\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 211 Documentary requirements: Immigrants; waivers. \ OI 211.4 Control of alien commuters.
OI 211.4 Control of alien commuters.
Form I-151 for each commuter be grommeted in the lower right-hand corner of the photograph. Form I-151 for each seasonal commuter will be punched with the symbol "S" through the obverse lower left-hand corner. Form I-551 is not to be altered in any way. Statistics on commuters and seasonal commuters will be accumulated at ports of entry and reported monthly on Form G-23.1, Supplement A (See AM 2301.12.03-.12.04). Note that this report requires adjustment by reduction through change of status because of
a commuter having moved into the United States to reside or is otherwise known to have abandoned commuter status. To insure that a alien commuter has remained eligible for that status by not having been out of employment in the United States for more than 6 months, except for circumstances beyond his or her control, the following procedure shall be used: Form I-151/I-551, Alien Registration Receipt Card, stamped by the issuing officer with the "admission" stamp and bearing a 1 1/4 inch by 1/2 inch open-fa
ced numerical stamp in the ink color designated for the calendar year in which it will expire. The numeral to be used will correspond to the month 6 months later than the date the alien was last employed in the United States, as indicated by evidence presented by the alien. If the alien was last employed in the United States, for more than 6 months, but establishes that such unemployment was due to circumstances beyond his or her control, such as sickness or injury, the numeral to be used will correspond
to the month 6 months after those circumstances ceased to exist. For example, if the alien presents evidence indicating employment in the United States in January, the Form I-178 issued will bear the numeral 7; if the evidence shows last employment in June, the numeral will be 12. If the alien was employed for 8 months but establishes that serious illness during the last 3 months ending during December prevented working, the numeral shall be 6. The numeral appearing on the form signifies that the form wi
ll expire on the last day of the month indicated. The ink colors for the following calendar year are: 1985 - Black, 1986 - Red, 1987 - Green, 1988 - Brown. The rotation of colors as set forth above will be repeated beginning with calendar year 1989. the numerical stamp shall be affixed in the space to the right of that provided for the "admission" stamp.
An applicant for admission as a commuter without Form I-178, including a person who alleges loss of the form, or with an expired Form I-178, shall be processed as if eligibility for commuter status was being determined for the first time.
Such applicant shall be given written notice on Form I-176 that evidence of current employment must be delivered at the port of entry on a specific date and time. The evidence to be considered for eligibility for Form I-178 may include a current employment letter or payroll slip. If not currently employed, the applicant must furnish evidence as to the date on which the employment ceased. If unemployed for more than 6 months, and the alien claims this was due to circumstances beyond control, such as illne
ss or injury, the alien must submit evidence thereof including evidence of when the alien appears with the required documents and appears to have maintained eligibility for commuter status, the alien shall be issued form I-178, on which the "A" number shall be endorsed and which shall be stamped with the appropriate open-faced numeral and "admission" stamp.
Evidence of employment submitted by a commuter shall be returned to the alien.
When an alien commuter takes up actual permanent residence in the United States, the alien shall submit in person a fully executed Form I-90 (without fee) ad two current photographs, with the previously issued grommeted Form I-151 to the Service office of jurisdiction, requesting issuance of replacement Form I-151.
OI 211.5 Returning resident claims I-151 or I-551 lost [Removed 6/24/97; TM 1] [Moved to M-450 chapter 13]
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