OPERATIONS INSTRUCTIONS - Gani

Service Law Books
When deemed necessary by the Service officer abroad having jurisdiction over the application, a
similar investigation shall be conducted concerning the principal relative.
(iv) Adjudication.
If the application is approved, the order shall be entered on Form I-607. If the application is denied,
a formal order shall be prepared, in triplicate, setting forth the decision and the reasons therefor.
When an order becomes final, the consular officer with whom the visa application was filed shall be
notified on Form I-603 by the office abroad which processed the application.
The definition of ''marihuana'' contained in the Comprehensive Drug Abuse Prevention and Control
Act of 1970, Sec. 102(15), 84 Stat. 1244, (21 U.S.C. 802(15)) will be used when deciding (h) waivers
of section 212(a)(23) of the Act.
(2) Application filed in the United States.
An application for a waiver may be accepted by a Service office in the United States only when filed in
conjunction with an application for adjustment of status under sections 245, 249, section 1, Act of
November 2, 1966, or P.L. 95-145 (Act of October 28, 1977). The Service office will accomplish the
interview and investigation, if required, and otherwise adjudicate the application in accordance with OI
212.7(a). No investigation will be made of an applicant for a section 212(i) waiver unless the
circumstances indicate an investigation is necessary. An investigation of a 212(h) applicant shall be at
the discretion of the adjudicating officer as provided for in OI 212.7(a)(1)(iii).
(b) Waiver of inadmissibility under section 212(g).
In adjudicating an application for a waiver of excludability under section 212(g), the immigration officer
shall determine whether the relationship prescribed in that section exists and whether all the conditions
required by 8 CFR 212.7(b) have been met.
Since the United States Public Health Service has determined that an alien with Down's Syndrome who
has a state of arrested mental development is classifiable as mentally retarded within the meaning of
Section 212(a)(1) of the Act and has instructed medical examiners to issue a Class ''A'' certification
under that section of the Act to an alien in that category, such an alien is eligible for a Section 212(g)
waiver.
A prospective immigrant arriving with a Class ''A'' medical condition for which a Section 212(g) waiver has
been granted, or who has a Class ''B'' condition (for tuberculosis, not active, or leprosy, noninfectious),
will have a stamp reading ''Class A or B(T)'' appearing in the ''USPHS'' block of Form OF-155 (FS-511).
Whenever such an alien has not been inspected by a Public Health Service Officer, the immigration
inspector shall examine the accompanying medical report, compare it with the comments in the ''USPHS''
block of the immigrant visa and attach it securely to the visa. Likewise, the immigration inspector shall
examine the visa page of the passport of a nonimmigrant for the notation ''MED.'' In either of the above
cases, if the cited medical notations appear, the inspector will take the following appropriate action:
A. At ports where full-time PHS inspectional personnel are assigned and are on duty refer to PHS
secondary.
B. At other ports or when no PHS inspector is on duty:
1. Remove one copy of the OF-157 (formerly FS-398) from visa or passport;
2. Place the following information on the reverse of the OF-157:
*(a) Alien's intended address in the U.S.;
*(b) Sex and date of birth;
*(c) Port and date of entry;
*(d) ''A'' number of alien in case of immigrant or nonimmigrant, if indicated;
*(e) Manner of arrival;