CHAPTER I-IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE 1 2 3 101 103 204 205 206 211 212 SUBCHAPTER A- GENERAL PROVISIONS [REVISED] Definitions. Authority of the commissioner. Board of Immigration Appeals. SUBCHAPTER B-IMMIGRATION REGULATIONS Presumption of lawful admission. [Added] Powers and duties of service officers. [Added] Petition for immigrant status as a highly skilled person or as a minister. [Revised] Petition for immigrant status as relative of United States citizen, lawful resident alien, or eligible orphan. [Revised] Revocation of approval of petitions. [Amended] Documentary requirements: immigrants; waivers. [Revised] Documentary requirements: nonimmigrants; waivers; admission of certain inadmissible aliens; parole. [Revised] 212a Admission of certain aliens to perform skilled or unskilled labor. [Revised] Admission of aliens on giving bond or cash deposit. [Revised] 213 214 Nonimmigrant classes. [Revised] 214a Admission of nonimmigrants: foreign government official. [Revoked] 214b Admission of nonimmigrants: temporary visitor for business or pleasure. [Revoked] 214c Admission of nonimmigrants: transit aliens. [Revoked] 214d Admission of nonimmigrants: crewmen. [Revoked] 214e Admission of nonimmigrants: treaty trader. [Revoked] 214f Admission of nonimmigrants: students. [Revoked] 214g Admission of nonimmigrants: foreign government representatives to inter national organizations. [Revoked] 214h Admission of nonimmigrants: temporary services, labor or training. [Revoked] 214i Admission of nonimmigrants: representatives of information media. [Revoked] Part 214j Admission of nonimmigrants: exchange aliens. [Revoked] 214k Admission of agricultural workers under special legislation. [Revoked] 214m Admission of nonimmigrants: NATO aliens. [Revoked] 223 231 235 Reentry permits. [Amended] Arrival-departure manifests and lists; supporting documents. [Revised] 235a Preexamination of aliens within the United States. [Revoked] 236 237 238 239 242 243 245 Deportation of excluded aliens. [Revised] Entry through or from foreign contiguous territory and adjacent islands. [Revised] Special provisions relating to aircraft: designation of ports of entry for aliens arriving by civil aircraft. [Amended] Proceedings to determine deportability of aliens in the United States: apprehension, custody, hearing, and appeal. [Amended] Deportation of aliens in the United States. [Amended] Adjustment of status of nonimmigrant to that of a person admitted for permanent residence. [Amended] 245a Adjustment of status of nonimmigrant to that of a person admitted for permanent residence in accordance with the Refugee Relief Act of 1953, as amended. [Revoked] 246 247 248 Recission of adjustment of status. [Amended] Adjustment of status of certain resident aliens. [Amended] Change of nonimmigrant classification. [Amended] 249 Creation of record of lawful admission for permanent residence. [Revised] 251 Arrival manifests and lists: supporting documents. [Amended] 263 Registration of aliens in the United States: provisions governing special groups. [Amended] 264 Registration of aliens in the United States: forms and procedure. *280 [Amended] Imposition and collection of fines. [Amended] 282 Printing of reentry permits: forms for sale to public. [Amended] 312 316 Educational requirements for naturalization. [Revoked] Part 316a Residence, physical presence and absence. [Amended] 317 322 324 325 327 328 329 330 332 Temporary absence of persons performing religious duties. [Revoked] Special classes of persons who may be naturalized: women who have lost Special classes of persons who may be naturalized: nationals but not citizens Special classes of persons who may be naturalized: persons who lost United States citizenship through service in armed forces of foreign country during World War II. [Revised] Special classes of persons who may be naturalized: persons with three years. Special classes of persons who may be naturalized: veterans of the United 335 Preliminary examination on petitions for naturalization. [Amended] 335b Proof of qualifications for naturalization: witnesses; depositions. [Revised] Proceedings before naturalization court. [Amended] 336 337 338 339 341 342 343 Oath of allegiance. [Amended] Certificate of naturalization. [Amended] Functions and duties of clerks of naturalization courts. [Amended] Administrative cancellation. [Added] Certificate of naturalization or repatriation; persons who resumed citizenship under section 323 of the Nationality Act of 1940, as amended, or section 4 of the Act of June 29, 1906. [Revised] 343a Naturalization and citizenship papers lost, mutilated, or destroyed; new certificate in changed name; certified copy of repatriation proceedings. [Revised] 343b Special certificate of naturalization for recognition by foreign state. [Re vised] 344a Copies of and information from records. [Revoked] 402a Special classes of persons who may be naturalized: aliens enlisted in the United States Armed Forces under Act of June 30, 1950, as amended by Section 402 (e) of the Immigration and Nationality Act. [Revoked] 499 Nationality Forms. [Amended] SUBCHAPTER A-GENERAL PROVISIONS [REVISED] NOTE: In the revision of Subchapter A, Parts 4, 5, 6, 7, 8, 9, and 10 were deleted, 23 F. R. 9119, Nov. 26, 1958. Prior Amendments 1958: 23 F. R. 163, Jan. 9; 23 F. R. 2670, Apr. 23. Part 1-Definitions § 1.1 Definitions. As used in this chapter: (a) The terms defined in section 101 of the Immigration and Nationality Act (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 Immigration and Nationality Act (66 Stat. 163). (c) The term "Service" means the Immigration and Naturalization Serv ice. (d) The term "Commissioner" means the Commissioner of Immigration and Naturalization. (e) The term "Board" means the Board of Immigration Appeals. (f) The term "attorney" means any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State, territory, insular possession, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law. (g) Unless the context otherwise requires, the term "case" means any proceeding arising under any immigration law, Executive order, or Presidential proclamation, except that for the purposes of Part 292 of this chapter, a proceeding under Part 332 of this chapter shall not be regarded as a case. (h) The term "day" when computing the period of time for taking any action provided in this chapter, including the taking of an appeal, shall include Sundays and legal holidays, except that when the last day of the period so computed falls on a Sunday or a legal holiday, the period shall run until the end of the next day which is neither a Sunday nor a legal holiday. (1) The term "practice" means the act or acts of an attorney or representative in appearing in any case, either in person or through the filing of a brief or other document, paper, application, or petition on behalf of a client before an officer of the Service or the Board. (j) The term "representative" means a person representing a religious, charitable, social-service, or similar organization established in the United States and recognized as such by the Board, or a person described in § 292.1 (b), (d), or (h) of this chapter. (Sec. 103, 66 Stat. 173; 8 U. S. C. 1103) F. R. 9115, Nov. 26, 1958] Part 2-Authority of the Commissioner [23 § 2.1 Authority of the Commissioner. Without divesting the Attorney General of any of his powers, privileges, or duties under the immigration and naturalization laws, and except as to the Board, there is delegated to the Commissioner the authority of the Attorney General to direct the administration of the Service and to enforce the act and all other laws relating to the immigration and naturalization of aliens. The Commissioner may issue regulations as deemed necessary or appropriate for the exercise of any authority delegated to him by the Attorney General, and may redelegate any such authority to any other officer or employee of the Service. (Sec. 201, 66 Stat. 173; 8 U. S. C. 1103, Reorg. Plan No. 2 of 1950, 15 F. R. 3173, 3 CFR. 1950 Supp.) [23 F. R. 9117, Nov. 26, 1958] SOURCE: 3.1 to 3.8 appear at 23 F. R. 9117, Nov. 26, 1958. §3.1 Board of Immigration Appeals— (a) Organization. There shall be in the Department of Justice a Board of Immigration Appeals, which shall be under the supervision and direction of the Attorney General and shall be responsible solely to him. The Board shall consist of a chairman and four other members and shall have attached to it an executive assistant-chief examiner who shall have authority to act as an alternate member. It shall also have attached to it such number of attorneys and other employees as the Attorney General, upon recommendation of the Board, shall from time to time direct. In the absence of the Chairman, a member designated by him shall act as chairman. Appeals (b) Appellate jurisdiction. shall lie to the Board of Immigration Appeals from the following: (1) Decisions of special inquiry officers in exclusion cases, as provided in Part 236 of this chapter. (2) Decisions of special inquiry officers in deportation cases, as provided in Part 242 of this chapter. (3) Decisions on applications for the exercise of the discretionary authority contained in section 212 (c) of the act, as provided in Part 212 of this chapter. (4) Decisions involving administrative fines and penalties, including mitigation thereof, as provided in Part 280 of this chapter. (5) Decisions on petitions filed in accordance with section 205 of the act or decisions revoking the approval of such petitions in accordance with section 206 of the act, as provided in Parts 205 and 206, respectively, of this chapter. (6) Decisions on applications for the exercise of the discretionary authority -contained in section 212 (d) (3) of the act as provided in Part 212 of this chapter. (7) Determinations relating to bond, parole, or detention of an alien as provided in Part 242 of this chapter. (c) Jurisdiction by certification. The Commissioner, or any other duly authorized officer of the Service, or the Board may in any case arising under paragraph (b) of this section require certification of such case to the Board. (d) Powers of the Board-(1) Generally. Subject to any specific limita tion prescribed by this chapter, in considering and determining cases before it as provided in this part the Board shall exercise such discretion and authority conferred upon the Attorney General by law as is appropriate and necessary for the disposition of the case, except that the Board shall have no authority to consider or determine the manner in which, or at whose expense, or to which country, an alien shall be deported. (2) Finality of decision. The decision of the Board shall be final except in those cases reviewed by the Attorney General in accordance with paragraph (h) of this section. The Board may return a case to the Service for such further action as may be appropriate, without entering a final decision on the merits of the case. (3) Rules of practice; discipline of attorneys and representatives. The Board shall have authority, with the approval of the Attorney General, to prescribe rules governing proceedings before it. It shall also determine whether any organization desiring representation is of a kind described in § 1.1 (j) of this chapter, and shall regulate the conduct of, and may disbar for cause, attorneys, representatives of organizations, and others who appear in a representative capacity before the Board or the Service. (e) Oral argument. Oral argument shall be heard by the Board, upon request, in any case over which the Board acquires jurisdiction by appeal or certification as provided in this part. If an appeal has been taken, request for oral argument, if desired, shall be included in the Notice of Appeal. The Board shall have authority to fix any date or change any date upon which oral argument is to be heard. The Service may be represented in argument before the Board by an officer of the Service designated by the Commissioner. The Board shall convene for the purpose of hearing oral argument at its office in Washington, D. C., at 2:00 p. m., or such other time as it may designate on every day except Saturdays, Sundays, and legal holidays. (f) Service of Board decisions. The decision of the Board shall be in writing and copies thereof shall be transmitted by the Board to the Service and a copy shall be served upon the alien or party affected as provided in Part 292 of this chapter. |