrant visa numbers. In each section 245 case requiring the allocation of a visa number, the Visa Control Office will endorse Form I-181 to show the allocation of the visa number. A number may be used at any time during the fiscal year for which it was issued. If the application is approved during that fiscal year, the date of acquisition of permanent resident status shall be the date on which the application is actually approved in a section 245 case.
If, after allocation of a visa number, the application is denied or it appears final approval will be delayed beyond the end of the fiscal year in which it must be used, Form I-181 shall be returned immediately to the Visa Control Office, conspicuously endorsed to show that the number is returned for cancellation.
Also, in order to eliminate the possibility that an allocated visa number will go unused and thus be wasted, whenever a section 245 case is to be transferred during the first 10 months of the fiscal year (October -July), after a visa number has been allocated and before a decision can be made, the office transferring the file shall transmit it with memorandum calling the attention of the receiving office to the fact that a visa number has been allocated for use in that year. When such a case is to be t
ransferred during August or September, the office transferring the file shall first return Form I-181 to the Visa Control Office, endorsed to show that the number is returned for cancellation; and exception to this procedure may be made only if arrangements have been made telephonically or telegraphically to insure that the office is being transferred will adjudicate the application during the fiscal year in which the number must be used. If, after a Form I-181 has been returned to the Visa Control Office
for cancellation of an allocated number, the applicant is subsequently found eligible, new Forms I-181 in duplicate shall be submitted to that office without a covering memorandum.
On the last business day of August of each year, a physical inventory shall be made of all pending section 245 applications to determine whether any allocated numbers have not been used. If an unused number allocated during the first 11 months of that fiscal year is found and the application cannot be immediately approved, the number shall be returned to the Visa Control Office no later than September 10 for cancellation. Special attention shall be paid to cases in which a visa number is allocated f
or use in September to insure that, if the case cannot be approval during that month, the number will be returned to the Visa Control Office at the earliest possible date prior to the end of the fiscal year to permit its possible allocation to another alien during that year.