charged by a Service officer. The district director having custody of the file containing the immigration bond executed on Form I-352 shall determine whether the bond shall be declared breached or cancelled, and shall notify the obligor on Form I-323 or Form I-391 of the decision, and, if declared breached, of the reasons therefor, and of the right to appeal in accordance with the provisions of this part.

[31 FR 11713, Sept. 7, 1966, as amended at 32 FR 9622, July 4, 1967; 33 FR 5255, Apr. 2, 1968; 33 FR 10504, July 24, 1968; 34 FR 1008, Jan. 23, 1969; 34 FR 14760, Sept. 25, 1969; 39 FR 12334, Apr. 5, 1974; 39 FR 19201, May 31, 1974; 40 FR 42852, Sept. 17, 1975]

§ 103.7 Fees.

(a) Remittances. Fees prescribed within the framework of 31 U.S.C. 483a shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or regulation. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefor, the district director having jurisdiction over the place where the original proceeding was conducted shall require the filing of the application and the payment of the fee. Every remittance shall be accepted subject to collection. A charge of $5.00 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn. A receipt issued by a Service officer for any such remittance shall not be binding if the remittance is found uncollectible. Remittances must be drawn on a bank or other institution located in the United States and be payable in United States currency. Fees in the form of postage stamps shall not be accepted. Remittances shall be made payable to the "Immigration and Naturalization Service," except that in case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the "Commissioner of Finance of the Virgin Islands," and, in the case of applicants residing in Guam, the remittances shall be made payable to the "Treasurer, Guam." If payment is

made by international money order of the type that cannot be mailed with the application or petition, the money order must be drawn on the postmaster of the city in the United States to which the application or petition is being mailed.

(b) Amounts of fees. (1) The following fees and charges are prescribed: For filing application for Alien Registration Receipt Card (Form I-151), in lieu of one lost, mutilated, or destroyed, or in a changed name-$10.00

For filing application application for verification of information contained in service records-$8.00

For filing application (form I-102) for arrival-departure record (form I-94) or crewman's landing permit (form I-95), in lieu of one lost, mutilated, or destroyed-$5.00 For filing application for a U.S. citizen identification card-$5.00

For filing application for permission to reapply for an excluded or deported alien, an alien who has fallen into distress and has been removed as an alien enemy, or an alien who has been removed at Government expense in lieu of deportation$20.00

For filing application for passport or visa waiver prior to or at the time application is made for temporary admission to the United States-$5.00 1

For filing application for visa waiver when application is made for admission as a returning resident-$5.00 1

1

For filing application for passport waiver prior to or at the time application is made for permanent admission-$5.00 1 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 does not have appellate jurisdiction. (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 petition to classify nonimmigrant as temporary worker or trainee under section 214(c) of the act-$10.00

For filing petition to classify nonimmigrant as fiancee or fiance under section 214(d) of the act-$10.00

For filing petition to classify status of alien relative for issuance of immigrant visa under section 204(a) of the act-$10.00 For filing application for issuance or extension of reentry permit-$5.00

For filing application for issuance or extension of refugee travel document-$5.00 For filing application for extension of stay of a nonimmigrant, other than one de1 Plus Communication costs.

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 petition, the application, 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 of 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.

of

(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 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 Service 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

DOM OF INFORMATION REQUEST"" or "INFORMATION REQUEST". Any request for information not marked and addressed as specified in this paragraph will be so marked by Service personnel as soon as it is properly identified, and forwarded immediately to the appropriate office. A request will not be deemed to have been received for purposes of the time period set forth in 5 U.S.C. 552(a) (6) until forwarding to the appropriate office has been effected, or until such forwarding would have been effected with the exercise of due diligence by Service personnel. On receipt of a request forwarded as set forth above to the appropriate office, such office shall notify the requester of the date on which the time period commenced to run. The use of Form G-639 is recommended for rapid identification as a Freedom of Information matter and to insure expeditious handling. Each request made under this section pertaining to the availability of a record shall describe the record with sufficient specificity with respect to names, dates, subject matter and location to permit it to be identified and located. A request for all records falling within a reasonable specific category shall be regarded as conforming to the requirement that records be reasonably described if it enables the records requested to be identified by any process that is not unreasonably burdensome or disruptive of Service operations. If it is determined that a request does not reasonably describe the records sought, as specified above, the response rejecting the request on that ground shall specify the reasons why the request failed to meet requirements and shall extend to the requester an opportunity to confer with Service personnel in order to attempt to reformulate the request in a manner which will meet the needs of the requester and the requirements of this subsection.

(b) Authority to grant and deny requests (1) Grants. The Associate Commissioner, Management, may grant any type of request. The head of any office specified in paragraph (a) (1) of this section may grant the following types of requests:

(i) Requests for information and records which officers and employees of the Service prior to the enactment of 5 U.S.C. 552 customarily furnished to the public in the regular performance of their duties;

(ii) Requests for records of proceedings in deportation hearings, unless members of the public have been excluded from the hearings by direction of the special inquiry officer pursuant to § 242.16(a) of this chapter;

(iii) Requests for records of proceedings in naturalization examinations and hearings;

(iv) Requests for records of proceedings in any other proceedings before the Service which were open to the public;

(v) Requests for records of proceedings in administrative fine cases; and

(vi) Requests for any other records of the Service, including portions of records, which clearly are not within the exemptions from disclosure enumerated in 5 U.S.C. 552(b).

(2) Denials. The Associate Commissioner, Management, regional commissioners, and district directors have authority to deny a request. They shall also have authority, in the exercise of discretion, to waive the exemption of a record from disclosure under 5 U.S.C. 552(b) (3) in that it is within the purview of section 264(b) of the Act, 8 U.S.C. 1304(b).

(3) Authority to state that a record cannot be located or does not exist. The head of any office specified in paragraph (a) (1) of this section has authority to notify a requester that a record cannot be located from the information supplied, or is known to have been destroyed or otherwise disposed of.

(c) Prompt response-(1) Response within 10 days. Within 10 days (excluding Saturdays, Sundays and legal public holidays) of the receipt of a request by the Service (or in the case of an improperly addressed request, of its receipt by the appropriate office as specified in paragraph (a) of this section), the authorized Service official shall either comply with or deny such request unless an extension is made under 28 CFR 16.5(c). A request improperly addressed will not be deemed to have been received for purposes of