« ÎnapoiContinuă »
decision, may consider and base his decision upon evidence not made available for inspection by the applicant or petitioner, provided the regional commissioner, in his discretion, has concluded that such evidence is classified under Executive Order No. 10501 of November 5, 1953 (18 F.R. 7049, November 10, 1953), as amended, by Executive Order Nos. 10816 of May 7, 1959 (24 F.R. 3777, May 12, 1959), 10901 of January 9, 1961 (26 F.R. 217, January 12, 1961), 10964 of September 20, 1961 (26 F.R. 8932, September 22, 1961), and 10985 of January 12, 1962 (27 F.R. 439, January 16, 1962), or was confidentially furnished to the Service, and that its disclosure would be prejudicial to the public interest, safety, or security. (29 F.R. 11956, Aug. 21, 1964, as amended at 29 F.R. 13241, Sept. 24, 1964]
(b) Evidence-(1) Requirements. Each application or petition shall be accompanied by the documents required by the particular section of the regulations under which submitted. All accompanying documents must be submitted in the original and will not be returned unless accompanied by a copy. A copy unaccompanied by the original will be accepted only if the accuracy of the copy has been certified by an immigration or consular officer who has examined the original. A foreign document must be accompanied by an English translation. The translator must certify that he is competent to translate, and that the translation is accurate. The translator's certification must be notarized. If any required documents are unavailable, church or school records, or other evidence pertinent to the facts in issue, may be submitted. If such documents are unavailable, affidavits may be submitted. The Service may require proof of unsuccessful efforts to obtain documents claimed to be unavailable. The Service may also require the submission of additional evidence, including blood tests, may require the taking of testimony, and may direct the making of any necessary investigation. Any allegations made in addition to, or in substitution for, those originally made shall be under oath and filed in the same manner as the original application, petition, or other document or noted on the original application, petition, or document and acknowledged under oath thereon.
(2) Inspection of evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as hereinafter provided. If the decision will be adverse to the applicant or petitioner on the basis of derogatory evidence considered by the Service, he shall be advised thereof and offered an opportunity to rebut it and present evidence in his behalf before decision thereon, except that classified evidence or confidentially furnished evidence shall not be made available to him. Any explanation, rebuttal, or evidence presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding. In exercising discretionary powers to consider an application or petition, the district director or the officer in charge, in cases in which he is authorized to make the
§ 103.3 Denials, appeals and precedent
decisions. Whenever a formal application or petition filed under $ 103.2 is denied, the applicant shall be given written notice setting forth the specific reasons for such denial. When the applicant is entitled to appeal to another Service officer, the notice shall advise him that he may appeal from the decision, and that such appeal may be taken within 15 days after the mailing of the notification of decision, accompanied by a supporting brief and a fee of $10, by filing Notice of Appeal Form I-290B, which shall be furnished with the written notice. For good cause shown, the time within which the brief may be submitted may be extended. The party taking the appeal may, prior to appellate decision, file a written withdrawal of such appeal. The decision of the Service officer considering the appeal shall be in writing and a copy thereof shall be served upon the applicant, petitioner, or other party affected, or his attorney or representative of record. Those decisions of the Service, the Board of Immigration Appeals (8 3.1 (g) of this chapter), and the Attorney General which are of precedential value are published and may be purchased from the United States Government Printing Office, Washington, D.C., 20402, or examined at the principal field offices of the Service. (29 F.R. 12583, Sept. 4, 1964, as amended at 29 F.R. 18011, Dec. 18, 1964)
§ 103.4 Certifications.
The Commissioner, regional commissioners, associate commissioners, deputy associate commissioners, and assistant commissioners, within their respective areas of responsibility, may direct that any case or class of cases be certified for decision. The alien or other party affected shall be given notice on Form I-290C of such certification and of his right to submit a brief within 10 days from receipt of the notice. Cases within the appellate jurisdiction of the Service shall be certified only after an initial decision has been made. In cases within § 3.1(b) of this chapter, the decision of the officer to whom certified, whether made initially or upon review, shall constitute the base decision of the Service from which an appeal may be taken to the Board in accordance with the applicable parts of this chapter. The decision of the Service officer to whom the case has been certified shall be in writing and a copy thereof shall be served upon the applicant, petitioner, or other party affected, or his attorney or representative of record. 129 F.R. 12583, Sept. 4, 1964)
§ 103.5 Reopening or reconsideration.
Except as otherwise provided in Part 242 of this chapter, a proceeding authorized under this chapter may be reopened or the decision made therein reconsidered for proper cause upon motion made by the party affected and granted by the officer who has jurisdiction over the proceeding or who made the decision. When the alien is the moving party, a motion to reopen or a motion to reconsider shall be filed in duplicate, accompanied by a supporting brief, if any, and the appropriate fee specified by and remitted in accordance with the provisions of § 103.7, with the district director in whose district the proceeding was conducted for transmittal to the officer having jurisdiction. When an officer of the Service is the moving party, a copy of the motion shall be served on the alien or other party in interest and the motion, together with proof of service, shall be filled directly with the officer having jurisdiction. The party opposing the motion shall have 10 days from the date of service thereof within which he may submit a brief, which period may be extended. If the officer who originally decided the case is unavailable, the motion may be re
ferred to another officer. A motion to reopen shall state the new facts to be proved at the reopened hearing and shall be supported by affidavits or other evidentiary material. A motion to reconsider shall state the reasons for reconsideration and shall be supported by such precedent decisions as are pertinent. Motions to reopen or reconsider shall state whether the validity of the order has been or is the subject of any judicial proceding and, if so, the nature and date thereof, the court in which such proceeding took place or is pending, and its result or status. Rulings upon motions to reopen or motions to reconsider shall be by written decision. (27 F.R. 7562, Aug. 1, 1962) § 103.6 Immigration bonds.
(a) Acceptable sureties. Either company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6–13 as an acceptable surety on Federal bonds, or a surety who deposits cash or United States bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within one year from the date they are offered for deposit is an acceptable surety.
(b) Extension agreements; consent of surety; collateral security. A district director is authorized to approve a bond which is prepared on a form approved by the Commissioner, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his approved attorney in fact, shall be forwarded to the regional commissioner for approval.
(c) Violation of conditions; cancellation. When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as the the result of administrative or legislative action to that of a permanent resident retroactively to a date prior to the violation, any outstanding bond posted for maintenance of his status and departure from the United States shall be cancelled. If such an application for adjustment of status is made by a nomimmigrant while
ity in the amount of $75 as liquidated damages for each alien involved. [24 F.R. 3790, May 12, 1959; 29 F.R. 6680, May 22, 1964; 29 F.R. 11956, Aug. 21, 1964; 29 F.R. 12583, Sept. 4, 1964)
he is in lawful temporary status, the bond shall be cancelled if his status is adjusted to that of a lawful permanent resident or he voluntarily departs within any period granted to him. As used in this paragraph, the term “lawful temporary status" means that there must not have been any break in the approval of the alien's stay and all the time he is in the United States, from the date of admission to the date of departure or adjustment, must have had uninterrupted Service approval in the form of regular extensions of stay or dates set by which departure is to occur, or a combination of both. The district director having jurisdiction over the place where any immigration bond is retained shall finally determine whether a bond shall be declared breached or cancelled, and shall notify the obligors in writing on Form I-391 or Form I-323 of his decision.
(d) Bond schedules-(1) Blanket bonds for departure of visitors and transits. The amount of bond required for various numbers of nonimmigrant visitors or transits admitted under bond on Forms I-352 shall be in accordance with the following schedule: 1 to 4 aliens.
$500 each. 5 to 9 aliens.
$2,500 total bond. 10 to 24 aliens.
$3,500 total bond. 25 to 49 aliens.
$5,000 total bond. 50 to 74 aliens.
$6,000 total bond. 75 to 99 aliens..
$7,000 total bond. 100 to 124 aliens.. $8,000 total bond. 125 to 149 aliens.---- $9,000 total bond. 150 to 199 aliens. $10,000 total bond. 200 or more aliens.--- $10,000 plus $50 for
each alien over 200. (2) Blanket bonds for importation of workers classified as nonimmigrants under section 101 (a) (15) (H). The following schedule shall be employed by district directors when requiring employers or their agents or representatives to post bond as a condition to importing alien laborers into the United States from the British West Indies, the British Virgin Islands, or from Canada: Less than 500 workers..
$15 each. 500 to 1,000 workers.
$10 each. 1,000 or more workers..
$5 each. A bond shall not be posted for less than $500 or for more than $12,000 irrespective of the number of workers involved. Failure to comply with conditions of the bond will result in the employer's liabil
§ 103.7 Records and fees.
(a) Authority to release information and certify records. The Commissioner, regional commissioners, associate commissioners, deputy associate commissioners, assistant commissioners, the General Counsel, and district directors may furnish, upon application therefor, copies of Service records, or information therefrom, or upon application therefor by any person who has submitted data or evidence to the Service, they may furnish him with a copy of any document submitted by him or of any transcript made of his evidence, and may certify that any record is a true copy. The Chief, Records Administration and Information Branch, Central Office, may certify as to the nonexistence in the records of the Service of an official record. There shall be paid in advance for furnishing any person or agency (other than an officer or agency of the United States or of any State or any subdivision thereof for official use) copies of any part of, or information from, the records of the Service, a fee of 25 cents per folio of one hundred words or fraction thereof, with a minimum fee of 50 cents for any such service; an additional fee of $1.00 is required for certification under seal.
(b) Remittances. Fees shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or regulation. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefor, the district director having jurisdiction over the place where the original proceeding was conducted shall require the filing of the application and the payment of the fee. Every remittance shall be accepted subject to collection. A receipt issued by a Service officer for any such remittance shall not be binding if the remittance is found uncollectible. Fees in the form of postage stamps shall not be accepted. Remittances shall be made payable to the “Immigration and Naturalization Service, Department of Justice,” except that in the case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the “Commissioner of Finance of the Virgin Islands,” and, in the case of applicants residing in Guam, the remittances shall be made payable to the “Treasurer, Guam."
(c) Additional fees. In addition to the fees enumerated in sections 281 and 344 of the act, the following fees and charges are prescribed: For an annual table on "Passenger
Travel Reports via Sea and Air". $0.20 For set of annual tables entitled
“Passenger Travel Reports via Sea
2.00 For filing application for alien labor
er's permit in lieu of one lost,
1.00 For search of arrival record for personal benefit.-
3. 00 For filing application for alien regis
tration receipt card in lieu of one
5. 00 For filing application for permission to
reapply for excluded or deported
7.00 For filing application for certificate of
ciitzenship under section 309(C)--- 5.00 For filing application for passport or
visa waiver prior to or at the time
admission to the United States.--_10. 00 For filing application for visa waiver
when application is made for admis
sion as a returning resident--- _1 10.00 For filing application for passport
waiver prior to or at the time application is made for permanent admission
1 10.00 For filing application for section 316 (b) or 317 benefits.--.
10.00 For filing appeal from, or motion to
reopen or reconsider, any decision under the immigration laws, except an exclusion or deportation proceeding. (The minimum fee of $10 shall be charged whenever an appeal or motion is filed by or on behalf of two or more alie and all such aliens are covered by one decision)------- 10.00
For filing application for waiver of
grounds for exclusion contained in
section 212(a) (14) of the act. 10.00 For annual subscription for "Passen
ger Travel Reports via Sea and
23.00 For Alling appeal from, or a motion to
reopen or reconsider, a decision in an exclusion or deportation proceeding, except when a motion to reopen or reconsider is made concurrently with an application for stay of deportation under Part 243 of this chapter or concurrently with an application for temporary withholding of deportation under section 243(h) of the Act, or concurrently with an application for suspension of deportation under section 244 of the Act, for adjustment of status under section 245 of the Act, or for creation of a record of lawful admission for permanent residence under section 249 of the Act. (The minimum fee of $25 shall be charged whenever an appeal or motion is filed by or on behalf of two or more aliens and all such aliens are covered by one decision.).
25.00 For filing application for school approval
25. 00 For filing application for discretionary relief under section 212(c)
---- 25.00 For filing application for discretionary
relief under section 212(d) (3), except in an emergency case, or the granting of the application is in the interest of the United States Government
25. 00 For filing application for stay of de
portation under Part 243 of this chapter
25. 00 For filing application for adjustment
of status under section 13 of the
Act of September 11, 1957--- 25.00 For special statistical tabulations a
charge will be made to cover the
cost of the work involved. For filing application for temporary
withholding of deportation under section 243(h) of the Act--
25.00 For filing application for waiver of
the foreign residence requirement
under section 212(e) of the Act---- 25.00 For filing application for waiver of
grounds of excludability under section 212 (g) or (h) of the Act (only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both these sections)
25. 00 Except as otherwise provided in $ 3.3(b) of this chapter, any of the foregoing fees relating to applications, appeals, and mo
1 Plus communication costs.
tions may be waived in any case in which an alien or other party affected is unable to pay the prescribed fee if he files with the relating application, appeal, or motion his affidavit stating the nature thereof, his belief that he is entitled to redress, and his inability to pay the required fee, and shall request permission to prosecute the application, appeal, or motion without prepayment of such fee. When such an affidavit is filed with the officer of the Service having jurisdiction to render a decision on the application, appeal, or motion, such officer may, in his discretion, authorize the prosecution of the relating application, appeal, or motion without prepayment of fee. [23 F.R. 9121, Nov. 26, 1958, as amended at 26 F.R. 10928, Nov. 22, 1961; 26 F.R. 12111, Dec. 19, 1961; 27 F.R. 2681, Mar. 22, 1962; 27 F.R. 6748, July 17, 1962; 28 F.R. 209, Jan. 9, 1963; 28 F.R. 2268, Mar. 8, 1963; 28 F.R. 10451, Sept. 27, 1963; 29 F.R. 6275, May 13, 1964)