The petition required by section 204 of the Act shall be filed on a separate Form I-140 for each beneficiary and shall be accompanied by a fee of $10. The petition shall be filed in the office of the Service having jurisdiction over the place where the alien's services are to be performed. Every first-preference petitioner shall be interviewed by an immigration officer prior to the adjudication of the petition. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. § 204.2 Services needed urgently; clear

ance order.

In order for the services of an alien to be considered as needed urgently within the meaning of section 203(a)(1) of the Act, it must be established that there is an immediate need for the services of the alien and qualified persons are not available in the United States to perform such services. A United States Employment Service clearance order concerning nonavailability of qualified persons shall be attached to every submitted first-preference petition unless the petitioner has been informed by the office having jurisdiction over the place where the beneficiary's services are to be performed that a clearance order for the beneficiary's occupation is not required. A single clearance order for a specified number of first-preference petitions may be used to support the identical number of such petitions filed by the same petitioner in behalf of beneficiaries who will do the work described in the clearance order.

grants. A petition to accord an alien a first-preference classification must be accompanied by documentary evidence of his qualifications. If the alien's eligibility is based in whole or in part on high education or attendance at a technical or vocational school, a certified copy of his school record must be submitted by the petitioner. The record must show the period of attendance, major field of study, and degrees or diplomas awarded. If the alien's eligibility is based on technical training, specialized experience, or exceptional ability, documentary evidence thereof, such as affidavits or published material must be submitted by the petitioner. Affidavits must be made by the alien's present and former employers, or by recognized experts familiar with the alien's work. Each such affidavit must set forth the name and address of the affiant, and state how he acquired his knowledge of the alien's qualifications, state the place where and the dates during which the alien gained his experience, and must describe in detail the duties performed by the alien, any tools used, and any supervision received or exercised by the alien. When any material published by or about the alien is submitted, it must be accompanied by information as to date, place and title of publication.

(b) Nonquota ministers. A petition to accord an alien a nonquota classification as a minister under section 101(a) (27) (F) (i) of the Act must be accompanied by a statement or statements on official ecclesiastical stationery regarding his ordination or other authorization to act as a minister which shall set forth the name of each religious denomination or sect, the periods of his service, and the addresses at which he served during the two years immediately prior to the filing of the petition.

§ 204.4 First-preference petition validity.

If an individual clearance order from the United States Employment Service is required to be submitted, the period of the first-preference petition's validity shall not exceed one year from the endorsement date placed on the clearance order by the Washington office of that Service. When an individual clearance order is not required, the period of

205.2 Eligible orphan.

205.3 Evidence of United States citizenship. 205.4 Evidence of lawful admission for permanent residence. 205.5 Evidence of family relationship between petitioner and beneficiary. 205.6 Evidence required to accompany petition for eligible orphan. 205.7 Disposition of approved visa petition. 205.8 Conversion of classification of third preference beneficiaries upon naturalization of petitioner.

AUTHORITY: The provisions of this Part 205 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 203, 205, 245, 66 Stat. 166, 178, 180, 217, as amended; 8 U.S.C. 1101, 1153, 1155, 1255.

SOURCE: The provisions of this Part 205 appear at 29 F.R. 10498, July 29, 1964, unless otherwise noted.

A petition to accord nonquota immigrant status under section 101 (a) (27) (A) of the Act, or quota immigrant status under section 203(a) (2) or (3) of the Act, or a preference under section 203 (a) (4) of the Act shall be filed on a separate Form I-130 for each beneficiary and shall be accompanied by a fee of $10. The petition shall be filed in the office of the Service having jurisdiction over the place where the petitioner is residing. However, when the petitioner and beneficiary are physically present in an area over which the following consular officers have jurisdiction, the Form I-130 petition may be filed with an American consular officer at any visa-issuing post in South America (except Venezuela), areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Philippines), Australia, New Zealand, and Africa (excluding posts in the United Arab Republic, the Mediterranean islands, and Portuguese island possessions); while such consular officers are authorized to approve such petitions, they shall refer any petition which is not clearly approvable to the appropriate Service office outside the United

A petition in behalf of an eligible orphan defined in section 101(b) (6) of the Act shall be filed by the United States citizen spouse on Form I-600, shall iḍentify the beneficiary, and shall be accompanied by a fee of $10. The petition shall be filed in the office of the Service having jurisdiction over the place where the petitioner is residing. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. If a United States citizen or his spouse intends to proceed abroad to locate an eligible orphan for adoption, he may submit a request in writing to the district director in whose jurisdiction he resides to initiate preliminary processing prior to filing a petition. § 205.3 Evidence of United States citizenship.

(a) General. A petition filed under § 205.1 or § 205.2 by a United States citizen must be accompanied by evidence of his United States citizenship.

A

(1) Birth in the United States. petition filed under § 205.1 or § 205.2 by a United States citizen whose citizenship is based on birth in the United States must be accompanied by his birth certificate; or if his birth certificate is unobtainable, a copy of his baptismal certificate under seal of the church, showing his place of birth and a date of baptism occurring within two months after birth; or if his birth or baptismal certificate cannot be obtained, affidavits of two United States citizens who have personal knowledge of his birth in the United States.

(2) Petition filed outside United States. A native-born citizen of the United States who files a visa petition while physically outside the United States may establish his birth by presenting his valid unexpired United States passport containing the date and place

of his birth in the United States. A statement executed by a consular officer, certifying the petitioner to be a United States citizen and the bearer of a valid United States passport showing him to be a native-born citizen, may be accepted in lieu of the passport.

(3) Petition by member of armed forces of United States. When a nativeborn member of the armed forces of the United States serving outside the United States submits a visa petition without documentary proof of his birth in the United States, a statement from the appropriate authority of the armed forces to the effect that the personnel records of the armed forces show the petitioner was born in the United States on a certain date may be accepted as proof of his birth in the United States if the approving officer finds that to require documentary proof of the petitioner's birth in the United States would cause the petitioner unusual delay or hardship.

A

(b) Birth outside United States. petition filed under § 205.1 or § 205.2 by a United States citizen born abroad who became a citizen through the naturalization or citizenship of a parent or husband, and who has not been issued a certificate of citizenship in his or her own name, must submit evidence of the citizenship and marriage of such parent or husband, as well as the termination of any prior marriages. In addition, if he claims citizenship through a parent, he must submit his birth certificate and a separate statement showing the date, port, and means of all his arrivals and departures into and out of the United States. If the petitioner is a naturalized citizen of the United States whose naturalization occurred within 90 days immediately preceding the filing of the petition, or if it occurred prior to September 27, 1906, the naturalization certificate must accompany the petition.

nent residence, his Form I-151 alien registration receipt card, or his immigrant identification card.

§ 205.5

Evidence of family relationship between petitioner and beneficiary. (a) General. A petition filed under § 205.1 must be accompanied by evidence of family relationship.

(b) Petition for a spouse. If a petition is submitted on behalf of a wife or husband, it must be accompanied by a certificate of marriage to the beneficiary and proof of legal termination of all previous marriages of both wife and husband.

(c) Petition for a child. If a petition is submitted by a mother on behalf of a child, regardless of the child's age, the birth certificate of the child showing the name of the mother must accompany the petition. If a petition is submitted by a father or stepparent on behalf of a child, regardless of age, a certificate of marriage of the parents, proof of termination of their prior marriages, and the birth certificate of the child must accompany the petition.

(d) Petition for a brother or sister. If a petition is submitted on behalf of a brother or sister, the birth certificate of the petitioner and the birth certificate of the beneficiary, showing a common mother, must accompany the petition. If the petition is on behalf of a brother or sister having a common father and different mothers, the marriage certificate of the petitioner's parents, and the beneficiary's parents, and proof of the termination of the parents' prior marriages, if any, must accompany the petition.

(e) Petition in behalf of a parent. If a petition is submitted in behalf of a mother, the petitioner's birth certificate showing the name of the mother must accompany the petition. If a petition is submitted on behalf of a father or stepparent, the petitioner's birth certificate and the marriage certificate of his parent and stepparent must accompany the petition, as well as proof of the termination of their prior marriages, if any.

(f) Married women. If either the petitioner or the beneficiary is a married woman, her marriage certificate must accompany the petition. However, when the relationship between the petitioner and beneficiary is that of a mother and

child, regardless of the child's age, the mother's marriage certificate need not be submitted if the mother's present married name appears on the birth certificate of the child.

If the

(g) Relationship by adoption. petitioner and the beneficiary are related to each other by adoption, a certified copy of the adoption decree must accompany the petition.

[29 F.R. 10498, July 29, 1964, as amended at 29 F.R. 14431, Oct. 21, 1964]

§ 205.6 Evidence required to accompany petition for eligible orphan.

(a) General. A petition filed in behalf of an eligible orphan under § 205.2 must be accompanied by evidence of the petitioner's United States citizenship as provided in § 205.3; proof of marriage of the petitioner as provided in § 205.5 (b); proof of age of the orphan in the form of a birth certificate, or if such certificate is not available other evidence of his birth; evidence that the petitioner and spouse are able to care for the orphan properly, which may consist of evidence such as letters from employers, banks and accountants, financial statements, copies of income tax returns; a certified copy of the adoption decree together with certified translation, if the orphan has been lawfully adopted abroad; evidence that the remaining parent is incapable of providing for the orphan's care and has in writing irrevocably released the orphan for emigration and adoption if the orphan has only one parent; and fingerprint charts of petitioner and spouse on Form FD-258.

(b) Preadoption requirements. If the eligible orphan is to be adopted in the United States, the petitioner must submit evidence of compliance with the preadoption requirements, if any, of the state of the orphan's proposed residence, except any such requirements that cannot be complied with prior to the child's arrival in the United States.

(c) Beneficiary adopted abroad without having been seen and observed. An

orphan who is adopted abroad without having been personally seen and observed by the petitioner and spouse prior to or during the adoption proceedings shall be considered as a child coming to the United States for adoption. Before a petition in behalf of such a child is approved, the petitioner and spouse must submit a statement indicating their willingness and intent to readopt the child in the United States. Unless the Service has already ascertained from the appropriate state authority that readoption is permissible in that state, the petitioner shall be required to submit evidence in the form of a statement from the court having jurisdiction over adoption, the state department of welfare, or the attorney general of the state, indicating that readoption is permissible. As in the case of a petition for any other orphan coming to the United States for adoption, evidence of compliance with the preadoption requirements, if any, of the state of proposed residence must be submitted.

§ 205.7 Disposition of approved visa petition.

If the beneficiary of an approved petition will apply to an American consulate for a visa, the approved petition shall be forwarded to the consulate designated by the petitioner. When the beneficiary of an approved petition will file an application for adjustment of status under section 245 of the Act, as amended, the approved petition will be retained by the Service for consideration in connection with that application.

§ 205.8 Conversion of classification of third preference beneficiaries upon naturalization of petitioner.

A currently valid petition according section 203(a) (3) preference status shall be regarded as approved for nonquota status under section 101(a) (27) (A) or for preference quota status under section 203(a) (2), as appropriate, as of the date the beneficiary acquired such status through the petitioner's naturalization.

33-570 O-65-3