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AUTHORITY: Secs. 101, 103, 247, 66 Stat. 166, 173, 218; 8 U.S.C. 1101, 1103, 1257.
SOURCE: 22 FR 9801, Dec. 6, 1957, unless otherwise noted.
that purpose. The person shall further be advised that he may have the assistance of counsel without expense to the Government of the United States in the preparation of his answer or in connection with such personal appearance, and may examine the evidence upon which it is proposed to base such adjustment. [22 FR 9801, Dec. 6, 1957, as amended at 37 FR 11471, June 8, 1972)
8 247.1 Scope of part.
The provisions of this part apply to an alien who is lawfully admitted for permanent residence and has an occupational status which, if he were seeking admission to the United States, would entitle him to a nonimmigrant status under paragraph (15)(A) or (15)(G) of section 101(a) of the Act, and to his immediate family; also, an alien who was lawfully admitted for permanent residence and has an occupational status which, if he were seeking admission to the United States, would entitle him to a nonimmigrant status under paragraph (15)(E) of section 101(a) of the Act, and to his spouse and children.
§ 247.11 Notice.
If it appears to a district director that an alien residing in his district, who was lawfully admitted for permanent residence, has an occupational status described in section 247 of the Act, he shall cause a notice on Form I509 to be served on such alien by personal service informing him that it is proposed to adjust his status, unless the alien requests that he be permitted to retain his status as a resident alien and executes and files with such district director a Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) and, if a French national receiving salary from the French Republic, Form I-508F (election as to tax exemption under the Convention between the United States and the French Republic), within 10 days after service of the notice, or the alien, within such 10-day period, files with the district director a written answer under oath setting forth reasons why his status should not be adjusted. The notice shall also advise the person that he may, within such period and upon his request have an opportunity to appear in person, in support or in lieu of his written answer, before an immigration officer designated for
$ 247.12 Disposition of case.
(a) Allegations admitted or answer filed. If the waiver Form I-508 and, if applicable, Form I-508F is not filed by the alien within the time prescribed, and the answer admits the al. legations in the notice, or no answer is filed, the district director shall place a notation on the notice describing the alien's adjusted nonimmigrant status and shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted and no appeal shall lie from such decision. Form 1-94A shall be delivered to the alien and shall constitute notice to him of such adjustment. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status granted and shall be subject to such other terms and conditions, including the exaction of bond as the district director may deem appropriate.
(b) Answer filed; personal appear. ance. Upon receipt of an answer asserting a defense to the allegations made in the notice without requesting a personal appearance, or if a personal appearance is requested or directed, the case shall be assigned to an immigration officer. Pertinent evidence, including testimony of witnesses, shall be incorporated in the record. The immigration officer shall prepare a report summarizing the evidence and containing his findings and recommendation. The record, including the report and recommendation of the immigration officer, shall be forwarded to the district director who caused the notice to be served. The district director shall note on the report of the immigration officer whether he approves or disapproves the recommendation of that of a nonimmigrant in accordance with section 247 of the Act and this part, shall, upon demand, promptly surrender to the district director having administrative jurisdiction over the office in which the action under this part was taken any documents (such as Form I-151 or any other form of alien-registration receipt card, immigrant identification card, resident alien's border-crossing identification card (Form I-187), certificate of registry, or certificate of lawful entry) in his possession evidencing his former permanent resident status.
PART 248—CHANGE OF NONIMMIGRANT CLASSIFICATION
the immigration officer. If the decision of the district director is that the matter be terminated, the alien shall be informed of such decision. If the decision of the district director is that the status of the alien should be ad. justed to that of a nonimmigrant, his decision shall provide that unless the alien, within 10 days of receipt of notification of such decision, requests permission to retain his status as an immigrant and files with the district director Form I-508 and, if applicable, Form 1-508F, the alien's immigrant status be adjusted to that of a nonimmigrant. The alien shall be informed of such decision and of the reasons therefor, and of his right to appeal in accordance with the provisions of Part 103 of this chapter. If the alien does not request that he be permitted to retain status and file the Form I-508 and, if applicable, Form I-508F within the period provided therefor, the district director, without further notice to the alien, shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted. Form I94A shall be delivered to the alien. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status created and shall be subject to such other terms and conditions, including the exaction of bond, as the district director may deem appropriate. (22 FR 9801, Dec. 6, 1957, as amended at 23 FR 9124, Nov. 26, 1958; 35 FR 13829, Sept. 1, 1970]
Sec. 248.1 Eligibility. 248.2 Ineligible classes. 248.3 Application. 248.4 Change of nonimmigrant classifica
tion to that under section 101(a)(15)(H) or 101(a)(15)(L) of the Immigration and
Nationality Act. AUTHORITY: Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 247, 248, 66 Stat. 167, as amended, 218, as amended; 8 U.S.C. 1101, 1257, 1258.
SOURCE: 36 FR 9001, May 18, 1971, unless otherwise noted.
8 247.13 Disposition of Form 1-508.
If Form I-508 is executed and filed, the duplicate copy thereof (noted to show the election made on Form I508F, if applicable) shall be filed in the office of the Assistant Commissioner, Administrative Division, and may be made available for inspection by any interested officer or agency of the United States.
$ 248.1 Eligibility.
(a) General. Except for those classes enumerated in § 248.2, any alien lawfully admitted to the United States as a nonimmigrant, including an alien who acquired such status pursuant to section 247 of the Act, who is continuing to maintain his nonimmigrant status, may apply to have his nonimmigrant classification changed to any nonimmigrant classification other than that of a fiancee or fiance under section 101(a)(15)(K) of the Act.
(b) Maintenance of status. In determining whether an applicant has continued to maintain his nonimmigrant status, the district director shall consider whether the alien has remained in the United States for a longer period than that authorized by the Service, and shall consider any conduct by the applicant relating to his maintenance of the status from which the applicant is seeking a change. An applicant may not be considered as
(35 FR 13829, Sept. 1, 1970)
8 247.14 Surrender of documents.
An alien whose status as a permanent resident has been adjusted to
having maintained his nonimmigrant $248.3 Application. status within the meaning of this sec- (a) General. Application for change tion if he failed to submit his applica
of nonimmigrant classification shall be tion for change of nonimmigrant clas
made on Form I-506. The application sification before his authorized tempo- shall be accompanied by documentary rary stay in the United States had ex.
evidence establishing that the applipired, unless the district director in his
cant is eligible for the change of classidiscretion is satisfied that the failure
fication being requested and shall be to file a timely application was excus
filed with the district director having able, that the alien has not otherwise
jurisdiction over the applicant's place violated his nonimmigrant status and
of temporary sojourn in the United is a bona fide nonimmigrant, and the States. alien is not the subject of deportation
(b) Application and fee not required. proceedings under Part 242 of this
When an alien whose status has been chapter. A nonimmigrant applying for
changed to a classification under seca change to classification as a student
tion 101(a)(15)(A) or (G) of the Act under section 101(a)(15)(F) of the Act
has in the United States an "immedi. shall not be considered ineligible for
ate family' member as defined in 22 such change solely because he may
CFR 41.1, the status of the “immedihave started attendance at school
ate family" member may be changed before his application was submitted.
to the classification of the principal An alien shall be considered prima
alien without an application or fee. facie ineligible for change of nonimmi
When an alien whose status has been gration classification as one who is no
changed to a classification under seclonger maintaining his nonimmigrant
tion 101(a)(15)(E), (F), (H), (I), (J), or status, upon the introduction in Con
(L) of the Act has a nonimmigrant gress of a private bill seeking to confer
spouse or nonimmigrant child in the upon him the status of a lawful per
United States, the status of the spouse manent resident of the United States.
or child may be changed to the appro
classification § 248.2 Ineligible classes.
without an application or fee. Neither An alien admitted in immediate and
an application nor fee is required of an continuous transit through the United
alien who seeks reclassification from States without a visa pursuant to sec
that of a visitor for pleasure under tion 238(d) of the Act, or an alien clas- section 101(a)(15)(B) of the Act to sified as a nonimmigrant under section
that of a visitor for business under the 101(a)(15)(D) or (K) of the Act is not
same section; from classification as a eligible for any change of nonimmi
student under section 101(a)(15)(F)(i) grant classification under section 248
of the Act to classification as an acof the Act. An alien classified as a non
companying spouse or minor child immigrant under section 101(a)(15)(C)
under section 101(a)(15)(F)(ii) of the of the Act is not eligible for any
Act or vice versa; from any classificachange of nonimmigrant classification
tion within section 101(a)(15)(H) of other than a change to classification
the Act to any other classification under section 101(a)(15)(A) or (G) of
within section 101(a)(15)(H) provided the Act. An alien classified as a nonim
requisite Form I-129B visa petition migrant under section 101(a)(15)(J) of
has been filed and approved; from the Act is not eligible for any change
classification as a participant under of nonimmigrant classification other
section 101(a)(15)(J) of the Act to clasthan a change to classification under
sification as an accompanying spouse section 101(a) (15)(A) or (G) of the
or minor child under that section, or Act, or, if he is not subject to the for
vice versa; or from classification as an eign residence requirement of section
intracompany transferee under section 212(e) of the Act or has been granted
101(a)(15)(L) of the Act to classificaa waiver therecf, a change to classifi
tion as an accompanying spouse or cation under section 101(a)(15)(H) or minor child under that section, or vice (L) of the Act, if otherwise qualified.
versa. No fee shall be required in con(36 FR 9001, May 18, 1971, as amended at 36 nection with any request for change to FR 23619, Dec. 11, 1971)
classification under section
§ 248.4 Change of nonimmigrant classifi
cation 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
AUTHORITY: Secs. 103, 212, 249, 66 Stat. 173, 182, as amended, 219, as amended; 8 U.S.C. 1103, 1182, 1259.
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)
§ 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)(I)(ii) of the Act.
[32 FR 9632, July 4, 1967)
8 249.2 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 proceed. ings 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 AUTHORITY: Secs. 103, 250, 66 Stat. 173, presented but may later be returned 219; 8 U.S.C. 1103, 1260. provided copies are furnished with the SOURCE: 22 FR 9802, Dec. 6, 1957, unless originals. Documentary evidence may otherwise noted. include any records of official or personal transactions or recordings of $250.1 Application. events occurring during the period of
Application for removal shall be claimed residence. Affidavits of credi- made on Form 1-243. No appeal shall ble witnesses may also be accepted.
lie from the decision of the district diWomen unemployed since marriage
rector. and unable to furnish evidence in their own names may furnish evidence
§ 250.2 Removal authorization. in the names of parents or other persons with whom they have been living
If the district director grants the apif affidavits of the parents or other
plication he shall issue an authorizapersons are submitted attesting to the
tion for the alien's removal on Form Iresidence. The applicant shall be noti
202. Upon issuance of the authorizafied of the decision and if the applica
tion, or as soon thereafter as practication is denied of the reasons therefor.
ble, the alien may be removed from If the application is granted, a Form I
the United States at government ex151, showing that the applicant has
pense. acquired the status of an alien lawfully admitted for permanent residence, PART 251-ARRIVAL MANIFESTS shall not be issued until the applicant AND LISTS: SUPPORTING DOCUsurrenders any other document in his MENTS possession evidencing compliance with the alien-registration requirements of
Sec. former or existing law. No appeal shall 251.1 Arrival manifests and lists. lie from the denial of an application 251.2 Notification of illegal landings. by the district director but such denial 251.3 Departure manifests and lists for vesshall be without prejudice to the
sels. alien's right to renew an application in
251.4 Departure manifests and lists for air. proceedings under Part 242 of this
251.5 Exemptions for private vessels and chapter.
aircraft. (29 FR 12114, Aug. 11, 1964, as amended at AUTHORITY: Secs. 103, 212, 231, 251, 252, 66 31 FR 15235, Dec. 6, 1966)
Stat. 173, 182, as amended, 195, 219, 220; 8
U.S.C. 1103, 1182, 1221, 1281, 1282. § 249.3 Reopening and reconsideration.
SOURCE: 30 FR 6777, May 19, 1965, unless An applicant who alleged entry and
otherwise noted. residence since prior to July 1, 1924, but in whose case a record was created
$ 251.1 Arrival manifests and lists. as of the date of approval of the application because evidence of continuous
(a) Vessels. The master or agent of residence prior to July 1, 1924, was not
every vessel arriving in the United submitted, may have his case reopened
States from a foreign place or from an and reconsidered pursuant to g 103.5 of
outlying possession of the United this chapter. Upon the submission of
States shall present to the immigrasatisfactory evidence, a record of ad
tion officer at the port of first arrival mission as of the date of alleged entry
a manifest of all crewmen on board on
Form 1-418 in accordance with the may be created.
instructions contained thereon. А (29 FR 11494, Aug. 11, 1964)
manifest shall not be required for
crewmen aboard a vessel of United PART 250_REMOVAL OF ALIENS
States, Canadian, or British registry WHO HAVE FALLEN INTO DIS
engaged solely in traffic on the Great TRESS
Lakes, or the St. Lawrence River, and Sec.
connecting waterways herewith desig250.1 Application.
nated as a Great Lakes vessel, except 250.2 Removal authorization.
crewmen of other than United States,