Code of Federal Regulations: Containing a Codification of Documents of ...

zens. (1) (i) An alien for whom there exists a record of admission prior to September 11, 1957, as a United States citizen who establishes that at the time of such admission he was the child of a United States citizen parent; he was erroneously issued a United States passport or included in the United States passport of his citizen parent accompanying him or to whom he was destined; no fraud or misrepresentation was practiced by him in the issuance of the passport or in gaining admission; he was otherwise admissible at the time of entry except for failure to meet visa or passport requirements; and he has maintained a residence in the United States since the date of admission, or (ii) an alien who meets all of the foregoing requirements except that if he were, in fact, a citizen of the United States a passport Iwould not have been required, or it had been individually waived, and was erroneously admitted United States citizen by a Service officer. For the purposes of all of the foregoing, the terms "child" and "parent" shall be defined as in section 101(b) of the Immigration and Nationality Act, as amended.

(2) An alien admitted to the United States before July 1, 1948, in possession of a section 4(a) 1924 Act nonquota immigration visa issued in accordance with State Department regulations, including a child of a United States citizen after he reached the age of 21, in the absence of fraud or misrepresentation; a member of a naturalized person's family who was admitted to the United States as a United States citizen or as a section 4(a) 1924 Act nonquota immigrant on the basis of that naturalization, unless knowlingly participated in the unlawful naturalization of the parent or spouse rendered void by cancellation, or knew at any time prior to his admisIsion to the United States of the cancellation; and a member of a naturalized person's family who knew at any time prior to his admission to the United States of the cancellation of the naturalization of his parent or spouse but was admitted to the United States as a United States citizen pursuant to a State Department or Service determination based upon a then

prevailing administrative view, provided the State Department or Service knew of the cancellation.

[23 FR 9119, Nov. 26, 1958, as amended at 24 FR 2583, Apr. 3, 1959; 24 FR 6476, Aug. 12, 1959; 25 FR 581, Jan. 23, 1960; 31 FR 535, Jan. 15, 1966]

§ 101.2 Presumption of lawful admission; entry under erroneous name or other

errors.

names of relatives, or names of foreign places of birth or residence, provided that he establishes by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him, and, if entry occurred on or after May 22, 1918, if under other than his full, true and correct name that he also establishes that the name was not adopted for the purpose of concealing his identity when obtaining a passport or visa, or for the purpose of using the passport or visa of another person or otherwise evading any provision of the immigration laws, and that the name used at the time of entry was one by which he had been known for a sufficient length of time prior to making application for a passport or visa to have permitted the issuing authority or authorities to have made any necessary investigation concerning him or that his true identity was known to such officials. [32 FR 9622, July 4, 1967]

§ 101.3 Alien Registration Receipt Card (Form I-151).

Upon establishment of lawful admission for permanent residence under this part, an Alien Registration Receipt Card, Form I-151, shall be issued without requiring the submission of an application or fee.

[32 FR 9622, July 4, 1967]

103.26 Fees for copies of records.

103.27 Appeals from denials of access. 103.28 Requests for correction of records. 103.29 Records not subject to correction. 103.30 Accounting for disclosures.

103.31 Notices of subpoenas and emergency disclosures.

103.32 Information forms.

103.33 Contracting record systems. 103.34 Security of records systems. 103.35 Use and collection of Social Security numbers.

103.36 Employee standards of conduct with regard to privacy.

AUTHORITY: Sec. 501, 65 Stat. 290, sec. 103.66 Stat. 173; 31 U.S.C. 483a, 8 U.S.C. 1103. Interpret or apply secs. 281, 382, 343, 344, 405, 66 Stat. 230, 252, 263, 264, 280; 8 U.S.C. 1351, 1443, 1454, 1455, 1101 and note; 7 U.S.C. 2243.

SOURCE: 40 FR 44481, Sept. 26, 1975, unless otherwise noted.

§ 103.1 Delegations of authority.

Without divesting the Commissioner of any of the powers, privileges, and duties delegated to him by the Attorney General under the immigration and naturalization laws of the United States, coextensive authority is hereby delegated to the Deputy Commission

er. The authority for program development, coordination, evaluation, counseling and staff direction stated below is hereby delegated to the following-described officers of the Ser

vice.

(a) Associate Commissioner, Examinations. The Adjudications, Inspections, and Citizenship and Naturalization programs and general direction of the Assistant Commissioners for Adjudications, Inspections, and Naturalization.

(1) Assistant Commissioner for Adjudications. The Adjudicative programs. (2) Assistant Commissioner for Inspections. The Inspections programs. (3) Assistant Commissioner for Naturalization. The Citizenship and Naturalization programs.

(b) Associate Commissioner, Enforcement. The Border Patrol, Investigations, and Detention and Deportation programs and general direction of the Assistant Commissioners for Border Patrol, Investigations, and Detention and Deportation.

(1) Assistant Commissioner for Border Patrol. The Border Patrol programs.

(2) Assistant Commissioner for Investigations. The Investigation programs.

(3) Assistant Commissioner for Detention and Deportation. The Detention and Deportation programs.

(c) Associate Commissioner, Management. The Administrative, Records and Information, and Personnel programs and general direction of the Assistant Commissioners for Administration, Information Services, and Personnel.

(1) Assistant Commissioner for Administration. The fiscal, procurement, communication, and engineering ac

tivities.

(2) Assistant Commissioner for Information Services. The Records Administration and Information, Statistics, and Automated Data Processing programs.

(3) Assistant Commissioner for Personnel. The Personnel programs.

(d) Associate Deputy Commissioner for Planning and Evaluation. Principal staff adviser to the Commissioner and Deputy Commissioner on all pro

zens. (1) (i) An alien for whom there exists a record of admission prior to September 11, 1957, as a United States citizen who establishes that at the time of such admission he was the child of a United States citizen parent; he was erroneously issued a United States passport or included in the United States passport of his citizen parent accompanying him or to whom he was destined; no fraud or misrepresentation was practiced by him in the issuance of the passport or in gaining admission; he was otherwise admissible at the time of entry except for failure to meet visa or passport requirements; and he has maintained a residence in the United States since the date of admission, or (ii) an alien who meets all of the foregoing requirements except that if he were, in fact, a citizen of the United States a passport would not have been required, or it had been individually waived, and was erroneously admitted United States citizen by a Service officer. For the purposes of all of the foregoing, the terms "child" and "parent" shall be defined as in section 101(b) of the Immigration and Nationality Act, as amended.

(2) An alien admitted to the United States before July 1, 1948, in possession of a section 4(a) 1924 Act nonquota immigration visa issued in accordance with State Department regulations, including a child of a United States citizen after he reached the age of 21, in the absence of fraud or misrepresentation; a member of a naturalized person's family who was admitted to the United States as a United States citizen or as a section 4(a) 1924 Act nonquota immigrant on the basis of that naturalization, unless he knowlingly participated in the unlawful naturalization of the parent or spouse rendered void by cancellation, or knew at any time prior to his admission to the United States of the cancellation; and a member of a naturalized person's family who knew at any time prior to his admission to the United States of the cancellation of the naturalization of his parent or spouse but was admitted to the United States as a United States citizen pursuant to a State Department or Service determination based upon a then

An alien who entered the United States as either an immigrant or nonimmigrant under any of the following circumstances shall be regarded as having been lawfully admitted in such status, except as otherwise provided in this part: An alien otherwise admissible whose entry was made and recorded under other than his full true and correct name or whose entry record contains errors sex, in recording names of relatives, or names of foreign places of birth or residence, provided that he establishes by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him, and, if entry occurred on or after May 22, 1918, if under other than his full, true and correct name that he also establishes that the name was not adopted for the purpose of concealing his identity when obtaining a passport or visa, or for the purpose of using the passport or visa of another person or otherwise evading any provision of the immigration laws, and that the name used at the time of entry was one by which he had been known for a sufficient length of time prior to making application for a passport or visa to have permitted the issuing authority or authorities to have made any necessary investigation concerning him or that his true identity was known to such officials. [32 FR 9622, July 4, 1967]

§ 101.3 Alien Registration Receipt Card (Form I-151).

[32 FR 9622, July 4, 1967]

PART 103-POWERS AND DUTIES OF T SERVICE OFFICERS; AVAILABILITY OF SERVICE RECORDS

Sec.

103.1 Delegations of authority.

103.2 Applications, petitions, and other documents.

103.3 Denials, appeals and precedent deci

sions.

103.4 Certifications.

103.5 Reopening or reconsideration. 103.5a Service of notification, decisions, and other papers by the Service. #103.6 Surety bonds. 103.7 Fees.

103.8 Definitions pertaining to availability of information under the Freedom of Information Act.

103.9 Availability of decisions and interpretive material under the Freedom of Information Act.

1 103.10 Requests for records under the Freedom of Information Act.

#103.20 Purpose and scope.

103.21 Access by individuals to records

maintained about them.

103.22 Records exempt in whole or in part. 103.23 Special access procedures. #103.24 Requests for accounting of record

disclosure.

1103.25 Notice of access decisions; time

limits.

103.26 Fees for copies of records. 103.27 Appeals from denials of access. 103.28 Requests for correction of records. 103.29 Records not subject to correction. 103.30 Accounting for disclosures. 103.31 Notices of subpoenas and emergency disclosures.

103.32 Information forms.

103.33 Contracting record systems. 103.34 Security of records systems. 103.35 Use and collection of Social Security numbers.

103.36 Employee standards of conduct with regard to privacy.

SOURCE: 40 FR 44481, Sept. 26, 1975, unless otherwise noted.

§ 103.1 Delegations of authority.

er. The authority for program development, coordination, evaluation, counseling and staff direction stated below is hereby delegated to the following-described officers of the Ser

vice.

(1) Assistant Commissioner for Adjudications. The Adjudicative programs. (2) Assistant Commissioner for Inspections. The Inspections programs.

(3) Assistant Commissioner for Naturalization. The Citizenship and Naturalization programs.

(1) Assistant Commissioner for Border Patrol. The Border Patrol programs.

(2) Assistant Commissioner for Investigations. The Investigation programs.

(3) Assistant Commissioner for Detention and Deportation. The Detention and Deportation programs.

(1) Assistant Commissioner for Administration. The fiscal, procurement, communication, and engineering ac

tivities.

(2) Assistant Commissioner for Information Services. The Records Administration and Information, Statistics, and Automated Data Processing programs.

(3) Assistant Commissioner for Personnel. The Personnel programs.

(d) Associate Deputy Commissioner for Planning and Evaluation. Principal staff adviser to the Commissioner and Deputy Commissioner on all pro

gram issues and evaluation of Service program activities.

(e) General Counsel. Advise, on legal matters, to the Commissioner and his staff, the Attorney General, Solicitor General and other officers of the Department of Justice, also officers of other Departments of the Government. Prepares legislative reports, as necessary assists in litigation, including preparation of briefs. Directs the activities of the Regional Counsels and the Appellate Trial Attorneys and, acting through a Chief Trial Attorney, has responsibility for planning, coordinating, evaluating and, counseling relating to the Trial Attorney program. The General Counsel is authorized to approve production or disclosure in response to subpoenas or demands of courts or other authorities, as proviced in 28 CFR 16.23(b)(2)(iii).

(f) Chief Special Inquiry Officer. The general supervision, direction and scheduling of Special Inquiry Officers in the conducting of the various proceedings assigned to them.

(g) Executive Assistant. The activities of the Office of the Commissioner and serves as principal staff assistant to the Commissioner.

(h) Executive Assistant Deputy Commissioner. The activities of the Office of the Deputy Commissioner and serves as principal staff assistant to the Deputy Commissioner.

(i) Public Information Officer. The Public Information program activities.

(j) Director of Field Inspections. The Central Office programs for inspection of Field Office Operational and Administrative program activities.

(k) Director of Intelligence. The Intelligence program.

(1) Director Internal Investigations. The Internal Investigation programs. (m) Regional Commissioners. The activities of the Service within their respective regional areas, including authority to settle tort claims of $2,500 or less pursuant to section 2672 of Title 28, United States Code, and authority pursuant to sections 951 and 952 of Title 31, United States Code, to compromise or to suspend or terminate collection efforts of, claims of the United States which do not exceed $20,000, exclusive of interest, as well

as the following appellate jurisdictio specified in this chapter.

(1) Decisions on breaching of bonds as provided in § 103.6(e);

(2) Decisions on third- and sixth preference petitions, as provided in § 204.1(c), except when the denial of the petition is based upon the lack of & certification by the Secretary of Labo pursuant to section 212(a)(14) of the Act;

(3) [Reserved]

(4) Decisions on orphan petitions, as provided in § 204.1(b);

(5) [Reserved]

(6) Decisions revoking approval of certain petitions, as provided in § 205.3;

(7) Decisions on applications for per mission to reapply for admission to the United States after deportation or removal, as provided in § 212.2;

(8) Decisions on applications for waiver of certain grounds of excludability, as provided in § 212.7(a);

(9) Decisions on applications for waiver of the two-year foreign resi dence requirement, as provided in § 212.7(c);

(10) Decisions on petitions for approval of schools, as provided in § 214.3;

(10a) Decisions by Special Inquiry Officers in proceedings to withdraw the approval of petitions by schools, as provided in § 214.4(j);

(11) Decisions on petitions for temporary workers or trainees and fiancees and fiances of citizens of the United States, as provided in § 214.2;

(12) Decisions on applications for issuance of reentry permits; as provided in § 223.1;

(12a) Decisions on applications for refugees travel documents, as provided in § 223a.4;

(13) Decisions on applications for benefits of section 13 of the Act of September 11, 1957, as provided in § 245.3;

(14) Decisions on adjustment of status of certain resident aliens to nonimmigrants, as provided

§ 247.12(b);

(15) Decisions on applications for change of nonimmigrant status, as provided in § 248.3(d);

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