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101(a)(15)(G)(v) of the act-$5.00 For filing petition to classify preference status of an alien on basis of profession or occupation under section 204(a) of the act-$20.00
For filing petition to classify orphan as an immediate relative for issuance of immigrant visa under section 204(a) of the act. (When more than one petition is submitted by the same petitioner in behalf of orphans who are brothers or sisters, only one fee will be required.)-$35.00
For filing application for schocl approval, except in the case of a school or school system owned or operated as a public educational institution or system by the United States or a State or political subdivision thereof-$30.00
For filing application for discretionary relief under section 212(c) of the act$50.00
For filing application for discretionary relief under section 212(d)(3) of the act, except in an emergency case, or where the approval of the application is in the interest of the U.S. Government-$10.00 For filing application for waiver of the foreign-residence requirement under section 212(e) of the act-$65.00
For filing application for waiver of ground of excludability under section 212 (h) or (i) of the act. (Only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those sections.)-$40.00 For filing application for adjustment of status to that of a permanent resident under section 245 of the act-$25.00 For filing application for adjustment of status to that of a permanent resident under section 13 of the act of Sept. 11, 1957-$25.00
For filing application for creation of record of admission for permanent residence under section 249 of the act-$25.00 For filing application to record lawful admission for permanent residence under section 214(d) of the act-$25.00 For filing application for change of nonimmigrant classification under section 248 of the act-$10.00
For filing appeal from or motion to reopen or reconsider any decision under the immigration laws in any type of proceeding over which the Board of Immigration Appeals has appellate jurisdiction in accordance with §3.1(b) of this chapter. When the motion to reopen or reconsider is made concurrently with any application under the immigration laws, such application will be considered an integral part of the motion and only the fee for filing the motion or the fee for filing the applica
tion, whichever is greater, is payable. (The fee of $50 shall be charged whenever an appeal or motion is filed by or on behalf of two or more aliens and all such aliens are covered by one decision.)-$50.00 For filing application for stay of deportation under part 243 of this chapter$40.00
For filing application for temporary withholding of deportation under section 243(h) of the act-$25.00
For filing application for suspension of deportation under section 244 of the act$65.00
For filing application for transfer of petition for naturalization under section 335(i) of the act, except when transfer is of a petition for naturalization filed under the act of Oct. 24, 1968, Pub. L. 90-633$10.00
For filing application for a certificate of naturalization or declaration of intention in lieu of a certificate or declaration alleged to have been lost, mutilated, or destroyed; or for a certificate of citizenship in a changed name under section 343 (b) or (d) of the act-$5.00
For filing application for certificate of citizenship on form N-600 under section 309(c) or section 341 of the act-$10.00 For filing application for certificate of citizenship on form N-400 by a parent, and the issuance thereof, under section 341 of the act-$10.00
For filing application for a special certificate of naturalization to obtain recognition as a citizen of the United States by a foreign state under section 343(c) of the act-$10.00
For filing application for a certificate of naturalization or repatriation under section 343(a) of the Immigration and Nationality Act or the 12th subdivision of section 4 of the act of June 29, 1906-$5.00 For filing application for section 316(b) or 317 of the act benefits-$10.00
For special statistical tabulations a charge will be made to cover the cost of the work involved-$
For set of monthly, semiannual, or annual tables entitled "Passenger Travel Reports via Sea and Air"-$7.00
For annual subscription for "Passenger Travel Reports via Sea and Air”-$105.00 For certification of true copies, each-$1.00 For attestation under seal-$3.00
(2) Fees for production or disclosure of records under 5 U.S.C. 552 shall be charged in accordance with the regulations of the Department of Justice, 28 CFR 16.9.
(3) Except as otherwise provided in paragraph (c) of this section, for services performed under section 344(a) of the Act the clerk of court shall
charge, collect, and account for the following fees:
For receiving and filing a declaration of intention-$5.00
For making, filing, and docketing a petition for naturalization-$25.00
(c) Waiver of fees. (1) Except as otherwise provided in this paragraph and in § 3.3(b) of this chapter, any of the fees prescribed in paragraph (b) of this section relating to applications, petitions, appeals, motions, or requests may be waived in any case in which the alien or other party affected is unable to pay the prescribed fee if he files his affidavit asking for permission to prosecute without payment of fee the application, petition, appeal, motion, or request, and stating his belief that he is entitled to or deserving of the benefit requested and the reasons for his inability to pay. The officer of the Service having jurisdiction to render a decision on the application, petition, appeal, motion, or request may, in his discretion, grant the waiver of fee. Fees for "Passenger Travel Reports via Sea and Air" and for special statistical tabulations may not be waived.
(2) Fees under the Freedom of Information Act, as amended, may be waived or reduced where the Service determines such action would be in the public interest because furnishing the information can be considered as primarily benefiting the general public.
(3) When the prescribed fee is for services to be performed by the clerk of court under section 344(a) of the Act, the affidavit for waiver of the fee shall be filed with the district director or officer in charge of the Service having administrative jurisdiction over the place in which the court is located at least 7 days prior to the date the fee is required to be paid. If the waiver is granted, there shall be delivered to the clerk of court by a Service representative on or before the date the fee is required to be paid, a notice prepared on Service letterhead and signed by the officer granting the waiver, that the fee has been waived pursuant to this paragraph.
(d) Authority to certify records. Whenever authorized under 5 U.S.C. 552 or any other law to furnish infor
mation from records to persons entitled thereto, the following officials, or their designees authorized in writing as specified below, have authority to make certification, as follows:
(1) The Associate Commissioner, Management, or the Assistant Commissioner, Information Services, or the designee of either, authorized in writing to make certification in his absence-copies of files, documents, and records in the custody of the Central Office.
(2) A regional commissioner, or district director, or the designee of either, authorized in writing to make certification in his absence-copies of files, documents, and records in the custody of his office.
(3) The Assistant Commissioner, Information Services, or the Chief, Records Administration and Information Branch, Central Office, or the designee of either, authorized in writing to make certification in his absence-the non-existence of an official record in the records of the Service.
[38 FR 35296, Dec. 27, 1973, as amended at 40 FR 7236, 7238, Feb. 19, 1975; 41 FR 1887, Jan. 13, 1976; 41 FR 2629, Jan. 19, 1976; 41 FR 34937, Aug. 18, 1976; 42 FR 33025, June 29, 1977]
§ 103.8 Definitions pertaining to availability of information under the Freedom of Information Act.
Sections 103.8, 103.9, and 103.10 of this part, comprise the Service regulations under the Freedom of Information Act, 5 U.S.C. 552. These regulations supplement those of the Department of Justice, 28 CFR Part 16, Subpart A. As used in this part the following definitions shall apply:
(a) The term "decision" means a final written determination in a proceeding under the Act accompanied by a statement of reasons. Orders made by check marks, stamps, or brief endorsements which are not supported by a reasoned explanation, or those incorporating preprinted language on Service forms are not "decisions".
(b) The term "records" includes records of proceedings, documents, reports, and other papers maintained by the Service.
(c) The term "record of proceeding" is the official history of any hearing,
examination, or proceeding before the Service, and in addition to the application, petition, order to show cause, or other initiating document, includes the transcript of hearing or interview, exhibits, and any other evidence relied upon in the adjudication; papers filed in connection with the proceeding, including motions and briefs; the Service officer's determination; notice appeal or certification; the Board or other appellate determination; motions to reconsider or reopen; and documents submitted in support of appeals, certifications, or motions.
[32 FR 9623, July 4, 1967, as amended at 40 FR 7236, Feb. 19, 1975]
§ 103.9 Availability of decisions and interpretive material under the Freedom of Information Act.
(a) Precedent decisions. There may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, bound volumes of designated precedent decisions entitled "Administrative Decisions Under Immigration and Nationality Laws of the United States," each containing a cumulative index. Prior to publication in volume from current precedent decisions, known as interim decisions, are obtainable from the Superintendent of Documents on a single copy or yearly subscription basis. Bound volumes and current precedent decisions may be read at principal Service offices.
(b) Unpublished decisions. Each district director in the United States will maintain copies of unpublished Service and Board decisions relating to proceedings in which the initial decision was made in his district. Each regional commissioner will maintain copies of unpublished decisions made by him. The Central Office will maintain copies on a national basis of unpublished Service decisions.
(c) Deletion of identifying details. To the extent required to prevent a clearly unwarranted invasion of personal privacy, the officer who makes the decision shall provide for deletions of names and such other identifying data as he deems appropriate from copies of decisions which are made available. (d) Statements of policy, interpretations, manuals, instructions to staff.
Statements of policy, interpretations, and those manuals and instructions to staff (or portions thereof), affecting the public, will be made available at district offices in the United States and at the Central Office with an accompanying index of any material which is issued on or after July 4, 1967.
(e) Public reading rooms. The Central Office and each district office in the United States will provide a reading room or reading area where the material described in this section will be made available to the public. Additional material will be made available in the public reading rooms, including the immigration and nationality laws, title 8 of the United States Code Annotated, Title 8 of the Code of Federal Regulations-Chapter I, a complete set of the forms listed in Parts 299 and 499 of this chapter, and the Department of State Foreign Affairs Manual, Volume 9-Visas. Fees will not be charged for providing access to any of these materials, but fees in accordance with § 103.7(b) will be charged for furnishing copies.
[32 FR 9623, July 4, 1967, as amended at 36 FR 20151, Oct. 16, 1971; 40 FR 7237, Feb. 19, 1975]
§ 103.10 Requests for records under the Freedom of Information Act.
(a) Place and manner of requesting records—(1) Place. Records shall be made available in the Central Office, each regional office, any district office, and the following offices: Agana, Guam; Albany, N.Y.; Cincinnati, Ohio; Hammond, Ind.; Harlingen, Tex.; Las Vegas, Nev.; Memphis, Tenn.; Milwaukee, Wis.; Norfolk, Va.; Pittsburgh, Pa.; Providence, R.I.; Reno, Nev.; St. Louis, Mo.; Salt Lake City, Utah; Spokane, Wash.; additionally, in particular cases, a district director may designate any other SerIvice office. Active alien records are maintained in the district or suboffice listed above where the subject of the record resides. For locations of regional and district offices, see 8 CFR 100.4.
(2) Manner of requesting records. Requests for records may be made in person or by mail. If a request is made by mail, both the envelope and its contents shall be clearly marked: “FREE
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 (1); 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 employ. ees 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.
140 FR 30468, July 21, 1975, as amended s 41 FR 27312, July 2, 1976; 42 FR 55880, Oc 20, 19770
§ 103.2 Applications, petitions, and other
(a) General. Every application, pestion, or other document submitted or a form prescribed by this chapter sha 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 such a person's behalf. Any required oath may be administered by an immigration 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, provided 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