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§ 204.4(f)(1)(iii)(B)(1) CODE OF FEDERAL REGULATIONS
tion or dislocation abroad that results from the completion of the preliminary processing under
placement, must also be submitted. In addition, paragraph (d) of this section for:
the agency must submit to the Director, Outreach 204.4(g)(2) (i) Failure to establish that there is reason to
Program, Immigration and Naturalization Ser- believe the alien was fathered by a United States
vice, Washington, DC, within 90 days of each citizen; or
occurrence, reports of any breakdowns in spon-
204.4(g)(2) (ii) Failure to meet the sponsorship requirements
sorship that occur, and reports of the steps taken
if the fingerprints of the sponsor, required in
to remedy these breakdowns. The petitioner must
paragraph (f)(1) of this section, were submitted
also submit a statement from the agency:
during the preliminary processing and the com-
204.4(f)(1)(iii)(B) (1) Indicating that, before signing the sponsor- pleted background check of the sponsor discloses
ship agreement, the sponsor has been provided
a report covering pre-placement screening and
adverse information resulting in a finding that the NEW FEATURE
sponsor is not of good moral character.
evaluation, including a health evaluation, of
204.4(g) (3) Denial upon completion of final processing. "Nested" text (to
the beneficiary; help users easily
The director may deny the petition upon completion
204.4(f)(1)(iii)(B) (2) Describing the agency’s orientation of of final processing if it is determined that the spon- distinguish among
both the sponsor and the beneficiary on the le- sorship requirements, or one or more of the other subsections,
gal and cultural aspects of the placement; applicable requirements, have not been met. paragraphs, clauses,
(3) Describing the initial facilitation of the (4) Denial upon completion of one-stage etc.)
204.4(f)(1)(iii)(B)
204.4(g)
placement through introduction, translation, processing. The director may deny the petition upon
and similar services; and completion of all processing if any of the applicable
204.4(f)(1)(iii)(B) (4) Describing the contingency plans to place requirements in a case being processed under the
the beneficiary in another suitable home if the one-stage processing described in paragraph (e) of
initial placement fails. The new sponsor must this section are not met.
execute and submit a Form I-361 to the Ser- 204.4 (h) Classification of Public Law 97-359 Amera-
vice office having jurisdiction over the benefi- sian. If the petition is approved the beneficiary is
ciary’s residence in the United States. The classified as follows:
original sponsor nonetheless retains financial
204.4(h) (1) An unmarried beneficiary under the age of
responsibility for the beneficiary under the
twenty-one is classified as the child of a United
terms of the guarantee of financial support and
States citizen under section 201(b) of the Act;
intent to petition for legal custody which that
sponsor executed, unless that responsibility is 204.4(h) (2) An unmarried beneficiary twenty-one years
assumed by a new sponsor. In the event that of age or older is classified as the unmarried son or
the new sponsor does not comply with the daughter of a United States citizen under section
terms of the new guarantee of financial sup- 203(a)(1) of the Act; and
port and intent to petition for legal custody 204.4(h) (3) A married beneficiary is classified as the
and if, for any reason, that guarantee is not en- married son or daughter of a United States citizen
forced, the original sponsor again becomes fi- under section 203(a)(3) of the Act.
nancially responsible for the beneficiary. 204.4 (i) Enforcement of affidavit of financial support
204.4(f) (2) One-stage processing of petition. If the and intent to petition for legal custody. A guaran-
petitioner chooses to have the petition processed tee of financial support and intent to petition for
under the one-stage processing procedure described legal custody on Form I-361 may be enforced
in paragraph (e) of this section, the petitioner must against the alien’s sponsor in a civil suit brought by
submit all evidence required by paragraph (f)(1) of the Attorney General in the United States District
this section. Court for the district in which the sponsor resides,
204.4 (g) Decision— except that the sponsor’s estate is not liable under
the guarantee if the sponsor dies or is adjudicated as
204.4(g) (1) General. The director shall notify the
bankrupt under Title 11, United States Code. After
petitioner of the decision and, if the petition is de-
admission to the United States, if the beneficiary of
nied, of the reasons for the denial. If the petition is
a petition requires enforcement of the guarantee of
denied, the petitioner may appeal the decision under
financial support and intent to petition for legal
Part 103 of this chapter.
custody executed by the beneficiary’s sponsor, the
204.4(g) (2) Denial upon completion of preliminary beneficiary may file Form I-363 with the Service
processing. The director may deny the petition upon
86 American Immigration Lawyers Association