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empted from disclosure pursuant to 5 U.S.C. 552a (j) or (k). (40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June 1, 1993)
the appropriate agency or other component for classification review and processing. Only with the consent of the responsible agency or component, may the requester be informed of the referral as specified in section 3.4(f) of E.O. 12356.
(b) Medical records. When an individual requests medical records concerning himself, which are not otherwise exempt from disclosure, the responsible official specified in $ 103.10(a) of this part shall, if deemed necessary, advise the individual that records will be provided only to a physician designated in writing by the individual. Upon receipt of the designation, the responsible official as specified in § 103.10(a) of this part will permit the physician to review the records or to receive copies of the records by mail, upon proper verification of identity. The determination of which records should be made available directly to the individual and which records should not be disclosed because of possible harm to the individual shall be made by the physician.
8 103.25 Notice of
decisions; time limits. (a) Responsibility for notice. The responsible official specified in $ 103.10(a) of this part has responsibility for determining whether access to records is available under the Privacy Act and for notifying the individual of that determination in accordance with these regulations. If access is denied because of an exemption, the responsible person shall notify the individual that he may appeal that determination to the Deputy Attorney General within thirty working days of the receipt of the determination.
(b) Time limits for access determinations. The time limits provided by 28 CFR 16.1(d) shall be applicable to requests for access to information pursuant to the Privacy Act of 1974. [40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June 1, 1993)
(40 FR 44481, Sept. 26, 1975, as amended at 48 FR 49653, Oct. 27, 1983; 58 FR 31149, 31150, June, 1, 1993)
8 103.26 Fees for copies of records.
The fees charged by the Service under the Privacy Act shall be those specified in 28 CFR 16.47. Remittances shall be made in accordance with § 103.7(a) of this part. (40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June 1, 1993)
8 103.27 Appeals from denials of ac
An individual who has been denied access by the Service to the records concerning him may appeal that decision in the manner prescribed in 28 CFR 16.48.
$ 103.24 Requests for accounting of
record disclosure. At the time of his request for access or correction or at any other time, an individual may request an accounting of disclosures made of his record outside the Department of Justice. Requests for accounting shall be directed to the appropriate responsible official as specified in § 103.10(a) of this part listed in the “Notice of Systems of Records”. Any available accounting, whether kept in accordance with the requirements of the Privacy Act or under procedures established prior to September 27, 1975, shall be made available to the individual except that an accounting need not be made available if it relates to: (a) A disclosure with respect to which no accounting need be kept (see $ 103.30(c) of this part); (b) A disclosure made to a law enforcement agency pursuant to 5 U.S.C. 552a(b)(7); (c) An accounting which has been ex
(40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June 1, 1993)
8 103.28 Requests for correction of
records. (a) How made. A request for amendment or correction is made by the individual concerned, either in person or by mail, by addressing the written request to the FOIA/PA Officer at the location where the record is maintained. The requester's identity must be established as provided in g 103.21 of this
giving reasons for refusing to correct shall be included in the file.
[40 FR 44481, Sept. 26, 1975, as amended at 48 FR 49653, Oct. 27, 1983; 48 FR 51431, Nov. 9, 1983; 58 FR 31150, June, 1, 1993)
8 103.29 Records not subject to correc
tion. The following records are not subject to correction or amendment by individuals:
(a) Transcripts or written statements made under oath;
(b) Transcripts of Grand Jury Proceedings, judicial or quasi-judicial proceedings which form the official record of those proceedings;
(c) Pre-sentence reports comprising the property of the courts but maintained in Service files; and
(d) Records duly exempted from correction by notice published in the FEDERAL REGISTER.
part. The request must indicate the particular record involved, the nature of the correction sought, and the justification. A request made by mail should be addressed to the FOIA/PA Officer at the location where the system of records is maintained and the request and envelope must be clearly marked “Privacy Correction Request.” Where the requester cannot determine the precise location of the system of records or believes that the same record appears in more than one system, the request may be addressed to the Headquarters FOIA/PA Officer, Immigration and Naturalization Service, 425 I Street, NW., Washington, DC 20536. That officer will assist the requester in identifying the location of the records.
(b) Initial determination. Within 10 working days of the receipt of the request, the appropriate Service official shall advise the requester that the request has been received. If a correction is to be made, the requester shall be advised of the right to obtain a copy of the corrected record upon payment of the standard fee, established in 28 CFR 16.47. If a correction or amendment is refused, in whole or in part, the requester shall be given the reasons and advised of the right to appeal to the Assistant Attorney General under 28 CFR 16.50.
(c) Appeals. A refusal, in whole or in part, to amend or correct a record may be appealed as provided in 28 CFR 16.50.
(d) Appeal determinations. 28 CFR 16.50 provides for appeal determinations.
(e) Statements of disagreement. Statements of disagreement may be furnished by the individual in the manner prescribed in 28 CFR 16.50.
(f) Notices of correction or disagreement. When a record has been corrected, the responsible official specified in 8 103.10(a) of this part shall, within thirty working days thereof, advise all prior recipients of the record whose identity can be determined pursuant to the accounting required by the Privacy Act or any other accounting previously made, of the correction. Any dissemination of a record after the filing of a statement of disagreement shall be accompanied by a copy of that statement. Any statement of the Service
8 103.30 Accounting for disclosures.
(a) An accounting of each disclosure of information for which accounting is required (see 103.24 of this part) shall be attached to the relating record. A copy of Form G-658, Record of Information Disclosure (Privacy Act), or other disclosure document shall be used for this accounting. The responsible official as specified in $103.10(a) of this part shall advise the requester, promptly upon request as described in $ 103.24, of the persons or agencies outside the Department of Justice to which records concerning the requester have been disclosed.
(b) Accounting records, at a minimum, shall include the identification of the particular record disclosed, the name and address of the person or agency to which disclosed, and the date of the disclosure. Accounting records shall be maintained for at least 5 years, or until the record is destroyed or transferred to the Archives, whichever is later.
(c) Accounting is not required to be kept for disclosures made within the Department of Justice or disclosures made pursuant to the Freedom of Information Act. [40 FR 44481, Sept. 26, 1975, as amended at 48 FR 49653, Oct. 27, 1983; 58 FR 31150, June, 1, 1993)
8 103.31 Notices of subpoenas and $ 103.33 Contracting record systems. emergency disclosures.
Any contract by the Service for the (a) Subpoenas. When records con- operation of a record system shall be in cerning an individual are subpoenaed compliance with 28 CFR 16.55. by a Grand Jury, court, or a quasi
(40 FR 44481, Sept. 26, 1975, as amended at 58 judicial agency, the official served with
FR 31150, June 1, 1993) the subpoena shall be responsible for assuring that notice of its issuance is 8 103.34 Security of records systems. provided to the individual. Notice shall The security of records systems shall be provided within 10 days of the serv- be in accordance with 28 CFR 16.54. ice of the subpoena or, in the case of a Grand Jury subpoena, within 10 days of
8 103.35 Use and collection of Social its becoming a matter of public record.
Security numbers. Notice shall be mailed to the last The use and collection of Social Seknown address of the individual and
curity numbers shall be in accordance shall contain the following informa
with 28 CFR 16.56. tion: The date the subpoena is return- (40 FR 44481, Sept. 26, 1975, as amended at 58 able, the court in which it is return- FR 31150, June 1, 1993) able, the name and number of the case or proceeding, and the nature of the in
8 103.36 Employee standards of con
duct with regard to privacy. formation sought. Notice of the issuance of subpoenas is not required if
Service employee standards of conthe system of records has been exempt
duct with regard to privacy shall be in ed from the notice requirement pursu
compliance with 28 CFR 16.57. ant to 5 U.S.C. 552a(j), by a Notice of [40 FR 44481, Sept. 26, 1975, as amended at 58 Exemption published in the FEDERAL FR 31150, June 1, 1993) REGISTER. (b) Emergency disclosures. If informa
PART 109 [RESERVED] tion concerning an individual has been disclosed to any person under compel- PART 204—IMMIGRANT PETITIONS ling circumstances affecting health or safety, the individual shall be notified Sec. at his last known address within 10 204.1 General information about immediate working days of the disclosure. Notifi
relative and family-sponsored petitions.
204.2 Petitions for relatives, widows and cation shall include the following in
widowers, and abused spouses and chilformation: The nature of the informa
dren. tion disclosed, the person or agency to 204.3 Orphans. whom it was disclosed, the date of the 204.4 Amerasian child of a United States disclosure, and the compelling cir
citizen. cumstances justifying the disclosure.
204.5 Petitions for employment-based immi
grants. Notification shall be given by the offi
204.6 Petitions for employment creation cer who made or authorized the disclo- aliens. sure.
204.7 Preservation of benefits contained in
savings clause of Immigration and Na8 103.32 Information forms.
tionality Act Amendments of 1976.
204.8 Petitions for employees of certain (a) Review of forms. The Service shall
United States businesses operating in be responsible for the review of forms
Hong Kong. it uses to collect information from and 204.9 Special immigrant status for certain about individuals.
aliens who have served honorably (or are (b) Scope of review. The Service Forms
enlisted to serve) in the Armed Forces of
the United States for at least 12 years. Control Unit shall review each form to
204.10 Petitions by, or for, certain scientists assure that it complies with the re- of the Commonwealth of Independent quirements of 28 CFR 16.52.
States or the Baltic states.
204.11 Special immigrant status for certain
aliens declared dependent on a juvenile
court (special immigrant juvenile). AUTHORITY: U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a, 1255, 1641; 8 CFR part 2.
8 204.1 General information about im
mediate relative and family-spon.
sored petitions. (a) Types of petitions. Petitions may be filed for an alien's classification as an immediate relative under section 201(b) of the Act or as a preference immigrant under section 203(a) of the Act based on a qualifying relationship to a citizen or lawful permanent resident of the United States, as follows:
(1) A citizen or lawful permanent resident of the United States petitioning under section 204(a)(1)(A)(i) or 204(a)(1)(B)(i) of the Act for a qualifying relative's classification as an immediate relative under section 201(b) of the Act or as a preference immigrant under section 203(a) of the Act must file a Form 1–130, Petition for Alien Relative. These petitions are described in 8 204.2;
(2) A widow or widower of a United States citizen self-petitioning under section 204(a)(1)(A)(ii) of the Act as an immediate relative under section 201(b) of the Act must file a Form I-360, Petition for Amerasian, Widow, or Special Immigrant. These petitions are described in 9 204.2;
(3) A spouse or child of an abusive citizen or lawful permanent resident of the United States self-petitioning under section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), 204(a)(1)(B)(iii) of the Act for classification as an immediate relative under section 201(b) of the Act or as a preference immigrant under section 203(a) of the Act must file a Form I-360, Petition for Amerasian, Widow, or Special Immigrant. These petitions are described in 8 204.2;
(4) A citizen of the United States seeking advanced processing of an orphan petition must file Form 1-600A, Application for Advanced Processing of Orphan Petition. A citizen of the United States petitioning under section 204(a)(1)(A)(i) of the Act for classification of an orphan described in section 101(b)(1)(F) of the Act as an immediate relative under section 201(b) of
the Act must file Form I-600, Petition to Classify Orphan as an Immediate Relative. These applications and petitions are described in 8 204.3; and
(5) Any person filing a petition under section 204(f) of the Act as, or on behalf of, an Amerasian for classification as an immediate relative under section 201(b) of the Act or as a preference immigrant under section 203(a)(1) 203(a)(3) of the Act must file a Form I360, Petition for Amerasian, Widow, or Special Immigrant. These petitions are described in 8 204.4.
(b) Filing fee. Forms 1-130 and 1-360 must be accompanied by the appropriate fee under 8 CFR 103.7(b)(1).
(c) Filing date. The filing date of a petition shall be the date it is properly filed under paragraph (d) of this section and shall constitute the priority date.
(d) Proper filing. A petition shall be considered properly filed if:
(1) It is signed by the petitioner, and
(2) A fee has been received by the Service office or United States Consular office having jurisdiction.
(3) If, during normal processing, a delay results from deficiencies in the initial filing, the priority date will be established only when the petition is properly signed by the petitioner and the fee has been collected by the Service. If questions arise concerning the filing of the petition which cannot be resolved through a check of the Service fee receipting system (FARES) or other fee collection system, then the director may consider the date of receipt of the petition to be the priority date.
(e) Jurisdiction (1) Petitioner or selfpetitioner residing in the United States. The petition or self-petition must be filed with the Service office having jurisdiction over the place where the petitioner or self-petitioner is residing. When the petition or self-petition is accompanied by an application for adjustment of status, the petition or selfpetition may be filed with the Service office having jurisdiction over the beneficiary's or self-petitioner's place of residence.
(2) Petitioner residing in certain countries abroad. The Service has overseas offices located in Vienna, Austria; Frankfurt, Germany; Athens, Greece; Hong Kong; New Delhi, India; Rome, Italy; Nairobi, Kenya; Seoul, Korea;
Ciudad Juarez, Mexico
City, Monterrey, Guadalajara, and Tijuana, Mexico; Manila, the Philippines; Singapore; Bangkok, Thailand; and London, the United Kingdom of Great Britain and Northern Ireland. If the petitioner resides in one of these countries, the petition must be filed with the Service office located in that country. The beneficiary does not have to reside in the same jurisdiction as the petitioner for the Service to accept the petition. The overseas Service officer may accept and adjudicate a petition filed by a petitioner who does not reside within the office's jurisdiction when it is established that emergent or humanitarian reasons for acceptance exist or when it is in the national interest. An overseas Service officer may not accept or approve a self-petition filed by the spouse or child of an abusive citizen or lawful permanent resident of the United States under section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), 204(a)(1)(B)(iii) of the Act. These selfpetitions must be filed with the Service office in the United States having jurisdiction
the self-petitioner's place of residence in the United States.
(3) Jurisdiction assumed by United States consular officer. United States consular officers assigned to visaissuing posts abroad, except those in countries listed in paragraph (e)(2) of this section, are authorized to accept and approve a relative petition or a petition filed by a widow or widower if the petitioner resides in the area over which the post has jurisdiction, regardless of the beneficiary's residence or physical presence at the time of filing. In emergent or humanitarian cases and cases in the national interest, the United States consular officer may accept a petition filed by a petitioner who does not reside within the consulate's jurisdiction. While consular officers are authorized to approve petitions, they must refer any petition which is not clearly approvable to the appropriate Service office. Consular officers may consult with the appropriate Service office abroad prior to stateside referral, if they deem it necessary. A consular official may not accept or approve a self-petition filed by the spouse or child of an abusive citizen or lawful permanent resident of
the United States 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. These self-petitions must be filed with the Service office in the United States having jurisdiction over the self-petitioner's place of residence in the United States.
(f) Supporting documentation. (1) Documentary evidence consists of those documents which establish the United States citizenship or lawful permanent resident status of the petitioner and the claimed relationship of the petitioner to the beneficiary. They must be in the form of primary evidence, if available. When it is established that primary evidence is not available, secondary evidence may be accepted. To determine the availability of primary documents, the Service will refer to the Department of State's Foreign Affairs Manual (FAM). When the FAM shows that primary documents are generally available in the country of issue but the petitioner claims that his or her document is unavailable, a letter from the appropriate registrar stating that the document is not available will not be required before the Service will accept secondary evidence. 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), 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.
(2) Original documents or legible. true copies of original documents are acceptable. The Service reserves the right to require submission of original documents when deemed necessary. Documents submitted with the petition will not be returned to the petitioner, except when originals are requested by the Service. If original documents are requested by the Service, they will be returned to the petitioner after a decision on the petition has been rendered, unless their validity or authenticity is