United States: Copy of form I-512 (Rev. 10-1-82); requirements governing the format of the photograph affixed to this form; copy of OI 212.5(c)(5); existence of limitations on the number of "S" visas granted each year
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||26 November 2004|
|Citation / Document Symbol||USA43167.E|
|Cite as||Immigration and Refugee Board of Canada, United States: Copy of form I-512 (Rev. 10-1-82); requirements governing the format of the photograph affixed to this form; copy of OI 212.5(c)(5); existence of limitations on the number of "S" visas granted each year, 26 November 2004, USA43167.E, available at: http://www.refworld.org/docid/42df61bf0.html [accessed 20 April 2014]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Please find attached a sample of form I-512 (Rev. 10-1-82), entitled "Authorization for Parole of an Alien into the United States," issued by the Immigration and Naturalization Service (INS). The form was attached to a United States (US) Department of State document published on 1 June 1990. Also attached are two INS alerts, dated 1 November 2001 and 9 July 2003, which include samples of form I-512.
Please find attached the US Department of Homeland Security (DHS) Operations Instructions (OI) 212.5(c). Under the terms of Sub-section 5 of these instructions, a form I-512 may be issued to an
alien who is not an exchange alien subject to the foreign residence requirement, is not the beneficiary of a private bill and is not under deportation proceedings, in whose case parole has been authorized by the district director because of emergent or humanitarian considerations (US n.d.).
On 2 August 2004, US Citizenship and Immigration Services (CIS) announced a "change in the photo requirements for all applicants from a three-quarter face position to a standard, full frontal face position." The change, called for under the terms of the 2003 Border Security Act, was to take effect immediately, although individuals would be allowed to continue to submit forms with photographs showing a three-quarter face position until 1 September 2004 (ibid. 2 Aug. 2004).
According to the US Department of Justice (DOJ) United States Attorneys' Manual, a document prepared "under the general supervision of the Attorney General and under the direction of the Deputy Attorney General" and which contains "general policies and some procedures relevant to the work of the United States Attorneys' offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice" (ibid. Sept. 1997, Title 1),
[t]he number of alien witnesses and informants who may be admitted into the United States pursuant to the S Visa Program is limited by law, and is currently set by Congress at 200 per fiscal year for criminal investigations and prosecutions, and an additional 50 per fiscal year for aliens who qualify for a reward under the Secretary of State's anti-terrorist reward program. 8 U.S.C. § 1184(j)(1). See also 22 U.S.C. § 2708(a) (anti-terrorism reward program). There can be no carryover of allocated S visa slots into the next fiscal year. Certain family members, i.e., spouse, parents, and married and unmarried sons and daughters, are also eligible for admission into the United States in an S nonimmigrant status, 8 U.S.C. § 1101(a)(15)(S), and these persons do not count against the numerical limits (ibid., Title 9).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
United States (US). 2 August 2004. Department of Homeland Security (DHS). Citizenship and Immigration Services (CIS). "Press Release: USCIS Announces Change in Photo Standard to Take Effect August 2nd, 2004."
_____. September 1997. Department of Justice (DOJ). United States Attorneys' Manual.
_____. n.d. Department of Homeland Security (DHS). Citizenship and Immigration Services (CIS). "Operations Instructions/OI 212 Documentary requirements: Nonimmigrants; Waivers; Admission of Certain Inadmissible aliens; Parole."
United States. 9 July 2003. Immigration and Naturalization Service. "Alert No. 2003A-96: Counterfeit Form I-512, Authorization of Parole of an Alien into the U.S."
_____. 1 November 2001. Immigration and Naturalization Service. "Alert No. 2002A-10: New Form I-512L."
_____. n.d. Department of Homeland Security (DHS). "Operations Instructions/OI 212 Documentary requirements: Nonimmigrants; Waivers; Admission of Certain Inadmissible aliens; Parole."
_____. n.d. Immigration and Naturalization Service. Form I-512. "Authorization for Parole of an Alien into the United States."
Additional Sources Consulted
Oral source: Embassy of the United States, Ottawa.
Internet sites, including: United States (US) Citizenship and Immigration Services, US Department of Justice, US Department of State.