ified in this chapter regarding the conduct of exclusion and expulsion hearings. (i) Immigration officer. Any employee designated as an immigration officer under the provisions of these regulations in effect on November 25, 1958, is an immigration officer under the Act and regulations pursuant thereto until the effective date of this paragraph. On and after the effective date of this paragraph, any immigrant inspector, immigration patrol inspector, pilot, detention officer, investigator, naturalization examiner or supervisory officer of such employees is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specified by the act, or this chapter. [Paragraph (i) added, 24 F.R. 2583, Apr. 3, 1959] § 103.2 Formal applications and petitions. Every formal application or petition shall be filed in accordance with the instructions contained thereon, such instructions being hereby incorporated into the particular section of the regulations requiring its submission. A person or guardian may file on behalf of a son, daughter, or ward under 14 years of age. Any required oath may be administered by an immigration officer or person generally authorized to administer oaths. The decisionrendering Service officer may, in his discretion, require the submission of additional evidence, including blood tests, may require the taking of testimony, and may direct the making of any necessary investigation. Any allegations made in addition to, or in substitution for, those originally made shall be made under oath and filed in the same manner as the original application or petition or noted on the original application or petition and acknowledged under oath thereon. Formal applications or petitions received in any Service office shall be stamped to show the time and date of their actual receipt and shall be regarded as filed when so stamped unless returned because they are improperly executed. Foreign language documents submitted shall be accompanied by certified English translations. § 103.3 Appeals. When an alien or other party affected is entitled to appeal to another Service officer, he shall be given written notice that he may appeal from such decision, and that such appeal may be taken within 15 days after the mailing of the notification of decision, The Commissioner, regional commissioners, associate commissioners, deputy associate commissioners, and assistant commissioners within their respective areas of responsibility, may direct that any case or class of cases be certified for decision. The alien or other party affected shall be given notice on Form I-290c of such certification and of his right to submit a brief within 10 days from receipt of the notice. Cases within the appellate jurisdiction of the Service shall be certified only after an initial decision has been made. In cases within §3.1(b) of this chapter, the decision of the officer to whom certified, whether made initially or upon review, shall constitute the base decision of the Service from which an appeal may be taken to the Board in accordance with the applicable parts of this chapter. [25 F.R. 581, Jan. 23, 1960] § 103.5 Reopening or reconsideration. A proceeding provided for in this chapter may be reopened or the decision made therein reconsidered for proper cause upon motion made by the party affected and granted by the officer who has jurisdiction over the proceeding or who made the decision. When the alien is the moving party, a motion to reopen or a motion to reconsider shall be filed in duplicate, accompanied by a supporting brief, if any, and the appropriate fee specified by and remitted in accordance with the provisions of § 103.7, with the district director in whose district the proceeding was conducted for transmittal to the officer having jurisdiction. When an officer of the Service is the moving party, a copy of the motion shall be served on the alien or other party in interest and the motion, together with proof of service, shall be filed directly with the officer having jurisdiction. The party opposing the motion shall have 10 days from the date of service thereof within which he may submit a brief, which period may be extended. If the officer who originally decided the case is unavailable, the motion may be referred to another officer. A motion to reopen shall state the new facts to be proved at the reopened hearing and shall be supported by affidavits or other evidentiary material. A motion to reconsider shall state the reasons for reconsideration and shall be supported by such precedent decisions as are pertinent. Rulings upon motions to reopen or motions to reconsider shall be by written decision. CODIFICATION: In § 103.5, the designation and headnote "(a) General" were deleted and the second sentence was amended, 25 F.R. 581, Jan. 23, 1960. § 103.6 Immigration bonds-(a) Acceptable sureties. Except when cash is deposited pursuant to Part 213 of this chapter, only a company holding a certificate from the Secretary of the Treasury under 6 U. S. C. 6–13 as an acceptable surety on Federal bonds, or a surety who deposits United States bonds or notes of the class described in 6 U. S. C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within one year from the date they are offered for deposit is an acceptable surety. (b) Extension agreements; consent of surety; collateral security. A district director is authorized to approve a bond which is prepared on a form approved by the Commissioner, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his approved attorney in fact, shall be forwarded to the regional commissioner for approval. [Paragraph (b) amended, 24 F.R. 3790, May 12, 1959] (c) Violation of conditions; cancellation. The district director having jurisdiction over the place where the bond is retained shall finally determine whether bond a shall be declared breached or cancelled, and shall notify the obligors in writing on Form I-391 or Form I-323 of his decision. § 103.7 Records and fees-(a) Authority to release information and certify records. The Commissioner, regional commissioners, associate commissioners, deputy associate com missioners, assistant commissioners, the General Counsel, and district directors may furnish, upon application therefor, copies of Service records, or information therefrom, and may certify that any record is a true copy. The Chief, Records Administration and Information Branch, Central Office, may certify as to the nonexistence in the records of the Service of an official record. There shall be paid in advance for furnishing any person or agency (other than an officer or agency of the United States or of any State or any subdivision thereof for official use) copies of any part of, or information from, the records of the Service, a fee of 25 cents per folio of one hundred words or fraction thereof, with a minimum fee of 50 cents for any such service; an additional fee of $1.00 is required for certification under seal. (b) Remittances. Fees shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or regulation. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefor, the district director having jurisdiction over the place where the original proceeding was conducted shall require the filing of the application and the payment of the fee. Every remittance shall be accepted subject to collection. A receipt issued by a Service officer for any such remittance shall not be binding if the remittance is found uncollectible. Fees in the form of postage stamps shall not be accepted. Remittances shall be made payable to the "Immigration and Naturalization Service, Department of Justice," except that in the case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the "Commissioner of Finance of the Virgin Islands," and, in the case of applicants residing in Guam, the remittances shall be made payable to the "Treasurer, Guam." (c) Additional fees. In addition to the fees enumerated in sections 281 and 344 of the act, the following fees and charges are prescribed: For an annual table on "Passenger Travel Reports via Sea and Air". $0.20 For set of six annual tables entitled "Passenger Travel Reports via Sea and Air". For filing application for alien laborer's permit in lieu of one lost, mutilated, or destroyed__ __ 1.00 1.00 $3.00 5.00 For search of arrival record for personal benefit___ For filing application for alien registration receipt card in lieu of one lost, mutilated, or destroyed, or in changed name, or in lieu of form other than Form I-151____ For filing application for permission to reapply for excluded or deported allens, aliens who have fallen into distress and have been removed, aliens who have been removed as alien enemies, or aliens who have been removed at Government expense in lieu of deportation___. For filing application for certificate of citizenship under section 309 (c) --- 5.00 For filing application for passport or visa waiver prior to or at the time application is made for temporary admission to the United States____1 10.00 For filing application for visa waiver when application is made for admission as a returning resident_______ 1 10.00 For filing application for passport waiver prior to or at the time application is made for permanent admission_-_ 5.00 1 10.00 10.00 For filing application for section 316 (b) or 317 benefits____ For filing appeal from, or motion to reopen or reconsider, any decision under the immigration laws, except an exclusion or deportation proceeding. (The minimum fee of $10 shall be charged whenever an appeal or motion is filed by or on behalf of two or more aliens and all such aliens are covered by one decision.) ---For filing application for waiver of grounds for exclusion contained in section 212 (a) (14) of the act----- 10.00 For annual subscription for "Passen 10.00 ger Travel Reports via Sea and Air" 10.00 For filing petition to accord nonquota status to eligible orphan under section 4 of the Act of September 11, 1957, as amended______ 10. 00 For filing appeal from, or a motion to reopen or reconsider, a decision in an exclusion or deportation proceeding. (The minimum fee of $25 shall be charged whenever an appeal or motion is filed by or on behalf of two or more aliens and all such aliens are covered by one decision.) 25.00 For filing application for school approval--- For filing application for discretionary 1 Plus communication costs. The petition required by section 204 of the Act shall be filed on a separate Form I-130 for each beneficiary and shall be accompanied by a fee of $10. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 203, 204, 66 Stat. 166, 178, 179; 8 U.S.C. 1101, 1153, 1154) [24 F.R. 4365, May 30, 1959] NOTE: $204.1 supersedes former §§ 204.1 and 204.2. PART 205-PETITION FOR IMMIGRANT STATUS AS RELATIVE OF UNITED STATES CITIZEN, LAWFUL RESIDENT ALIEN, OR ELIGIBLE ORPHAN [REVISED] 1 25.00 25.00 Sec. 25.00 The petition required by section 205 of the Act shall be filed on a separate Form I-130 for each beneficiary and shall be accompanied by a fee of $10. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of his right to appeal to the Board within 15 days after mailing of the notification of the decision in accordance with the provisions of Part 3 of this chapter. [24 F.R. 4365, May 30, 1959] Prior Amendments 1958: 23 F.R. 9122, Nov. 26. A petition § 205.2 Eligible orphan. by a United States citizen and spouse under section 4 (b) (2) (B) of the act of September 11, 1957, shall be filed on Form I-600. The petitioners shall be notified of the decision and if the petition is denied of the reasons therefor and of their right to appeal in accordance with the provisions of Part 103 of this chapter. CODIFICATION: § 205.2 was added, 23 F. R. 163, Jan. 9, 1958. Subsequently, the last sentence was amended to read as set forth above, 23 F. R. 9122, Nov. 26, 1958. 206.21 206.22 § 206.1 Notice of revocation. [Revoked] Revocation on notice; procedure. [Superseded] Notice of revocation. [Revoked] Automatic revocation. The approval of a petition made under sections 204, 205, or 214 (c) of the Act and in accordance with Parts 204, 205, or 214 of this chapter is revoked as of the date of approval in any of the following circumstances: (a) Sections 204 and 214(c). As to a petition approved under section 204 or 214 (c) of the Act: (1) The beneficiary is an alien seeking classification under section 101(a) (27) (F) (i) of the Act and is not issued a visa under the classification approved within one year of the date on which the petition was approved. (2) The beneficiary is an alien seeking classification under section 203 (a) (1) (A) of the Act and is not issued a visa on or prior to the expiration date of approval shown on the approved petition. (3) The beneficiary is an alien seeking classification as a nonimmigrant under section 101 (a) (15) (H) of the Act and is not issued a visa on or prior to the expiration date of approval shown on the approved petition. (4) The petitioner dies, goes out of business, or files a written withdrawal of the petition before the beneficiary's journey to the United States commences. (b) Section 205. As to a petition approved under section 205 of the Act: (1) Upon formal notice of withdrawal filed by the petitioner with the officer who approved the petition. (2) Upon the death of the petitioner relationship of husband and wife when or beneficiary. (3) Upon the legal termination of the a petition has accorded status as the spouse of a citizen or lawful resident alien, respectively, under section 101 (a) (27) (A), or section 203 (a)(3) of the Act. (4) Upon a beneficiary accorded nonquota status as the child of a United States citizen reaching the age of twenty-one, except that such petition is valid to accord a status under section 203 (a) (2) of the Act if the beneficiary remains unmarried, and a status under section 203 (a) (4) of the Act in the event of marriage, for a period of three years from the date of initial approval or last revalidation. (5) Upon the marriage of a beneficiary accorded a status as a son or daughter of a United States citizen under section 203 (a) (2) of the Act, except that such petition is valid to accord a status under section 203 (a) (4) of the Act for a period of three years from the date of initial approval or last revalidation. (6) Upon the marriage of a beneficiary accorded a status as a son or daughter of a lawful resident alien under section 203(a)(3) of the Act. (7) Upon the expiration of three years from the date of initial approval or last revalidation. (c) Revalidation. Any petition approved under section 204 or 205 of the 61012-61-5 Page 17 Act, which was automatically revoked by failure to obtain a visa within the prescribed period of time, may be revalidated by a district director, in his discretion, retroactively as of the date of the initial approval. (d) Notice. When it shall appear to a district director that the approval of a petition has been automatically revoked, he shall cause a notice of such revocation to be sent promptly to the consular office having jurisdiction over the visa application and a copy of such notice to be mailed to the petitioner's last known address. CODIFICATION: § 206.1 revised, 24 F.R. 6476, Aug. 12, 1959. Subsequently, paragraph (b) amended, 24 F.R. 8359, Oct. 15, 1959. Prior Amendments 1958: 23 F.R. 5815, Aug. 1. § 206.2 Revocation on notice. CODIFICATION: In § 206.2 the reference "214h" was changed to "214", 23 F. R. 5815, Aug. 1, 1958. § 206.3 Procedure. Revocation of approval of a petition under § 206.2 shall be made only upon notice to the petitioner who shall be given an opportunity to offer evidence in support of the petition and in opposition to the grounds alleged for revocation of the approval. If upon reconsideration the approval previously granted is revoked, the petitioner shall be informed of the decision with the reasons therefor and shall have 15 days after the mailing of the notification of decision within which to appeal as provided in Part 3 of this chapter if the petition initially was approved for classification under section 205 of the act, or as provided in Part 103 of this chapter if the petition initially was approved for classification under section 204 or 214 (c) of the act, and the consular office having jurisdiction over the visa application shall be notified of the revocation. CODIFICATION: § 206.3 was added, 23 F. R. 5815, Aug. 1, 1958. Subsequently, the last sentence was amended to read as set forth above, 23 F. R. 9122, Nov. 26, 1958. § 206.11 Notice of revocation. voked, 23 F. R. 5815, Aug. 1, 1958] [Re A valid unexpired immigrant visa shall be presented by each arriving immigrant alien except an immigrant who (a) was born subsequent to the issuance of an immigrant visa to his accompanying parent and applies for admission during the validity of such a visa, or (b) is returning to an unrelinquished lawful permanent residence after a temporary absence abroad in any places except Albania and Communist portions of China, Korea, and Viet-Nam (1) not exceeding one year and presents a Form I-151 alien registration receipt card duly issued to him, or (2) and presents a valid unexpired reentry permit duly issued to him, or (3) and is the spouse or child of, and has been residing abroad with, a member of the Armed Forces of the United States stationed abroad pursuant to official orders, or (4) and satisfies the district director in charge of the port of entry that there is good cause for the failure to present the required document, in which case an application for waiver shall be made on Form I-193. Form I-151 alien registration receipt card shall be invalid under this section when presented by an alien who during his temporary absence abroad travelled to, in, or through Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, the Soviet Zone of Germany ("German Democratic Republic"), the Union of Soviet Socialist Republics, or Yugoslavia. CODIFICATION: § 211.1 was revised, 25 F.R. 8051, Aug. 20, 1960. The last sentence set forth above was added, 25 F.R. 12290, Dec. 1, 1960. Prior Amendments 1959: 24 F.R. 2583, Apr. 3. |