(Aircraft/Vessel Report) setting forth each port of disembarkation and the number of passengers (including U.S. citizens) destined thereto shall be submitted by the carrier to the immigration officer at the last port of departure in the United States. For vessels that are not given such advance permission, the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a fully executed Form I-94 for each alien passenger except an alien permanent resident of the United States, a Canadian citizen, or a British subject residing in Canada or Bermuda. For departing alien nonimmigrants the Form I-94 given the alien at the time of his last admission to the United States should be utilized. Any alien registration receipt card on Form I-151 surrendered pursuant to Part 264 of this chapter shall be attached to the manifest. The presentation of the departure manifest on vessels making regularly scheduled voyages to and from the United States may be deferred as follows: The Forms I-94 of departing nonimmigrant aliens, together with the name of the vessel and the date and place of departure, shall be presented to the immigration officer at the port of departure within 96 hours from the time of departure exclusive of Saturdays, Sundays, and legal holidays. On those vessels using the Form I-94 manifest, the Forms I94 of all departing passengers, other than United States citizens and nonimmigrant aliens, shall be presented to the immigration officer at the port of departure within 30 calendar days from date of departure. On vessels using the Form I-418 manifest, the Forms I-418, appropriately noted to show prior submission of Forms I-94, shall be presented to the immigration officer at the port of departure within 30 calendar days from date of departure. In the event a Form I-94 for a departing nonimmigrant alien is not submitted within the aforementioned 96 hour period, a completed Form I-94 for that person shall be attached to and shall be subinitted with the departure manifest, accompanied by an explanation as to why timely presentation was not made; for good cause shown, such submission shall not be

regarded as lack of compliance with section 231(d) of the Act.

(b) Aircraft. The captain or agent of every aircraft departing from the United States for a foreign place or an outlying possession of the United States, except one departing directly to Canada on a flight terminating in that country or one departing from the Virgin Islands of the United States directly to the British Virgin Islands on a flight terminating in the latter islands, must present a manifest of all alien passengers on board. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) setting forth each port of disembarkation and the number of passengers (including U.S. citizens) destined thereto shall be submitted by the carrier to the immigration officer at the last port of departure in the United States. Aircraft departing on regularly scheduled flights from the United States may defer presentation for a period not in excess of 48 hours. The manifest shall be in the form of a Bureau of Customs Form 7507 or the International Civil Aviation Organization's General Declaration, a Form I-92 and a separate arrival-departure card (Form I-94) for each alien passenger, except a through flight passenger for whom an arrivaldeparture card was not prepared upon arrival. An alien nonimmigrant departing on an aircraft proceeding directly to Canada on a flight terminating in that country should surrender any Form I-94 in his possession to the airline agent at the port of departure or to the Canadian immigration officer at the port of arrival in that country.

(c) Departure Forms I-94. When used either as an attachment to a departure manifest on Form I-418 or as the basic departure manifest, the Form I-94 executed on its face to reflect the items required by § 231.1(d) for each class of arriving passengers, shall have the "departure record" information endorsed on the reverse by the carrier.

[32 FR 9627, July 4, 1967, and 32 FR 11517, Aug. 10, 1967, as amended at 34 FR 2602, Feb. 26, 1969]

requests a medical examination of an alien, the examination shall be made by a medical officer of the U.S. Public Health Service, or by a civil surgeon if a medical officer of the U.S. Public Health Service is not located within a reasonable distance or is otherwise not available.

(b) Selection of civil surgeons. When a civil surgeon is to perform the examination, he shall be selected by the district director having jurisdiction over the area of the alien's residence. The district director shall select as

many civil surgeons, including clinics employing qualified civil surgeons, as he determines to be necessary to serve the needs of the Service in a locality under his jurisdiction. Each civil surgeon selected shall be a licensed physician with no less than 4 years' professional experience. Officers of local health departments and medical societies may be consulted to obtain the names of competent surgeons and clinics willing to make the examinations. An understanding shall be reached with respect to the fee which the surgeon or clinic will charge for the examination. The alien shall pay the fee agreed upon directly to the surgeon making the examination.

(c) Civil surgeon reports. (1) Applicants for status of permanent resident. When an applicant for status as a permanent resident is found upon examination to be free of any defect, disease, or disability listed in section 212(a) of the Act, the civil surgeon shall endorse Form I-486A, Medical Examination and Immigration Interview, and forward it with X-ray and other pertinent laboratory reports to the immigration office by which the alien was referred. The immigration office may return such X-ray and laboratory reports to the alien. If the applicant is found to be afflicted with such defect, disease or disability, the civil surgeon shall complete Form FS398, in duplicate, and forward it with Form I-486A, X-ray, and other pertinent laboratory reports to the immigration office by which the alien was referred. If the applicant is found to be afflicted with active tuberculosis and a waiver is granted pursuant to section 212(g) of the Act, the immigration office shall forward a copy of the

completed Form I-601 (Application for Waiver of Grounds of Excludability) and a copy of the Form FS-398 to the Chief, Quarantine Branch, Bureau of Epidemiology, Center for Disease Control, Atlanta, Georgia 30333. If the alien is found to be mentally retarded or to have had one or more previous attacks of insanity, and he applies for a waiver of excludability pursuant to section 212(g) of the Act, the immigration office shall submit to the Chief, Quarantine Branch, Bureau of Epidemiology the completed Form I-601, including a copy of the medical report specified in the instructions attached to that form, and a copy of Form FS398; that official will review the medical report and advise the Service whether it is acceptable, in accordance with § 212.7(b)(2)(ii) of this chapter. In any other case where the applicant has been found to be afflicted with active or inactive tuberculosis or an infectious or noninfectious leprosy condition, the immigration office shall forward to the Chief, Quarantine Branch, Bureau of Epidemiology, a copy of Form FS-398 with the applicant's address endorsed on the reverse thereof.

(2) Other aliens. The results of the examination of an alien who is not an applicant for status as a permanent resident shall be entered on Form I141, Medical Certificate, in duplicate. This form shall be returned to the Service office by which the alien was referred.

(d) U.S. Public Health Service hospital and outpatient clinic reports. When an applicant for a benefit under the immigration laws, other than an applicant for status as a permanent resident, is examined by a medical officer of the U.S. Public Health Service, the results of the examination shall be entered on Form I-141, Medical Certificate, in duplicate. The form shall be returned to the Service office by which the alien was referred.

(Secs. 103, 234, 66 Stat. 173, 198 (8 U.S.C. 1103, 1224)).

[38 FR 33061, Nov. 30, 1973]

§ 235.1 Scope of examination.

(a) General. Application to enter the United States shall be made in person to an immigration officer at a U.S. port of entry enumerated in Part 100 of this chapter at a time when the immigration office at the port is open for inspection.

(b) U.S. citizens. A person claiming U.S. citizenship must establish that fact to the examining immigration officer's satisfaction and must present a U.S. passport if such passport is required under the provisions of 22 CFR Part 53. If such an applicant for admission fails to satisfy the examining immigration officer that he is a U.S. citizen, he shall thereafter be inspected as an alien.

(c) Alien members of U.S. Armed Forces and members of a force of a NATO country. An alien member of the U.S. Armed Forces who is in the uniform of, or bears documents identifying him as a member of such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces is not subject to the exclusion provisions of the Act and a member of the force of a NATO country signatory to Article III of the Status of Forces Agreement seeking to enter the United States under official orders is exempt from the control provisions of the Act. An alien who is a member of either of the foregoing classes may, upon request, be inspected under the provisions of the Act by

an immigration officer and if found admissible under the provisions of the Act, his entry as an alien shall be recorded. If such an alien does not appear to the examining immigration officer to be clearly and beyond a doubt entitled to enter the United States under the provisions of the Act, the alien shall be so informed and his entry shall not be recorded.

(d) Qualifications for aliens. The following general qualifications and requirements shall be met by an alien seeking to enter the United States regardless of whether he seeks to enter for permanent, indefinite, or temporary stay, and regardless of the purpose for which he seeks to enter: He shall present whatever documents are required and shall establish to the satisfaction of the immigration officer that he is not subject to exclusion under the immigration laws. Executive orders, or Presidential Proclamations and is entitled under all of the applicable provisions of the immigration laws and this chapter to enter the United States. For the purpose of this part, any coming to a U.S. port from a foreign port, from an outlying possession of the United States, from Guam, Puerto Rico, or the Virgin Islands of the United States or from another port of the United States at which examination under this part was not completed shall be regarded as an arrival. Any person, including an alien crewman, passing through the Canal Zone on board a vessel which enters and clears at the Canal Zone port only to transit the Zone, to refuel, or to land passengers or crewmen for medical treatment, shall not be regarded as coming from a foreign port solely by reason of such passage. Any person, including an alien crewman, on board a vessel which after arrival at a U.S. port of entry passes the Great Lakes seaway en route to another U.S. port and which enters and clears at points in Canada only to transit the seaway, to refuel, or to land passengers or crewman for medical treatment, shall not be regarded as coming from a foreign port solely by reason of such passage. Any person, including an alien crewman, on board a vessel en route from one U.S. port to another U.S. port shall not be regarded as coming

from a foreign port solely by reason of the vessel's stop at Freeport, Bahamas, for bunkering only.

(e) U.S. citizens, Canadian nationals, and other residents of Canada having a common nationality with Canadians, entering the United States by small craft. Upon being inspected by an immigration officer and found eligible for admission as a citizen of the United States, or in the case of a Canadian national or other resident of Canada having a common nationality with Canadians being found eligible for admission as a temporary visitor for pleasure, a person who desires to enter the United States from Canada in a small pleasure craft of less than 5 net tons without merchandise may be issued, without application or fee, Form I-68, Canadian Border Boat Landing Card, and may thereafter enter the United States along the immediate shore area of the United States on the body of water designated on the Form I-68 from time to time for the duration of that navigation season without further inspection. In the case of a Canadian national or other resident of Canada having a common nationality with Canadians, the Form I-68 shall be valid only for the purpose of visits of less than 24 hours and only if the alien will not proceed beyond the immediate shore area of the United States bordering on a lake or river lying between the United States and Canada. If the bearer of Form I-68 seeks to enter the United States by means other than small pleasure craft of less than 5 net tons without merchandise, or if he seeks to enter the United States for other purposes, or if he is an alien who intends to proceed inland from the immediate shore area of the United States or remain in the United States for 24 hours or more, he must apply for admission at a U.S. port of entry.

(f) Arrival-Departure Card, Form I94-(1) Nonimmigrant applicants. A completely executed Form I-94 endorsed to show date and place of admission, period of admission, and nonimmigrant classification shall be issued to each nonimmigrant alien admitted to the United States, except:

(i) A nonimmigrant alien coming within the purview of § 212.1(a) of this

chapter and 22 CFR 41.129(a) who is admitted as a visitor for business or pleasure or to proceed in direct transit through the United States;

(ii) A nonimmigrant alien who has his residence in the British Virgin Islands and was admitted only to the U.S. Virgin Islands as a visitor for business or pleasure under the provision of § 212.1(b) of this chapter

(iii) A Mexican national in possession of a valid Form I-186 who is admitted at a Mexican border port of entry as a border crosser or as a nonimmigrant visitor for a period of not more than 15 days to visit within the States of Texas, New Mexico, Arizona, or California.

(See paragraph (g) of this section as to when SW-434 is required to be issued.)

(iv) A Mexican national in possession of a valid Mexican passport and multiple-entry nonimmigrant visitor for pleasure or business visa, and is admitted at a Mexican border port of entry as a border crosser or as a nonimmigrant visitor for a period of not more than 15 days to visit within the States of Texas, New Mexico, Arizona, or California, except on the initial entry, when an alien coming under the purview of this paragraph will be issued a Form I-94. On subsequent applications for admission, if he is entering for less than 72 hours at a Mexican border port of entry and will proceed only within the 25-mile zone the applicant may be allowed to enter without the issuance of either Form I94 or Form SW-434.

Form I-94 valid for any number of entries during a specified 6-month period may be issued to a nonimmigrant alien who will have occasion to make frequent entries into the United States over the land borders.

(2) Paroled aliens. An alien paroled into the United States pursuant to the provisions of section 212(d)(5) of the Act, including an alien crewman, shall be issued a completely executed Form I-94 endorsed to show the date and place of parole, the period for, and conditions under which the alien was paroled into the United States.

(g) Mexican Border Visitors Permit (SW-434). A Mexican national described in paragraph (f) (1) (iv) of this section applying for a second or subse