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OI 245.6 Terminal processing.
Form I-181. shall be retained in the alien's file (the copy returned by the Visa Control Office in a case where a number has been allocated by that office).
Nonpreference cases. In any nonpreference case which required the Statement of Qualifications of Alien form and which was approved without referral of that form to the Department of Labor for a labor certification because the occupation involved was in Schedule A (20 CFR Part 656), 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 a
pproving office, the date of approval of the application, the legend "Sched. A,""and the alien's occupation. The copies may be accumulated on a weekly basis and shall be forwarded directly to Employment and Training Administration (Attention: METER), Department of Labor, Washington, D.C. 20210. In addition, the copy of the Statement of Qualifications of Alien form which is retained in the file shall be endorsed in the same space simply with the legend "Sched. A."
Form I-357. This form shall be delivered to every alien whose application for adjustment has been approved, and the date of its delivery shall be entered on the record copy of Form I-181.
Social Security Card. The adjudicator shall refer any person who requests a card after adjustment to the nearest Social Security Office.
The alien's Form I-94 should be stamped on the face with the word 'ADJUSTED' and should be routed to the Central Office, Attention; Document Handling Unit (AM 2790.13). A Form I-530 should not be prepared and routed to the Document Handling Unit of the Central Office, unless the alien has lost his Form I-94, In that event, the face of the Form I-530 should be stamped "ADJUSTED I-94 LOST". A copy of Form I-181, properly noted with the adjustment symbol and provision of law under which adjusted, must be for
warded promptly to the Central Office upon completion of each adjustment case under section 5 or 19 of Public Law 97-116 (See Subparagraph (ii) below), Forward ADIT Card Data Collection Form I-89 to the processing center for issuance of Form I-551, and note I-468 processing sheet of the date the I-89 forwarded. Finally in each approval case the file should be routed to the local records Administration and Information Personnel for coding on Form G-188, for preparation of a corrected Index card, Form G-361
, showing the adjustment of status (AM 2703.03), and for routing the corrected index card to the Central Office (AM 2703.13). If the applicant is under docket control, the "A" file should be routed to the docket control office after all the above has been accomplished.
Report to Congress. I-181's submitted to Central Office for congressional report. The Service is required to furnish reports to Congress quarterly regarding aliens who are adjusted under P.L. 97-116 Section 5 and 19. When a special immigrant under section
of the Act or investor under section 19 of P.L. 97-116 is adjusted to permanent resident status, a copy of the completed Form I-181 must be forwarded to Central Office Statistics (COSTA), Attention: Roger Kramer, Room 5020 on a weekly basis. The remarks block of the I-181 must show the date of the alien's entry as a nonimmigrant. In the case of an adjustment of status under section 101(a) (27)(H) of the Act, the alien's medical specialty must be shown using one of the following letter codes;
AL - ALLERGY AND IMMUNOLOGY
CR - COLON AND RECTAL SURGERY
EM - EMERGENCY MEDICINE
IN - INTERNAL MEDICINE
NM - NUCLEAR MEDICINE
OP - OPHTHALMOLOGY
OL - OTOLARYNGOLOGY
PD - PEDIATRICS
AN - ANESTHESIOLOGY
DE - DERMATOLOGY
FP - FAMILY PRACTICE
NS - NEUROLOGICAL SURGERY
OB - OBSTETRICS AND GYNECOLOGY
OR - ORTHOPEDIC SURGERY
PA - PATHOLOGY
PH - PHYSICAL MEDICINE AND REHABILITATION
PL - PLASTIC SURGERY
SU - SURGERY
UR - UROLOGY
PR - PREVENTIVE MEDICINE
RA - RADIOLOGY
TH - THORACIC SURGERY
Cancellation of nonimmigrant visa. Upon approval of an application for permanent residence under any provision of law, any nonimmigrant visa contained in a passport or other travel document presented by the applicant shall be stamped across the face "CANCELLED" followed by the word "ADJUSTED". The alien shall not be required to present the passport or travel document solely for the purpose of having the nonimmigrant visa cancelled.
Action in bond cases. If a bond is involved, action to breach or cancel the bond, if appropriate, shall be taken by the adjudicator. If the bond involved is a delivery bond, forward the file to Detention and Deportation for action on that bond.
Denied cases. when a denial decision become final, any relating approved visa petition shall be removed from the file and transmitted to the American consulate designated by the beneficiary. Care should be exercised, however, not to forward a petition in a case in which the basis for denial of the application would constitute grounds for instituting proceedings to revoke the approval of the petition (e.g., application denied on ground that applicant and the citizen or lawful permanent resident spouse peti
tioner do not have a bona fide marital relationship).
When a section 245 application is denied and the applicant is illegally in the United States, a determination shall be granted voluntary departure without the issuance of an order to show cause and appropriate action taken (see
). If it is determined that voluntary departure should not be granted, the case shall be referred to Investigations for determination as to whether on order to show cause should be issued.
Cases in which applicant departed during pendency of application. A section 245 application which is terminated under 8 CFR
because the applicant by departing before a decision has been made in the case, shall be counted statistically as "completed" and "denied". The applicant shall be notified by letter of the termination of the application and the reason. Any relating visa petition shall be disposed of in the manner described in paragraph (b), and if the applicant has returned to and is illegally within the United States, an appropriate determination shall be made, as set forth in that paragraph, with regard to enforcing t
he applicant's departure. (TM 2/87)