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1-174. Application for Crewmen's Landing Perini Crewman arriving by vessel. 1-175, Apparation for Nonresident Allen Ca nadian Border Crossing Card Citizens of Canada or British subjects residing in Canada

1-181; Memorandum of Creation of Record of Lawful Permanent Residence-Aliens presumed to be lawfully admitted to the United States under 8 CFR 101.1. I-190. Application for Nonresident Alien Mexican Border Crossing Card Citizens of Mexico residing in Mexico. 1-465, Application for Status as Permanent Hesident-Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957.

1-485A, Application by Cuban Refugee for Permanent Residence-Applicants under section 1 of the Act of November 2, 1966. 1-590, Registration for Classification as Refugee-Escapee-Refugee-escapees paroled pursuant to section 1 of the Act of July 14, 1960.

(b) Evidence of registration. The following forms constitute evidence of registration:

FORM NO. AND CLASS

I-90, Application by Lawful Permanent Resident Alien for Alien Registration Receipt Card, Form I-151-While application is pending, aliens whose evidence of registration has been lost, mutilated, or destroyed; aliens whose name has been changed; aliens whose evidence of registration is on a form other than Form I151; aliens who have never received Form I-151; aliens who have surrendered Forms I-151 which are in poor condition because of improper lamination and aliens who have surrendered Form I-151 issued prior to their fourteenth birthday and who are applying for registration pursuant to section 262(b) after attaining that birthday. I-94, Arrival-Departure Record-Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings. I-95, Crewmen's Landing Permit-Crewmen arriving by vessel or aircraft. I-102, Application by Nonimmigrant Alien for Replacement of Arrival DocumentWhile application is pending, nonimmigrants and other aliens not in lawful permanent resident status.

1-151. Alien Registration Receipt CardLawful permanent residents of the United States.

I-174, Application for Crewmen's Landing Permit Crewmen whose landing permits have been lost, mutilated, or destroyed (while application is pending).

1-184. Alien Crewman Landing Permit and Identification Card-Crewmen arriving by vessel.

I-185, Nonresident Alien Canadian Border Crossing Card-Citizens of Canada or British subjects residing in Canada.

I-186, Nonresident Alien Mexican Border Crossing Card-Citizens of Mexico residing in Mexico.

1-221, Order to Show Cause and Notice of Hearing-Aliens against whom deportation proceedings are being instituted. I-2218, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien-Aliens against whom deportation proceedings are being instituted.

(c) Replacement of registration. (1) Any alien whose evidence of registration has been lost, mutilated, or destroyed, shall immediately apply for new evidence thereof. Application by a nonimmigrant crewman for replacement of Form I-184, Alien Crewmen Landing Permit and Identification Card, shall be made on Form I-174. Application for replacement of Form I-185, Nonresident Alien Canadian Border Crossing Card, shall be made on Form I-175, Application for replacement of Form I-186, Nonresident Alien Mexican Border Crossing Card, shall be made on Form I-190. Application for replacement of Form I-94, Arrival-Departure Record, or Form I-95, Crewman's Landing Permit, shall be made on Form I-102, except that a new Form I-94 may be issued in lieu of one lost, mutilated, or destroyed without application therefor, when the alien is an applicant for extension of his temporary stay or change of nonimmigrant classification. Application by an alien lawfully admitted for permanent residence for Form I-151, Alien Registration Receipt Card, in lieu of one lost, mutilated, or destroyed, or who requests issuance of such card in a name which has been changed after registration by order of any court of competent jursidiction or by marriage, or whose Form I-151 was never received and application is made more than one year after the date of his admission for permanent residence

or adjustment to permanent resident status, shall be made on Form I-90 accompanied by the fee required by § 103.7(b) of this chapter, two photographs, unless the requirement for such photographs has been waived by the district director in his discretion because of hardship to an applicant who is confined due to age or physical infirmity, and, when issuance of Form I-151 is desired in a changed name, by appropriate documentary evidence of such change.

(2) Any Form I-151 in the applicant's possession must also be submitted with the application. When an application is made for replacement of a Form I-151 alleged to have been lost or destroyed, the application must be accompanied by a completed fingerprint card (Form FD-258). An application on Form I-90, with two photographs but without fee, is required for issuance of Form I-151 in the case of a lawful permanent resident who surrenders evidence of registration on other than Form I-151; who establishes within one year after admission for permanent residence or adjustment to permanent resident status that such form was not received by him, if the form has not been returned to the issuing Service office; who is the holder of a Form I-151 which is in poor condition because of improper lamination and surrenders such form, or in the case of an alien who has attained the age of 14 and is seeking to be registered and fingerprinted pursuant to section 262(b) of the Act and who surrenders evidence of registration previously issued to him. No application or fee is required if Form I151 has been returned to the issuing office and is in the applicant's file. An application by an alien within the United States for replacement of evidence of registration shall be submitted to the Service office having jurisdiction over the applicant's place of residence in the United States. An alien lawfully admitted for permanent residence who is outside the United States shall submit his application for a new Form I-151 in person through an American consular officer to the Service officer stationed outside the United States having jurisdiction over the place where the applicant is

or

temporarily sojourning or, if physically present in the area of jurisdiction of the following consular officers directly to such a consular officer in South America (except Venezuela, in areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Philippines), in Australia, New Zealand, Bulgaria, Czechoslovakia, Hungary, Iceland, Rumania, the Union of Soviet Socialist Republics, Iran, Iraq, Jordan, Saudi Arabia, Syrian Arab Republic, Yemen, Aden, Kuwait and in Africa (including the Arab Republic of Egypt).

(3) An application filed abroad will be forwarded to the district director having jurisdiction over the alien's place of residence in the United States and, if the application is approved, Form I-151 will be transmitted to the Service officer stationed outside the United States or the American consular officer for delivery to the applicant. An alien who files application Form I90 may be required, as a matter of discretion, to appear in person before an immigration officer prior to adjudication of the application and be interrogated under oath concerning his eligibility for issuance of Form I-151 as evidence of his registration. If the applicant is outside the United States, such interrogation may be conducted by an immigration officer or a consular officer. The decision on an application for replacement of evidence of registration shall be made by the district director having jurisdiction over the alien's place of residence in the United States. No appeal shall lie from the decision of the district director denying the application.

(d) Surrender of registration. If an alien is naturalized, dies, permanently departs, or is deported from the United States, or evidence of registration is found by a person other than the one to whom such evidence was issued, the person in possession of the document shall forward it to a Service office.

(e) Fingerprinting waiver. (1) Fingerprinting is waived for nonimmigrant aliens admitted as foreign government officials and employees; international organization representa

tives, officers and employees; NATO representatives, officers and employees, and holders of diplomatic visas while they maintain such nonimmigrant status. Fingerprinting is also waived for other nonimmigrant aliens, while they maintain nonimmigrant status, who are nationals of countries which do not require fingerprinting of United States citizens temporarily residing therein.

(2) Fingerprinting is waived for every nonimmigrant alien not included in paragraph (e)(1) of the section who departs from the United States within one year of his admission, provided he maintains his nonimmigrant status during that time; each such alien not previously fingerprinted shall apply therefor at once if he remains in the United States in excess of one year.

(3) Every nonimmigrant alien not previously fingerprinted shall apply therefor at once upon his failure to maintain his nonimmigrant status.

(f) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the act and this chapter shall present himself to a Service office for registration in accordance with section 262(b) of the Act, and for fingerprinting unless fingerprinting is waived pursuant to paragraph (e) of this section. He shall submit Form I-90 if he is a lawful permanent resident. If such alien is a lawful permanent resident of the United States and is temporarily absent from the United States when he reaches the age of 14, he shall comply with the foregoing within 30 days of his return to the United States. The alien, if a lawful permanent resident of the United States, shall surrender his prior evidence of alien registration and shall be issued Form I-151 bearing a photograph submitted by him in accordance with the instructions on Form I-90. In the case of an alien who is not a lawful permanent resident, the alien's Form I-94 or I-95 shall be noted to show that he has been registered and the date of registration.

(g) Temporary evidence of registration. Form I-94, appropriately endorsed, may be issued as temporary

evidence of registration and lawful admission for permanent residence to a lawful permanent resident alien who is departing temporarily from the United States and has applied on Form I-90 for issuance of Form I-151, if the district director is unable to issue and deliver the Form I-151 prior to the alien's contemplated return to the United States. The alien shall surrender such Form I-94 to the Service upon receipt of Form I-151.

(h) Copy of Form I-94. An attorney or representative as defined in § 1.1 of this chapter who is representing an alien before the Service or the Board may make and retain, solely for information purposes, a copy of the Form I-94 (Arrival-Departure Record) issued to and in the possession of the alien. Such copy shall not be used for any other purpose.

(Secs. 103, 221, 261-265, 66 Stat. 173, 191, 223-225; 8 U.S.C. 1103, 1201, 1301-1305; sec. 8, 71 Stat. 641; 8 U.S.C. 1201a)

[25 FR 10495, Nov. 2, 1960; 26 FR 3455, Apr. 22, 1961; 30 FR 1031, Feb. 2, 1965; 30 FR 13862, Nov. 2 1965; 32 FR 9633, July 4, 1967; 33 FR 11354, Aug. 9, 1968; 35 FR 12268, July 31, 1970; 35 FR 17530, Nov. 14, 1970; 36 FR 16646, Aug. 25, 1971; 38 FR 8591, Apr. 4, 1973; 39 FR 10885, Mar. 22, 1974; 40 FR 50702, Oct. 31, 1975]

PART 265-NOTICES OF ADDRESS

§ 265.1 Forms.

The notice of address, change of address, and new address required by section 265 of the Act shall be furnished on the forms prescribed herein, which are available at post offices and at offices of the Service in the United States. The notification of current address shall be made on From I-53 and then mailed to the address indicated thereon. The notification of change of address and new address shall be made on Form AR-11 and then mailed to the address indicated thereon. Form AR-11 shall also be used and mailed to the address indicated thereon by an alien residing in the United States pursuant to a lawful temporary admission when reporting his address at the expiration of each three-month period.

(Secs. 103, 265, 66 Stat. 173, 225; 8 U.S.C. 1103, 1305)

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280.13 Disposition of case. 280.14 Record.

280.15 Notice of final decision to district director of customs.

280.21 Seizure of aircraft.

280.51 Application for mitigation or remission.

AUTHORITY: Secs. 103, 231, 233, 237, 239, 243, 251, 253–256, 272, 273, 280, 66 Stat. 173, 195, 197, 201, 203, 212, 219, 221-223, 226, 227, 230; 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281, 1283, 1284, 1285, 1286, 1322, 1323, 1330.

SOURCE: 22 FR 9807, Dec. 6, 1957, unless otherwise noted.

§ 280.1 Notice of intention to fine; administrative proceedings not exclusive. Whenever a district director has reason to believe that any person has violated any of the provisions of the Immigration and Nationality Act and has thereby become liable to the imposition of an administrative fine under the Immigration and Nationality Act, he shall cause a Notice of Intention to Fine, Form I-79, to be served as provided in this part. Nothing in this sub

chapter shall affect, restrict, or prevent the institution of a civil suit, in the discretion of the Attorney General, under the authority contained in section 280 of the Immigration and Nationality Act.

§ 280.2 Special provisions relating to aircraft.

In any case in which the imposition of a fine is predicated upon an alleged violation of a regulation promulgated under authority of section 239 of the Immigration and Nationality Act, the procedure prescribed in this part shall be followed and the aircraft involved shall not be granted clearance pending determination of the question of liability to the payment of any fine, or while the fine remains unpaid; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine or of a bond with sufficient surety to secure the payment thereof, approved by the district director of customs. If the alleged violation was by the owner or person in command of the aircraft, the penalty provided for shall be a lien against the aircraft, which, except as provided in § 280.21, shall be seized by the district director or by an immigration officer designated by the district director, and placed in the custody of the customs officer who is in charge of the port of entry or customs station nearest the place of seizure. If the owner or owners of the airport at which such aircraft is located are the owners of the seized aircraft, the aircraft shall be removed to another suitable place for storage if practicable.

[22 FR 9807, Dec. 6, 1957, as amended at 32 FR 17651, Dec. 12, 1967]

§ 280.3 Departure of vessel or aircraft prior to denial of clearance.

If any vessel or aircraft which is subject to the imposition of a fine shall have departed from the United States prior to the denial of clearance by the district director of customs and such vessel or aircraft is subsequently found in the United States, a Notice of Intention to Fine, Form I-79, shall be served as provided in this part, if such form has not been previously served

for the same violation. Clearance of such vessel or aircraft shall be withheld by the district director of customs, and the procedure prescribed in this part shall be followed to the same extent and in the same manner as though the vessel or aircraft had not departed from the United States. Aircraft subject to the provisions of § 280.2, which shall have departed from the United States prior to the time of seizure could be effected, shall be subject to all of the provisions of this part, if subsequently found in the United States, to the same extent as though it had not departed from the United States.

[22 FR 9807, Dec. 6, 1957, as amended at 32 FR 17651, Dec. 12, 1967]

§ 280.4 Data concerning cost of transportation.

Within five days after request therefor, transportation companies shall furnish to the district director pertinent information contained in the original transportation contract of all rejected aliens whose cases are within the purview of any of the provisions of the Immigration and Nationality Act relating to refund of passage monies, and shall specify the exact amounts paid for transportation from the initial point of departure (which point shall be indicated) to the foreign port of embarkation, from the latter to the port of arrival in the United States and from the port of arrival to the inland point of destination, respectively, and also the amount paid for headtax, if any.

§ 280.5 Mitigation or remission of fines.

In any case in which mitigation or remission of a fine is authorized by the Immigration and Nationality Act, the party served with Notice of Intention to Fine may apply in writing to the district director for such mitigation or remission.

§ 280.6 Bond to obtain clearance; form.

A bond to obtain clearance of a vessel or aircraft under section 231, 233, 237, 239, 243, 251, 253, 254, 255, 256, 272, or 273 of the Immigration and Nationality Act shall be filed on Form I-310.

§ 280.7 Approval of bonds or acceptance of cash deposit to obtain clearance. The district director of customs is authorized to approve the bond, or accept the sum of money which is being offered for deposit under any provision of the Immigration and Nationality Act or by this chapter for the purpose of obtaining clearance of a vessel or aircraft.

[22 FR 9807, Dec. 6, 1957, as amended at 32 FR 17651, Dec. 12, 1967]

§ 280.11 Notice of intention to fine; procedure.

Notice of Intention to Fine, Form I79, shall be prepared in triplicate, with one additional copy for each additional person on whom the service of such notice is contemplated. The notice shall be addressed to any or all of the available persons subject to fine. A copy of the notice shall be served by personal service on each such person. If the notice is delivered personally, the person upon whom it is served shall be requested to acknowledge such service by signing his name to the duplicate and triplicate copies. The officer effecting such service shall attest to the service by signing his name thereon and shall indicate thereon the date and place of service. If the person so served refuses to acknowledge service, or if service is made by leaving it at an office or mailing it, the person making such service shall indicate the method and date on the duplicate and triplicate copies of Form I79, and shall sign his name upon such copies. The duplicate copy shall be retained by the district director of immigration and naturalization and the triplicate copy shall be delivered directly to the district director of customs for the district in which the vessel or aircraft is located, and the district director of customs shall withhold clearance until deposit is made or bond furnished as provided in the Immigration and Nationality Act. If the vessel or aircraft is located in a customs district which is outside the jurisdiction of the office of the Service having jurisdiction over the matter, the triplicate copy shall be forwarded to the office of the Service nearest such customs

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