CHAPTER I-IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE CROSS REFERENCE: For State Department regulations pertaining to visas and Nationality NOTE: This table shows sections of Title 8 of the United States Code and corresponding SUBCHAPTER A- GENERAL PROVISIONS Part 123 100 101 103 204 205 211 212 213 214 215 221 223 231 Definitions. Authority of the commissioner. Board of Immigration Appeals. SUBCHAPTER B-IMMIGRATION REGULATIONS 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 Admission of aliens on giving bond or cash deposit. 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. 232 Detention for examination to determine mental or physical defects. Temporary removal for inspection. 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. Adjustment of status of certain resident aliens. 248 Change of nonimmigrant classification. 249 Creation of records of lawful admission for permanent residence. 250 Removal of aliens who have fallen into distress. 251 252 Arrival manifests and lists: supporting documents. Part 253 264 Parole of alien crewmen. Registration and fingerprinting of aliens in the United States. 306 312 American Indians born in Canada. Representation and appearances. Immigration forms. SUBCHAPTER C-NATIONALITY REGULATIONS Special classes of persons who may be naturalized: Virgin Islanders. 316a Residence, physical, presence and absence. 319 322 323 324 327 328 329 330 332 Special classes of persons who may be naturalized: spouses of United States Special classes of persons who may be naturalized: children of citizen parent. Special classes of persons who may be naturalized: women who have lost Special classes of persons who may be naturalized: persons who lost United Special classes of persons who may be naturalized: persons with three years service in Armed Forces of the United States. 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. Special classes of persons who may be naturalized: seamen. 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. Preliminary examination on petitions for naturalization. 335a Transfer, withdrawal or failure to prosecute petition for naturalization. 335b Proof of qualifications for naturalization: witnesses; depositions. 342 343 Administrative cancellation of certificates, documents, or records. Certificate of naturalization or repatriation; persons who resumed citizenship 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. Certifications from records. 343c 344 349 499 Fees collected by clerks of court. Loss of nationality. Nationality forms. SUBCHAPTER A-GENERAL PROVISIONS 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 of 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 a person described in § 292.1 (b), (d), or (h) 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. PART 2-AUTHORITY OF THE § 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 FR. 9117, Nov. 26, 1958] 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. §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 bond, 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. |