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CHAPTER IMMIGRATION AND NATURALIZATION

SERVICE, DEPARTMENT OF JUSTICE

Cross REFERENCE: For State Department regulations pertaining to visas and Nationality and Passports, see 22 CFR, Chapter I, Subchapters E and F.

Note: This table shows sections of Title 8 of the United States Code and corresponding sections of the Immigration and Nationality Act and of parts in Subchapters A, B, and C of Chapter I of Title 8 of the Code of Federal Regulations. Those sections of Title 8 of the United States Code bearing an asterisk do not have a corresponding part in Chapter I of Title 8 of the Code of Federal Regulations.

Sections

8 USC
1101*
1102
1103
1104
1105*
1106
1151
1152
1153
1154
1155
1156
1157
1181
1182
1183
1184
1185
1201
1202*
1203
1204
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1251
1252

Sections
I. &N. Act

and
8 CFR

101
102
103
104
105
401
201
202
203
204
205
206
207
211
212
213
214
215
221
222
223
224
231
232
233
234
235
236
237
238
239
240
241
242

Sections

8 USC
1253
1254
1255
1256
1257
1258
1259
1260
1281
1282
1283
1284*
1285*
1286*
1287*
1301
1302
1303
1304
1305
1306
1321
1322*
1323*
1324
1325
1326
1327
1328*
1329*
1330
1351
1352

Sections
I. & N. Act

and
8 CFR

243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
261
262
263
264
265
266
271
272
273
274
275
276
277
278
279
280
281
282
283

Sections

8 USC
1354*
1355
1356*
1357
1358•
1359.
1360°
1361
1362
1401 •
1402*
1403
1404*
1405
1406
1407*
1408*
1409
1421
1422
1423
1424*
1425
1426*
1427
1428
1429
1430
1431*
1432*
1433
1434
1435
1436
1437*

Sections
I. & N. Act

and
8 CFR

284
285
286
287
288
289
290
291
292
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326

Sections

8 USC
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
1453.
1454
1455
1456
1457
1458
1459.
1481
1482
1483
1484
1485*
1486*
1487
1488*
1489*
1501*
1502
1503

Sections 1. & N, Act

and 8 CFR

327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 380

1353

SUBCHAPTER A

GENERAL PROVISIONS

Part
1
2
3

Definitions.
Authority of the commissioner.
Board of Immigration Appeals.

SUBCHAPTER B_IMMIGRATION REGULATIONS

100 101 103 204

205 211 212

213 214 215 221 223 231 232 233 234 235 236 237 238 239

Statement of organization.
Presumption of lawful admission.
Powers and duties of service officers; availability of service records.
Petition to classify alien as immediate relative of a United States citizen or

as a preference immigrant.
Revocation of approval of petitions.
Documentary requirements: immigrants; waivers.
Documentary requirements: nonimmigrants; waivers; admission of certain

inadmissible aliens; parole.
Admission of aliens on giving bond or cash deposit.
Nonimmigrant classes.
Controls upon departure of persons from and entry into the United States.
Admission of visitors or students.
Reentry permits.
Arrival-departure manifests and lists; supporting documents.
Detention for examination to determine mental or physical defects.
Temporary removal for inspection.
Physical and mental examination of arriving aliens.
Inspection of persons applying for admission.
Exclusion of aliens.
Deportation of excluded aliens.
Contracts with transportation lines.
Special provisions relating to aircraft: designation of ports of entry for

aliens arriving by civil aircraft.
Judicial recommendations against deportation.
Proceedings to determine deportability of aliens in the United States:

apprehension, custody, hearing, and appeal.
Deportation of aliens in the United States.
Suspension of deportation and voluntary departure.
Adjustment of status to that of person admitted for permanent residence.
Rescission of adjustment of status.
Adjustment of status of certain resident aliens.
Change of nonimmigrant classification.
Creation of records of lawful admission for permanent residence.
Removal of aliens who have fallen into distress.
Arrival manifests and lists: supporting documents.
Landing of alien crewmen.

241 242

243 244 245 246 247 248 249 250 251 252

Part 253 264 265 274 280 282 287 289 292 299

Parole of alien crewmen.
Registration and fingerprinting of aliens in the United States.
Notices of address.
Aliens; bringing in and harboring.
Imposition and collection of fines.
Forms for sale to public.
Field officers; powers and duties.
American Indians born in Canada.
Representation and appearances.
Immigration forms.

SUBCHAPTER C-NATIONALITY REGULATIONS

306 Special classes of persons who may be naturalized: Virgin Islanders. 312 Educational requirements for naturalization. 316a Residence, physical, presence and absence. 318 Pending deportation proceedings. 319 Special classes of persons who may be naturalized: spouses of United States

citizens. 322 Special classes of persons who may be naturalized: children of citizen parent. 323 Special classes of persons who may be naturalized: children adopted by

United States citizens. 324 Special classes of

persons who

may

be naturalized: women who have lost United States citizenship by marriage. 327 Special classes of persons who may be naturalized: persons who lost United

States citizenship through service in armed forces of foreign country

during World War II. 328 Special classes of persons who may be naturalized: persons with three years

service in Armed Forces of the United States. 329 Special classes of persons who may be naturalized: veterans of the United

States Armed Forces who served during World War I or World War II

or enlisted under Act of June 30, 1950, as amended. 330 Special classes of persons who may be naturalized: seamen. 332 Preliminary investigation of applicants for naturalization and witnesses. 332a Official forms. 332b Instruction and training in citizenship responsibilities: textbooks, schools,

organizations. 332c Photographic studios. 332d Designation of employees to administer oaths and take depositions. 333 Photographs. 334 Petition for naturalization. 334a Declaration of intention. 335 Preliminary examination on petitions for naturalization. 335a Transfer, withdrawal or failure to prosecute petition for naturalization. 335b Proof of qualifications for naturalization: witnesses; depositions.

Part 335c Investigations of petitioners for naturalization. 336 Proceedings before naturalization court. 337 Oath of allegiance. 338 Certificate of naturalization. 339 Functions and duties of clerks of naturalization courts. 340 Revocation of naturalization. 341 Certificates of citizenship. 342 Administrative cancellation of certificates, documents, or records. 343 Certificate of naturalization or repatriation; persons who resumed citizen

ship under section 323 of the Nationality Act of 1940, as amended, or

section 4 of the Act of June 29, 1906. 343a Naturalization and citizenship papers lost, mutilated, or destroyed; new

certificate in changed name; certified copy of repatriation proceedings. 343b Special certificate of naturalization for recognition by a foreign state. 343c Certifications from records. 344 Fees collected by clerks of court. 349 Loss of nationality. 499 Nationality forms.

SUBCHAPTER A GENERAL PROVISIONS

PART 1-DEFINITIONS 8 1.1 Definitions.

As used in this chapter:

(a) The terms defined in section 101 of the Immigration and Nationality Act (66 Stat. 163) shall have the meanings ascribed to them in that section and as supplemented, explained, and further defined in this chapter.

(b) The term “Act” means the Immigration and Nationality Act, as amended.

(c) The term “Service" means the Immigration and Naturalization Service.

(d) The term “Commissioner" means the Commissioner of Immigration and Naturalization.

(e) The term “Board" means the Board of Immigration Appeals.

(f) The term “attorney” means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law.

(g) Unless the context otherwise requires, the term “case” means any proceeding arising under any immigration

or naturalization law, Executive order, or Presidential proclamation, or preparation for or incident to such proceeding, including preliminary steps by any private person or corporation preliminary to the filing of the application or petition by which any proceeding under the jurisdiction of the Service or the Board is initiated.

(h) The term "day" when computing the period of time for taking any action provided in this chapter, including the taking of an appeal, shall include Sundays and legal holidays, except that when the last day of the period so computed falls on a Sunday or a legal holiday, the period shall run until the end of the next day which is neither a Sunday nor a legal holiday.

(i) The term “practice" means the act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with the Service, or any officer of the Service, or the Board.

(j) The term “representative" means a person representing a religious, charitable, social-service, or similar organization established in the United States and recognized as such by the Board, or &

person described in § 292.1 (b), (d), or (b) of this chapter.

(k) The term "preparation,” constituting practice, means the study of the facts of a case and the applicable laws, coupled with the giving of advice, and auxiliary activities, including the incidental drawing up and completion of papers, but does not include the lawful functions of a notary public or service consisting solely of assistance in the completion of blank spaces on printed service forms by one whose remuneration, if any, is nominal and who does not hold himself out as specially qualified in law or in immigration and naturalization procedure. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) (28 F.R. 9115, Nov. 26, 1958, as amended at 30 F.R. 14772, Nov. 30, 1965; 34 F.R. 12213, July 24, 1969)

PART 2_AUTHORITY OF THE

COMMISSIONER $ 2.1 Authority of the Commissioner.

Without divesting the attorney General of any of his powers, privileges, or duties under the immigration and naturalization laws, and except as to the Board, there is delegated to the Commissioner the authority of the Attorney General to direct the administration of the Service and to enforce the act and all other laws relating to the immigration and naturalization of aliens. The Commissioner may issue regulations as deemed necessary or appropriate for the exercise of any authority delegated to him by the Attorney General, and may redelegate any such authority to any other officer or employee of the Service. (Sec. 201, 66 Stat. 173; 8 U.S.C. 1103, Reorg. Plan No. 2 of 1950, 15 F.R. 3173, 3 CFR, 1950 Supp.) (23 F.R. 9117, Nov. 26, 1958)

§ 3.1 Board of Immigration Appeals.

(a) Organization. There shall be in the Department of Justice a Board of Immigration Appeals, which shall be under the supervision and direction of the Attorney General and shall be responsible solely to him. The Board shall consist of a chairman and four other members and shall have attached to it an executive assistant-chief examiner who shall have authority to act as an alternate member. It shall also have attached to it such number of attorneys and other employees as the Attorney General, upon recommendation of the Board, shall from time to time direct. In the absence of the Chairman, a member designated by him shall act as chairman.

(b) Appellate jurisdiction. Appeals shall lie to the Board of Immigration Appeals from the following:

(1) Decisions of special inquiry officers in exclusion cases, as provided in Part 236 of this chapter.

(2) Decisions of special inquiry officers in deportation cases, as provided in Part 242 of this chapter.

(3) Decisions on applications for the exercise of the discretionary authority contained in section 212 (c) of the act, as provided in Part 212 of this chapter.

(4) Decisions involving administrative fines and penalties, including mitigation thereof, as provided in Part 280 of this chapter.

(5) Decisions on petitions filed in accordance with section 204 of the act (except petitions to accord preference classifications under section 203(a) (3) or section 203(a) (6) of the act, or a petition on behalf of a child described in section 101(b) (1) (F) of the act), and decisions on requests for revalidation and decisions revoking the approval of such petitions, in accordance with section 205 of the act, as provided in Parts 204 and 205, respectively, of this chapter.

(6) Decisions on applications for the exercise of the discretionary authority contained in section 212(d) (3) of the act as provided in Part 212 of this chapter.

(7) Determinations relating to hond, parole, or detention of an alien as provided in Part 242 of this chapter.

(8) Decisions of special inquiry officers in rescission of adjustment of status cases, as provided in Part 246 of this chapter.

PART 3-BOARD OF IMMIGRATION

APPEALS Sec. 3.1 Board of Immigration Appeals. 3.2 Reopening or reconsideration. 3.3 Notice of appeal. 3.4 Withdrawal of appeal. 3.5 Forwarding of record on appeal. 3.6 Stay of execution of decision. 3.7 Notice of certification. 3.8 Motion to reopen or motion to recon

sider. AUTHORITY: The provisions of this Part 3 Issued under secs. 103, 292, 66 Stat. 173, 235; 8 U.S.C. 1103, 1362, sec. 2, Reorg. Plan No. 2 of 1950, 15 F.R. 3173, 3 CFR, 1949–1953 Comp., p. 1003, unless otherwise noted.

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