AUTHORITY: The provisions of this Part 223 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interprets or applies sec. 223, 66 Stat. 194; 8 U.S.C. 1203.

§ 223.1 Application.

An application for a reentry permit under the provisions of section 223 of the Act shall be submitted on Form I-131 by an applicant in the United States at least 30 days prior to the proposed date of departure. It shall be accompanied by the applicant's alien registration receipt card Form I-151, AR-3 or AR-103, or an application for a lost or destroyed card on Form I-90. A reentry permit shall not be issued unless the alien is in possession of or is being furnished Form I-151. A reentry permit applicant who is a lawful permanent resident alien, but who has an occupational status which would if he were seeking admission to the United States entitle him to a nonimmigrant status under section 101(a) (15) (A), (E), or (G), of the Act, may be issued a reentry permit only if he executes and submits with his application, or has previously executed and submitted, the written waiver on Form I-508 required by section 247(b) of the Act and Part 247 of this chapter. The applicant shall be notified of the decision made on his application for a reentry permit and if the application is denied of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[29 F.R. 11493, Aug. 11, 1964]

§ 223.2 Extensions.

An application for extension of a reentry permit shall be submitted on Form I-143 prior to the expiration of the reentry permit's validity to the office having jurisdiction over the ap

plicant's place of residence in the United States, or to the immigration officer stationed outside the United States having jurisdiction over the place where the applicant is temporarily sojourning, or to an American consular officer in South America (except Venezuela), in those areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Philippines), in Australia, New Zealand, Bulgaria, Czechoslovakia, Hungary, Iceland, Rumania, the Union of Soviet Socialist Republics, Iran, Iraq, Jordan, Saudi Arabia, Syrian Arab Republic, Yemen, Aden, Kuwait, and in Africa (including the United Arab Republic) when the applicant is temporarily sojourning in one of the aforementioned places. A reentry permit extension application mailed during the permit's validity is considered as timely submitted, even though received by a Service or consular office after the permit's validity has expired. If the extension application is granted, the permit will be noted to show the extension and returned to the applicant; if denied, the applicant shall be notified of the decision, and the permit returned to him if the remaining period of its validity permits its use for return to the United States. No appeal shall lie from a decision denying an application for extension of a reentry permit.

[29 F.R. 14432, Oct. 21, 1964]

§ 223.3 Expired permits.

Upon the expiration of the period of validity of a reentry permit, the permit shall be surrendered by the holder to the issuing office. If any such expired permit has not been surrendered to the Service, no subsequent reentry permit shall be issued to the same alien unless he shall first surrender the expired permit, or satisfactorily account for his failure so to do.

[26 F.R. 10928, Nov. 22, 1961]

The master or agent of every vessel or aircraft arriving in the United States from a foreign place, except one arriving directly from Canada on a voyage or flight originating in that country, must present a manifest of all passengers on board to the immigration officer at the first port of arrival. For aircraft, or such vessels as are given advance permission to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) prepared for and presented by each passenger, except that an arrival-departure card is not required for an arriving, through-flight, air passenger at a United States port from which he will depart directly to a foreign place on the same flight, provided the number of such through-flight passengers is noted on the Bureau of Customs' Form 7507 or on the International Civil Aviation Organization's General Declaration and such passengers remain during ground time in a separate area under the direction and control of the Service. For all other vessels the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a completely executed set of Forms I-94 prepared for and presented by each alien passenger except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda. When inspection of an arriving passenger is deferred at the request of the carrier to another port of debarkation, the manifests relating to any such passenger shall be returned, together with a Form I-92 when the Form I-94 mani

fest procedure is used for presentation by the master or agent at the port where inspection is to be conducted. [28 F.R. 13741, Dec. 17, 1963]

§ 231.2 Departure manifests for passen

gers.

The master or agent of every vessel departing from the United States for a foreign place, except one departing directly to Canada on a voyage or flight terminating in that country, must present a manifest of all passengers on board to the immigration officer at the port of departure prior to departure, except that vessels or aircraft making regularly scheduled voyages or flights to and from the United States may defer presentation for a period not in excess of 30 days. For aircraft, or such vessels as are given advance permission to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) for each passenger, except a through-flight passenger for whom an arrival-departure card was not prepared upon arrival. For all other vessels, the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a fully executed Form I-94 for each alien passenger except an alien permanent resident of the United States, a Canadian citizen, or a British subject residing in Canada or Bermuda. When a Form I-94 is required to be submitted for an alien by a departing vessel or aircraft, the Form I-94 given the alien at the time of his last admission should be utilized. Any alien registration receipt card on Form I-151 surrendered pursuant to Part 264 of this chapter shall be attached to the manifest. An alien nonimmigrant departing on a vessel or aircraft proceeding directly to Canada on a voyage or flight terminating in that country should surrender any Form I-94 in his possession to the Canadian immigration officer at the port of arrival in that country.

[24 F.R. 3790, May 12, 1959, as amended at 25 F.R. 4275, May 13, 1960; 25 F.R. 7180, July 29, 1960]