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OI 264.6 Creation of record of lawful permanent resident status for alien eligible for presumption of lawful admission for permanent residence or for person born in diplomatic status in the United Status.
Preparation of Form I-89. At the time of submission of an application for creation of a record of lawful permanent resident status filed pursuant to 8 CFR
, the immigration officer to whom it is submitted will have Form I-89, Adit Card Date Collection Form, prepared. The applicant's fingerprint must be placed on Form I-89 unless that requirement is waived for just cause.
Agency checks. When the district director having jurisdiction over the applicant's place of residence in the United States receives an application, the district director shall promptly request FBI and CIA checks on Forms G-325A in the manner prescribed by
. Agency checks should be requested only if the applicant is fourteen years of age or older. An FBI identification check should not be requested for an applicant seventy-nine years of age or older.
Interview. If, after examination of the application, there is a question concerning the applicant's eligibility for creation of a record of lawful permanent residence, the adjudicating officer may request the applicant to appear for an interview. If the applicant is under eighteen years old, his/her parent or legal guardian must appear with him/her at the interview. The presence of an applicant who is a minor, however, may be waived for just cause.
Advisory opinion of State Department. If the adjudicating officer believes that an applicant for creation of a record of permanent resident status for a person born in the United States to a foreign diplomatic officer is a United states citizen, not a lawful permanent resident, because he/she was born subject to the jurisdiction of the United States, the officer should write a letter to the Department of State requesting an advisory opinion regarding the applicant's status. The letter should be addressed
to the Department of State, Office of Protocol, Room 1238, Washington, D.C. 20520. In cases where expeditious action is necessary, the officer should request the advisory opinion telephonically.
Creation of record of lawful permanent residence. If the application is granted, the adjudicating officer should prepare a single Form I-181 and place it in the relating "A" file to show that the applicant has been accorded the status of a lawful permanent resident. The officer should not Form I-181 to indicate that section 101 of the Act is the section of law under which permanent residence is accorded.
Issuance of Form I-551. After preparation of Form I-181, Form I-551 will be issued.