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OI 318 Pending deportation proceedings.
Aliens amenable to or under deportation proceedings
Lawful admission for permanent residence
OI 318.1 Aliens amenable to or under deportation proceedings.
When it appears at any stage of the naturalization proceedings that the petitioner or applicant is deportable upon a ground arising before, at time of, or subsequent to entry, the matter shall be referred for consideration of the issuance of an order to show cause.
The authority of a district director, acting district director, or deputy district director, to withhold the institution of deportation proceedings under OI 103.1(a) (1) (ii) and the effect of such withholding upon naturalization eligibility are considered in
Except when appealing humanitarian factors are involved (see
the application or petition for naturalization of an alien against whom there is an outstanding final finding of deportability shall be presented for final hearing with a recommendation for denial.
OI 318.2 Lawful admission for permanent residence.
A claim of lawful admission for permanent residence shall be verified from official records of the Service, as defined in
8 CFR 103.2
(b), unless an applicant presents documentary evidence establishing that his admission to the United States is presumed to be lawful under
8 CFR 101
Evidence of admission.
Documentary evidence to establish a presumption of lawful admission may consist of family bible entries immigration documents, passports, deeds, leases, wills, insurance polices, bank books, employment records, receipts school records church records, baptismal certificates, census records, or city directories.
Oral testimony and affidavits.
If documentary evidence cannot be submitted, the applicant may present witnesses for examination. When witnesses are unable to appear, detailed affidavits of at least two witnesses may be accepted if their contents raise no question as to the truthfulness of the statements made. Extreme caution shall be exercised when affidavits are the sole evidence presented. The affiants may be called upon to present documents to support their statements.
Waiver of deportability under section 241(f); Form I-181.
Petitioners regarded as lawfully admitted for permanent residence (Form I-181) under section
of the act shall, in all cases, be recommended for grant, facts to court, on the issues of whether the status of nondeportability also confers a status of lawful admission for permanent residence. Petitioners who did not enter with immigrant visas lack lawful admission for permanent residence and denial on that ground shall be made notwithstanding the existence in a particular case of a judicial finding that the alien is nondeportable under section 241(f). (See
.2 and INTERP 318.5.)