Traveling with a green card

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.22 Notes Page 1 of 16
9 FAM 42.22
NOTES
(TL:VISA-545; 05-22-2003)
(Office of Origin: CA/VO/L/R)
9 FAM 42.22 N1 DETERMINING RETURNING
RESIDENT ALIEN STATUS
9 FAM 42.22 N1.1 Evidence of Intent to Return to
Unrelinquished Residence in United States
(TL:VISA-331; 11-07-2001)
Department of State regulations specify the following evidence must be
presented for an alien to qualify as a returning resident alien. The alien:
(1) Was a lawfully admitted permanent resident of the United States at
the time of departure;
(2) At the time of departure, had the intention of returning to the
United States;
(3) While residing abroad, did not abandon the intention to return to
the United States; and
(4) Is returning from a temporary residence abroad; or if the stay was
protracted, this was caused by reasons beyond the alien’s control.
9 FAM 42.22 N1.2 Documentary Evidence of
Continued U.S. Residence
(TL:VISA-350; 01-25-2002)
Documentary evidence of an alien's intent to maintain a U.S. residence may
consist of, but is not limited to, the following:
(1) A driver's license issued within the past year and reflecting the
same address as that recorded on the Form I-94, Arrival-Departure
Record;
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9 FAM 42.22 Notes Page 2 of 16
(2) The name and address of the U.S. employer and evidence that a
salary has been paid within a reasonable period of time;
(3) Evidence of children’s enrollment in a U.S. school;
(4) Evidence that extended visit abroad was caused by unforeseen
circumstances;
(5) Evidence of a predetermined termination date, i.e., graduation,
employment contract expiration, etc.;
(6) Evidence of having filed U.S. income tax return(s) for the past
year(s); and
(7) Evidence of property ownership, whether real or personal, in the
United States.
9 FAM N1.3 Evidence indicating Abandonment of
Residence
(TL:VISA-284; 05-17-2001)
Consular officers should also take into account evidence that indicates
abandonment of residence in the United States. Such evidence might
consist of the following:
(1) Extended or frequent absences from the United States;
(2) Disposition of property or business affiliations in the United States;
(3) Family, property or business ties abroad;
(4) Conduct while outside the United States such as, employment by a
foreign employer; voting in foreign elections, running for political
office in a foreign country, etc.; or
(5) Failure to file U.S. income tax returns.
9 FAM 42.22 N1.4 Defining Temporary
(TL:VISA-19; 02-27-1989)
The term “temporary” cannot be defined in terms of elapsed time alone. The
intent of the alien, when it can be determined, will control. In the Matter of
Kane, the Board of Immigration Appeals has described some of the elements
to be examined:
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9 FAM 42.22 Notes Page 3 of 16
(1) Reason for Absence: Traveler should have a definite reason for
traveling abroad temporarily;
(2) Termination Date: The visit abroad should be expected to
terminate within a relatively short period, fixed by some early
event;
(3) Place of Home or Employment: The applicant must expect to return
to the United States as an actual home or place of employment. He
or she must possess the requisite intent to do so at the time of
their departure, and maintain it during the course of their sojourn.
9 FAM 42.22 N1.5 Defining "Lawfully Admitted"
(TL:VISA-284; 05-17-2001)
The INA defines "lawfully admitted for permanent residence" to mean "the
status of having been lawfully accorded the privilege of residing permanently
in the United States as an immigrant in accordance with the immigration
laws, such status not having changed."
9 FAM 42.22 N2 RETURNING RESIDENT
ALIENS NOT REQUIRING VISA
(TL:VISA-545; 05-22-2003)
A lawful permanent resident returning to an unrelinquished domicile in the
United States may not require a visa if the alien:
(1) Possesses a valid Form I-551, Permanent Resident Card, and was
absent from the United States for less than one year;
(2) Possesses an expired Form I-551 (valid for 10 years) if the
expiration date is the only reason for not boarding the alien;
(3) Possesses an expired Form I-551, accompanied by a filing receipt
issued within the previous six months for a Form I-751, Petition to
Remove the Conditions on Residence, or Form I-829, Petition by
Entrepreneur to Remove Conditions, if seeking admission or
readmission after a temporary absence of less than one year;
(4) Possesses a valid or expired Form I-551, and is a civilian or military
employee of the U.S. Government and was outside the United
States pursuant to military official orders, or the spouse or child of
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9 FAM 42.22 Notes Page 4 of 16
such alien who has resided with such alien abroad; provided the
spouse or child is preceding, accompanying or following to join the
employee within four months; or
(5) Possesses an Form I-551, valid or expired, or a transportation
letter, and is an employee of the American University of Beirut who
is returning to a permanent residence in the United States after
temporary employment with the University; and
(6) The Legal Permanent Resident (LPR) is an alien commuter residing
and employed in contiguous territory.
9 FAM 42.22 N2.1 LPR Possessing a Permanent
Resident Card
(TL:VISA-331; 11-07-2001)
a. An alien in possession of a Form I-551, Permanent Resident Card, who is
returning to an unrelinquished residence in the United States after a
temporary absence of less than one year, does not require a visa. [See
also 8 CFR 211.1(b)(1).]
b. An alien in possession of an expired Form I-551 valid for 10 years may
board an aircraft going to the United States if the expiration date is the
only reason for not boarding the alien. No transportation letter is needed,
and no fines shall be made against the carrier for transporting the alien.
[See also 9 FAM 42.22 PN6.]
c. However, an alien in possession of an expired permanent resident card
with a two-year expiration date must continue to have evidence that the
Form I-551 expiration date has been extended.
9 FAM 42.22 N2.2 LPR Possessing Valid Reentry
Permit
(TL:VISA-284; 05-17-2001)
a. An alien in possession of a valid Form I-191, Application for Advance
Permission to Return to Unrelinquished Domicile, does not require a visa
to reenter the United States. In the absence of contrary evidence, the
Department presumes that application for a reentry permit prior to
departure is prima facie evidence of intent to retain LPR status. However,
failure to obtain a reentry permit should not be viewed automatically as
intent to abandon residence and LPR status. A reentry permit, unless
otherwise restricted, is valid for a maximum of two years and cannot be
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9 FAM 42.22 Notes Page 5 of 16
renewed. An alien cannot apply for a reentry permit outside the United
States.
b. Although two years is the maximum period for which a reentry permit is
valid, there is no requirement that an application for a returning resident
visa be submitted within two years of the alien's departure. It may be
that Congress limited the maximum validity of the reentry permit to two
years in the belief that the evaluation of the alien's continued intention to
return could, after a two-year absence, best be made abroad, through a
consular interview.
9 FAM 42.22 N2.3 Alien Commuters
(TL:VISA-489; 11-15-2002)
An alien lawfully admitted for permanent residence may continue to reside in
foreign contiguous territory and commute as a special immigrant defined
under INA 101(a)(27)(A) to his or her place of employment in the United
States. An alien commuter who has been out of regular employment in the
United States for a continuous period of six months shall be deemed to have
lost residence status, notwithstanding temporary entries in the interim for
other than employment purposes. However, an exception applies when
employment in the United States was interrupted for reasons beyond the
alien's control other than lack of a job opportunity or the commuter can
demonstrate that he or she has worked 90 days in the United States in the
aggregate during the 12-month period preceding the application for
admission into the United States.
9 FAM 42.22 N2.4 Conditional Resident
(TL:VISA-284; 05-17-2001)
a. An alien granted conditional resident status under INA 216 is issued a
Form I-688, Temporary Resident Card, similar to other permanent
residents, except that the classification code on the front (photo) side of
the card is "CR-", "CF-", "C1-" or "C4-", followed by a one digit number
and the reverse side bears a legend stating:
THIS CARD EXPIRES ____________
The expiration date is two years from the date the alien obtains lawful
permanent resident status. The card is valid until midnight of the date
indicated.
b. An alien may not use an expired Form I-688, except when presented with
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9 FAM 42.22 Notes Page 6 of 16
a computer-generated receipt issued by the Immigration and
Naturalization Service indicating that the applicant has applied for
removal of conditional status or been granted a waiver.
9 FAM 42.22 N2.5 Alien Member of U.S. Armed
Forces or U.S. Government Employee
(TL:VISA-284; 05-17-2001)
a. An alien member of the U.S. Armed Forces or a U.S. Government
employee may present Form I-551, Permanent Resident Card, in lieu of a
visa provided the alien is:
(1) Traveling on U.S. Government orders;
(2) Returning from a foreign assignment to an unrelinquished
residence.
b. The spouse or child of a U.S. Armed Forces member or U.S. Government
employee does not require a visa if:
(1) Resided abroad with the spouse while on duty;
(2) Is preceding, accompanying, or following-to-join the principal alien;
or
(3) Married the U.S. Armed Forces member or U.S. Government
employee while abroad.
9 FAM 42.22 N2.6 LPR Commuting From Canada or
Mexico
(TL:VISA-284; 05-17-2001)
An alien who has been lawfully admitted for permanent residence may
commence or continue to reside in foreign contiguous territory. The alien
must present a valid Form I-551, Permanent Resident Card, in lieu of an
immigrant visa and passport. Such alien may commute as a special
immigrant, as defined in INA 101(a)(27)(A), to the alien's place of
employment in the United States to engage in daily or seasonal work which,
on the whole, is regular and stable. See also INS regulations at 8 CFR
211.5.
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9 FAM 42.22 Notes Page 7 of 16
9 FAM 42.22 N3 ELIGIBILITY FOR
RETURNING RESIDENT (SB) STATUS
9 FAM 42.22 N3.1 LPR Who Was Outside United
States for One Year or More
(TL:VISA-144; 06-28-1996)
An LPR who has remained outside the United States for more than one year
may be eligible for returning resident status if the consular officer is satisfied
that:
(1) The alien departed the United States with the intention of returning
to an unrelinquished residence and
(2) The alien’s stay abroad was for reasons beyond the alien’s control
and for which the alien was not responsible.
9 FAM 42.22 N3.2 Former U.S. Citizen
(TL:VISA-49; 10-30-1991)
If a naturalized citizen of the United States loses citizenship while in the
United States, the status of a returning resident is appropriate if the alien:
(1) Was a permanent resident of the United States prior to
naturalization;
(2) Has taken no action causing loss of permanent resident status; and
(3) Departed the United States after losing citizenship; and
(4) Is returning to the United States after a temporary visit abroad.
9 FAM 42.22 N3.3 Alien Employed Abroad by U.S.
Employer
(TL:VISA-489; 11-15-2002)
In the absence of contrary evidence, an alien employed outside the United
States by a U.S. employer would not likely be considered to have abandoned
U.S. residence. Although, an alien who lives and works in a foreign country,
but merely returns to the United States for brief visits periodically, may still
be found to have abandoned LPR status. Annual visits to the United States
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9 FAM 42.22 Notes Page 8 of 16
are no guarantee that LPR status will be preserved.
9 FAM 42.22 N3.4 Religious Missionaries Abroad
(TL:VISA-284; 05-17-2001)
When dealing with extended absences from the United States, consular
officers must be aware that the INS has determined that performance of
missionary work abroad for a "recognized" U.S. religious denomination does
not interrupt LPR status.
9 FAM 42.22 N3.5 LPR Students Studying Abroad
(TL:VISA-284; 05-17-2001)
Several decisions by the INS Administrative Appeals Unit (AAU) relate to LPR
students studying abroad. Students who wish to retain LPR status should
present evidence of a definitive graduation date. Even prolonged absences
from the United States may be considered temporary if the LPR can present
evidence of a receipt of a degree within a definitive time. Consular officers
should take into account whether students return to the United States at the
end of each academic term, or whether they have family still living in the
United States. Evidence of property ownership, or a bank account in the
United States may indicate the student intends to return to the United
States upon completion of studies.
9 FAM 42.22 N3.5 Verifying LPR Status Using
VISAS RACCOON Message
(TL:VISA-284; 05-17-2001)
Consular officer may verify an alien's LPR status by sending a VISAS
RACCOON cable to the INS Central Office. The message should explain that
the alien has requested processing for a returning resident visa but lacks
proof of LPR Status.
9 FAM 42.22 N4 DETERMINING LOSS OF LPR
STATUS
9 FAM 42.22 N4.1 Loss by Renunciation
(TL:VISA-284; 05-17-2001)
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9 FAM 42.22 Notes Page 9 of 16
a. The Immigration and Naturalization Service reserves the right to
determine loss or retention of legal resident status. Consular officers are
not authorized to make such determinations. However, in a case in which
the applicant has abandoned residence and voluntarily surrenders the
Form I-551, Permanent Resident Card, consular officers should request
that the applicant complete the Form I-407, Abandonment of Lawful
Permanent Resident Status, and accept the alien's permanent resident
card and return the card to INS. The consular officer shall not require a
visa applicant to relinquish the Form I-551, as a condition to issuance of
either an immigrant or nonimmigrant visa.
b. Consular officers should keep in mind it is not the statement renouncing
residence, but the absence of a fixed intent to return, that results in the
loss of LPR status.
9 FAM 42.22 N4.2 Loss by Recision
(TL:VISA-489; 11-15-2002)
Within five years of an alien's adjustment of status, the Attorney General
may rescind an adjustment of status if it is later determined that the alien
was ineligible. In such cases, intent is not the issue, it is a question of
statutory eligibility.
9 FAM 42.22 N4.3 Loss Due to Deportation
(TL:VISA-284; 05-17-2001)
The Board of Immigrations Appeals (BIA) has held that LPR status ends with
the entry of a final administrative order of deportation. Intent in such cases
is not the issue, the loss of status occurs by operation of law.
9 FAM 42.22 N4.4 Loss Due to Exclusion
(TL:VISA-284; 05-17-2001)
An LPR status is terminated by the entry of a final administrative order of
exclusion. Operation of law, not intent, controls in this case.
9 FAM 42.22 N4.5 Loss by Reversion
(TL:VISA-284; 05-17-2001)
Reversion terminates LPR status. Reversion is the process whereby an LPR
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9 FAM 42.22 Notes Page 10 of 16
can be adjusted to the status of a nonimmigrant to A, E, or G status. The
LPR can prevent reversion by waiving all the rights and benefits of the
nonimmigrant status. In such instances, INS is without discretion and must
effect a reversion when the alien fails to exercise action to contest the
reversion. Thus, reversion is a change in LPR status that may be viewed as
primarily driven by the operation of law. However, the alien's intent is
important, because the alien can always prevent reversion by executing the
statutory waiver of rights.
9 FAM 42.22 N4.6 Loss by Removal
(TL:VISA-284; 05-17-2001)
Removal ends an alien's LPR status. Removal is the process by which an
alien is removed from the United States at U.S. Government expense.
Removal is the equivalent of deportation.
9 FAM 42.22 N.4-7 Conditional Resident Status
9 FAM 42.22 N4.7-1 Automatic Loss of LPR Status
(TL:VISA-144; 06-28-1996)
A conditional resident alien automatically loses legal permanent resident
status on the second anniversary of his or her date of admission as a
resident if the Form I-751, Petition to Remove Conditions on Residence, is
not filed by that date. However, the law allows INS to accept a late petition
if, and only if, the alien can establish that the failure to file on time was for
reasons beyond his or her control.
9 FAM 42.22 N4.7-2 Expiration of Conditional Resident
Status
(TL:VISA-350; 01-25-2002)
a. If an alien's conditional resident status has expired and the alien does not
meet the conditions described in paragraph c below, the consular officer
must determine:
(1) Whether the alien was granted conditional resident status; or
(2) Whether this status expired solely due to the alien's failure to file a
timely application for removal of the conditional status.
b. Acceptable evidence that the applicant was granted conditional resident
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9 FAM 42.22 Notes Page 11 of 16
status could be in the form of the ADIT stamp in the applicant's passport
or an expired Permanent Resident Card. The consular officer may also
send a "VISAS RACCOON" telegram to determine that the alien indeed
was granted conditional residence status. [See 9 FAM Appendix N
Chapter 300.] If the consular officer is reasonably satisfied that the
applicant was a conditional resident and that the marriage appears to be
valid on the surface, the consular officer may issue a transportation
letter. However, if it appears to the consular officer that there is little or
no likelihood of the tardiness being excused by INS, the consular officer
shall request a determination by INS, through the Visa Office
(CA/VO/F/P).
c. An alien may not use an expired card to reenter the United States unless
the alien is also in possession of a computer-generated receipt issued by
the Immigration and Naturalization Service showing that he or she has
filed a(n):
(1) Form I-751, Petition to Remove Conditions on Residence; or
(2) Application for a waiver of the requirement to file a joint petition.
In these cases, the consular officer shall consider the Form I-551,
Permanent Resident Card, valid for six additional months from the
date of such filing while the petition or application is pending before
the Immigration and Naturalization Service.
d. In addition the consular officer shall advise the alien that:
(1) The decision to grant or deny the request to excuse the late filing of
Form I-751, Petition to Remove the Conditions on Residence, rests
with the INS adjudicating officer;
(2) Even if the tardiness is excused, INS may still deny the petition for
other reasons;
(3) If the tardiness is not excused and the petition or application
approved, the alien will be required to depart from the United
States or appear before an immigration judge in exclusion
proceedings;
(4) If the alien is excluded and deported from the United States, the
alien will not be allowed to return to the United States for one year,
unless permission to return is granted; and
(5) That the alien may wish to apply for a new immigrant visa rather
than accept the risks inherent in filing a tardy petition or application
while in a deferred inspection status. The alien may also seek a new
immigrant visa if he or she departs voluntarily following a denial of
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9 FAM 42.22 Notes Page 12 of 16
the petition or application or, if excluded and deported, once the
excludability under INA 212(a)(6)(A) has been resolved.
9 FAM 42.22 N5 CHILD UNDER AGE OF 16
YEARS
(TL:VISA-49; 10-30-1991)
a. An alien child under the age of 16 years is not considered to possess a
will or intent separate from that of the parents with regard to a
protracted stay abroad. Accordingly, the residence of a child under 16
follows that of the parent(s) unless the consular officer concludes the
parents have a separate intention for the child to return to the United
States for residence.
b. In a particular illustrative case of protracted stay abroad by a child, an
alien, born in Bermuda in 1941, was formally adopted at the age of six
months. The adoptive mother and child were admitted for permanent
residence in 1949 but approximately 10 months later the child was
returned to Bermuda because the adoptive mother reportedly was unable
to care for the child properly and work at the same time. The child
remained in Bermuda for six years, most of the time in the custody of a
guardian. The adoptive mother in the United States contributed regularly
to the child's support but never visited the child. When nearly 14 years
of age, the child applied for a special immigrant visa as a returning
resident alien under INA 101(a)(27)(A). The Department determined that
the child's protracted stay abroad was for reasons beyond the alien's
control [see 22 CFR 42.22(a)(3)] and, therefore, had not affected the
child's status as an alien lawfully admitted for permanent residence.
9 FAM 42.22 N6 CHILD BORN IN UNITED
STATES TO DIPLOMATIC PARENTS
(TL:VISA-144; 06-28-1996)
A child born in the United States to parents in diplomatic status does not
acquire U.S. nationality at birth, because the parents are not subject to the
jurisdiction of the United States while in that status. [See case of Nikoi v
Attorney General of United States, 939 F.2d 1065, D.C. Circuit.] However,
in accordance with INS regulation 8 CFR 101.3(a)(1), such a child might be
considered a lawful permanent resident at birth. The child will normally be
considered while under the age of 16 to have the same intent as the
parents. Thus, if the parents take the child out of the United States and
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9 FAM 42.22 Notes Page 13 of 16
abandon their residence in the United States, the child will normally be
considered to have lost permanent residence status
9 FAM 42.22 N7 SPOUSE OR CHILD OF LPR
(TL:VISA-144; 06-28-1996)
See 22 CFR 42.1(e).
9 FAM 42.22 N8 BENEFICIARIES OF PRIVATE
LAWS
9 FAM 42.22 N8.1 Beneficiary of Private Law
(TL:VISA-49; 10-30-1991)
Beneficiaries of private legislation granting permanent resident status are
considered eligible for special immigrant status as returning resident aliens
under the provisions of INA 101(a)(27)(A) even though they may have been
abroad at the time the legislation was enacted. The spouse and children of
such aliens shall also benefit.
9 FAM 42.22 N8.2 Beneficiaries of Private Law 98-
53: American University of Beirut (AUB)
Employees
(TL:VISA-19; 02-27-1989)
a. A lawful permanent resident alien employed by the University of AUB may
present a Form I-551, Permanent Resident Card, or a boarding letter
issued by U. S. consular or immigration officer, in lieu of an immigrant
visa provided the alien:
(1) Presents evidence of LPR status,
(2) Presents proof of AUB employment;
(3) Was employed by the AUB immediately prior to traveling to the
United States;
(4) Seeks admission either to remain temporarily in the United States
and then resume employment with the AUB; or
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9 FAM 42.22 Notes Page 14 of 16
(5) Intends to resume permanent residence in the United States.
b. If the consular officer is reasonably satisfied that the alien is entitled to
status, the consular officer shall issue the boarding letter.
9 FAM 42.22 N9 APPLYING INA 316 AND 317
(TL:VISA-144; 06-28-1996)
INA 316(b) and (c) and INA 317 provide that in certain cases, as described
below, continuous absence from the United States does not break the
continuity of residence for naturalization purposes. It would be inconsistent
to permit time spent abroad in such circumstances to be applied for
residence for naturalization purposes, but to interpret that same time abroad
as interruptive for the purpose of retaining LPR status. Thus, if an alien
qualifies for the benefits of INA 316(b) or (c), or INA 317 it may be
considered prima facie evidence that the alien is entitled to the status of a
returning resident alien as contemplated in INA 101(a)(27)(A). The cases
are:
(1) An employee under contract with the U.S. Government or an U.S.
Institution of research recognized by the Attorney General;
(2) An employee of an U.S. firm or corporation engaged in the
development of foreign trade and commerce of the United States or
a subsidiary thereof, more than 50 per centum of whose stock is
owned by an U.S. firm or corporation;
(3) An employee of a public international organization of which the
United States is a member by treaty or statue and by which the
alien was not employed until after being lawfully admitted for
permanent residence;
(4) Any person authorized to perform the ministerial or priestly function
of a religious denomination having a bona fide organization within
the United States; or
(5) Any person engaged solely by a religious denomination or
interdenominational mission organization having a bona fide
organization within the United States as a missionary, brother, nun,
or sister.
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9 FAM 42.22 Notes Page 15 of 16
9 FAM 42.22 N10 VISITOR VISA ISSUANCE
NOT RELINQUISHMENT OF RESIDENT STATUS
(TL:VISA-144; 06-28-1996)
a. An alien is not ineligible for classification as a returning resident alien
solely because the alien was previously issued a visitor visa during a stay
abroad as a matter of convenience when time did not permit the alien to
obtain a returning resident visa. [See also 9 FAM 41.31 N12.]
b. For example, a permanent resident alien is temporarily assigned abroad
but employed by a U.S. corporation. The alien has been outside the
United States for more than one year and thus may not return to the
United States using the Form I-551, Permanent Resident Card. The alien
has never relinquished permanent residence in the United States; has
continued to pay U.S. income taxes; and perhaps even maintains a home
in the United States. The fact that the alien was issued a nonimmigrant
visa for the purpose of making an urgent business trip would not reflect
negatively on the retention of resident status.
c. The consular officer shall not require a visa applicant to relinquish the
Form I-551, as a condition to immigrant or nonimmigrant visa issuance.
9 FAM 42.22 N11 DOCUMENTATION
REQUIRED UNDER INA 222(B)
(TL:VISA-144; 06-28-1996)
Under the provisions of 22 CFR 42.22(b), a returning resident alien is
required to present records and documents required by INA 222(b) only for
the period of temporary residence outside the United States. Consular
officers should not require a police certificate or other documents for periods
of less than six months.
9 FAM 42.22 N12 SEIZING FRAUDULENT INS
DOCUMENTS
(TL:VISA-144; 06-28-1996)
a. Posts should keep in mind that consular officers do not have the authority
to make determinations regarding retention or loss of legal resident
status and shall not require any alien to relinquish legal resident
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9 FAM 42.22 Notes Page 16 of 16
documentation. On the other hand, there are no regulations that state
that a fraudulent document cannot be retained if presented to a consular
officer for verification or other action.
b. In cases where a post is being required to verify the legitimacy of a
particular INS document, posts should follow these instructions:
(1) If post is certain that the document is fraudulent (i.e., a counterfeit
or a genuine document, which has been altered to allow its use by
an impostor), posts are authorized to retain the documents;
(2) If, on the other hand, a post is only doubtful as to the veracity of a
document, then the post should return the questionable document
to the bearer. If the alien is traveling, the post should notify the
carrier (if known) that the document may be fraudulent. The
carrier should be informed that if the document is in fact counterfeit
or altered and the carrier has decided to risk transporting the alien,
the carrier may be subject to INS fines. In all cases, post should
fax a copy of the document to the INS port of entry and should
send a copy to CA/VO; or
(3) If this method does not satisfy the alien, then the consular officer
should advise the alien to seek verification from the nearest INS
office.
9 FAM 42.22 N13 SECOND PREFERENCE
PETITION FILED ABROAD BY ALIEN
DOCUMENTED AS RETURNING RESIDENT
(TL:VISA-284; 05-17-2001)
See 9 FAM 42.31 N5.