PART 101-PRESUMPTION OF
LAWFUL ADMISSION

§ 101.1 Presumption of lawful admission.

A member of the following classes shall be presumed to have 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 his lawful permanent resident status or subsequently lost that status by operation of law:

(a) Prior to June 30, 1906. An alien who establishes that he entered the United States prior to June 30, 1906.

(b) United States land borders. An alien who establishes that, while a citizen of Canada or Newfoundland, he entered the United States across the Canadian border prior to October 1, 1906; an alien who establishes that while a citizen of Mexico he entered the United States across the Mexican border prior to July 1, 1908; an alien who establishes that, while a citizen of Mexico, he entered the United States at the port of Presidio, Texas, prior to October 21, 1918; and an alien for whom a record of his actual admission to the United States does not exist but who establishes that he gained admission to the United States prior to July 1, 1924, pursuant to preexamination at a United States immigration station in Canada and that a record of such preexamination exists.

(c) Virgin Islands. An alien who establishes that he entered the Virgin Islands of the United States prior to July 1, 1938, even though a record of his admission prior to that date exists as a non-immigrant under the Immigration Act of 1924.

(d) Asiatic barred zone. An alien who establishes that he is of a race indigenous to, and a native of a country within, the Asiatic zone defined in section 3 of the Act of February 5, 1917, as amended, that he was a member of a class of aliens exempted from exclusion by the provisions of that section, and that he entered the United States prior to July 1, 1924, provided that a record of his admission exists.

(e) Chinese and Japanese aliens—(1) Prior to July 1, 1924. A Chinese alien for whom there exists a record of his admission to the United States prior to July 1, 1924, under the laws and regulations formerly applicable to Chinese and who establishes that at the time of his admission he was a merchant, teacher, or student, and his son or daughter under 21 or wife accompanying or following to join him; a traveler for curiosity or pleasure and his accompanying son or daughter under 21 or accompanying wife; a wife of a United States citizen; a returning laborer; and a person erroneously admitted as a United States citizen under section 1993 of the Revised Statutes of the United States, as amended, his father not having resided in the United States prior to his birth.

(2) On or after July 1, 1924. A Chinese alien for whom there exists a record of his admission to the United States as a member of one of the following classes; an alien who establishes that he was readmitted between July 1, 1924, and December 16, 1943, inclusive, as a returning Chinese laborer who acquired lawful permanent residence prior to July 1, 1924; a person erroneously admitted between July 1, 1924, and June 6, 1927, inclusive, as a United States citizen under section 1993 of the Revised Statutes of the United States, as amended, his father not having resided in the United States prior to his birth; an alien admitted at any time after June 30, 1924, under section 4 (b) or (d) of the Immigration Act of 1924; an alien wife of a United States citizen admitted between June 13, 1930, and December 16, 1943, inclusive, under section 4(a) of the Immigration Act of 1924; an alien admitted on or after December 17, 1943, under section 4(f) of the Immigration Act of 1924; an alien admitted on or after December 17, 1943, under section 317(c) of the Nationality Act of 1940, as amended; an alien admitted on or after December 17, 1943, as a preference or nonpreference quota immigrant pursuant to section 2 of that act; and a Chinese or Japanese alien admitted to the United States between July 1, 1924, and December 23, 1952, both

dates inclusive, as the wife or minor son or daughter of a treaty merchant admitted before July 1, 1924, if the husband-father was lawfully admitted to the United States as a treaty merchant before July 1, 1924, or, while maintaining another status under which he was admitted before that date, had his status changed to that of a treaty merchant or treaty trader after that date, and was maintaining the changed status at the time his wife or minor son or daughter entered the United States.

(f) Citizens of the Philippine Islands— (1) Entry prior to May 1, 1934. An alien who establishes that he entered the United States prior to May 1, 1934, and that he was on the date of his entry a citizen of the Philippine Islands, provided that for the purpose of petitioning for naturalization he shall not be regarded as having been lawfully admitted for permanent residence unless he was a citizen of the Commonwealth of the Philippines on July 2, 1946.

(2) Entry between May 1, 1934, and July 3, 1946. An alien who establishes that he entered Hawaii between May 1, 1934, and July 3, 1946, inclusive, under the provisions of the last sentence of section 8(a) (1) of the Act of March 24, 1934, as amended, that he was a citizen of the Philippine Islands when he entered, and that a record of such entry exists.

(g) Temporarily admitted aliens. The following aliens who when admitted expressed an intention to remain in the United States temporarily or to pass in transit through the United States, for whom records of admission exist, but who remained in the United States: An alien admitted prior to June 3, 1921, except if admitted temporarily under the 9th proviso to section 3 of the Immigration Act of 1917, or as an accredited official of a foreign government, his suite, family, or guest, or as a seaman in pursuit of his calling; an alien admitted under the Act of May 19, 1921, as amended, who was admissible for permanent residence under that Act notwithstanding the quota limitations thereof and his accompanying wife or unmarried son or daughter under 21 who was admissible for permanent residence under that Act notwithstanding the quota limitations thereof; and an alien admitted under the Act of May 19, 1921, as amended,

who was charged under that Act to the proper quota at the time of his admission or subsequently and who remained so charged.

(h) Citizens of the Trust Territory of the Pacific Islands who entered Guam prior to December 24, 1952. An alien who establishes that while a citizen of the Trust Territory of the Pacific Islands he entered Guam prior to December 24, 1952, by records, such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service, records of the Navy or Air Force, or records of contractors of those agencies, and was residing in Guam on December 24, 1952.

(i) Aliens admitted to Guam. An alien who establishes that he was admitted to Guam prior to December 24, 1952, by records such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service, records of the Navy or Air Force, or records of contractors of those agencies; that he was not excludable under the Act of February 5, 1917, as amended; and that he continued to reside in Guam until December 24, 1952, and thereafter was not admitted or readmitted into Guam as a nonimmigrant, provided that the provisions of this paragraph shall not apply to an alien who was exempted from the contract laborer provisions of section 3 of the Immigration Act of February 5, 1917, as amended, through the exercise, expressly or impliedly, of the 4th or 9th provisos to section 3 of that act.

(j) Erroneous admission as United States citizens or as children of citizens. (1) An alien for whom there exists a record of admission prior to September 11, 1957, as a United States citizen who establishes that at the time of such admission he was the child of a United States citizen parent; he was erroneously issued a United States passport or included in the United States passport of his citizen parent accompanying him or to whom he was destined; no fraud or misrepresentation was practiced by him in the issuance of the passport or in gaining admission; he was otherwise admissible at the time of entry except for failure to meet visa or passport requirements; and he has maintained a residence in the United States since the date of admission. For the purposes of the foregoing, the terms "child" and "par

103.5 Reopening or reconsideration. 103.6 Immigration bonds.

103.7 Records and fees.

AUTHORITY: The provisions of this Part 103 issued under sec. 501, 65 Stat. 290, sec. 103, 66 Stat. 173; 5 U.S.C. 140, 8 U.S.C. 1103. Interpret or apply secs. 281, 332, 343, 344, 405, 66 Stat. 230, 252, 263, 264, 280; 8 U.S.C. 1351, 1443, 1454, 1455, 1101, and note. § 103.1 Delegations of authority.

Without divesting the Commissioner of any of the powers, privileges, and duties delegated to him by the Attorney General under the immigration and naturalization laws of the United States, coextensive authority is hereby delegated to the following-described officers of the Service:

(a) Associate Commissioner, Operations. All of the operational activities of the Service.

(1) Deputy Associate Commissioner, Domestic Control. The operational activities of the Service relating to investigations and enforcement.

(i) Assistant Commissioneṛ, Investigations. The investigations and administrative prosecution activities of the Service.

(ii) Assistant Commissioner, Enforcement. The border patrol activities of

the Service.

(2) Deputy Associate Commissioner, Travel Control. The operational activities of the Service relating to authorizations, Service activities outside the United States, and inspections at ports of entry.

(i) Assistant Commissioner, Examinations. The authorization and inspection activities of the Service.

(ii) Assistant Commissioner, Special Projects. The Service activities outside the United States.

(b) Associate Commissioner, Management. All of the management activities of the Service.

(1) Deputy Associate Commissioner, Security. The management activities of the Service, relating to field inspections, security, intelligence, and naturalization.

(i) Assistant Commissioner, Field Inspection and Security. The field inspection, intelligence, and security activities of the Service.

(ii) Assistant Commissioner, Naturalization. The naturalization activities of the Service.

(2) Deputy Associate Commissioner, Administrative Services. The management activities of the Service relating to administration, detention, and deporta

tion.

(i) Assistant Commissioner, Administration. The personnel, budget, fiscal, statistics, procurement, and records activities of the Service.

(ii) Assistant Commissioner, Detention and Deportation. The detention and deportation activities of the Service.

(c) General Counsel. The legal advisory, legislative, and litigation activities of the Service.

(d) Chief Special Inquiry Officer. The exclusion and expulsion hearing activities of the Service.

The ac

(e) Regional commissioners. tivities of the Service within their respective regional areas, including the following appellate jurisdiction specified in this chapter:

(1) Decisions on first preference and minister petitions, as provided in § 204.1; (2) Decisions on eligible orphan petitions, as provided in § 205.2;

(3) Decisions on requests for revalidation of certain petitions, as provided in § 206.1(c) of this chapter;

(4) Decisions revoking approval of certain petitions, as provided in § 206.3;

(5) Decisions on applications for permission to reapply for admission to the United States after deportation or removal, as provided in § 212.2;

(6) Decisions on applications for waiver of certain grounds of excludability, as provided in § 212.7(a);

(7) Decisions on applications for admission of certain aliens to perform skilled or unskilled labor, as provided in § 212a.1;

(8) Decisions on petitions for approval of schools, as provided in § 214.3;

(9) Decisions on petitions for temporary workers or trainees, as provided in § 214.2 of this chapter.

(10) Decisions on applications for reentry permits, as provided in § 223.1;

(11) Decisions on applications for benefits of section 13 of the Act of Sep

tember 11, 1957, as provided in § 245.3; (12) Decisions on adjustment of status of certain resident aliens to nonimmigrants, as provided in § 247.12(b);

(13) Decisions on applications for change of nonimmigrant status, as provide in § 248.2;

(14) Decisions on applications to preserve residence for naturalization purposes, as provided in § 316a.21 (c);

(15) Decisions on applications for certificates of citizenship, as provided in § 341.1;

(16) Decisions on administrative cancellation of certificates, documents, or records, as provided in § 342.8;

(17) Decisions on applications for certificates of naturalization or repatriation, as provided in § 343.1;

(18) Decisions on applications for new naturalization or citizenship papers, as provided in § 343a.1(c); and

(19) Decisions on applications for special certificates of naturalization, as provided in § 343b.11 (b).

(f) District directors. Under the executive direction of a regional commissioner (except district directors outside the United States who operate under the executive direction of the Assistant Commissioner, Special Projects), the grant or denial of any application or petition submitted to the Service or the initiation of any authorized proceeding in their respective districts. District directors outside the United States have all appellate jurisdiction specified in this chapter not reserved to the Board of Immigration Appeals for matters arising in their respective districts.

(g) Officers in charge. The supervision of inspection at ports of entries and the authorizations of extensions of nonimmigrant admission periods and of voluntary departure prior to the commencement of deportation hearings. Officers in charge in Districts 33, 34, 35, and 37 have the same powers with respect to petitions and applications submitted by citizens or aliens residing in their respective areas as are conferred on district directors in the United States.

(h) Special inquiry officers. Following selection by the Commissioner, the exercise of the powers and duties specified in this chapter regarding the conduct of exclusion and expulsion hearings.

(1) Immigration officer. Any immigrant inspector, immigration patrol inspector, airplane pilot, detention guard, investigator, general attorney (nationality), trial attorney (immigration) or supervisory officer of such employees is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specified by the Act, or this chapter.

[23 F.R. 9120, Nov. 26, 1958, as amended at 25 F.R. 581, Jan. 23, 1960; 26 F.R. 3563, Apr. 26, 1961; 26 F.R. 12212, Dec. 21, 1961; 29 F.R. 9660, July 17, 1964; 29 F.R. 11956, Aug. 21, 1964]

(a) General. Every application, petition, or other document submitted on a form prescribed by this chapter shall be executed and filed in accordance with the instructions contained on the form, such instructions being hereby incorporated into the particular section of the regulations requiring its submission. A parent, guardian, or other adult having a legitimate interest in a person who is under 14 years of age may file on such a person's behalf, and a guardian of a mentally incompetent person may file on such a person's behalf. Any required oath may be administered by an immigration officer or person generally authorized to administer oaths. Applications or petitions received in any Service office shall be stamped to show the time and date of their actual receipt and shall be regarded as filed when so stamped unless returned because they are improperly executed. An applica

tion or petition which is presented at an office of this Service by a travel agent, a notary public, or by any individual other than the applicant, petitioner, or an attorney or representative authorized and qualified to represent the applicant or petitioner pursuant to § 292.1 of this chapter, shall be disposed of in the same manner as an application or petition received through the mail. The person submitting the application or petition shall be advised that, since he is not regarded as the authorized representative of the applicant or petitioner, the applicant or petitioner will be notified directly regarding the action taken.