Title 8--ALIENS AND NATIONALITY
Chapter I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND


(66 Stat. 163) shall have the meanings ascribed to them in that section and as supplemented, explained, and further defined in this chapter. (b) The term Act means...


the Department of Homeland Security to administer and enforce the immigration laws are vested in the Secretary of Homeland Security. The Secretary of Homeland Security may, in...


relating to the adjudication of immigration matters before immigration judges (referred to in some regulations as special inquiry officers) and the Board of...


including statements of delegations of final authority, indicate the established places at which, and methods whereby, the public may secure information,...


the Commissioner, the principal officer of the Immigration and Naturalization Service, authority to administer and enforce the Immigration and Nationality Act and all other...


Any person desiring information relative to a matter handled by the Immigration and Naturalization Service, or any person desiring to make a submittal or request in connection with...


Any person desiring information relative to a matter handled by the Immigration and Naturalization Service, or any person desiring to make a submittal or request in connection with...
...


of title 8 of the Code of Federal Regulations, contain information which under the provisions of section 552 of title 5 of the United States Code, is required to be published...


establish such regulations as he deems necessary for carrying out his authority under the provisions of that Act. The Attorney General has delegated certain rule making...


control numbers assigned to information collection requirements of the Immigration and Naturalization Service by the Office of Management and Budget (OMB) pursuant to the...


been lawfully admitted for permanent residence even though a record of his admission cannot be found, except as otherwise provided in this section, unless he abandoned...


entered the United States as either an immigrant or nonimmigrant under any of the following circumstances shall be regarded as having been lawfully admitted in such status,...


the United States. (a) Person born to foreign diplomat--(1) Status of person. A person born in the United States to a foreign diplomatic officer accredited to the...


residence and a Permanent Resident Card, Form I-551, for a person eligible for presumption of lawful admission for permanent residence under Sec. 101.1 or Sec. 101.2...


adjustment to special immigrant status under section 101(a)(27)(I) of the INA shall be made on Form I- 485. The application date of the I-485 shall be the date of acceptance...


authority. Delegations of authority to perform functions and exercise authorities under the immigration laws may be made by the Secretary of Homeland Security as provided by Sec....


authority. Delegations of authority to perform functions and exercise authorities under the immigration laws may be made by the Secretary of Homeland Security as provided by Sec....
...


of application or petition. When a Service officer denies an application or petition filed under Sec. 103.2 of this part, the officer shall explain in writing...


legalization cases--(1) General. The Commissioner or the Commissioner's delegate may direct that any case or class of cases be certified to another Service official for...


special agricultural worker and legalization cases--(1) When filed by affected party--(i) General. Except where the Board has jurisdiction and as otherwise provided in 8 CFR...


This section states authorized means of service by the Service on parties and on attorneys and other interested persons of notices, decisions, and other papers (except warrants...


application for further action on an approved application or petition must be filed on Form I-824 by the applicant or petitioner who filed the original application or...


surety; collateral security. All surety bonds posted in immigration cases shall be executed on Form I-352, Immigration Bond, a copy of which, and any rider attached thereto,...


shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or regulation. Except for fees...


Sections 103.8, 103.9, and 103.10 of this part comprise the Service regulations under the Freedom of Information Act, 5 U.S.C. 552. These regulations supplement those...


(a) Precedent decisions. There may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, bound volumes of...


of requesting records--(1) Place. Records should be requested from the office that maintains the records sought, if known, or from the Headquarters of the Immigration...


shall not be disclosed pursuant to a Freedom of Information Act request except in accordance with 28 CFR 16.7. [58 FR 31149, June...


II Social Security benefits under Public Law 104-193. (a) Definition of the term an ``alien who is lawfully present in the United States.'' For the purposes of...


the Service implementing the Privacy Act of 1974, Public Law 93-597. The regulations apply to all records contained in systems of records maintained by the Service which...


An individual who seeks access to records about himself or herself in a system of records must submit a written request in person or by mail to the Freedom...


themselves which are exempt from access pursuant to the Privacy Act exemptions in 5 U.S.C. 552a(d)(5), (j) or (k), their requests shall also be considered under the Freedom...


a system of records of the Service includes information from other agencies or components of the Department of Justice that has been classified under Executive Order...


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...


official as specified in Sec. 103.10(a) of this part has responsibility for determining whether access to records is available under the Privacy Act and for notifying...


shall be those specified in 28 CFR 16.47. Remittances [[Page 66]] shall be made in accordance with Sec. 103.7(a) of this part. [40 FR 44481, Sept. 26,...


Service to the records concerning him may appeal that decision in the manner prescribed in 28 CFR 16.48. [40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June...


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...


or amendment by individuals: (a) Transcripts or written statements made under oath; (b) Transcripts of Grand Jury Proceedings, judicial or...


which accounting is required (see Sec. 103.24 of this part) shall be attached to the relating record. A copy of Form G-658, Record of Information Disclosure (Privacy...


an individual are subpoenaed by a Grand Jury, court, or a quasijudicial agency, the official served with the subpoena shall be responsible for assuring that notice of...


review of forms it uses to collect information from and about individuals. (b) Scope of review. The Service Forms Control Unit shall review each form to assure that it...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR103.33] [Page 67] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents Sec. 103.33 Contracting record systems. Any contract by the Service for the operation of a record system shall be in compliance with 28 CFR 16.55. [40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June 1, 1993] ...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR103.34] [Page 67] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents Sec. 103.34 Security of records systems. The security of records systems shall be in accordance with 28 CFR 16.54. ...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR103.35] [Page 67] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents Sec. 103.35 Use and collection of Social Security numbers. The use and collection of Social Security numbers shall be in accordance with 28 CFR 16.56. [40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June 1, 1993] ...


conduct with regard to privacy shall be in compliance with 28 CFR 16.57. [40 FR 44481, Sept. 26, 1975, as amended at 58 FR 31150, June...


Immigration Appeals and the Attorney General are governed by part 1003 of 8 CFR chapter V. (b)-(f) [Reserved] (g) Decisions as precedents. Except as Board...


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...


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...
...


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...
...
...


Law 97-359 as the Amerasian child or son or daughter of a United States citizen if there is reason to believe that the alien was born in Korea, Vietnam, Laos, Kampuchea,...


Law 97-359 as the Amerasian child or son or daughter of a United States citizen if there is reason to believe that the alien was born in Korea, Vietnam, Laos, Kampuchea,...
...


Law 97-359 as the Amerasian child or son or daughter of a United States citizen if there is reason to believe that the alien was born in Korea, Vietnam, Laos, Kampuchea,...
...
...


In order to be considered eligible for the benefits of the savings clause contained in section 9 of the Immigration and Nationality Act Amendments of 1976, an alien must...


petition to accord an alien status as an employee of a United [[Page 122]] States business operating in Hong Kong pursuant to section 124 of the Immigration Act...


Armed Forces of the United States for at least 12 years. (a) Petition for Armed Forces special immigrant. An alien may not be classified as an Armed Forces...


(a) General. A petition to classify an alien under section 203(b)(2) of the Act as a scientist of the eligible independent states of the former Soviet Union or the...


(a) Definitions. Eligible for long-term foster care means that a determination has been made by the juvenile court that family reunification is no longer...


a medically underserved area or VA facility? (a) Which physicians qualify? Any alien physician (namely doctors of medicine and doctors of osteopathy) for whom...


for a fourth preference special immigrant broadcaster? (a) Which broadcasters qualify? Under section 203(b)(4) of the Act, the International Broadcasting Bureau...


self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval: (1) If the Secretary of State...


section 204 of the Act may revoke the approval of that petition upon notice to the petitioner on any ground other than those specified in Sec. 205.1 when the necessity...


section 101(a)(42) of the Act, and is included in a refugee group identified in section 207(a) of the Act, may apply for admission to the United States by filing an application...


individual Form I-590 (Registration for Classification as Refugee). Additionally, each applicant 14 years old or older must submit completed forms G-325C (Biographical Information)...


section 212(a) of the Act which are not applicable and those which may be waived in the case of an otherwise qualified refugee and the conditions under which...


the district director of the port of entry in the United States to admit the applicant conditionally as a refugee upon arrival at the port within four months of the date...


special humanitarian concern. Each applicant whose application is accepted for filing by the Immigration and Naturalization Service shall be registered as of the date of...


each special group designated by the President. As refugee status is authorized for each applicant, the total count is reduced correspondingly from the appropriate group...


child(ren), as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Act, shall be granted refugee status if accompanying or following-to-join the principal alien....


the Act, the required one year physical presence of the applicant in the United States is computed from the date the applicant entered the United States as...


admitted to the United States under section 207 of the Act shall be terminated by any district director in whose district the alien is found if the alien was not a...


(a) Applicability. Unless otherwise provided in this chapter, this subpart shall apply to all applications for asylum under section 208 of the Act or for withholding...


(a) Office of International Affairs. Except as provided in paragraph (b) or (c) of this section, the Office of International Affairs shall have initial jurisdiction over...


(a) An asylum applicant must file Form I-589, Application for Asylum and for Withholding of Removal, together with any additional supporting evidence in...


Except as prohibited in paragraph (a) of this section, asylum applications shall be filed in accordance with paragraph (b) of this section. ...


aliens in custody of the Service. (a) General. When an alien in the custody of the Service requests asylum or withholding of removal, or expresses a fear of...


(a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to Sec....


(a) Application and approval. (1) Subject to the restrictions contained in sections 208(d) and 236(a) of the Act, an applicant for asylum who is not...


travel outside the United States. (a) An applicant who leaves the United States without first obtaining advance parole under Sec. 212.5(f) of...


before an asylum officer. (a) The Service shall adjudicate the claim of each asylum applicant whose application is complete within the meaning of Sec....


an interview before an asylum officer or failure to follow requirements for fingerprint processing. Failure to appear for a scheduled interview without...


Department of State. (a) The Service shall forward to the Department of State a copy of each completed application it receives. At its option, the Department of State...


by other sources. (a) In deciding an asylum application, or in deciding whether the alien has a credible fear of persecution or torture pursuant to Sec....


eligibility. (a) Burden of proof. The burden of proof is on the applicant for asylum to establish that he or she is a refugee as defined in section 101(a)(42) of...


referral, or dismissal of application. (a) By an immigration judge. Unless otherwise prohibited in Sec. 208.13(c), an immigration judge may grant or deny asylum in...


resettlement.'' An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in...


removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture. (a) Consideration of application for withholding of removal....


removal under the Convention Against Torture. (a) Grant of deferral of removal. An alien who: has been ordered removed; has been found under Sec. 208.16(c)(3) to be entitled...


the Convention Against Torture. (a) Definitions. The definitions in this subsection incorporate the definition of torture contained in Article 1 of the Convention...


The decision of an asylum officer to grant or to deny asylum or to refer an asylum application, in accordance with Sec. 208.14(b) or (c), shall be communicated in writing to...


an asylum application is frivolous. For applications filed on or after April 1, 1997, an applicant is subject to the provisions of section 208(d)(6) of the Act only if...


the asylee's spouse and children. (a) Eligibility. In accordance with section 208(b)(3) of the Act, a spouse, as defined in section 101(a)(35) of the Act, 8...


and removal proceedings. An alien who has been granted asylum may not be deported or removed unless his or her asylum status is terminated pursuant to Sec....


An alien who was maintaining his or her nonimmigrant status at the time of filing an asylum application and has such application denied may continue in or be...


asylum or withholding of removal or deportation. (a) Termination of asylum by the Service. Except as provided in paragraph (e) of this section, an asylum officer may...


involving stowaways and applicants for admission found inadmissible pursuant to section 212(a)(6)(C) or 212(a)(7) of the Act. (a) Jurisdiction....


persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of...


section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her...


this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or...


by the Immigration Reform and Control Act of 1986. (b) ADIT. Alien Documentation, Identification and Telecommunications card, Form I-89. Used to collect key data...


alien agricultural worker who believes that he or she is eligible for adjustment of status under the provisions of Sec. 210.3 of this part may file an application for...


1986, has engaged in qualifying agricultural employment in the United States for at least 90 man-days is eligible for status as an alien lawfully admitted...


resident status is approved shall be adjusted to that of a lawful temporary resident as of the date on which the fee was paid at a legalization office, except that...


status. The status of an alien lawfully admitted to the United States for temporary residence under section 210(a)(1) of the Act, if the alien has otherwise...


arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a...


at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who: (1) Is the parent, spouse,...


An immigrant visa, reentry permit, refugee travel document, or Form I-551 shall be regarded as unexpired if the rightful holder embarked or enplaned before...


in section 211(b) of the Act, an alien previously lawfully admitted to the United States for permanent residence who, upon return from a temporary absence was...


or a special agricultural worker lawfully admitted for temporary residence under section 210 of the Act may commence or continue to reside in foreign contiguous...


nonimmigrants. A valid unexpired visa and an unexpired passport, valid for the period set forth in section 212(a)(26) of the Act, shall be presented by each...


deportation, removal or departure at Government expense. (a) Evidence. Any alien who has been deported or removed from the United States is inadmissible to...


discretion under section 212(c). (a) Jurisdiction. An application for the exercise of discretion under section 212(c) of the Act shall be submitted on Form...


discretion under section 212(d)(1) and 212(d)(3). (a) Applications under section 212(d)(3)(A)--(1) General. District directors and officers in charge outside the...


States. (a) The authority of the Secretary to continue an alien in custody or grant parole under section 212(d)(5)(A) of the Act shall be exercised by the...


(a) Application for Form DSP-150, B-1/B-2 Visa and Border Crossing Card, issued by the Department of State. A citizen of Mexico, who seeks to travel temporarily...


(a) Application for Form DSP-150, B-1/B-2 Visa and Border Crossing Card, issued by the Department of State. A citizen of Mexico, who seeks to travel temporarily...
...


section 212(a)(14). (a) General. The certification requirement of section 212(a)(14) of the Act applies to aliens seeking admission to the United States or adjustment...


certain derivative third and sixth preference and nonpreference immigrants. A derivative beneficiary who is the spouse or child of a qualified third or...


Any applicant for admission who is in possession of an immigrant visa, and who is excludable under sections 212(a)(14), (20), or (21) of the Act, may apply to the district...


In determining the admissibility of an alien who has been convicted of a violation of any law or regulation of a State, the United States, or a foreign country...


respecting Mariel Cubans. (a) Scope. This section applies to any native of Cuba who last came to the United States between April 15, 1980, and October 20,...


witnesses and informants for whom a law enforcement authority (``LEA'') will request S classification. (a) Parole authority. Parole authorization under section...


witnesses and informants for whom a law enforcement authority (``LEA'') will request S classification. (a) Parole authority. Parole authorization under section...
...


relating to T nonimmigrant status. (a) Filing the waiver application. An alien applying for the exercise of discretion under section 212(d)(13) or (d)(3)(B) of...


the intended place of residence of an alien may accept a public charge bond prior to the issuance of an immigrant visa to the alien upon receipt of a request...


place where a sponsor has a residence, as defined in section 101(a)(33) of the Act, in the United States, with the intention to maintain that residence for the foreseeable...


paragraph (a)(2) of this section, an intending immigrant is inadmissible as an alien likely to become a public charge, unless a sponsor has executed on behalf of the...


joint sponsor) changes for any reason while the sponsor's support obligation under the affidavit of support remains in effect with respect to any sponsored immigrant,...


(a) Requests for reimbursement. Requests for reimbursement under section 213A(b)(2) of the Act must be served by personal service, as defined by Sec. 103.5a(a)(2) of this...


precludes the continued use of Form I-134, Affidavit of Support (other than INA section 213A), or of Form I-361, Affidavit of Financial Support and Intent to Petition for...


For the purpose of administering the nonimmigrant provisions of the Act, the following administrative subclassifications of nonimmigrant classifications as defined in...


Sec. 214.1 are modified for the following nonimmigrant classes: (a) Foreign government officials--(1) General. The determination by a consular officer prior...


school or school system seeking approval for attendance by nonimmigrant students under sections 101(a)(15)(F)(i) or 101 (a)(15)(M)(i) of the Act, or both, shall file a petition...


on notice as provided in paragraphs (b), (c), (d), (e), (f), (g), (h), (i) (j), and (k) of this section, the school is not eligible to file another petition for...


of this title, the nonimmigrant status of any Libyan national, or of any other foreign national acting on behalf of a Libyan entity, who is engaging in...


of this title, the nonimmigrant status of any Libyan national, or of any other foreign national acting on behalf of a Libyan entity, who is engaging in...
...


(a) Definitions. As used in this section, the term: (1) Compacts means the agreements of free association between the United States and the governments...


(a) Definitions. As used in this section, the term: (1) Compacts means the agreements of free association between the United States and the governments...
...


(a) Private elementary and private secondary schools, public high schools, post-secondary schools, language schools, and vocational schools are eligible for preliminary...


of the Act, certain eligible spouses and children of lawful permanent residents may apply for a V nonimmigrant visa at a consular office abroad and be admitted to...


any person who is not a citizen or national of the United States. (b) The term Commissioner means the Commissioner of Immigration and Naturalization. (c) The...


States. (a) No alien shall depart, or attempt to depart, from the United States if his departure would be prejudicial to the interests of the United States under...


The departure from the United States of any alien within one or more of the following categories shall be deemed prejudicial to the interests of the United States. ...


(a) Any alien, other than an enemy alien, whose departure has been temporarily prevented under the provisions of Sec. 215.2, may, within 15 days of the service upon him of...


the special inquiry officer shall be conducted in accordance with the following procedure: (1) The special inquiry officer shall advise the alien of the rights...


possessions of the United States. (a) In addition to the restrictions and prohibitions imposed by the provisions of this part upon the departure of aliens from the...


of appropriate instructions from the Administrator of the Bureau of Security and Consular Affairs, departure-control officers shall not exercise the authority conferred by Sec....


resident is an alien who has been lawfully admitted for permanent residence within the meaning of section 101(a)(20) of the Act, except that a conditional permanent resident...


permanent resident. At the time an alien acquires conditional permanent residence through admission to the United States with an immigrant visa or adjustment of...


conditional period. The director shall send a formal written notice to the conditional permanent resident of the termination of the alien's conditional permanent resident...


for alien spouse. (a) Filing the petition--(1) General procedures. Within the 90-day period immediately preceding the second anniversary of the date on which...


alien spouse. (a) General. (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of...


status. (a) Filing the petition--(1) General procedures. A petition to remove the conditional basis of the permanent resident status of an alien...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR217.1] [Page 397] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 217_VISA WAIVER PROGRAM--Table of Contents Sec. 217.1 Scope. The Visa Waiver Pilot Program (VWPP) described in this section is established pursuant to the provisions of section 217 of the Act. [62 FR 10351, Mar. 6, 1997] ...


lessee, or authorized agent of any commercial vessel or commercial aircraft engaged in transporting passengers to the United States from a foreign place. ...


part from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of the alien's temporary stay...


admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be...


be made by the Commissioner on behalf of the Attorney General and shall be on Form I-775, Visa Waiver Pilot Program Agreement. (b) Termination of agreements. The Commissioner,...


the provisions of the Visa Waiver Program pursuant to section 217 of the Act after arriving via sea or air at a port of entry will not be granted a waiver of the...


residence of an alien may accept a bond on behalf of an alien defined in section 101(a)(15)(B) or (F) of the Act prior to the issuance of a visa to the alien or upon receipt of...


permit allows a permanent resident to apply for admission to the United States upon return from abroad during the period of the permit's validity without the necessity of...


a reentry permit, refugee travel document, or advance parole document must be filed on Form I-131, with the fee required in Sec. 103.7 of this chapter and with the...


permit. Except as provided in Sec. 223.2(c)(2), a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance. A reentry...


master, captain, or agent of every vessel or aircraft arriving in the United States from a foreign place or outlying possession of the United States shall present an...


agent of every vessel or aircraft departing from the United States for a foreign place or outlying possession of the United States shall present a departure manifest to...


this part relating to the presentation of arrival and departure manifests shall not apply to a private vessel or private aircraft not engaged directly or indirectly in the...


aliens shall be conducted is set forth in 42 CFR part 34. [38 FR 33061, Nov. 30, 1973, as amended at 38 FR 34315, Dec. 13, 1973. Redesignated at 62 FR 10353, Mar....


the immigration laws and other aliens. (a) General. When a medical examination is required of an alien who files an application for status as a permanent resident...


believing that persons arriving in the United States should be detained for reasons specified in section 232 of the Act, he or she shall, after consultation with the...


the [[Page 406]] Act may be entered into by the Executive Associate Commissioner for Programs, or by an immigration officer designated by the Executive...


adjacent islands. Form I-420 shall be signed in duplicate and forwarded to the Headquarters Office of Inspections. After acceptance, each Regional Office...


bringing applicants for admission to the United States through preinspection sites outside the United States shall enter into an agreement on Form I-425. Such an agreement...


A transportation line bringing aliens to Guam under the visa waiver provisions of Sec. 212.1(e) of this chapter shall enter into an agreement on Form I-760. Such...


any individual, partnership, corporation, or association engaged in air transportation upon regular schedules to, over, or away from the United States, or from one place...


passengers or crew required to be inspected under the Act shall land at the international air ports of entry enumerated in part 100 of this chapter unless permission...


in the Immigration and Nationality Act and this chapter, aircraft arriving in or departing from the continental United States or Alaska directly from or to...


for the entry of aliens shall be those airports designated as such by the Commissioner. An application for designation of an airport as an international airport for...


shall be made in person to an immigration officer at a U.S. port-of-entry when the port is open for inspection, or as otherwise designated in this section. (b)...


defer the inspection of any vessel or aircraft, or of any alien, to another Service office or port-of-entry. Any alien coming to a United States port from a foreign...


persons arriving at a port- of-entry in the United States by vessel or aircraft shall be detained aboard the vessel or at the airport of arrival by the owner, agent,...


discretion, permit any alien applicant for admission to withdraw his or her application for admission in lieu of removal proceedings under section 240 of the Act or...


of any aircraft proceeding from Guam, Puerto Rico, or the United States Virgin Islands destined directly and without touching at a foreign port or place, to any other of...


Appear. An immigration officer or asylum officer will sign and deliver a Form I-862 to an alien in the following cases: (i) If, in accordance with the provisions of...


Passenger Accelerated Service System (PORTPASS). A system in which certain ports- of-entry (POEs) are identified and designated by the Service as providing access to the...


or an immigration judge suspects that an arriving alien appears to be inadmissible under section 212(a)(3)(A) (other than clause (ii)), (B), or (C) of the Act,...


1, 1990, the Service issued Northern Marianas Identification Cards to aliens who acquired United States citizenship when the Covenant to Establish a Commonwealth of the...


Card, is no longer issued by the Service but valid existing cards will continue to be acceptable documentation of U.S. citizenship. Possession of the...


based on family relationship. An alien seeking admission to the United States with an immigrant visa as the spouse or son or daughter of a United States citizen or...


to Order of Removal Sec. 236.1 Apprehension, custody, and detention. (a) Detainers. The issuance of a detainer under this section shall be governed by...


Order of Removal Sec. 236.2 Confined aliens, incompetents, and minors. (a) Service. If the respondent is confined, or if he or she is an incompetent, or a...


to Order of Removal Sec. 236.3 Detention and release of juveniles. (a) Juveniles. A juvenile is defined as an alien under the age of 18 years. ...


to Order of Removal Sec. 236.4 Removal of S-5, S-6, and S-7 nonimmigrants. (a) Condition of classification. As a condition of classification and continued...


Order of Removal Sec. 236.5 Fingerprints and photographs. Every alien 14 years of age or older against whom proceedings based on deportability under section...


Order of Removal Sec. 236.6 Information regarding detainees. No person, including any state or local government entity or any privately operated...


Sec. 236.10 Description of program. The family unity program implements the provisions of section 301 of the Immigration Act of 1990, Public...


Sec. 236.11 Definitions. In this subpart, the term: Eligible immigrant means a qualified immigrant who is the spouse or unmarried child of...


Program Sec. 236.12 Eligibility. (a) General. An alien who is not a lawful permanent resident is eligible to apply for benefits under the Family Unity Program...


Sec. 236.13 Ineligible aliens. The following categories of aliens are ineligible for benefits under the Family Unity Program: (a) An alien who...


Program Sec. 236.14 Filing. (a) General. An application for benefits under the Family Unity Program must be filed at the service center having jurisdiction...


Sec. 236.15 Voluntary departure and eligibility for employment. (a) Authority. Voluntary departure under this section implements the provisions of...


Program Sec. 236.16 Travel outside the United States. An alien granted Family Unity Program benefits who intends to travel outside the United States...


Sec. 236.17 Eligibility for Federal financial assistance programs. An alien granted Family Unity Program benefits based on a relationship to a...


Sec. 236.18 Termination of Family Unity Program benefits. (a) Grounds for termination. The Service may terminate benefits under the Family Unity...


the term: Deciding Service officer means a district director, chief patrol agent, or another immigration officer designated by a district director, chief patrol agent,...


performing an inspection of an arriving alien at a port-of-entry may issue a notice to appear to such alien. In addition, the following officers, or officers...


notice to appear may cancel such notice prior to jurisdiction vesting with the immigration judge pursuant to Sec. 3.14 of this chapter provided the officer is satisfied...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR239.3] [Page 439] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 239_INITIATION OF REMOVAL PROCEEDINGS--Table of Contents Sec. 239.3 Effect of filing notice to appear. The filing of a notice to appear shall have no effect in determining periods of unlawful presence as defined in section 212(a)(9)(B) of the Act. ...


240.21 Suspension of deportation and adjustment of status under section 244(a) of the Act (as in effect before April 1, 1997) and cancellation of removal and adjustment...


240.25 Voluntary departure--authority of the Service. (a) Authorized officers. The authority contained in section 240B(a) of the Act to permit aliens to depart...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.60 Definitions. Source: 64 FR 27876, May 21, 1999, unless otherwise noted. ...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.61 Applicability. (a) Except as provided in paragraph (b) of this section,...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.62 Jurisdiction. (a) Office of International Affairs. Except as provided in...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.63 Application process. (a) Form and fees. Except as provided in paragraph (b) of...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.64 Eligibility--general. (a) Burden and standard of proof. The burden of proof is on...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.65 Eligibility for suspension of deportation. (a) Applicable statutory provisions....


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.66 Eligibility for special rule cancellation of removal. (a) Applicable...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.67 Procedure for interview before an asylum officer. (a) Fingerprinting requirements....


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.68 Failure to appear at an interview before an asylum officer or failure to follow requirements...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.69 Reliance on information compiled by other sources. In determining whether an applicant...


Cancellation of Removal Under Section 203 of Pub. L. 105 100 Sec. 240.70 Decision by the Service. (a) Service of decision. Unless the asylum officer...


of removal. An order of removal made by the immigration judge at the conclusion of proceedings under section 240 of the Act shall become final: (a) Upon...


removal. (a) Issuance of a warrant of removal. A Form I-205, Warrant of Removal, based upon the final administrative removal order in the alien's case shall be issued by...


aliens during removal period. (a) Assumption of custody. Once the removal period defined in section 241(a)(1) of the Act begins, an alien in the United States will...


aliens during removal period. (a) Assumption of custody. Once the removal period defined in section 241(a)(1) of the Act begins, an alien in the United States will...
...


release after removal period. (a) Order of supervision. An alien released pursuant to Sec. 241.4 shall be released pursuant to an order of supervision. The...


of removal. (a) Any request of an alien under a final order of deportation or removal for a stay of deportation or removal shall be filed on Form I- 246,...


A district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs may permit an...


removal orders. (a) Applicability. An alien who illegally reenters the United States after having been removed, or having departed voluntarily, while under...


transportation line of alien's removal. (a) An alien who has been ordered removed shall, immediately or as promptly as the circumstances permit, be offered for removal to...


care and attention of removable aliens. When, in accordance with section 241(c)(3) of the Act, a transportation line is responsible for the expenses of an...


and removal of stowaways. (a) Presentation of stowaways. The owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft (referred to...


costs of detention and maintenance. The owner of a vessel or aircraft bringing an alien to the United States who claims to be exempt from payment of the costs...


of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future. (a) Scope. This section establishes special...


detention of removable aliens on account of special circumstances. (a) Scope. The Service may invoke the procedures of this section in order to continue detention...


detainees. Disclosure of information relating to detainees shall be governed by the provisions of Sec. 236.6 of this chapter. [67 FR 19511, Apr....


to April 1, 1997) Sec. 241.20 Proceedings commenced prior to April 1, 1997. Subpart B of 8 CFR part 241 applies to exclusion proceedings...


to April 1, 1997) Sec. 241.21 Stay of deportation of excluded alien. The district director in charge of the port of arrival may stay the...


to April 1, 1997) Sec. 241.22 Notice to surrender for deportation. An alien who has been finally excluded pursuant to 8 CFR part 240, subpart D...


to April 1, 1997) Sec. 241.23 Cost of maintenance not assessed. A claim pursuant to section 237(a)(1) of the Act shall be established to...


to April 1, 1997) Sec. 241.24 Notice to transportation line of alien's exclusion. (a) An excluded alien shall, immediately or as promptly as...


to April 1, 1997) Sec. 241.25 Deportation. (a) Definitions of terms. For the purposes of this section, the following terms mean: ...


Commenced Prior to April 1, 1997) Sec. 241.30 Proceedings commenced prior to April 1, 1997. Subpart C of 8 CFR part 241 applies to deportation...


Commenced Prior to April 1, 1997) Sec. 241.31 Final order of deportation. Except as otherwise required by section 242(c) of the Act for the specific purposes...


Commenced Prior to April 1, 1997) Sec. 241.32 Warrant of deportation. A Form I-205, Warrant of Deportation, based upon the final administrative order...


Commenced Prior to April 1, 1997) Sec. 241.33 Expulsion. (a) Execution of order. Except in the exercise of discretion by the district director, and for...


and innocent absence means a departure from the United States that satisfies the following criteria: (1) Each such absence was of short duration and reasonably...


an alien may in the discretion of the director be granted Temporary Protected Status if the alien establishes that he or she: (a) Is a national, as defined in...


inadmissibility not to be applied. Paragraphs (4), (5) (A) and (B), and (7)(A)(i) of section 212(a) of the Act shall not render an alien ineligible for Temporary...


Status if the alien: (a) Has been convicted of any felony or two or more misdemeanors, as defined in Sec. 244.1, committed in the United States, or (b) Is an...


to the registration period. Prior to the registration period established by the Attorney General, a national of a foreign state designated by the Attorney General shall be...


be made in accordance with Sec. 103.2 of this chapter except as provided in this section. Each application must be filed with the fee, as provided in Sec. 103.7 of...


Status shall be filed with the director having jurisdiction over the applicant's place of residence. (b) An application for Temporary Protected Status must...


before an immigration officer. The applicant may be required to present documentary evidence to establish his or her eligibility. The applicant may have a representative...


documentation as required in the instructions or requested by the Service. The Service may require proof of unsuccessful efforts to obtain documents claimed to be...


(a) Temporary treatment benefits. The director shall grant temporary treatment benefits to the applicant if the applicant establishes prima facie eligibility for...


If a charging document is served on the alien with a notice of denial or withdrawal of Temporary Protected Status, an alien may renew the application for...


Temporary Protected Status, the INS shall grant an employment authorization document valid during the initial period of the foreign state's designation (and...


benefits terminate upon a final determination with respect to the alien's eligibility for Temporary Protected Status. (b) Temporary treatment benefits...


director. The director may withdraw the status of an alien granted Temporary Protected Status under section 244 of the Act at any time upon the occurrence of any of...


the alien must remain continuously physically present in the United States under the provisions of section 244(c)(3)(B) of the Act. The grant of Temporary...


supporting documents submitted by an alien shall not be released in any form whatsoever to a third party requester without a court order, or the written consent of...


Status must register annually with the INS designated office having jurisdiction over their place of residence. Such registration will apply to nationals of those...


may be issued against an alien granted Temporary Protected Status on grounds of deportability or excludability which would have rendered the alien statutorily ineligible...


designation of a foreign state, those nationals afforded temporary Protected Status shall, upon the sixtieth (60th) day after the date notice of termination is published in...


8 CFR 103.7(b) which relate to applications to the district director or service center director for Temporary Protected Status may be waived if the applicant establishes that he...


8 CFR 103.7(b) which relate to applications to the district director or service center director for Temporary Protected Status may be waived if the applicant establishes that he...
...


alien who believes he or she meets the eligibility requirements of section 245 of the Act or section 1 of the Act of November 2, 1966, and Sec. 245.1 shall apply to the...


1957, as amended. Any application for benefits under section 13 of the Act of September 11, 1957, as amended, must be filed on Form I-485 with the...


211 of this chapter relating to the documentary requirements for immigrants shall not apply to an applicant under this part. (Secs. 103, 214, 245 Immigration and...


the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of...


under this part shall be interviewed by an immigration officer. This interview may be waived in the case of a child under the age of 14; when the applicant is...


the Foreign Operations Appropriations Act for Fiscal Year 1990 (Pub. L. 101-167). (a) Application. Each person applying for benefits under section...


of the Act. (a) Application. Each person applying for adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act must file...


of China under Public Law 102-404. (a) Principal applicant status. All nationals of the People's Republic of China who qualify under the provisions of...


section 245(i). (a) Definitions. As used in this section the term: (1)(i) Grandfathered alien means an alien who is the beneficiary (including a spouse or...


(a) Eligibility. An application on Form I-854, requesting that an alien witness or informant in S nonimmigrant classification be allowed to adjust status to that of...


who are adjusting status to that of permanent resident under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996? (a) How do I...


who are adjusting status to that of permanent resident under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996? (a) How do I...
...


who are adjusting status to that of permanent resident under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996? (a) How do I...
...
...


serving in medically underserved areas or at a Veterans Affairs facility adjust status? (a) Which physicians are eligible for this benefit? Any alien...


106-378.Adjustment of status of Syrian asylees under Public Law 106-378. (a) Eligibility. An alien is eligible to apply to adjust status under Public Law 106-378 if...


and Laos (section 586 of Public Law 106-429). (a) Eligibility. The Service may adjust the status to that of a lawful permanent resident, a native or citizen...


the United States on a specific date. (a) Evidence. Generally, an alien who is required to demonstrate his or her physical presence in the United States on a...


Provisions Sec. 245a.1 Definitions. As used in this chapter: (a) Act means the Immigration and Nationality Act, as amended by The...


Provisions Sec. 245a.1 Definitions. As used in this chapter: (a) Act means the Immigration and Nationality Act, as amended by The...
...


Provisions Sec. 245a.1 Definitions. As used in this chapter: (a) Act means the Immigration and Nationality Act, as amended by The...
...
...


Provisions Sec. 245a.1 Definitions. As used in this chapter: (a) Act means the Immigration and Nationality Act, as amended by The...
...
...
...


Provisions Sec. 245a.5 Temporary disqualification of certain newly legalized aliens from receiving benefits from programs of financial assistance furnished...


Provisions Sec. 245a.6 Treatment of denied application under part 245a, Subpart B. If the district director finds that an eligible alien as defined at Sec....


Provisions Sec. 245a.10 Definitions. Source: 66 FR 29673, June 1, 2001, unless otherwise noted. In this Subpart B, the terms: Eligible alien...


Provisions Sec. 245a.11 Eligibility to adjust to LPR status. An eligible alien, as defined in Sec. 245a.10, may adjust status to LPR status under...


Provisions Sec. 245a.12 Filing and applications. (a) When to file. The application period began on June 1, 2001, and ends on June 4, 2003. To benefit from...


Provisions Sec. 245a.13 During pendency of application. (a) In general. When an eligible alien in the United States submits a prima facie application...


Provisions Sec. 245a.14 Application for class membership in the CSS, LULAC, or Zambrano lawsuit. The Service will first determine whether an alien filed a...


Provisions Sec. 245a.15 Continuous residence in an unlawful status since prior to January 1, 1982, through May 4, 1988. (a) General. The Service will...


Provisions Sec. 245a.16 Continuous physical presence from November 6, 1986, through May 4, 1988. (a) The Service will determine whether an alien was...


Provisions Sec. 245a.17 Citizenship skills. (a) Requirements. Applicants for adjustment under LIFE Legalization must meet the requirements of section 312(a) of...


Provisions Sec. 245a.18 Ineligibility and applicability of grounds of inadmissibility. (a) Ineligible aliens.(1) An alien who has been convicted of a felony or...


Provisions Sec. 245a.19 Interviews. (a) All aliens filing applications for adjustment of status with the Service under this section must be personally...


Provisions Sec. 245a.20 Decisions, appeals, motions, and certifications. (a) Decisions. (1) Approval of applications. If the Service approves the application...


Provisions Sec. 245a.21 Confidentiality. (a) No person other than a sworn officer or employee of the Department of Justice or bureau or agency thereof, will...


Provisions Sec. 245a.22 Rescission. (a) Rescission of adjustment of status under LIFE Legalization shall occur only under the procedures of 8 CFR part 246. ...


Source: 66 FR 29673, June 1, 2001, unless otherwise noted. This Subpart C implements the Family Unity provisions of section 1504 of the LIFE...


An alien who is currently in the United States may obtain Family Unity benefits under section 1504 of the LIFE Act Amendments if he or she establishes that: (a) He...


The following categories of aliens are ineligible for Family Unity benefits under the LIFE Act Amendments: (a) An alien who has been convicted of a felony or of...


(a) General. An application for Family Unity benefits under section 1504 of the LIFE Act Amendments must be filed on a Form I-817, Application for Family Unity Benefits, with...


removal, eligibility for employment, and period of authorized stay. (a) Scope of protection. Nothing in this Subpart C shall be construed to limit the authority of...


United States. (a) An alien who departs the United States while his or her application for Family Unity benefits is pending will be deemed to have abandoned...


Unity Program benefits. (a) Grounds for termination. The Service may terminate Family Unity benefits under the LIFE Act Amendments whenever the necessity for...


was not in fact eligible for the adjustment of status made in his or her case, or it appears to an asylum office director that a person granted adjustment of status by an...


in the notice, or if no answer is filed within the thirty-day period, or if no hearing is requested within such period, the district director or asylum office...


of the notice pursuant to Sec. 246.1, the respondent has filed an answer which contests or denies any allegation in the notice, or a hearing is requested, a...


this part, the immigration judge shall have authority to interrogate, examine, and cross-examine the respondent and other witnesses, to present and receive evidence,...


a Service counsel who shall have authority to present evidence, and to interrogate, examine, and cross-examine the respondent and other witnesses. The Service counsel is authorized...


enumeration of findings is not required. The order shall direct either that the proceeding be terminated or that the adjustment of status be rescinded. Service of the...


under this part to the Board of Immigration Appeals. An appeal shall be taken within 30 days after the mailing of a written decision or the stating of an oral decision....


accordance with section 246 of the Act and this part, shall, upon demand, promptly surrender to the district director having administrative jurisdiction over the office...


for permanent residence and has an occupational status which, if he were seeking admission to the United States, would entitle him to a nonimmigrant status...


district, who was lawfully admitted for permanent residence, has an occupational status described in section 247 of the Act, he shall cause a notice on Form I-509 to be served...


the waiver Form I- 508 and, if applicable, Form I-508F is not filed by the alien within the time prescribed, and the answer admits the allegations in the notice, or no answer...


thereof (noted to show the election made on Form I-508F, if applicable) shall be filed in the office of the Assistant Commissioner, Administrative Division, and may...


been adjusted to that of a nonimmigrant in accordance with section 247 of the Act and this part, shall, upon demand, promptly surrender to the district director...


alien lawfully admitted to the United States as a nonimmigrant, including an alien who acquired such status pursuant to section 247 of the Act, who is continuing to maintain his...


nonimmigrant status under section 248 of the Act: (a) Any alien in immediate and continuous transit through the United States without a visa; (b) Any...


an alien as an E-1, E-2, H-1A, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, or TC nonimmigrant, must, where the alien is already in the U.S. and does...


section 249 of the Act, an otherwise eligible alien who is inadmissible under paragraph (9), (10), or (12) of section 212(a) of the Act or so much of paragraph (23)...


other than an arriving alien, who has been served with a notice to appear or warrant of arrest shall be considered only in proceedings under 8 CFR part 240. In any other...


and residence since prior to July 1, 1924, but in whose case a record was created as of the date of approval of the application because evidence of continuous residence prior...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR250.1] [Page 604] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 250_REMOVAL OF ALIENS WHO HAVE FALLEN INTO DISTRESS--Table of Contents Sec. 250.1 Application. Application for removal shall be made on Form I-243. No appeal shall lie from the decision of the district director. [22 FR 9802, Dec. 6, 1957] ...


issue an authorization for the alien's removal on Form I-202. Upon issuance of the authorization, or as soon thereafter as practicable, the alien may be removed from the...


agent of every vessel arriving in the United States from a foreign place or an outlying possession of the United States shall present to the immigration officer at the port...


of any vessel from which an alien crewman has illegally landed or deserted in the United States shall inform the immigration officer in charge of the port where the...


The master or agent of every vessel departing from the United States shall submit to the immigration officer at the port from which such vessel is to depart directly...


Form 7507 or International Civil Aviation Organization's General Declaration. The captain or agent of every aircraft departing from the United States for a foreign place or...


to submission of arrival and departure manifests and lists shall not apply to a private vessel or a private aircraft not engaged directly or indirectly in the carriage...


board any vessel or aircraft arriving in the United States shall be detained on board the vessel or at the airport of arrival by the master or agent of such vessel or...


in the United States. A crewman whose landing permit is subject to revocation pursuant to section 252(b) of the Act may be taken into custody by any immigration officer without...


(a) United States vessels and tugboats. An immigration examination shall not be required of any crewman aboard a Great Lakes vessel of United States registry or a tugboat of...


revoked when an immigration officer finds that the crewman is in the United States in willful violation of the terms and conditions of his or her permission to land, or that he...


of January 19, 1966 (31 FR 807) and 28 CFR 0.109, and E.O. 11300 of August 17, 1966, (31 FR 11009), and 28 CFR 0.110, the Commissioner and immigration officers (as defined in Sec....


this part under the provisions of section 212(d)(5) of the Act, he shall be given Form I-94, reflecting the terms of parole. A notice on Form I-259 shall be served upon...


director, or when the purpose of the parole has been served, whichever is earlier, the agent upon whom the relating Form I- 259 was served as provided in Sec. 253.1,...


means any activity relating to the loading and unloading of cargo, the operation of cargo- related equipment [whether or not integral to the vessel], and the handling...


to perform longshore work at any United States port under the exceptions provided for in paragraphs (a)(2), (b), or (c) of this section must so indicate on the...


state on the manifest at the first port of entry: (1) Whether or not nonimmigrant crewmen aboard the vessel will perform longshore work at any port before departing...


forms. The following forms are prescribed as registration forms: Form No. and Class I-67, Inspection Record--Hungarian refugees (Act...


(a) Jurisdiction. An applicant who believes that he/she is eligible for presumption of lawful admission for permanent residence under Sec. 101.1 or Sec. 101.2 of this...


(a) General. An application for a replacement alien registration card must be filed on Form I-90 with the initial evidence required on the application form and with the fee...


Document, or Form I-95, Crewmen's Landing Permit. (a) General. An application for a new or replacement Form I-94 or replacement Form I-95 must...


register under section 262 of the Act shall report each change of address and new address within 10 days on Form AR-11. This form is available at post offices and Service...


by means of letters, figures, or marks, matters which may be used to fulfill any requirement of the Act. The term ``document'' includes, but is not limited to,...


knowledge of a violation or potential violation of section 274C of the Act may submit a signed, written complaint to the Service office having jurisdiction over the...


diminish or qualify any of the penalties available for activities prohibited by this section but proscribed as well in title 18, United States Code. (b) Civil penalties....


to those owners or operators of railroad lines, international bridges, or toll roads, which provide a means for an alien to come to the United States. (b) Inspection...


involving an alien brought to the United States after December 24, 1994, the carrier may seek a reduction, refund, or waiver of fine, as provided for by section 273(e) of the...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR273.2] [Page 628] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 273_CARRIER RESPONSIBILITIES AT FOREIGN PORTS OF EMBARKATION; Sec. 273.2 Definition. As used in this part, the term Carrier means an individual or organization engaged in transporting passengers or goods for hire to the United States. ...


of this section apply to those owners, operators, or agents of carriers which transport passengers to the United States. (b) Procedures at ports of embarkation. At...


apply for reduction, refund, or waiver of a fine, the carrier shall provide evidence that it screened all passengers on the conveyance for the instant flight or voyage in...


the carrier, the Service shall determine whether circumstances exist which would justify a reduction, refund, or waiver of fines pursuant to section 273(e) of the Act. ...


(MOU) with the Service for an automatic reduction, refund, or waiver of fines imposed under section 273 of the Act. (b) Carriers signatory to an MOU will not...


(a) The term appraised value means the estimated price at the time and place of seizure, if such or similar property were freely offered for sale. (b) The...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR274.2] [Page 631] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents Sec. 274.2 Officers authorized to seize conveyances. For the purpose of carrying out the provisions of section 274(b) of the Act and this part, any immigration officer is authorized and designated by the Commissioner to seize a conveyance. ...


the Act and this part shall be stored in a location designated by the custodian. The custodian is to receive and maintain in storage all conveyances seized and all...


immigration officer has probable cause to believe has been or is being used in the commission of a violation of section 274(a) of the Act is subject to seizure. (b) Any...


(a) The Service shall attempt with due diligence to ascertain the ownership of any conveyance seized pursuant to section 274(b) of the Act and this part, in...


asserted property interest in a seized conveyance existed on the date of seizure of that conveyance by submission of sufficient satisfactory original documentation or...


by consulting accepted reference guides to conveyance values or experts in conveyance values. If there is no market for a conveyance at the place of seizure, the value...


must be given to the owner and any known lienholder notifying them of the seizure of the conveyance and its consideration for forfeiture. The notice must be accompanied...


amount set forth in title 19 U.S.C. 1607 the regional commissioner shall cause an advertisement of the seizure to be published once a week for at least three...


a seized conveyance with an appraised value that does not exceed the monetary amount set forth in title 19 U.S.C. 1607, may obtain judicial forfeiture proceedings in...


the monetary amount set forth in title 19 U.S.C. 1607, and a claim and a bond are not filed within 20 days of the date of first publication of the advertisement as provided...


amount set forth in title 19 U.S.C. 1607, or a claim and a bond have been filed for a seized conveyance with an appraised value that does not exceed the monetary amount...


any seized conveyance may file a petition for relief from forfeiture. A petition must comply with the provisions of this section and Sec. Sec. 274.14, 274.15, 274.16,...


forfeitute should be filed within 30 days of the date of first publication of the advertisement as provided in Sec. 274.9 of this part. After a seized conveyance has...


the petitioner establishes: (1) A property interest in the conveyance; (2) That at no time did the petitioner have any knowledge or reason to believe that...


a seized conveyance to a petitioner, including a violator. To be eligible for the relief of mitigation of forfeiture, a petitioner must establish that transfer of ownership of...


grant restoration of proceeds of sale or the appraised value of a conveyance placed in official use or otherwise disposed of according to law unless the petitioner establishes...


purchases in his own name a conveyance for another person, the real purchaser, who has a record or reputation. A lienholder-petitioner that knows, or has reason to believe,...


relief from forfeiture and all of the facts and circumstances surrounding the seizure of a conveyance, the regional commissioner shall issue a written determination. In...


pursuant to section 274(b) of the Act and this part may be compromised by the United States Attorney only with the concurrence of the Director, Asset Forfeiture...


the purpose of this part-- (a) The term unauthorized alien means, with respect to employment of an alien at a particular time, that the alien is not at that time either:...


(a) General. This section states the requirements and procedures persons or entities must comply with when hiring, or when recruiting or referring for a fee, or...


An employer who continues the employment of an employee hired after November 6, 1986, knowing that the employee is or has become an unauthorized alien with...


or a recruiter or referrer for a fee for employment who shows good faith compliance with the employment verification requirements of Sec. 274a.2(b) of this part shall...


Any person or entity who uses a contract, subcontract, or exchange entered into, renegotiated, or extended after November 6, 1986, to obtain the labor or services of an alien...


(a) General. Pursuant to sections 274A(a)(5) and 274A(b) of the Act, a state employment agency as defined in Sec. 274a.1 of this part may, but is not required to, verify...


prior to November 7, 1986. (a) The penalty provisions set forth in section 274A (e) and (f) of the Act for violations of sections 274A(a)(1)(B) and 274A(a)(2) of...


(a) General. It is unlawful for a person or other entity, in hiring or recruiting or referring for a fee for employment of an individual, to require the individual to post...


(a) Procedures for the filing of complaints. Any person or entity having knowledge of a violation or potential violation of section 274A of the Act may submit a signed,...


Any person or entity which engages in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) of the Act shall be fined not more than $3,000 for...


accept employment. (a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized...


(a) General. Aliens authorized to be employed under Sec. 274a.12(a) (3)-(8) and (10)-(13) must file an Application for Employment Authorization (Form I-765)...


(a) Automatic termination of employment authorization. (1) Employment authorization granted under Sec. 274a.12(c) of this chapter shall automatically...


district director or the Associate Commissioner for Examinations, or the Director for the National Fines Office has reason to believe that any person has violated any of the provisions...


is predicated upon an alleged violation of a regulation promulgated under authority of section 239 of the Immigration and Nationality Act, the procedure prescribed in this...


is subject to the imposition of a fine shall have departed from the United States prior to the denial of clearance by the district director of customs and such vessel...


shall furnish to the district director or the Associate Commissioner for Examinations, or the Director for the National Fines Office pertinent...


authorized by the Immigration and Nationality Act, the party served with Notice of Intention to Fine may apply in writing to the district director or the Associate...


231, 237, 239, 243, 251, 253, 254, 255, 256, 272, or 273 of the Immigration and Nationality Act shall be filed on Form I-310. [22 FR 9807, Dec. 6, 1957, as amended...


of customs is authorized to approve the bond, or accept the sum of money which is being offered for deposit under any provision of the Immigration and Nationality Act or by...


be prepared in triplicate, with one additional copy for each additional person on whom the service of such notice is contemplated. The notice shall be addressed to any or all...


Notice of Intention to Fine (which period the district director or the Associate Commissioner for Examinations, or the Director for the National Fines Office may extend for...


personal appearance is not filed and (1) the answer admits the allegations in the notice, or (2) no answer is filed, the district director or the Associate Commissioner...


a reference to the order directing the interview; the medical certificate, if any; a copy of any record of hearing before a Board of Special Inquiry, Hearing Examiner,...


this part is final, the regional administrative officer shall be furnished a copy of the decision by the district director of immigration and naturalization or the...


and Sec. 280.2 will not be made if such aircraft is damaged to an extent that its value is less than the amount of the fine which may be imposed. If seizure of an aircraft...


for mitigation or remission of a fine may be filed as provided under Sec. 280.12 of this part; or, within 30 days after the date of receipt of the...


254(a); 255; 256; 271(a); 272, 273 and 274(c) of the Act shall be made payable to and collected by the Service. (b) All fines collected pursuant to sections 271(a) and...


requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410, 104 Stat. 890, as amended by the Debt Collection Improvement Act of 1996, Pub....


adjacent islands means Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the...


amount prescribed in section 286(d) of the Act, per individual is charged and collected by the Commissioner for the immigration inspection of each passenger aboard a commercial...


from passengers who fall within any one of the following categories: (a) Persons arriving at designated ports-of-entry by the following vessels, when operating on...


wholesalers, or other parties, which issue tickets or documents for transportation on or after December 1, 1986, to collect the fee set forth in Sec. 286.2 of this part...


transportation reflects collection of the fee is responsible for remittance of the fee to the Service. The travel agent, tour wholesaler, or other entity, which issues their...


verify the accuracy of fees collected and remitted and to otherwise determine compliance with the applicable statutes and regulations. Such records shall be maintained for...


the Act and this part shall subject it to one or more of the following: [[Page 669]] (a) Termination of existing agreements under the provisions of section 238...


Under the provisions of section 286(q) of the Act, the Service may establish pilot programs at one or more land border ports-of-entry to charge fees for immigration inspection services...


fee may be charged and collected by the Commissioner for the processing and issuance of specified Service documents at land border Ports-of-Entry. These fees, as specified in...


of the Act, means the land boundaries and the territorial sea of the United States extending 12 nautical miles from the baselines of the United States determined...


agent has reason to believe that there has been a violation punishable under any criminal provision of the immigration and nationality laws administered or enforced by...


without a warrant of arrest under the authority contained in section 287(a)(2) of the Act will be examined by an officer other than the arresting officer. If no other...


Deputy District Directors; Chief Patrol Agents; Deputy Chief Patrol Agents; Assistant Chief Patrol Agents; Officers in Charge; Patrol Agents in Charge; Assistant Patrol...


administer oaths. Any immigration officer as defined in 8 CFR 103.1(b) is hereby authorized and designated to exercise anywhere in or outside the United States the power...


record or entry therein, when admissible for any purpose, shall be evidenced by an official publication thereof, or by a copy attested by the official having legal custody...


are issued pursuant to sections 236 and 287 of the Act and this chapter 1. Any authorized immigration officer may at any time issue a Form I-247, Immigration...


in this section must be adhered to by every immigration officer involved in enforcement activities. Any violation of this section shall be reported to the Office...


to conducting a search in a criminal investigation unless a specific exception to the warrant requirement is authorized by statute or recognized by the courts....


violations of the standards for enforcement activities established in accordance with the provisions of Sec. 287.8 shall be investigated expeditiously consistent...


lane located at a Service checkpoint, which, when in operation, may be used exclusively by enrolled participants and their passengers in vehicles authorized by the...


areas of law enforcement authority. These regulations do not, are not intended to, and shall not be construed to exclude, supplant, or limit otherwise lawful activities of...


only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child of such an Indian or a...


of entry was entitled to the exemption provided for such person by the Act of April 2, 1928 (45 Stat. 401), or section 289 of the Act, and has maintained residence in the...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR289.3] [Page 685] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 289_AMERICAN INDIANS BORN IN CANADA--Table of Contents Sec. 289.3 Recording the entry of certain American Indians born in Canada. The lawful admission for permanent residence of an American Indian born in Canada shall be recorded on Form I-181. [33 FR 7485, May 21, 1968] ...


any of the following: (1) Attorneys in the United States. Any attorney as defined in Sec. 1.1(f) of this chapter. (2) Law students and law graduates not yet admitted...


of representatives; roster. (a) Qualifications of organizations. A non-profit religious, charitable, social service, or similar organization established...


to sanction. An adjudicating official or the Board of Immigration Appeals (the Board) may impose disciplinary sanctions against any practitioner if it finds it to be...


representative appearing in each case. During Immigration Judge or Board proceedings, withdrawal and/or substitution of counsel is permitted only in accordance with Sec. Sec. 3.16...


a person is required by any of the provisions of this chapter to give or be given notice; to serve or be served with any paper other than a warrant of arrest or a...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR292.6] [Page 693] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 292_REPRESENTATION AND APPEARANCES--Table of Contents Sec. 292.6 Interpretation. Interpretations of this part will be made by the Board of Immigration Appeals, subject to the provisions of part 3 of this chapter. [32 FR 9633, July 4, 1967] ...


the date of deposit occurring after April 27, 1966, or from the date cash deposited in the postal savings system ceased to accrue interest, to and including the date...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR293.2] [Page 694] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 293_DEPOSIT OF AND INTEREST ON CASH RECEIVED TO SECURE IMMIGRATION BONDS--Table of Contents Sec. 293.2 Interest rate. The Secretary of the Treasury has determined that effective from date of deposit occurring after April 27, 1966, the interest rate shall be 3 per centum per annum. ...


from which computation of interest at 3 per centum per annum on a principal of $1,000 for a fractional 365-day year may be derived by addition only. The interest...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR293.4] [Page 694] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 293_DEPOSIT OF AND INTEREST ON CASH RECEIVED TO SECURE IMMIGRATION BONDS--Table of Contents Sec. 293.4 Payment of interest. Interest shall be paid only at time of disposition of principal cash when the immigration bond has been withdrawn or declared breached. ...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR293.4] [Page 694] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 293_DEPOSIT OF AND INTEREST ON CASH RECEIVED TO SECURE IMMIGRATION BONDS--Table of Contents Sec. 293.4 Payment of interest. Interest shall be paid only at time of disposition of principal cash when the immigration bond has been withdrawn or declared breached. ...
...


and related forms is as follows: (a) Any officer or employee of the Service may issue official application or petition and related forms to the person for whose...


in this section may be obtained, upon prepayment, from the Superintendent of Documents, who is authorized to print these forms for sale to the public. Prices are set by...


required for applying for a specific benefit in compliance with the immigration and naturalization regulations, including those which have been made available for purchase...


use forms and reports which are cited for use throughout Title 8 of the Code of Federal Regulations, Chapter I. The information collection requirements contained in...


desires to be documented as a United States citizen pursuant to section 301(h) of the Act may apply for a passport at a United States passport agency or may submit...


the Virgin Islands of the United States on January 17, 1917, and in those Islands, Puerto Rico, or the United States on February 25, 1927, and who had preserved his...


making the declaration of renunciation as described in Sec. 306.12 the declarant shall be deemed to be a citizen of the United States. No certificate of naturalization or...


A person of the class described in Sec. 306.1 shall submit to the Service on Form N-350 preliminary application to [[Page 704]] renounce Danish citizenship,...


be made and executed by the applicant under oath, in duplicate, on Form N-351 and filed in the office of the clerk of court. The usual procedural requirements of the...


of the Act confers the sole authority to naturalize persons as citizens of the United States upon the Attorney General. (b) Commissioner of the Immigration...


naturalization from an applicant who is subject to a continuous residence requirement under section 316(a) or 319(a) of the Act as much as three months before the date upon...


time of filing of, or at the examination on, the application, to have the oath of allegiance and renunciation under section 337(a) of the Act administered in a public...


jurisdiction under section 310(a) of the Act, to naturalize a person unless a petition for naturalization with respect to that person was filed with the naturalization...


seek judicial review of a pending application for naturalization in those instances where the Service fails to make a determination under section 335 of the Act within 120...


of this section, no person shall be naturalized as a citizen of the United States upon his or her own application unless that person can demonstrate an understanding of...


shall be naturalized as a citizen of the United States upon his or her own application unless that person can demonstrate a knowledge and understanding of the fundamentals of...


the reading and writing requirements of Sec. 312.1 and the knowledge requirements of Sec. 312.2 by passing, within one (1) year preceding the date on which he or she...


either by the applicant or by the Service. However, the Service reserves the right to disqualify an interpreter provided by the applicant in order to ensure the integrity...


who fails the English literacy or history and government test at the first examination will be afforded a second opportunity to pass the test(s) within 90 days after...


Advocate includes, but is not limited to, advising, recommending, furthering by overt act, or admitting a belief in a doctrine, and may include the giving, lending, or...


313.3, no applicant for naturalization shall be naturalized as a citizen of the United States if, within ten years immediately preceding the filing of an application...


bear the burden of establishing that classification in one of the categories listed under Sec. 313.2 is not a bar to naturalization. (b) Exemptions. Despite...


membership or affiliation in any of the organizations covered by Sec. 313.2, the applicant shall attach to the application a detailed written statement describing...


military service means either: (1) A permanent exemption from induction into the Armed Forces or the National Security Training Corps of the United States for...


as provided in paragraph (b) of this section, any alien who has requested, applied for, and obtained an exemption from military service on the ground that he or she is an...


and the military department under which the alien served shall be conclusive evidence of whether the alien was relieved or discharged from liability for military...


have effective treaties providing reciprocal exemption of aliens from military service: Argentina (Art. X, 10 Stat. 1005, 1009, effective 1853) Austria (Art. VI, 47...


Sec. 499.1 of this chapter on which an applicant requests consideration for naturalization. Service district means the geographical area over which an office of the...


for naturalization, an alien must establish that he or she: (1) Is at least 18 years of age; (2) Has been lawfully admitted as a permanent resident of the...


naturalization with the Service office having jurisdiction, as described in Sec. 100.4 of this chapter, over the applicant's residence at the time of filing...


(1) Form N-400 (Application for Naturalization); (2) Evidence of lawful permanent residence in the United States in the form of photocopies (front and back) of Forms...


of this chapter, including Sec. 316.2 (a)(3), (a)(5), and (a)(6), an alien's residence is the same as that alien's domicile, or principal actual dwelling place,...


(1) An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period, he or she has been and continues to be a...


(a) General. An applicant for naturalization must establish that during the statutorily prescribed period, he or she has been and continues to be attached to...


is legally competent at the time of the examination on the naturalization application and of the administration of the oath of allegiance may be admitted to...


application for naturalization shall be conducted in accordance with Section 335 of the Act. (b) Determination--(1) Grant or denial. Subject to supervisory review,...


the International Immunities Act. (a) American institutions of research. The following-listed organizations have been determined to be American Institutions...


8 CFR part 239 (including a charging document issued to commence proceedings under sections 236 or 242 of the Act prior to April 1, 1997) shall be regarded as a warrant...


citizen spouse. (a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he...


employed abroad. (a) Eligibility. To be eligible for naturalization under section 319(b) of the Act, the alien spouse of a United States citizen must: (1)...


died during a period of honorable service in an active duty status in the Armed Forces of the United States. (a) Eligibility. To be eligible for naturalization...


United States organizations engaged in disseminating information. To be eligible for naturalization under section 319(c) of the Act, an applicant must: ...


U.S. participates by treaty or statute. Organizations designated by the President as international organizations pursuant to the International Organizations Immunities...


in disseminating information which significantly promotes U.S. interests. The following have been determined to be U.S. incorporated nonprofit...


An applicant covered by this part shall submit to the Service an application for naturalization on Form N-400, with the required fee, in accordance with the...


Adopted means adopted pursuant to a full, final and complete adoption. If a foreign adoption of an orphan was not full and final, was defective, or the unmarried U.S. citizen...


section 320 of the Act, a person must establish that the following conditions have been met after February 26, 2001: (1) The child has at least one United States...


who are applying for certificate of citizenship on their own behalf should file a Form N-600, Application for Certificate of Citizenship. An application for...


U.S. citizen parent(s) if application filed on behalf of a minor biological or adopted child) must appear for examination unless such examination is waived under the...


application. If the application for the certificate of citizenship is granted, after the applicant takes the oath of allegiance prescribed in 8 CFR part 337, unless the oath...


this part? As used in this part the term: Adopted means adopted pursuant to a full, final and complete adoption. In the case of an orphan adoption, if a...


(a) General. A child will be eligible for citizenship under section 322 of the Act, if the following conditions have been fulfilled: (1) The child has at least one...


other documents should the United States citizen parent(s) file? (a) Application. An application for a certificate of citizenship under this section on behalf of...


the application for citizenship? The U.S. citizen parent and the child shall appear in person before a Service officer for examination on the application for certificate...


approved or denied by the Service? (a) Approval of application. If the application for certificate of citizenship is approved, after the applicant takes the oath...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR324.1] [Page 731] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 324_SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALlZED: WOMEN Sec. 324.1 Definitions. As used in this part: Oath means the Oath of Allegiance as prescribed in section 337 of the Act. [56 FR 50490, Oct. 7, 1991] ...


naturalization under section 324(a) of the Act, an applicant must establish that she: (1) Was formerly a United States citizen; (2) Lost or may have lost United...


by marriage and whose marriage has terminated. (a) Eligibility. To be eligible for naturalization under section 324(c) of the Act, an applicant...


of July 2, 1940. A woman who was restored to citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940, but who failed to take the oath...


a private law. A former citizen of the United States whose naturalization by taking the oath before any naturalization court or office of the Service within the...


under section 325 of the Act who owes permanent allegiance to the United States, and who is otherwise qualified may be naturalized if: (a) The applicant becomes...


applying the residence and physical presence requirements in parts 316 and 319 of this chapter, except as they relate to the required three months' residence in a State or...


application for naturalization under this part shall be submitted in compliance with Sec. 316.4(a) of this chapter. (b) The applicant shall submit with the application: (1)...


applicant must establish that: (a) The applicant, on or after September 1, 1939 and on or before September 2, 1945: (1) Served in the military, air or naval forces...


pursuant to section 327 of the Act and Sec. 327.1 shall submit an Application for Naturalization, Form N-400, in accordance with Sec. 316.4 of this chapter, to...


which is designated as honorable service by the executive department under which the applicant performed that military service. Any service that is designated to...


an applicant must establish that the applicant: (a) Has served honorably in and, if separated, has been separated honorably from, the Armed Forces of the United States; ...


any office of the Service within the United States regardless of place of residence of the applicant. An application filed more than 6 months after discharge shall be filed...


Naturalization, Form N-400, as provided in Sec. 316.4 of this chapter. The application must be accompanied by Form N-426, Certificate of Military or Naval Service;...


separation from service which the executive department under which the applicant served determines to be honorable, including: (1) That such applicant had not...


must establish that he or she: (a) Has served honorably in an active duty status in the Armed Forces of the United States during: [[Page 736]] ...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR329.3] [Page 736] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 329_SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: Sec. 329.3 Jurisdiction. Except as noted in Sec. 329.5, an application under this part may be filed in any office of the Service within the United States regardless of the place of residence of the applicant. [56 FR 50493, Oct. 7, 1991] ...


of the Act must submit an Application for Naturalization, Form N-400, as provided in Sec. 316.4 of this chapter. The application must be accompanied by Form N-426,...


person desiring to naturalize in accordance with section 405 of the Immigration Act of 1990 shall establish that he/she: (1) Was born in the Philippines; (2) Served...


330 of the Act, an applicant must establish that he or she: (a) Has been lawfully admitted as a permanent resident of the United States; (b) Has served honorably...


of the Act must submit an Application for Naturalization, Form N-400, to the Service office exercising jurisdiction over the applicant's actual residence in the...


enemy means any person who is a native, citizen, subject or denizen of any country, state or sovereignty with which the United States is at war, for as long as the United...


a citizen of the United States under section 331 of the Act if: (a) The alien's application for naturalization is pending at the beginning of the state of war, or the...


investigation of any alien enemy whose application for naturalization is pending upon declaration of war or at any time thereafter. This investigation may take place either...


naturalization is an alien enemy, the Service shall notify the applicant in writing of its determination. Upon service of this notice to the applicant, the provisions...


(a) Examinations. All immigration examiners are hereby designated to conduct the examination for naturalization required under section 335 of the Act. A district director may...


the appropriate regional commissioner the establishment and operation of studios providing photographic services. The studios shall be operated by sponsoring...


the Service shall cooperate with appropriate authorities or organizations in the community to establish and maintain classes within, or under the supervision of, the...


shall take steps to obtain the aid of and to cooperate with official National and State organizations in the Service's program of promoting instruction and training...


Before exercising jurisdiction in naturalization proceedings, the naturalization court shall direct the clerk of such court upon written application to obtain from...


section 333 of the Act and this chapter shall submit three identical color photographs that shall have a glossy finish and shall be no smaller than 40 mm in length by 35 mm...


to each certificate of naturalization or citizenship, to each original and duplicate declaration of intention issued by the Service, and to each replacement copy of...


324, 325, 327, 328, 329, or 330 of the Act and the corresponding parts of this chapter, may apply for naturalization in accordance with the procedures prescribed in...


filing a completed Form N-400 signed in the applicant's own handwriting, if physically able to do so, and by including any other documents required by parts 316, 319, 324,...


naturalization may be unable, because of sickness or other disability, to appear for the initial examination on the application or for any subsequent interview,...


applicant. An applicant may request that the application for naturalization be amended either prior to or subsequent to the administration of the oath of allegiance. ...


18 years of age may file an application for a declaration of intention to become a citizen of the United States while present in the United States. Such application, with...


amend a petition for naturalization, filed prior to October 1, 1991, while such petition is pending, shall be made by the petitioner on Form N-410, with copies thereof equal...


transfer a petition for naturalization, filed prior to October 1, 1991, shall be made on Form N-455, in quadruplicate, to the district diector exercising...


petition for naturalization, filed prior to October 1, 1991, shall make request for withdrawal on Form N-404, in duplicate. The original shall be filed with the clerk of...


the Service shall conduct an investigation of the applicant. The investigation shall consist, at a minimum, of a review of all pertinent records, police...


for naturalization, each applicant shall appear in person before a Service officer designated to conduct examinations pursuant to Sec. 332.1 of this chapter....


shall grant the application if the applicant has complied with all requirements for naturalization under this chapter. A decision to grant or deny the application shall be...


record of the examination on the application for naturalization, including the executed and corrected application form and supplements, affidavits, transcripts of...


derogatory information concerning an applicant whose application has already been granted as provided in Sec. 335.3(a) of this chapter, but who has not yet taken the...


deemed to have abandoned his or her application if he or she fails to appear for the examination pursuant to Sec. 335.3 and fails to notify the Service of the reason...


who has appeared for the examination on his or her application as provided in Sec. 335.2 shall be considered as failing to prosecute such application if he or...


after filing an application for naturalization, changes residence, or plans to change residence within three months, may request, in writing, that a pending application...


her application, filed with the Service, be withdrawn. If the district director consents to the withdrawal, the application will be denied without further notice to the...


1991. (a) When held. Continued preliminary examinations shall be held on petitions for naturalization filed prior to October 1, 1991 when it is determined that...


notice. As soon as practicable after conclusion of the preliminary examination on a petition for naturalization filed prior to October 1, 1991,...


(a) Recommendation that petition be denied. When the designated examiner proposes to recommend denial of the petition filed prior to October 1, 1991, the petitioner or...


procedures contained in part 335 of this chapter and determining to deny an application for naturalization, the Service shall serve a written notice of denial upon...


his or her authorized representative, may request a hearing on the denial of the applicant's application for naturalization by filing a request with the Service within thirty...


(a) General. The provisions in part 310 of this chapter shall provide the sole and exclusive procedures for requesting judicial review of final determinations...


from the district director that such applicant is eligible for naturalization pursuant to Sec. 335.3 of this chapter, an applicant for naturalization shall, before...


An applicant for naturalization who has elected to have his or her oath of allegiance administered by the Service or an Immigration Judge and is not subject to the...


ceremony by either the court or the Service upon demonstrating sufficient cause. In determining whether to grant an expedited oath administration ceremony, the court...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR337.4] [Page 755] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 337_OATH OF ALLEGIANCE--Table of Contents Sec. 337.4 When requests for change of name granted. When the court has granted the petitioner's change of name request, the petitioner shall subscribe his or her new name to the written oath of allegiance. [56 FR 50500, Oct. 7, 1991] ...


of the examination on the application pursuant to Sec. 335.2 of this chapter, an employee of the Service shall advise the applicant of his or her right to elect the site for...


to the exclusive jurisdiction of Sec. 310.2(d) of this chapter shall notify the Service at the time of the filing of, or no later than at the examination on, the...


States as of the date on which the applicant takes the prescribed oath of allegiance, administered either by the Service or an Immigration Judge in an administrative...


more than one oath administration ceremony for which he or she was duly notified shall be presumed to have abandoned his or her intent to be naturalized. Such...


taken and subscribed to the oath of allegiance in accordance with Sec. Sec. 337.1, 337.2 and 337.3 of this chapter, a Certificate of Naturalization, Form N-550, shall be issued...


a court as a part of a naturalization, the clerk of court, or his or her authorized deputy, shall forward a copy of the order changing the applicant's name with...


the naturalized person has not surrendered his or her Permanent Resident Card to the Service. Upon a finding that the card is destroyed or otherwise unavailable, the...


does not conform to the facts shown on the application for naturalization, or a clerical error was made in preparing the certificate, an application for issuance of...


a petitioner for naturalization, whose petition for naturalization was filed prior to October 1, 1991, has taken and subscribed to the oath of allegiance, and a final order...


petition for naturalization was filed prior to October 1, 1991, has been changed by order of a court as part of a naturalization, the clerk of court or his or her...


otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked ``Spoiled'' and transmitted to the appropriate immigration...


naturalization. It shall be the duty of a judge of a court that administers an oath of allegiance to ensure that such oath is administered to each applicant...


Clerks of court shall on the first day of each month submit to the Service office having administrative jurisdiction over the place in which the court is located...


Whenever a court relinquishes naturalization jurisdiction, the clerk of court shall, within ten days following the date of relinquishment, furnish the district director...


volume of petitions for naturalization, applications to take the oath of allegiance, declarations of intention, orders of court, or other documents affecting or relating to...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR339.5] [Page 760] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 339_FUNCTlONS AND DUTIES OF CLERKS OF COURT REGARDING NATURALIZATION PROCEEDINGS--Table of Contents Sec. 339.5 Recordkeeping. The maintenance of records and submission of reports under this chapter may be accomplished by either electronic or paper means. [56 FR 50502, Oct. 7, 1991] ...


Act. (a) Reopening general. On its own motion, the Service may reopen a naturalization proceeding and revoke naturalization in accordance with this section, if the...


revocation proceedings. Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by...


a person who claims to have acquired United States citizenship under section 309(c) or to have acquired or derived United States citizenship as specified in section 341 of the...


testimony may be omitted. An application received at a Service office having jurisdiction over the applicant's residence may be processed without interview if the...


examination in the United States, the assigned officer may authorize the taking of a deposition abroad by written interrogatories before an officer of the Service or a United...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR341.4] [Page 765] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 341_CERTIFICATES OF CITIZENSHIP--Table of Contents Sec. 341.4 Surrender of immigration documents. Each claimant shall surrender any immigration identification and permanent resident cards in his or her possession. [30 FR 5472, Apr. 16, 1965, as amended at 63 FR 70316, Dec. 21, 1998] ...


and recommendation by completing the Report and Recommendation section of the Form N-600 application, or by formal order, as appropriate. The record, including the...


a Certificate of Citizenship, the applicant shall be furnished the reasons for denial and advised of the right to appeal in accordance with the provisions of 8 CFR...


issued and, unless the claimant is unable by reason of mental incapacity or young age to understand the meaning thereof, he or she shall take and subscribe to the oath...


a person has illegally or fraudulently obtained or caused to be created a certificate, document, or record described in section 342 of the Act, a notice shall be served upon...


Sec. 342.1 shall be served personally by an employee of the Government by delivery to the respondent, or by delivery to a person of suitable age and discretion at...


If the answer admits all material allegations in the notice, or if no answer is filed within the 60-day period or any extension thereof and no...


If the respondent files an answer within the prescribed period asserting a defense to the allegations in the notice, or requests a personal appearance, with or without an...


The naturalization examiner assigned to consider the case shall have authority to administer oaths or affirmations to respondent and witnesses, issue...


any witness may be taken by depositions, either orally or upon written interrogatories before a person having authority to administer oaths (affirmations), as may be designated...


prepare a report summarizing the evidence, discussing the applicable law, and containing his findings and recommendations. The record, including the report and...


certificate, document, or record was fraudulently or illegally obtained, he shall enter an order that it be cancelled and the certificate or document surrendered to the...


cancelled certificate of citizenship or copy thereof, prescribed by section 1428 of Title 18 of the United States Code, shall be given by the district director in whose...


one of the allied armies during World War I or II, or by voting in a political election in a country not at war with the United States during World War II, and who...


repatriation. (a) Lost, mutilated, or destroyed naturalization papers. A person whose declaration of intention, certificate of naturalization, citizenship,...


A certificate of naturalization or citizenship which is contained in a Service file, and which was surrendered on a finding that loss of nationality occurred directly or...


desires to obtain recognition as a citizen of the United States by a foreign state shall [[Page 770]] submit an application on Form N-565. He shall not be furnished...


of naturalization is delivered to one foreign government official only. An applicant who desires recognition as a U.S. citizen by more than one foreign official, whether...


prima facie case, it shall be forwarded to the district director, without first interrogating the applicant, for issuance of the certificate. Interrogation of the applicant shall...


application is received by a Service officer stationed outside the United States, he shall, when practicable, interrogate the applicant before the application is forwarded to...


[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR343b.5] [Page 770] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 343b_SPECIAL CERTIFICATE OF NATURALIZATION FOR RECOGNITION BY A FOREIGN STATE--Table of Contents Sec. 343b.5 Verification of naturalization. The application shall not be granted without first obtaining verification of the applicant's naturalization. [32 FR 9636, July 4, 1967] ...


certificate. If the application is granted, a special certificate of naturalization of Form N-578 shall be issued by the district director and forwarded to the Secretary of...


citizenship. An application for certification of a naturalization record of any court, or of any part thereof, or of any certificate of naturalization, repatriation,...


provisions of section 401(i), Nationality Act of 1940, who claims that his renunciation is void, shall complete Form N-576, Supplemental Affidavit to be Submitted...


in the active military service of the United States, and includes full-time training duty, which constitutes qualifying service under section 329(a) of the Act....


of the United States is eligible for posthumous United States citizenship who: (1) Served honorably in an active-duty status with the military, air, or naval forces...


who is either the next-of-kin or another representative of the decedent shall be permitted to apply for posthumous citizenship on the decedent's behalf. A person who is...


application (Form N-644) is approved, the director of the Service Center shall issue a Certificate of Citizenship, Form N-645, to the applicant, in the name of the decedent. ...


subchapter C of this chapter. To the maximum extent feasible, the forms used should bear the edition date shown or a subsequent...




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