101(a)(15)(A) or 101(a)(15)(G) of the Act. No fee shall be required when a change to exchange alien status under section 101(a)(15)(J) of the Act is requested by an agency of the U.S. Government; Form DSP-66, Certificate of Eligibility

for Exchange-Visitor

Status, submitted by such agency together with its request will be accepted in lieu of Form I-506. An alien classified as a visitor for business under section 101(a)(15)(B) of the Act need not request a change of classification to remain in the United States temporarily as a visitor for pleasure. An alien classified under section 101(a)(15)(A) or (G) of the Act as a member of the immediate family of a principal alien who is classified under the same section, or an alien classified under section 101(a)(15)(E), (F), (H), (I), (J), or (L) of the Act as the spouse or child who accompanied or followed to join a principal alien who is classified under the same section, need not request a change of classification to attend school in the United States, as long as such immediate family member or spouse or child continues to be qualified for and maintains the status under which he is classified.

(c) Approval of application. If the application is granted, the applicant shall be notified of the decision and granted a new period of time to remain in the United States without the requirement of filing a separate application and paying a separate fee for an extension of stay. The applicant's nonimmigrant status under his new classification shall be subject to the terms and conditions applicable generally to such classification and to such other additional terms and conditions, including exaction of bond, which the district director deems appropriate to the case.

(d) Denial of application. When the application is denied, the applicant shall be notified of the decision and of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[36 FR 9001, May 18, 1971, as amended at 37 FR 14289, June 19, 1972]

§ 248.4 Change of nonimmigrant classification to that under section 101(a)(15)(H) or 101(a)(15)(L) of the Immigration and Nationality Act. Notwithstanding any other provisions of this part, a request for a change of an alien's nonimmigrant classification to that described in section 101(a)(15)(H) or (L) of the Act shall be accompanied by a petition on Form I-129B made by the alien's prospective employer or trainer.

PART 249-CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE

Sec.

249.1 Waiver of inadmissibility. 249.2 Application.

249.3 Reopening and reconsideration.

AUTHORITY: Secs. 103, 212, 249, 66 Stat. 173, 182, as amended, 219, as amended; 8 U.S.C. 1103, 1182, 1259.

§ 249.1 Waiver of inadmissibility.

In conjunction with an application under section 249 of the Act, an otherwise eligible alien who is inadmissible under paragraph (9), (10), or (12) of section 212(a) of the Act may request a waiver of such ground of inadmissibility pursuant to the provisions of section 212(h) of the Act and apply for the benefits of section 212(a)(28)(1)(ii) of the Act.

[32 FR 9632, July 4, 1967]

§ 249.2 Application.

An application by an alien after he has been served with an order to show cause or warrant of arrest shall be made and considered only in proceedings under Part 242 of this chapter. In any other case, an alien who believes that he meets the eligibility requirements of section 249 of the Act shall apply to the district director having jurisdiction over his place of residence. The application shall be made on Form I-485, and shall be accompanied by executed Form G-325A, which shall be considered part of the application. The application shall also be accompanied by documentary evidence establishing continuous residence in the United States prior to June 30, 1948, or since entry and prior to July

1, 1924. Original documents shall be presented but may later be returned provided copies are furnished with the originals. Documentary evidence may include any records of official or personal transactions or recordings of events occurring during the period of claimed residence. Affidavits of credible witnesses may also be accepted. Women unemployed since marriage and unable to furnish evidence in their own names may furnish evidence in the names of parents or other persons with whom they have been living if affidavits of the parents or other persons are submitted attesting to the residence. The applicant shall be notified of the decision and if the application is denied of the reasons therefor. If the application is granted, a Form I151, showing that the applicant has acquired the status of an alien lawfully admitted for permanent residence, shall not be issued until the applicant surrenders any other document in his possession evidencing compliance with the alien-registration requirements of former or existing law. No appeal shall lie from the denial of an application by the district director but such denial shall be without prejudice to the alien's right to renew an application in proceedings under Part 242 of this chapter.

[29 FR 12114, Aug. 11, 1964, as amended at 31 FR 15235, Dec. 6, 1966]

§ 249.3 Reopening and reconsideration.

An applicant who alleged entry and residence since prior to July 1, 1924, but in whose case a record was created as of the date of approval of the application because evidence of continuous residence prior to July 1, 1924, was not submitted, may have his case reopened and reconsidered pursuant to § 103.5 of this chapter. Upon the submission of satisfactory evidence, a record of admission as of the date of alleged entry may be created.

[29 FR 11494, Aug. 11, 1964]

§ 251.1 Arrival manifests and lists.

(a) Vessels. The master or agent of every vessel arriving in the United States from a foreign place or from an outlying possession of the United States shall present to the immigration officer at the port of first arrival a manifest of all crewmen on board on Form I-418 in accordance with the instructions contained thereon. A manifest shall not be required for crewmen aboard a vessel of United States, Canadian, or British registry engaged solely in traffic on the Great Lakes, or the St. Lawrence River, and connecting waterways herewith designated as a Great Lakes vessel, except crewmen of other than United States,

Canadian, or British citizenship and, after submission of a manifest on the first voyage of a calendar year, a manifest shall not be required on subsequent arrivals unless there is employed on the vessel at the time of such arrival an alien crewmen of other than United States, British, or Canadian citizenship who was not aboard and listed on the occasion of the submission of the last prior manifest.

(b) Aircraft. The captain or agent of every aircraft arriving in the United States from a foreign place or from an outlying possession of the United States, except an aircraft arriving in the United States directly from Canada on a flight originating in that country, shall present to the immigration officer at the port of first arrival a manifest on the Bureau of Customs Form 7507 or on the International Civil Aviation Organization's General Declaration of all the alien crewmen on board, including alien crewmen who are returning to the United States after taking an aircraft of the same line from the United States to a foreign place or alien crewmen who are entering the United States as passengers solely for the purpose of taking an aircraft of the same line from the United States to a foreign port. The surname, given name, and middle initial of each such alien crewman listed shall be shown. In addition, the captain or agent of the aircraft shall indicate in writing immediately below the name of the last alien listed on such form or declaration, the number of U.S. citizen crewmen on board, if any. If there are no alien crewmen aboard, the captain or agent shall indicate in writing on the form or declaration the number of U.S. citizen crewmen, followed by a statement that there are no alien crewmen.

plying solely between Canada and the United States; or (3) a crewman seeking conditional landing privileges under section 252(a)(1) of the Act who is in possession of an unmutilated alien crewman landing permit and identification card (Form I-184) or an unmutilated conditional landing permit (Form I-95) with space for additional endorsements previously issued to him as a member of the crew of the same vessel or an aircraft of the same line on his last prior arrival in the United States, following which he departed from the United States as a member of the crew of the same vessel or an aircraft of the same line.

(d) Notations on arrival manifests. Upon completion of the examination of each crewman listed on the Form I418 presented by the master or agent of an arriving vessel, the examining immigration officer shall place one of the following symbols in column (5) of the Form I-418 opposite the name of the crewman: "USC" for a crewman admitted as a United States citizen; "RP" or "ARC" to indicate respectively the presentation of a reentry permit or an alien registration receipt card, Form I-151, for a crewman admitted as a lawful permanent resident; "D-1" for an alien crewman granted a conditional landing permit under section 252(a)(1) of the Act; "D-2" for an alien crewman granted a conditional landing permit under section 252(a)(2) of the Act; "Parolee" for an alien crewman paroled pursuant to section 212(d)(5) of the Act; and "Refused" for an alien crewman whose request for a landing permit has been refused. The examining immigration officer shall sign his name, title and the date of the inspection following the last entry in column (5) of the Form I-418 when the examination of the crew is completed. The master of the vessel shall be furnished Form I-410 as a receipt for the arrival manifest, Form I418, and the immigration officer shall list on that form the names of all crewmen who have been refused conditional landing permits.

[30 FR 6777, May 19, 1965, as amended at 32 FR 9632, July 4, 1967; 34 FR 12560, Aug. 1, 1969; 34 FR 19799, Dec. 18, 1969]

§ 251.2 Notification of illegal landings.

As soon as discovered, the master or agent of any vessel from which an alien crewman has illegally landed or deserted in the United States shall inform the immigration officer in charge of the port where the illegal landing or desertion occurred, in writing, of the name, nationality, passport number and, if known, the personal description, circumstances and time of such illegal landing or desertion of such alien crewman, and furnish any other information and documents which might aid in his apprehension, including any passport surrendered pursuant to § 252.1(d) of this chapter. Failure to file notice of illegal landing or desertion and to furnish any surrendered passport within 24 hours of the time of such landing or desertion becomes known shall be regarded as lack of compliance with section 251(d) of the Act.

[28 FR 209, Jan. 9, 1963]

§ 251.3 Departure manifests and lists for vessels.

(a) Form I-418, Crew List. The master or agent of every vessel departing from the United States shall submit to the immigration officer at the port from which such vessel is to depart directly to some foreign place or outlying possession of the United States, except when a manifest is not required pursuant to § 251.1(a), a single Form I-418, Crew List, completed in accordance with the instructions contained herein. Every item in the heading of the Form I-418 must be completed and the following endorsement shall be placed on the first line of the form: "Arrival Crew List, Form I-418, filed at (show United States port of entry)." Submission of a Form I-418 which lacks that endorsement or which lacks other essential information shall be regarded as lack of compliance with section 251(c) of the Act. (b) Added crewmen. Under a heading "Added Crewmen," list the names of all nonresident alien crewmen who were not members of the crew and manifested on Form I-418 as such on the occasion of the vessel's last arrival in the United States and attach for each name on the list the Form I-95 or

Form I-94 given to the alien crewman when he last arrived in the United States. If that form is unavailable, a new Form I-95 shall be prepared and attached to the Form I-418.

(c) Separated crewman. Under a heading "Separated Crewmen,” list the names of all alien crewmen, other than alien permanent residents of the United States, who were listed on the arrival Form I-418, as members of the crew on the occasion of the vessel's last arrival in the United States but who for any reason are not departing with the vessel, and for each such separated crewman show his nationality, passport number, specific port and date of separation, and the reasons for failure to depart. If an application to pay off or discharge an alien crewman has been granted subsequent to the vessel's arrival, the triplicate copy of the relating Form I-408 shall be attached to the Form I-418. The list, required by paragraph (b) of this section and this paragraph may be incorporated in a single Form I-418, if space permits. The required lists need not be submitted for Canadian or British citizen crewmen of Great Lakes vessels.

(d) No changes in crew. When there are no added and separated crewmen as described in this section, the Form I-418 shall be endorsed with the notation "No changes in nonresident alien crew upon departure."

[30 FR 6777, May 19, 1965, as amended at 33 FR 17137, Nov. 19, 1968]

§ 251.4 Departure manifests and lists for aircraft.

(a) Bureau of Customs Form 7507 or International Civil Aviation Organization's General Declaration. 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 an aircraft departing from the United States directly to Canada on a flight terminating in that country, shall submit to the immigration officer at the port from which such aircraft is to depart on the Bureau of Customs Form 7507 or on the International Civil Aviation Organization's General Declaration a list of all alien crewmen on board, including alien crewmen who arrived in the United States as crewmen on an

aircraft of the same line and who are departing as passengers. The surname, given name, and middle initial of each such alien crewman listed shall be shown. In addition, the captain or agent of the aircraft shall indicate in writing immediately below the name of the last alien listed on such form or declaration, the number of U.S. citizen crewmen on board, if any. If there are no alien crewmen aboard, the captain or agent shall indicate in writing on the form or declaration the number of U.S. citizen crewmen, followed by a statement that there are no alien

crewmen.

(b) Notification of changes in employment for aircraft. The agent of the air transportation line shall immediately notify in writing the nearest immigration office of the termination of employment in the United States of each alien employee of the line furnishing the name, birthdate, birthplace, nationality, passport number, and other available information concerning such alien. The procedure to follow in obtaining permission to pay off or discharge an alien crewman in the United States after initial immigration inspection, other than an alien lawfully admitted for permanent residence, is set forth in § 252.1(h) of this chapter.

[30 FR 6777, May 19, 1965, as amended at 33 FR 17137, Nov. 19, 1968; 34 FR 12561, Aug. 1, 1969]

252.4 Permanent landing permit and identification card.

252.5 Special procedures for deserters from Spanish or Greek ships of war.

AUTHORITY: Secs. 103, 214, 248, 251, 252, 66 Stat. 173, 189, 218, 219, 220; 8 U.S.C. 1103, 1184, 1258, 1281, 1282.

§ 252.1 Examination of crewmen.

(a) Detention prior to examination. All persons employed in any capacity on board any vessel or aircraft arriving in the United States shall be detained on board the vessel or at the airport of arrival by the master or agent of such vessel or aircraft until admitted or otherwise permitted to land by an officer of the Service.

(b) Classes of aliens subject to examination under this part. The examination of every alien crewman arriving in the United States shall be in accordance with this part and not otherwise except that the following classes of persons employed on vessels or aircraft shall be examined in accordance with the provisions of Parts 235, 236, and 237 of this chapter: (1) Aliens in possession of an immigrant visa, reentry permit, or a Form I-151 alien registration receipt card, applying for admission as immigrants; (2) Canadian or British citizen crewmen serving on vessels plying solely between Canada and the United States; or (3) Canadian or British citizen crewmen of aircraft arriving in a State of the United States directly from Canada on flights originating in that country. The crew of a vessel arriving at a United States port which may not require inspection by or clearance from the Bureau of Customs is, nevertheless, subject to examination under this part; however, the master of such a vessel, is not required to present Form I-95 for any crewman who is not an applicant for a conditional landing permit.

(c) Requirements for admission. Every alien crewman applying for landing privileges in the United States must make his application in person before an immigration officer, present whatever documents are required, be photographed and fingerprinted as the district director may require, and establish to the satisfaction of the immigration officer that he is not subject to exclusion under any provision of