§ 292.4 Appearances. (a) Form G-28. An appearance shall be filed on Form C-28 by the attorney or representative appearing in each case. Thereafter, substitution may be permitted upon the written withdrawal of the attorney or representative of record or upon notification of the new attorney or representative. When an appearance is made by a person acting in a representative capacity, his personal appearance or signature shall constitute a representation that under the provisions of this chapter he is authorized and qualified to represent. Further proof of authority to act in a representative capacity may be required. (b) Availability of records. During the time a case is pending, and except as otherwise provided in § 103.2 (b) of this chapter, a party to a proceeding or his attorney or representative shall be permitted to examine the record of proceeding in a Service office. He may, in conformity with § 103.10 of this chapter, obtain copies of Service records or information therefrom and copies of documents or transcripts of evidence furnished by him. Upon request, he may, in addition, be loaned a copy of the testimony and exhibits contained in the record of proceeding upon giving his receipt for such copies and pledging that it will be surrendered upon final disposition of the case or upon demand. If extra copies of exhibits do not exist, they shall not be furnished free on loan; however, they shall be made available for copying or purchase of copies as provided in § 103.10 of this chapter. [23 F.R. 2673, Apr. 23, 1958, as amended at 32 F.R. 9633, July 4, 1967] § 292.5 Service upon and action by at torney or representative of record. (a) Representative capacity. Whenever a person is required by any of the provisions of this chapter to give or be given notice; to serve or be served with any paper other than a warrant of arrest or a subpoena; to make a motion; to file or submit an application or other document; or to perform or waive the performance of any act, such notice, service, motion, filing, submission, performance, or waiver shall be given by or to, served by or upon, made by, or requested of, the attorney or representative of record, or the person himself if unrepresented. Except where otherwise specifically provided in this chapter, whenever a notice, decision, or other paper is required to be given or served, it shall be done by personal service or by first class, certified, or registered mail upon the attorney or representative of record or upon the person himself if unrepresented. (b) Right to representation. Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative who, except as otherwise specifically provided in Part 332 of this chapter, shall be permitted to examine or cross-examine such person and witnesses, to introduce evidence, to make objections which shall be stated succinctly and entered on the record, and to submit briefs. [23 F.R. 2673, Apr. 23, 1958, as amended at 34 F.R. 12213, July 24, 1969] § 292.6 Interpretation. Interpretations of this part will be made by the Board of Immigration Appeals, subject to the provisions of Part 3 of this chapter. [32 F.R. 9633, July 4, 1967] The following forms are hereby prescribed by the Attorney General for use in compliance with the provisions of Subchapters A and B of this chapter: Form No. Title and description 7507---- Bureau of Customs' General Declaration. AR-4---- Alien Registration Fingerprint AR-11- Alien's Change of Address Card. (Part I-Statement of Qualifica- FD-258-- Applicant card. Alien for Replacement of Arrival Document or for Alien Registration. I-122--- Notice to Applicant for Admission Detained for Hearing Before Special Inquiry Officer. I-126- Annual Report of Status by Treaty Trader of Investor. I-129B. Petition to Classify Nonimmigrant as Temporary Worker or Trainee. I-130--- Petition to Classify Status of Allen Relative for Issuance of Immigrant Visa. I-131---- Application for Permit to Reenter the United States. I-134---- Affidavit of Support. I-138_. Subpoena. I-140--- I-148. Petition to Classify Preference Status of Alien on Basis of Profession or Occupation. Application for Extension of Permit To Reenter the United States. I-147- Notice of Temporary Exclusion from United States. I-184 Alien crewman landing permit and identification card. I-185---- Nonresident Alien Canadian Border Crossing Card. I-186--- Nonresident Alien Mexican Border Crossing Card. I-190---- Application for Nonresident Alien Mexican Border Crossing Card. I-191--- Application for Advance Permission to Return to Unrelinquished Domicile. I-192---- Application for Advance Permission to Enter as Nonimmigrant. I-193---- Application for Waiver of Passport and/or Visa. I-196---- Application for U.S. Citizen Identification Card. I-197---- U.S. Citizen Identification Card. I-212---- Application for Permission to Reapply for Admission into the United States After Deportation or Removal. I-221--- Order to Show Cause and Notice of Hearing. I-243---- Application for Removal. Application for Stay of Deporta- I-246A--- Application for Suspension of De portation. I-259--- Notice to Detain, Deport, Remove or Present Aliens. I-259A__ Agreement by Transportation Line to Assume Responsibility for Removal of Aliens. (One-time basis) I-259B--- Agreement by Transportation Line to Assume Responsibility for Removal of Aliens. (Continuing basis) I-260---- Notice to Take Testimony of Wit ness. I-284---- Notice to transportation line regarding deportation and detention expenses of detained alien. I-286____ Notification to Alien of Conditions of Release or Detention. I-287---- Special Care and Attention for Alien. I-288---- Notice to Transportation Line Regarding Deportation Expenses of Alien Completely Ready for Deportation. I-290A-- Notice of Appeal to the Board of Immigration Appeals. I-421 Agreement (Overseas) Between Transportation Line and United I-425- Agreement for Preinspection at I-485- Application for status as permament resident. I-485A--- Application by Cuban Refugee for Permanent residence. I-506--- Application for Change of Nonimmigrant Status. I-508--- Waiver of Rights, Privileges, Exemptions, and Immunities. I-509 Notice to Alien of Proposed Change from Lawfully Admitted for Permanent Residence to Nonimmigrant. I-510- Guarantee of Payment. I-538--- Application by Nonimmigrant F-1 I-550---- Application for Verification of Last N-585--- Application for Information from or Copies of Immigration and Naturalization Records. I-590A-- Application for Classification as a Refugee under the Proviso to Section 203 (a) (7), Immigration and Nationality Act. I-591---- Assurance by a U.S. Sponsor in Behalf of an Applicant for Conditional Entry. I-592--- Declaration of Conditional En- I-601 Application for Waiver of Grounds of Excludability under section 212(f), (g), or (h) of the Immigration and Nationality Act. I-612--- Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, as amended. ICAO International Civil Aviation Orga- Mexican Border Visitors Permit. NOTE: For changes to this section, see "List of Sections Affected." § 299.2 Forms available from the Superintendent of documents. The folowing forms required for compliance with the provisions of subchapter B of this chapter may be obtained, upon prepayment, from the Superintendent of Documents, Government Printing Office, Washington, D.C.: G-28, I-20, I-92, I-94, I-95, I-129B, I-130, I131, I-140, I-408, and I-418. A small supply of those forms shall be set aside by immigration officers for free distribution and official use. [27 F.R. 5653, June 14, 1962, as amended at; 34 F.R. 5630, Mar. 26, 1969] § 299.3 Reproduction of forms by private parties. The following forms required for compliance with the provisions of subchapter B of this chapter may be printed or otherwise reproduced by an appropriate duplicating process by private parties at their own expense: I-20, I-92, I-94, I-95, I-408, and I-418. Forms printed or reproduced by private parties shall conform to the officially printed forms currently in use with respect size, wording and language, arrangement, style and size of type, and paper specifications. Such forms shall be printed or otherwise duplicated in black ink or dye that will not fade or "feather" within 20 years. [27 F.R. 503, Jan. 18, 1962, as amended at 31 F.R. 15322, Dec. 7, 1966; 34 F.R. 5630, Mar. 26, 1969] SUBCHAPTER C-NATIONALITY REGULATIONS PART 306-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VIRGIN ISLANDERS Sec. 306.1 Persons eligible. 306.2 United States citizenship; when acquired. 306.11 Preliminary application form; filing; examination. 306.12 Renunciation forms; disposition. AUTHORITY: The provisions of this Part 306 issued under secs. 103, 306, 332, 66 Stat. 173, 237, 252; 8 U.S.C. 1103, 1406, 1443. SOURCE: The provisions of this Part 306 appear at 22 F.R. 9812, Dec. 6, 1957. § 306.1 Persons eligible. Any Danish citizen who resided in the Virgin Islands of the United States on January 17, 1917, and in those Islands, Puerto Rico, or the United States on February 25, 1927, and who had preserved his Danish citizenship by making the declaration prescribed by Article VI of the treaty entered into between the United States and Denmark on August 4, 1916, and proclaimed January 25, 1917, may renounce his Danish citizenship before any court of record in the United States irrespective of his place of residence, in accordance with the provisions of this part. $306.2 United States citizenship; when acquired. Immediately upon making the declaration of renunciation as described in § 306.12 the declarant shall be deemed to be a citizen of the United States. No certificate of naturalization or of citizenship shall be issued by the clerk of court to any person obtaining, or who has obtained citizenship solely under section 306 (a) (1) of the Immigration and Nationality Act or under section 1 of the act of February 25, 1927. The renunciation shall be made and executed by the applicant under oath, in duplicate, on Form N-351 and filed in the office of the clerk of court. The usual procedural requirements of the Immigration and Nationality Act shall not apply to proceedings under this part. The fee shall be fixed by the court or the clerk thereof in accordance with the law and rules of the court, and no accounting therefor shall be required to be made to the Service. The clerk shall retain the original of Form N-351 as the court record and forward the duplicate to the district director exercising administrative naturalization jurisdiction over the area in which the court is located.. § 312.1 Literacy requirements. The ability of a petitioner to speak English shall be determined from answers to questions normally asked in the course of the preliminary investigation and preliminary examination. A petitioner's ability to read and write English shall be tested by excerpts from one or more parts of the Federal Textbooks on Citizenship written at the elementary literacy level. These textbooks may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, and are available at certain public educational institutions. The matter written by a petitioner shall be retained in his file. § 312.2 Knowledge of history and Government of the United States. The test of a petitioner's knowledge of the history and form of government of the United States shall be given in the English language unless he is exempt from speaking English. The scope of the testing shall be limited primarily to subject matters covered in the Federal Textbooks on Citizenship. In choosing the subject matters and in phrasing questions, due consideration shall be given to the extent of the petitioner's education, background, age, length of residence in the United States, opportunities available and efforts made to acquire the requisite knowledge, and any other elements or factors relevant to an appraisal of the adequacy of his knowledge and understanding. § 312.3 Petitions pending for 1 year. A petitioner for naturalization shall be given three opportunities to meet the educational and literacy requirements: The first when the petition is filed; the second approximately 6 months later; and the third approximately 6 months thereafter, at or before the final hearing. However, a designated examiner may schedule a reexamination at an earlier time when he believes the intelligence and educational background of the petitioner so warrants; or, in anticipation of an imminent final hearing in a court having only one or two hearings a year, if he believes the petitioner may be able to qualify. In the discretion of a supervisory officer, opportunities beyond the period of 1 year may be afforded if the petitioner was unable to appear for reexamination because of illness or other sufficient cause or when continuing bona fide efforts indicate that the petitioner may qualify within a reasonable period of time. Sec. 316a.4 Im International Organizations munities Act designations. 316a.21 Application for benefits with respect to absences; appeal. AUTHORITY: The provisions of this Part 316a issued under secs. 103, 316, 317, 332, 405, 66 Stat. 173, 242, 243, 252, 280; 8 U.S.C. 1103, 1427, 1428, 1443, 1101 note. § 316a.1 Absence for which benefits of section 307(b) or 308 of the Nationality Act of 1940 have been granted; effect on continuous residence requirement. No absence from the United States which commenced prior to the effective date of the Immigration and Nationality Act, whether or not it continued beyond that date, in connection with which an application for exemption from the usual residence requirements under the naturalization laws was made under section 307 (b) or 308 of the Nationality Act of 1940 and acted upon favorably by the Attorney General, shall be regarded as having broken the continuity of residence required by section 316 (a) of the Immigration and Nationality Act, provided that satisfactory proof that the absence was for a purpose described in section 307 (b) or 308 of the Nationality Act of 1940, is presented to the court, and provided that the provisions of section 316 (a) of the Immigration and Nationality Act are otherwise complied with. [22 F.R. 9813, Dec. 6, 1957] § 316a.2 American institutions of re search. The following-listed organizations have been determined to be American institutions of research recognized by the Attorney General: Albert Einstein College of Medicine of Yeshiva University (only in relationship to its research programs). American Friends of the Middle East, Inc. American Institutes of Research in the Behavioral Sciences (only in relationship to research projects abroad). American Universities Field Staff, Inc. American University, The, Cairo, Egypt. American University of Beirut (Near East College Associations). Arctic Institute of North America, Inc. Armour Research Foundation of Illinois Institute of Technology. Asia Foundation, The (formerly Committee for a Free Asia, Inc.). Atomic Bomb Casualty Commission. |