unless jurisdiction in the case is vested in the Board under Part 3 of this chapter. A motion to reopen will not be granted by a special inquiry officer unless he is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the hearing. § 246.9 Surrender of Form I-151. A respondent whose status as a permanent resident has been rescinded in accordance with section 246 of the Immigration and Nationality Act and this part, shall, upon demand, promptly surrender to the district director having administrative jurisdiction over the office in which the action under this part was taken, the Form I-151 issued to him at the time of the grant of permanent resident status. 247.12 Disposition of case. 247.13 Disposition of Form I-508. 247.14 Surrender of documents. AUTHORITY: The provisions of this Part 247 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 247, 66 Stat. 166, 218; 8 U.S.C. 1101, 1257. SOURCE: The provisions of this Part 247 appear at 22 F.R. 9801, Dec. 6, 1957, unless otherwise noted. § 247.1 Scope of part. The provisions of this part apply to an alien who is lawfully admitted 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 under paragraph (15) (A) or (15) (G) of section 101 (a) of the act, and to his immediate family; also, an alien who was lawfully admitted 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 under paragraph (15) (E) of section 101(a) of the act, and to his spouse and children. § 247.11 Notice. If it appears to a district director that an alien residing in his 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 on such alien informing him that it is proposed to adjust his status, unless the alien requests that he be permitted to retain his status as a resident alien and executes and flies with such district director a Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) within 10 days from receipt of the notice, or the alien, within such 10-day period, files with the district director a written answer under oath setting forth reasons why his status should not be adjusted. The notice shall also advise the person that he may, within such period and upon his request have an opportunity to appear in person, in support or in lieu of his written answer, before an immigration officer designated for that purpose. The person shall further be advised that he may have the assistance of counsel without expense to the government of the United States in the preparation of his answer or in connection with such personal appearance, and may examine the evidence upon which it is proposed to base such adjustment. § 247.12 Disposition of case. (a) Allegations admitted or no answer filed. If the waiver Form I-508 is not filed by the alien within the time prescribed, and the answer admits the allegations in the notice, or no answer is filed, the district director shall place a notation on the notice describing the alien's adjusted nonimmigrant status and shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted and no appeal shall lie from such decision. Form I-94A shall be delivered to the alien and shall constitute notice to him of such adjustment. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status granted and shall be subject to such other terms and conditions, including the exaction of bond as the district director may deem appropriate. (b) Answer filed; personal appearance. Upon receipt of an answer asserting a defense to the allegations made in the notice without requesting a personal appearance, or if a personal appearance is requested or directed, the case shall be assigned to an immigration officer. Pertinent evidence, including testimony of witnesses, shall be incorporated in the record. The immigration officer shall prepare a report summarizing the evidence and containing his findings and recommendation. The record, including the report and recommendation of the immigration officer, shall be forwarded to the district director who caused the notice to be served. The district director shall note on the report of the immigration officer whether he approves or disapproves the recommendation of the immigration officer. If the decision of the district director is that the matter be terminated, the alien shall be informed of such decision. If the decision of the district director is that the status of the alien should be adjusted to that of a nonimmigrant, his decision shall provide that unless the alien, within 10 days of receipt of notification of such decision, requests permission to retain his status as an immigrant and files with the district director Form I-508, the alien's immigrant status be adjusted to that of a nonimmigrant. The alien shall be informed of such decision and of the reasons therefor, and of his right to appeal in accordance with the provisions of Part 103 of this chapter. If the alien does not request that he be permitted to retain status and file the Form I-508 within the period provided therefor, the district director, without further notice to the alien, shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted. Form I-94A shall be delivered to the alien. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status created and shall be subject to such other terms and conditions, including the exaction of bond, as the district director may deem appropriate. [22 F.R. 9801, Dec. 6, 1957, as amended at 23 F.R. 9124, Nov. 26, 1958] § 247.13 Disposition of Form I-508. If Form I-508 is executed and filed, the duplicate copy thereof shall be filed in the office of the Assistant Commissioner, Administrative Division, and may be made available for inspection by any in. terested officer or agency of the United States. [22 F. R. 9519, Nov. 28, 1957] § 247.14 Surrender of documents. An alien whose status as a permanent resident has 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 having administrative jurisdiction over the office in which the action under this part was taken any documents (such as Form I-151 or any other form of alien-registration receipt card, immigrant identification card, resident alien's border-crossing identification card (Form I-187), certificate of registry, or certificate of lawful entry) in his possession evidencing his former permanent resident status. PART 248-CHANGE OF NONIMMIGRANT CLASSIFICATION Sec. 248.1 Scope of part. 248.2 Application. 248.3 Change of nonimmigrant classification to that under section 101 (a) (15) (H) of the Immigration and Nationality Act. AUTHORITY: The provisions of this Part 248 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 247, 248, 66 Stat. 166, 218; 8 U.S.C. 1101, 1257, 1258. § 248.1 Scope of part. Any 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, may apply to have his nonimmigrant classification changed to any other nonimmigrant classification for which he may be qualified. This section shall not apply to an alien classified as a nonimmigrant under section 101 (a) (15) (D) of the Act, or to an alien classified as a nonimmigrant under section 101 (a) (15) (C) who is within the purview of section 238 (d) of that Act. [27 F.R. 503, Jan. 18, 1962] § 248.2 Application. Application for change of nonimmigrant classification shall be made on Form I-506. The application shall be accompanied by documentary evidence establishing that the applicant has been maintaining his nonimmigrant status and that he is eligible for the change of classification being requested. The original of any Form I-94 issued to the applicant and his passport, unless he is exempted from the passport requirement, shall also be submitted with the application. If the application is granted, the alien's nonimmigrant status under his new classification shall be subject to the terms and conditions applicable generally to such classification and to such other additional terms and conditions, including exaction of bond which the district director deems appropriate to the case, and the district director shall cause a new set of Forms I-94 to be prepared, the original of which shall be delivered to the applicant. When a change of non immigrant classification is granted, the alien shall also be granted a new period of time to remain in the United States without the requirement of filing a separate application and paying a separate fee for an extension of stay. The applicant shall be notified of the decision 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. Neither an application nor fee is required of an alien who seeks reclassification from that of a visitor for pleasure under section 101(a) (15) (B) of the Act to that of a visitor for business under the same section; from classification as a student under section 101(a) (15) (F) (i) of the Act to classification as an accompanying spouse or minor child under (F) (ii) or vice versa; or from classification as a participant under section 101 (a) (15) (J) of the Act to classification as an accompanying spouse or minor child under that section, or vice versa. A request for such a change shall be made in writing to the district director having jurisdiction over the alien's place of temporary sojourn in the United States and shall be accompanied by the documents usually required in support of an application for the classification sought. If the request is granted, a new set of Forms I-94 shall be prepared, the original of which shall be delivered to the alien. An alien classified as a visitor for business under section 101 (a) (15) (B) of the Act need not request a change of classification to remain in the United States temporarily as a visitor for pleasure. [29 F.R. 13243, Sept. 24, 1964] 249.1 Waiver of inadmissibility. Application. 249.2 249.3 FOR Reopening and reconsideration. AUTHORITY: The provisions of this Part 249 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret and apply secs. 212, 249, 66 Stat. 182, as amended, 219, as amended; 8 U.S.C. 1182, 1259. § 249.1 Waiver of inadmissibility. In conjunction with an application under 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 may request a waiver of such ground of inadmissibility pursuant to the provisions of section 212(g) of the Act. [26 F.R. 12114, Dec. 19, 1961] An application by an alien after he has been served with an order to show cause or warrant of arrest shall be made and considered only in proceedings under Part 242 of this chapter. In any other case, an alien who believes that he meets the eligibility requirements enumerated in section 249 of the Act shall apply on Form I-485 to the district director having jurisdiction over his place of residence. The application shall be accompanied by documentary evidence establishing continuous residence in the United States prior to June 28, 1940, or since entry and prior to July 1, 1924. Original documents shall be presented but may later be returned provided copies are furnished with the originals. Documentary evidence may include any records of official or personal transactions or recordings of events occurring during the period of claimed residence. Affidavits of credible witnesses may also be accepted. Women unemployed since marriage and unable to furnish evidence in their own names may furnish evidence in the names of parents or other persons with whom they have been living if affidavits of the parents or other persons are submitted attesting to the residence. The applicant shall be notified of the decision and if the application is denied of the reasons therefor. If the application is granted, a Form I-151, showing that the applicant has acquired the status of an alien lawfully admitted for permanent residence, shall not be issued until the applicant surrenders any other document in his possession evidencing compliance with the alienregistration requirements of former or existing law. No appeal shall lie from the denial of an application by the district director but such denial shall be without prejudice to the alien's right to renew an application in proceedings under Part 242 of this chapter. [29 F.R. 11494, Aug. 11, 1964] § 249.3 Reopening and reconsideration. An applicant who alleged entry 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 to July 1, 1924, was not submitted, may have his case reopened and reconsidered pursuant to § 103.5 of this chapter. Upon the submission of satisfactory evidence, a record of admission as of the date of alleged entry may be created. [29 F.R. 11494, Aug. 11, 1964] |