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Monterrey, Mexico; Nairobi, Kenya; the Commissioner and the Deputy New Delhi, India; Seoul, Korea; Singa- Commissioner on other issues which pore, Republic of Singapore; Tijuana, cross program lines or bear inter-agenMexico; Port-au-Prince, Haiti; Karachi, cy implications. The Executive AssoPakistan; and such other overseas sub- ciate Commissioner also serves as liaioffices as the Service may establish in son with, and representative of, the the future, are delegated authority to rvice to other organizations engaged perform the following functions:
in policy development in matters af(A) Authorize waivers of grounds of fecting the mission of the Service, reexcludability under sections 212 (h) and search and statistics, and the exchange (i) of the Act;
of statistical, scientific, technological (B) Adjudicate applications for per- data and research. mission to reapply for admission to the (i) Erecutive Associate Commissioner for United States after deportation or re- Management-(1) General. Under the dimoval, if filed by an applicant for an rection and supervision of the Deputy immigrant visa in conjunction with an Commissioner, the Executive Associate application for waiver of grounds of ex- Commissioner for Management is delecludability under section 212 (h) or (i) gated authority to plan, direct, and of the Act, or if filed by an applicant manage all aspects of the administrafor a nonimmigrant visa under section tion of the Service. The delegation in101(a)(15)(K) of the Act;
cludes the authority to develop and (C) Approve or deny visa petitions for promulgate administrative policies and any relative;
programs for all financial, human re(D) Approve recommendations made source, administrative, and informaby consular officers for waiver of tion resource matters of the Service. grounds of excludability in behalf of The Executive Associate Commissioner nonimmigrant visa applicants under for Management is delegated the ausection 212(d)(3) of the Act and concur thority to settle tort claims of $25,000 in proposed waivers by consular offi- or less than 28 U.S.C. 2672, and to comcers of the requirement of visa or pass- promise, suspend, or terminate collecport by a nonimmigrant on the basis of tion of claims of the United States not unforeseen emergency in cases in exceeding $100,000 (exclusive of interwhich the Department of State had del- est) under 31 U.S.C. 3711. The Executive egated recommending power to the Associate Commissioner for Manageconsular officers;
ment supervises the Directors of Secu(E) Exercise discretion to grant or rity, Equal Employment Opportunity, deny applications for the benefits set and Files and Forms Management, the forth in sections 211 and 212(c) of the Associate Commissioner for Human ReAct;
sources and Administration, the Asso(F) Process Form I-90 applications ciate Commissioner for Finance, the and deliver duplicate Forms I-551;
Associate Commissioner for Informa(G) Process Form N-565 applications tion Resources Management, and the and deliver certificates issued there- Directors, Administrative Centers. under; and
(2) Director of Security. Under the di(H) Grant or deny applications of rection and supervision of the Execualiens seeking classification as refu- tive Associate Commissioner for Mangees under section 207 of the Act.
agement, the Director of the Office of (h) Executive Associate Commissioner Security is delegated authority to defor Policy and Planning. Under the di- velop policy, plan, direct, and coordirection and supervision of the Deputy nate the Service's security program. Commissioner, the Executive Associate The Security program includes the apCommissioner for Policy and Planning plication of safeguards in program is delegated the authority to oversee areas of personnel security, physical the development and coordination of security, information and document selong-range planning activities, and pol- curity, automated data processing and icy formulation, codification, and dis- telecommunications security, and consemination within the Agency. The Ex- tingency planning related to threat, ecutive Associate Commissioner is also loss, or other serious emergency in any responsible for informing and advising of these areas.
(3) Director of Equal Employment Opportunity. Under the direction and supervision of the Executive Associate Commissioner for Management, the Director of Equal Employment Opportunity is delegated authority to develop policies and to implement and direct the Service's programs relating to equal employment opportunity for all employees and applicants. The Director is responsible for the Service's efforts to comply with provisions of the Civil Rights Act of 1964 and Department of Justice programs and directives affecting discrimination in employment. The Director supervises, coordinates, directs, and evaluates the affirmative employment and discrimination complaint program of the Service.
(4) Director of Files and Forms Management. Under the direction and supervision of the Executive Associate Commissioner for Management, the Director of Files and Forms Management is delegated authority to develop policies, plan, coordinate, evaluate, counsel, and direct the Service's National Records Center, Forms Center, SAVE Program, centralized FOIA/PA, records policy, and correspondence files programs.
(5) Associate Commissioner for Human Resources and Administration. Under the direction and supervision of the Executive Associate Commissioner for Management, the Associate Commissioner for Human Resources and Administration is delegated authority to develop policies, plan, develop coordinate, evaluate, counsel, and direct the personnel, career development, contracting, engineering, facility, and administrative programs of the Service. The Associate Commissioner for Human Resources and Administration provides direction to, and supervision of, the:
(i) Assistant Commissioner for Human Resources and Development; and
(ii) Assistant Commissioner for Administration.
(6) Associate Commissioner for Finance. Under the direction and supervision of the Executive Associate Commissioner for Management, the Associate Commissioner for Finance is delegated authority to develop policies, plan, develop, coordinate, evaluate, counsel, and direct the Service's resource re
quirements and utilization. The Associate Commissioner for Finance is responsible for all aspects of financial management, including budgeting, reporting, internal controls, and analysis. The Associate Commissioner for Finance is responsible for the presentation of internal reports to management, the preparation of external reports and certifications required by statute or regulation, and the representation of the Service before the Congress, and agencies of the Executive Branch on matters related to financial activities. The Associate Commissioner for Finance is also delegated authority to settle claims of $10,000 or less under 28 U.S.C. 2672 and to compromise, suspend, or terminate collection of claims of the United States not exceeding $50,000 (exclusive of interest) under 31 U.S.C. 3711. The Associate Commissioner for Finance provides direction to, and supervision of, the:
(i) Associate Commissioner for Budget; and (ii) Assistant Commissioner for Financial Management.
(7) Associate Commissioner for Information Resources Management. Under the direction and supervision of the Executive Associate Commissioner for Management, the Associate Commissioner for Information Resources Management is delegated authority to develop policies, plan, develop, coordinate, evaluate, counsel, manage and direct the Service's Automated Data Processing, Telecommunication, Radio, and Electronic programs. The Associate Commissioner for Information Resources Management provides direction to, and supervision of, the:
(i) Assistant Commissioner for Data Systems; and
(ii) Assistant Commissioner for Systems Integration.
(8) Directors of Administrative Centers. Under the direction and supervision of the Executive Associate Commissioner for Management, the directors are delegated authority over the human resources, administrative, information resource, security, and financial activities of the Service within their respective area of responsibility. They are also delegated the authority to: (i) Settle tort claims of $10,000 or less under 28 U.S.C. 2672; and
(ii) Compromise, suspend, or terminate collection of claims of the United States not exceeding $50,000 (exclusive of interest) under 31 U.S.C. 3711.
(j) Immigration Officer. Any immigration officer, immigration inspector, immigration examiner, adjudications officers, Border Patrol agent, aircraft pilot, airplane pilot, helicopter pilot, deportation officer, detention enforcement officer, detention guard, investigator, special agent, investigative assistant, intelligence officer, intelligence agent, general attorney, applications adjudicator, contact representative, chief legalization officer, supervisory legalization officer, legalization adjudicator, legalization officer and legalization assistant, forensic document analyst, fingerprint specialist, immigration information officer, immigration agent (investigations), asylum officer, or senior or supervisory officer of such employees is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specified by the Act and this chapter. (59 FR 60070, Nov. 22, 1994, as amended at 61 FR 13072, Mar. 26, 1996; 61 FR 28010, June 4, 1996; 62 FR 9074, Feb. 28, 1997; 62 FR 10336, Mar. 6, 1997; 63 FR 12984, Mar. 17, 1998; 63 FR 63595, Nov. 16, 1998; 63 FR 67724, Dec. 8, 1998; 64 FR 27875, May 21, 1999)
fees are non-refundable and, except as otherwise provided in this chapter, must be paid when the application is filed.
(2) Signature. An applicant or petitioner must sign his or her application or petition. However, a parent or legal guardian may sign for a person who is less than 14 years old. A legal guardian may sign for a mentally incompetent person. By signing the application or petition, the applicant or petitioner, or parent or guardian certifies under penalty of perjury that the application or petition, and all evidence submitted with it, either at the time of filing or thereafter, is true and correct.
(3) Representation. An applicant or petitioner may be represented by an attorney in the United States, as defined in $1.1(f) of this chapter, by an attorney outside the United States as defined in $ 292.1(a)(6) of this chapter, or by an accredited representative as defined in $292.1(a)(4) of this chapter. A beneficiary of a petition is not a recognized party in such a proceeding. An application or petition presented in person by someone who is not the applicant or petitioner, or his or her representative as defined in this paragraph, shall be treated as if received through the mail, and the person advised that the applicant or petitioner, and his or her representative, will be notified of the decision. Where a notice of representation is submitted that is not properly signed, the application or petition will be processed as if the notice had not been submitted.
(4) Oath. Any required oath may be administered by an immigration officer or person generally authorized to administer oaths, including persons so authorized by Article 136 of the Uniform Code of Military Justice.
(5) Translation of name. If a document has been executed in an anglicized version of a name, the native form of the name may also be required.
(6) Where to file. Except as otherwise provided in this chapter, an application or petition should be filed with the INS office or Service Center with jurisdiction over the application or petition and the place of residence of the applicant or petitioner as indicated in the instructions with the respective form.
$103.2 Applications, petitions, and
other documents. (a) Filing—1) General. Every application, petition, appeal, motion, request, or other document submitted on the form prescribed by this chapter shall be executed and filed in accordance with the instructions on the form, such instructions (including where an application or petition should be filed) being hereby incorporated into the particular section of the regulations in this chapter requiring its submission. The form must be filed with the appropriate filing fee required by $ 103.7. Except as exempted by paragraph (e) of this section, forms which require an applicant, petitioner, sponsor, beneficiary, or other individual to complete Form FD258, Applicant Card, must also be filed with the service fee for fingerprinting, as required by $103.7(b)(1), for each individual who requires fingerprinting. Filing fees and fingerprinting service
(7) Receipt date–(i) General. An appli- instructions on the form. Any evidence cation or petition received in a Service submitted is considered part of the reoffice shall be stamped to show the lating application or petition. time and date of actual receipt and, un- (2) Submitting secondary evidence and less otherwise specified in part 204 or affidavits—(i) General. The non-existpart 245 of this chapter, shall be re- ence or other unavailability of required garded properly filed when evidence creates a presumption of instamped, if it is properly signed and ex- eligibility. If a required document, ecuted and the required filing fee is at- such as a birth or marriage certificate, tached or a waiver of the filing fee is does not exist or cannot be obtained, granted. An application or petition an applicant or petitioner must demwhich is not properly signed or is sub- onstrate this and submit secondary mitted with the wrong filing fee shall evidence, such as church or school be rejected as improperly filed. Re- records, pertinent to the facts at issue. jected applications and petitions, and If secondary evidence also does not ones in which the check or other finan- exist or cannot be obtained, the applicial instrument used to pay the filing cant or petitioner must demonstrate fee is subsequently returned as non- the unavailability of both the required payable will not retain a filing date. document and relevant secondary eviAn application or petition taken to a dence, and submit two or more affidalocal Service office for the completion vits, sworn to or affirmed by persons of biometric information prior to filing who are not parties to the petition who at a Service Center shall be considered have direct personal knowledge of the received when physically received at a event and circumstances. Secondary Service Center.
evidence must overcome the unavail(ii) Non-payment. If a check or other ability of primary evidence, and affidafinancial instrument used to pay a fil- vits must overcome the unavailability ing fee is subsequently returned as not of both primary and secondary evipayable, the remitter shall be notified dence. and requested to pay the filing fee and (ii) Demonstrating that a record is not associated service charge within 14 cal- available. Where a record does not endar days, without extension. If the exist, the applicant or petitioner must application or petition is pending and submit an original written statement these charges are not paid within 14 on government letterhead establishing days, the application or petition shall this from the relevant government or be rejected as improperly filed. If the other authority. The statement must application or petition was already ap- indicate the reason the record does not proved, and these charges are not paid, exist, and indicate whether similar the approval shall be automatically re- records for the time and place are voked because it was improperly field. available. However, a certification If the application or petition was al- from an appropriate foreign governready denied, revoked, or abandoned, ment that a document does not exist is that decision will not be affected by not required where the Department of the non-payment of the filing State's Foreign Affairs Manual indifingerprinting fee. New fees will be re- cates this type of document generally quired with any new application or pe- does not exist. An applicant or petitition. Any fee and service charges col- tioner who has not been able to acquire lected as the result of collection activi- the necessary document or statement ties or legal action on the prior appli- from the relevant foreign authority cation or petition shall be used to may submit evidence that repeated cover the cost of the previous rejec- good faith attempts were made to obtion, revocation, or other action.
tain the required document or state(b) Evidence and processing—(1) Gen- ment. However, where the Service finds eral. An applicant or petitioner must that such documents or statements are establish eligibility for a requested im- generally available, it may require migration benefit. An application or that the applicant or petitioner submit petition form must be completed as ap- the required document or statement. plicable and filed with any initial evi- (iii) Evidence provided with a self-petidence required by regulation or by the tion filed by a spouse or child of abusive
citizen or resident. The Service will consider any credible evidence relevant to a self-petition filed by a qualified spouse or child of an abusive citizen or lawful permanent resident under section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the Act. The self-petitioner may, but is not required to, demonstrate that preferred primary or secondary evidence is unavailable. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Service.
(3) Translations. Any document containing foreign language submitted to the Service shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.
(4) Submitting copies of documents. Application and petition forms must be submitted in the original. Forms and documents issued to support an application or petition, such as labor certifications, Form IAP-66, medical examinations, affidavits, formal consultations, and other statements, must be submitted in the original unless previously filed with the Service. When submission is required, expired Service documents must be submitted in the original, as must Service documents required to be annotated to indicate the decision. In all other instances, unless the relevant regulations or instructions specifically require that an original document be filed with an application or petition, an ordinary legible photocopy may be submitted. Original documents submitted when not required will remain a part of the record, even if the submission was not required.
(5) Request for an original document. Where a copy of a document is submitted with an application or petition, the Service may at any time require that the original document be submitted for review. If the requested original, other than one issued by the Service, is not submitted within 12 weeks, the petition or application shall be denied or revoked. There shall be no appeal from a denial or revocation based on the failure to submit an origi
nal document upon the request of the Service to substantiate a previously submitted copy. Further, an applicant or petitioner may not move to reopen or reconsider the proceeding based on the subsequent availability of the document. An original document submitted pursuant to a Service request shall be returned to the petitioner or applicant when no longer required.
(6) Withdrawal. An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by the Service or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.
(7) Testimony. The Service may require the taking of testimony, and may direct any necessary investigation. When a statement is taken from and signed by a person, he or she shall, upon request, be given a copy without fee. Any allegations made subsequent to filing an application or petition which are in addition to, or in substitution for, those originally made, shall be filed in the same manner as the original application, petition, or document, and acknowledged under oath thereon.
(8) Request for evidence. If there is evidence of ineligibility in the record, an application or petition shall be denied on that basis notwithstanding any lack of required initial evidence. If the application or petition was pre-screened by the Service prior to filing and was filed even though the applicant or petitioner was informed that the required initial evidence was missing, the application or petition shall be denied for failure to contain the necessary evidence. Except as otherwise provided in this chapter, in other instances where there is no evidence of ineligibility, and initial evidence or eligibility information is missing or the Service finds that the evidence submitted either does not fully establish eligibility for the requested benefit or raises underlying questions regarding eligibility, the Service shall request the missing initial evidence, and may request additional evidence, including blood tests.