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

(16) Decisions on applications to preserve residence for naturalization purposes, as provided in § 316a.21(c);

(17) Decisions on applications for certificates of citizenship, as provided in § 341.6;

(18) Decisions on administrative cancellation of certificates, documents, or records, as provided in § 342.8;

(19) Decisions on applications for certificates of naturalization or repatriation, as provided in § 343.1;

(20) Decisions on applications for new naturalization or citizenship papers, as provided in § 343a.1(c); and

(21) Decisions on applications for special certificates of naturalization, as provided in § 343b.11(b).

(m-1) Regional Counsels. In addition to other legal activities performed under the executive direction of the General Counsel, authority within their respective regional areas, concurrent with that of the General Counsel, to approve production or disclosure in response to subpoenas or demands of courts or other authorities, as provided in 28 CFR 16.23(b)(2)(iii).

(n) District Directors. Under the executive direction of a regional commissioner (except district directors outside the United States who operate under the general supervision of the Commissioner and direction of the Deputy Commissioner), the grant or denial of any application or petition submitted to the Service, the initiation of any authorized proceeding in their respective districts, and the exercise of the authorities under §§ 242.1(a), 242.2(a), and 242.7 of this chapter without regard to geographical limitations. District directors outside the United States have all appellate jurisdiction specified in this chapter not reserved to the Board of Immigration Appeals for matters arising in their respective districts. District directors, acting district directors and deputy district directors are authorized to conduct the proceeding provided for in § 252.5 of this chapter.

(0) Officers in Charge. The supervision of Inspection at ports of entry and the authorization of extensions of nonimmigrant admission periods and of voluntary departure prior to the commencement of deportation hearings. Officers in charge in Districts 33,

35, and 37 have the same powers with respect to petitions and applications submitted by citizens or aliens residing in their respective areas as are conferred on district directors in the United States. The officers in charge in the places enumerated in § 212.1(i) of this chapter have the authority to act on requests for waiver of visa and passport requirements under the provisions of section 212(d)(4)(A) of the Act.

(1) The officers in charge of the offices located in Frankfurt, Germany; Athens, Greece; Rome, Italy; Naples, Italy; Palermo, Italy; Vienna, Austria; Manila, Philippines; Tokyo, Japan; Hong Kong, B.C.C.; Mexico City, Mexico; Guadalajara, Mexico; Monterrey, Mexico; and Tijuana, Mexico, are authorized to perform the following functions: Authorize waivers of grounds of excludability under sections 212 (h) and (i) of the Act; adjudicate applications for permission to reapply for admission to the United States after deportation or removal if filed by an applicant for an immigrant visa in conjunction with an application for waiver of grounds of excludability under section 212 (h) or (i) of the Act, or if filed by an applicant for a nonimmigrant visa under section 101(a)(15)(K) of the Act; approve visa petitions of any immediate relative or preference status except third and sixth preference; in cases in which the Department of State had delegated recommending power to the consular officer, approve recommendations made by consular officers for waiver of grounds of excludability in behalf of nonimmigrant visa applicants under section 212(d)(3) of the Act and concur in proposed waivers by consular officers of the requirement of visa or passport by a nonimmigrant on the basis of unforeseen emergency; exercise discretion to grant applications for the benefits of sections 211 and 212(c) of the Act; process Form I-90 applications and deliver duplicate Forms I151; extend reentry permits; and process Form N-565 applications and deliver certificates issued thereunder.

(2) The officers in charge of the offices located in the following places may authorize conditional entry under section 203(a)(7) of the Act; Athens,

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 bond 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 a certification by the Secretary of Labor 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 in

§ 247.12(b);

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

(16) Decisions on applications to preserve residence for naturalization purposes, as provided in § 316a.21(c);

(17) Decisions on applications for certificates of citizenship, as provided in § 341.6;

(18) Decisions on administrative cancellation of certificates, documents, or records, as provided in § 342.8;

(19) Decisions on applications for certificates of naturalization or repatriation, as provided in § 343.1;

(20) Decisions on applications for new naturalization or citizenship papers, as provided in § 343a.1(c); and

(21) Decisions on applications for special certificates of naturalization, as provided in § 343b.11(b).

(2) The officers in charge of the offices located in the following places may authorize conditional entry under section 203(a)(7) of the Act; Athens,

Greece; Frankfurt, Germany; Rome, Italy; Vienna, Austria; and Hong Kong, B.C.C.

(3) The officers in charge of the offices located in the following places are authorized to perform the function of preinspection of passengers and crew on aircraft and surface vessels departing directly to the United States mainland: Hamilton, Bermuda; and Nassau, Bahamas.

(4) The officer in charge of the office in Montreal, Canada is authorized to perform preinspection of passengers and crew of aircraft departing directly to the United States mainland and authorize waivers of grounds of excludability under sections 212 (h) and (i); also, approve applications for permission to reapply for admission to the United States after deportation or removal, when filed in conjunction with an application for waiver of grounds of excludability under sections 212 (h) or (i) of the Act.

(p) Special Inquiry Officers. Following selection by the Commissioner, the exercise of the powers and duties in this chapter regarding the conduct of exclusion and expulsion hearings, proceedings for withdrawal of school approval, proceedings for rescission of adjustment of status, and such other proceedings which the Commissioner may assign them to conduct.

(q) Im▲migration Officer. Any immigration inspector, immigration examiner, border patrol agent, airplane pilot, deportation officer, detention officer, detention guard, investigator, general attorney (nationality), paralegal specialist, trial attorney (immigration), general attorney (immigration) or Supervisory officer of such employees is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specified by the Act, or this chapter.

(r) Chief Patrol Agents. Under the executive direction of a regional commissioner, the Border Patrol activities of the Service within their respective sector areas, including exercise of the authority contained in section 242(b) of the Act to permit aliens to depart voluntarily from the United States prior to commencement of hearing.

[40 FR 30468, July 21, 1975, as amended at 41 FR 27312, July 2, 1976; 42 FR 55880, Oct. 20, 19771

§ 103.2 Applications, petitions, and other

documents.

(a) General. Every application, peti tion, or other document submitted on a form prescribed by this chapter shall be executed and filed in accordance with the instructions contained on the form, such instructions being hereby incorporated into the particular section of the regulations requiring its submission. The native form of a name may also be required if such a document has been executed in an anglicized version thereof. A parent, guardian, or other adult having a legitimate interest in a person who is under 14 years of age may file on such a person's behalf, and a guardian of a mentally incompetent person may file on i such a person's behalf. Any required oath may be administered by an immi- ⠀ gration officer or person generally authorized to administer oaths, including persons so authorized by Article 136 of the Uniform Code of Military Justice. Applications or petitions received in any Service office shall be stamped to show the time and date of their actual receipt and, unless otherwise specified in Part 204 or Part 245 of this chapter or returned because they are improperly executed, shall be regarded as filed when so stamped. An application or petition which is presented at an office of this Service by a travel agent, a notary public, or by any individual other than the applicant, petitioner, or an attorney or representative authorized and qualified to represent the applicant or petitioner pursuant to § 292.1 of this chapter, shall be disposed of in the same manner as an application or petition received through the mail. The person submitting the application or petition shall be advised that, since he is not regarded as the authorized representative of the applicant or petitioner, the applicant or petitioner will be notified directly regarding the action taken.

(b) Evidence-(1) Requirements. Each application or petition shall be accompanied by the documents required by the particular section of the regulations under which submitted.

Form I-134 may be used if an affidavit of support would be helpful in resolving any public charge aspect. All accompanying documents must be submitted in the original and will not be returned unless accompanied by a copy. Except as provided in §§ 204.2(f), 212.8(b)(4), 214.2(h)(5), 214.2(1)(2), and 214.2(k) of this chapter, a copy unaccompanied by an original will be accepted only if the accuracy of the copy has been certified by an immigration or consular officer who has examined the original. A foreign document must be accompanied by an English translation. The translator must certify that he is competent to translate, and that the translation is accurate. If any required documents are unavailable, church or school records, or other evidence pertinent to the facts in issue, may be submitted. If such documents are unavailable, affidavits may be submitted. The Service may require proof of unsuccessful efforts to obtain documents claimed to be unavailable. The Service may also require the submission of additional evidence, including blood tests, may require the taking of testimony, and may direct the making of any necessary investigation. When any statement is taken from a person and that statement is signed by him, he shall be furnished a copy thereof, on request, without fee. Any allegations made in addition to, or in substitution for, those originally made shall be under oath and filed in the same manner as the original application, petition, or other document or noted on the original application, petition, or document and acknowledged under oath thereon. The status of an applicant or petitioner who claims that he is a lawful permanent resident alien of the United States will be verified from official records of the Service. Under the conditions hereinafter prescribed, the term 'official records,' as used herein, includes Service files, arrival manifests, arrival records, Service index cards. Immigrant Identification Cards, Certificates of Registry, Declarations of Intention issued after July 1, 1929, Alien Registration Receipt Cards (Form AR3, AR-103, or I-151), passports, and reentry permits. To constitute an 'official record' the Service index card

must bear a designated immigrant visa symbol and have been prepared in processing immigrant admissions or adjustments to permanent resident status. The other cards, certificates, declarations, permits, and passports must have been issued or have been endorsed by the Service to show admission for permanent residence. Except as otherwise provided in Part 101 of this chapter, and in the absence of countervailing evidence, such official records shall be regarded as establishing lawful admission for permanent residence.

(2) Inspection of evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as hereinafter provided. If the decision will be adverse to the applicant or petitioner on the basis of derogatory evidence considered by the Service and of which the applicant or petitioner is unaware, he shall be advised thereof and offered an opportunity to rebut it and present evidence in his behalf before the decision is rendered, except that classified evidence shall not be made available to him. Any explanation, rebuttal, or evidence presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding. A determination of statutory ineligibility shall not be valid unless based on evidence contained in the record of proceeding. In exercising discretionary power when considering an application or petition, the district director or officer in charge, in any case in which he is authorized to make the decision, may consider and base his decision on information not contained in the record and not made available for inspection by the applicant or petitioner, proIvided the regional commissioner has determined that such information is relevant and is classified under Executive Order No. 11652 (37 FR 5209; March 10, 1972) as requiring protection from unauthorized disclosure in the interest of national security. Whenever he believes he can do so consistently with safeguarding both the information and its source, the regional commissioner should direct that the applicant or petitioner be given notice of the general nature of the in

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