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to care for the orphan properly, 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; and evidence that the sole or surviving 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. A child shall be considered as having a sole parent, his mother, when it is established that the child is illegitimate, and has not acquired a second parent within the contemplation of section 101(b) (2) of the Act. A child shall be considered as having a surviving parent when it is established that one of the child's parents is living while one is deceased, and the child has not acquired a second parent within the meaning of section 101(b) (2) of the Act. When a child who has a sole or surviving parent has been adopted abroad, the requirement for an irrevocable release in writing for the child's emigration and adoption shall be considered to have been met if the adoption decree clearly sets forth that the adoptive petitioner and spouse reside in the United States and that the child's only parent has agreed to release the child for adoption. A child who has been unconditionally abandoned to an orphanage shall be considered as having no parents. However, a child shall not be considered as having been abandoned when he has been placed temporarily in an orphanage, if the parent or parents intend to retrieve the child, or the parent or parents are contributing or attempting contribute to the child's support, or the parent or parents otherwise exhibit that they have not terminated their parental obligations to the child.

(2) Preadoption requirements. If the 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.

(3) Beneficiary whose adoption abroad not deemed valid or who is adopted abroad without having been seen and observed. An orphan whose adoption abroad is determined by the Service to be invalid for benefits under the immigra

tion or nationality laws, or who is adopted abroad without having been personally seen and observed by the petitioning husband and wife prior to or during the adoption proceedings, shall be processed as a child coming to the United States of 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.

(e) Evidence of eligibility for third- or sixth-preference classification—(1) General. The documentary evidence which the petitioner must submit to establish the beneficiary's eligibility under section 203(a) (3) or (6) of the Act shall include Form MA 7-50A, or Forms MA 7-50 A and B, as provided in § 204.1 (c), and any documents required to be presented with those forms. If the alien's eligibility is based in whole or in part on higher education, a certified copy of his school record shall be submitted. The record must show the period of attendance, major field of study, and the degrees or diplomas awarded. If the alien has received a license or other official permission to practice his profession, the license or other official permit to practice must also be submitted. If the alien's eligibility is based on a claim of exceptional ability in the sciences or the arts, documentary evidence supporting the claim must be submitted by the petitioner. Such evidence may attest to the universal acclaim and either the national or international recognition accorded to the alien; that he has received a nationally or internationally recognized prize or award or won a nationally or internationally recognized competition for excellence for a specific product or performance or for outstanding achievement; or that he is a member of a national or

international association of persons which maintains standards of membership recognizing outstanding achievement as judged by recognized national or international experts in a specific discipline or field of endeavor. An affidavit attesting to an alien's exceptional ability in the sciences or the arts must set forth the name and address of the affiant, state how he has acquired his knowledge of the alien's qualifications, and must describe in detail the facts on which the affiant bases his assessment of the alien's qualifications. If material published by or about the alien is submitted, it must be accompanied by information as to the date, place, and title of the publication. If the alien's eligibility is based on training or experience, documentary evidence thereof, such as affidavits, must be submitted by the petitioner. Affidavits concerning training or experience must set forth the name and address of the affiant, state how he acquired his knowledge of the alien's qualifications, state the places where and the dates between which the alien gained the training or experience, and describe in detail the duties performed by the alien, any tools used, and any supervision received or exercised by the alien.

(2) Physicians. An alien physician shall be considered eligible for classification as a member of the professions if he establishes that he was graduated from a medical school in the United States or Canada, or that he was graduated from a foreign medical school and has successfully passed the examination given by the Educational Council for Foreign Medical Graduates, or that he was graduated from a foreign medical school and has obtained a full and unrestricted license to practice medicine in the country where he obtained his medical education. In any other case the district director may consult the Educational Council for Foreign Medical Graduates or other organizations and experts in the medical field for the purpose of obtaining an advisory opinion of the alien's qualifications as a physician.

(3) Advisory opinion. The district director may request the Manpower Administration to furnish an advisory opinion concerning the qualifications of the beneficiary of a petition under section 203 (a) (3) or (6) of the Act.

(4) Certification under section 212 (a) (14). No third- or sixth-preference petition shall be approvable unless it is supported by a valid labor certification

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issued under section 212 (a) 14) of the Act. An alien whose occupation is currently listed in Schedule A (29 CFR Part 60) will be considered as having obtained a certification under section 212(a) (14) of the Act upon determination by the district director that the alien is qualified for and will be engaged in such occupation. In the case of an alien whose occupation is currently listed in Schedule B, the Secretary of Labor has announced that the determination and certification required by section 212(a) (14) of the Act cannot now be made (29 CFR Part 60). In the case of a beneficiary who the district director finds is a member of a profession or a person with exceptional ability in the sciences or arts, but who is not included in Schedule A (29 CFR Part 60), the district director will refer Form MA 7-50A to the appropriate Regional Manpower Administrator for a determination as to whether an individual labor certification will be issued. In the case of any other alien, his employer or prospective employer may apply for certification under section 212(a) (14) of the Act by submitting properly executed Forms MA 7-50A and MA 7-50B, together with the documentary evidence required by the instructions for completion of the forms, to the local office of the State Employment Service serving the area of intended employment. Information concerning the categories of employment listed in Labor Department Schedules (29 CFR Part 60) may be obtained from principal offices of the Service, from State Employment Service offices and from U.S. consular offices.

(f) Certification of documents by attorneys. A copy of a document submitted in support of a visa petition filed pursuant to section 204 of the Act and this part may be accepted, though unaccompanied by the original, if the copy bears a certification by an attorney typed or rubberstamped in the following language:

I certify that I have compared this copy with its original and it is a true and complete copy. Signed: Name: Address:

Date:

Attorney at Law

Admitted to Practice in State of

However, the original document shall be submitted if submittal is requested by the Service.

[30 F.R. 14773, Nov. 30, 1965, as amended at 31 F.R. 5118, Mar. 30, 1966; 32 F.R. 852; Jan. 25, 1967; 32 F.R. 9824, July 4, 1967; 32 F.R.

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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, the approved petition will be retained by the Service for consideration in connection with that application.

[30 F.R. 14775, Nov. 30, 1965]

§ 204.4 Validity of approved petitions.

(a) Relative petitions. The approval of a petition to classify an alien as a preference immigrant under section 203 (a) (1), (2), (4), or (5) of the Act, or as an immediate relative under section 201(b) of the Act, shall remain valid for the duration of the relationship to the petitioner, and status, as established in the petition.

(b) Petitions under sections 203 (a) (3) and (6). The approval of a petition to classify an alien as a preference immigrant under section 203(a) (3) or (6) of the Act shall remain valid for as long as the supporting labor certification is valid and unexpired, provided in the case of a petition for third preference classification there is no change in the beneficiary's intention to engage in the indicated profession, art or science, and provided in the case of a petition for sixth preference classification there is no change in the respective intentions of the petitioner and the beneficiary that the beneficiary will be employed by the petitioner in the capacity indicated in the petition. The approval of a petition to classify an alien under section 203(a) (3) or (6) which had heretofore become invalid solely because the date until which the approval was valid had lapsed, is hereby reinstated provided the conditions of this paragraph are met.

(c) Subsequent petition by same petitioner for same beneficiary. When a visa petition has been approved, and subsequently a new petition by the same petitioner is approved for the same pref

erence classification in behalf of the same beneficiary, the latter approval shall be regarded as a reaffirmation or reinstatement of the validity of the original petition.

(d) Revocation. The validity of any petition under this section may be revoked pursuant to the provisions of Part 205 of this chapter prior to the time limitations set forth herein.

[35 F.R. 7284, May 9, 1970, as amended at 36 F.R. 5836, Mar. 30, 1971; 36 F.R. 11635, June 17, 1971]

§ 204.5

Automatic conversion of classifi. cation of beneficiary.

(a) By change in beneficiary's marital status. (1) A Currently valid petition shall be regarded as approved for preference status under section 203 (a) (4) of the Act as of the date the beneficiary marries, if that petition had been approved previously to classify the child of a U.S. citizen as an immediate relative under section 201(b) of the Act and the beneficiary is not a native of an independent country of the Western Hemisphere or the Canal Zone, or if that petition had been approved previously to classify the beneficiary as the unmarried son or daughter of a U.S. citizen under section 203(a)(1) of the Act.

(2) A currently valid petition classifying the married son or married daughter of a U.S. citizen for preference status under section 203(a) (4) of the Act shall, upon the presentation of satisfactory evidence of the legal termination of the beneficiary's marriage, be regarded as approved for preference status under section 203 (a) (1) of the Act or, if the beneficiary is under 21 years of age, for status as an immediate relative under section 201(b) of the Act, as of the date of termination of the marriage.

(b) By beneficiary's attainment of the age of 21 years. A currently valid petition, classifying the child of a U.S. citizen as an immediate relative under section 201(b) of the Act shall, if the beneficiary is still unmarried and is not a native of an independent country of the Western Hemisphere or the Canal Zone, be regarded as approved for preference status under section 203(a)(1) of the Act as of the beneficiary's attainment of his 21st birthday.

(c) By petitioner's naturalization. Effective upon the date of naturalization of a petitioner who had been lawfully admitted for permanent residence, a cur

rently valid petition according preference status under section 203 (a) (2) of the Act to the petitioner's spouse, unmarried son, or unmarried daughter, shall be regarded as approved to accord status as an immediate relative under section 201(b) of the Act to the spouse, and unmarried son or unmarried daughter who is under 21 years of age, and to accord preference status under section 203(a)(1) of the Act to the unmarried son or unmarried daughter who is 21 years of age or older.

[30 F.R. 14775, Nov. 30, 1965, as amended at 36 F.R. 2861, Feb. 11, 1971]

§ 204.6 Effect of changed employment on priority date for sixth preference classification.

When a new petition by another employer is approved in behalf of the beneficiary of a previously approved sixthpreference petition, and the beneficiary has accepted or intends to accept employment with the new petitioner, the beneficiary shall no longer be entitled to a priority date as of the date of filing of the original petition. Instead, his priority date shall be the date of filing of the subsequently approved petition for sixth preference classification. However, the original priority date shall be restored if the beneficiary returns to the original petitioner's employment or establishes that he intends upon arrival in the United States to be employed by the original employer as specified in the original petition, and that petition is still valid.

[32 F.R. 9624, July 4, 1967, as amended at 36 F.R. 5836, Mar. 30, 1971]

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revoked as of the date of approval if any of the following circumstances occur before the beneficiary's journey to the U.S. commences or, if the beneficiary is an applicant for adjustment of status to that of permanent resident, before the decision on his application becomes final:

(a) Relative petitions. (1) Upon formal notice of withdrawal filed by the petitioner with the officer who approved the petition.

(2) Upon the death of the petitioner or beneficiary.

(3) Upon the legal termination of the relationship of husband and wife when a petition has accorded status as the spouse of a citizen or lawful resident alien, respectively, under section 201(b), or section 203(a) (2) of the Act.

(4) Upon a child beneficiary reaching the age of 21, when he has been accorded immediate relative status under section 201(b); however, except for a native of an independent country of the Western Hemisphere or the Canal Zone, such petition is valid to accord status under section 203(a) (1) of the Act if the beneficiary remains unmarried or if he marries, such petition is valid to accord status under section 203 (a) (4) of the Act for the duration of the relationship.

(5) Upon the marriage of a beneficiary accorded status as the child of a U.S. citizen under section 201(b) of the Act or status as a son or daughter of a U.S. citizen under section 203 (a)(1) of the Act; however, except for a native of an independent country of the Western Hemisphere or the Canal Zone who had been accorded status under section 201 (b), the petition is valid to accord status under section 203 (a) (4) of the Act for the duration of the relationship.

(6) Upon the marriage of a beneficiary accorded a status as a son or daughter of a lawful resident alien under section 203(a)(2) of the Act.

(b) Petitions under section 203(a) (3) or (6). (1) Upon expiration pursuant to 29 CFR Part 60 of the labor certification in support of the petition unless the certification is thereafer revalidated. (2) Upon the death of the petitioner or beneficiary.

(3) Upon formal notice of withdrawal filed by the beneficiary with the officer who approved the petition in a thirdpreference case.

(4) Upon formal notice of withdrawal filed by the petitioner with the officer

who approved the petition in a sixthpreference case.

(5) Upon termination of the employer's business in a sixth-preference

case.

(c) [Reserved]

(d) Notice. When it shall appear to a district director that the approval of a petition has been automatically revoked, he shall cause a notice of such revocation to be sent promptly to the consular office having jurisdiction over the visa application and a copy of such notice to be mailed to the petitioner's last known address.

[30 F.R. 14775, Nov. 30, 1965, as amended at 32 F.R. 6260, Apr. 21, 1967; 35 F.R. 7285, May 9, 1970; 36 F.R. 2861, Feb. 11, 1971; 36 F.R. 5836, Mar. 30, 1971]

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Revocation of approval of a petition under $205.2 shall be made only upon notice to the petitioner who shall be given an opportunity to offer evidence in support of the petition and in opposition to the grounds alleged for revocation of the approval. If upon reconsideration the approval previously granted is revoked, the petitioner shall be informed of the decision with the reasons therefor and shall have 15 days after the service of the notification of decision within which to appeal as provided in Part 3 of this chapter, if the petition was filed for a preference under paragraph (1), (2), (4), or (5) of section 203 (a) of the Act, or for an immediate relative as defined in section 201(b) of the Act other than a child as defined in section 101(b) (1) (F) of the Act, or as provided in Part 103 of this chapter, if the petition was filed for a preference under paragraph (3) or (6) of section 203 (a) of the Act, or for a child as defined in section 101(b) (1) (F) of the Act, and the consular office having jurisdiction over the visa application shall be notified of the revocation. [37 F.R. 11470, June 8, 1972]

PART 211-DOCUMENTARY RE

QUIREMENTS: WAIVERS

Sec.

211.1 Visas.

Passports.

211.2 211.3

211.4

IMMIGRANTS;

Expiration of immigrant visas, reentry permits, and Forms I-151. Inapplicability of section 212(a) (24). to certain immigrants.

211.5 Recording the entry of certain immigrant children admitted without. immigrant visas.

AUTHORITY: The provisions of this Part 211 issued under secs. 101, 103, 211, 212, 223, 235, 247, 66 Stat. 166, as amended, 173, 181, 182, as amended, 194, 198, 218; 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257.

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(a) General. A valid unexpired immigrant visa shall be presented by each arriving immigrant alien applying for admission to the United States for lawful permanent residence, except an immigrant alien who: (1) Is a child born subsequent to the issuance of an immigrant visa to his accompanying parent and applies for admission during the validity of such a visa; or (2) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided the child's application for admission to the United States is made within 2 years of his birth, the child is accompanied by his parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is. found to be admissible to the United States.

(b) Aliens returning to an unrelinquished lawful permanent residence(1) Form I-151, Alien Registration Receipt Card. In lieu of an immigrant visa, an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year may present Form I-151, Alien Registration Receipt Card, duly issued to him: Provided, That during such absence he did not travel to, in, or through any of the following places: Cuba and Communist portions of Korea or Viet-Nam, and, except for children who have not. attained the age of 16 at the time they apply for admission into the United States, Albania, Bulgaria, Czechoslova

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