out a visa, the alien shall be issued Form I-512.

[40 FR 49767, Oct. 24, 1975]

§ 212.6 Nonresident alien border crossing cards.

(a) Use. A Canadian nonresident alien border crossing card on Form I185 may be presented by a Canadian citizen or British subject residing in Canada to facilitate entry at a U.S. port of entry. When presented by the rightful holder, Form I-185 is valid for admission in accordance with the terms noted thereon. If found otherwise admissible, the rightful holder of a Mexican nonresident alien border crossing card, Form I-186, may be admitted to the United States as a nonimmigrant visitor at a Mexican border port of entry without additional documentation for a period of 72 hours or less to visit in the immediate border area. The rightful holder of a Form I186 seeking entry as a nonimmigrant visitor at a Mexican border port of entry for a period of more than 72 hours, but not more than 15 days in the immediate border area, or to proceed outside the immediate border area but within the States of Texas, New Mexico, Arizona, or California, for not more than 15 days shall, if admitted, be issued Form SW-434, and if seeking entry as a nonimmigrant visitor at a Mexican border port of entry for a period of more than 15 days, or to proceed to an area in the United States other than Texas, New Mexico, Arizona, or California, shall, if admitted, be issued Form I-94. The rightful holder of a Form I-186 seeking entry to the United States from contiguous territory at other than a Mexican border port of entry shall, if admitted, be issued a Form I-94. For the purpose of this chapter, the immediate border area is defined as the area of the United States within a distance of 25 miles from the Mexican border. When applying for admission from a country other than Mexico or Canada, or from Canada if he has been in a country other than the United States or Canada, since leaving Mexico, the rightful holder of a valid Form I-186 seeking entry as a visitor for business or pleasure must, in addition, present

a valid passport and, if admitted, he shall be issued Form I-94.

(b) Application. A citizen of Canada or a British subject residing in Canada shall apply on Form I-175 for a nonresident alien border crossing card, supporting his application with evidence of Canadian or British citizenship, residence in Canada, and two photographs, size 11⁄2 inches x 11⁄2 inches. Form I-175 shall be submitted to an immigration officer at a Canadian border port of entry. A citizen of Mexico shall apply on Form I-190 for a nonresident alien border crossing card, supporting his application with evidence of Mexican citizenship and residence, a valid unexpired passport or a valid Mexican Form 13, and one photograph, size 11⁄2 inches x 12 inches. Form I-190 shall be submitted to an immigration officer at a Mexican border port of entry or to an American consular officer in Mexico, other than one assigned to a consulate situated adjacent to the border between Mexico and the United States. If the application is made to an American consular officer, Form FS-257 may be used in lieu of Form I-190. Each applicant under this paragraph, except a child under 14 years of age, shall appear in person before an immigration officer or a consular officer prior to the adjudication of his application and be interrogated concerning his eligibility for a nonresident alien border crossing card. If the applicant is a child under 14 years of age who seeks to commute daily to attend school in the United States, the child must appear with his parent or legal guardian for the required interview. If the application is denied the applicant shall be given a notice of denial with the reasons therefor on Form I-180. There shall be no appeal from such denial but such denial shall be without prejudice to a subsequent application for a visa or for admission to the United States.

(c) Validity. Notwithstanding any expiration date which may appear thereon, Forms I-185 and I-186 are valid until revoked or voided.

(d) Voidance. Forms I-185 and I-186 may be declared void, without notice, by a supervisory immigration officer at a port of entry or by an immigra

30-021 - 78-6

tion officer authorized to issue orders to show cause or to grant voluntary departure under Part 242 of this chapter. Form I-186 may be declared void by a consular officer in Mexico. The border crossing card to be voided shall be surrendered immediately and destroyed. The alien to whom the form was issued shall be notified of the action taken and the reasons therefor by means of Form I-180 delivered in person or, if such action is not possible, by mailing the Form I-180 to the address shown on the nonresident alien border crossing card. Violations of the immigration laws or subsequent developments indicating inadmissibility shall be grounds, though not exclusive, for voidance of the forms. An appeal shall not lie from a decision voiding a nonresident alien border crossing card but such voidance shall be without prejudice to a subsequent application for a visa or for admission to the United States.

(e) Replacement. If a nonresident alien border crossing card has been lost, mutilated, or destroyed, the person to whom such card was issued may apply for a new card in accordance with the provisions of this section. The holder of a Form I-185 or I186 which is in poor condition because of improper lamination may be issued a new one without submitting a fee or application upon surrender of the original card.

(f) Previous removal or deportation; waiver of inadmissibility. Pursuant to the authority contained in section 212 (d)(3) of the Act, the temporary admission of an alien who is inadmissible under paragraph (16) or (17) of section 212(a) of the Act is authorized if such alien is in possession of a Mexican Nonresident Alien Border Crossing Card and he establishes that he is otherwise admissible as a nonimmigrant visitor or student except for his removal or deportation prior to November 1, 1956, because of entry without inspection or lack of required documents.

[30 FR 10184, Aug. 17, 1965, as amended at 34 FR 129, Jan. 4, 1969; 35 FR 3065, Feb. 17, 1970; 37 FR 7584, Apr. 18, 1972; 37 FR 8061, Apr. 25, 1972; 37 FR 14288, June 19, 1972]

§ 212.7 Waiver of certain grounds of excludability.

(a) Section 212 (h) or (i). An applicant for an immigrant visa who is excludable and seeks a waiver under section 212 (h) or (i) of the Act shall file an application on Form I-601 at the consular office considering the application for a visa. Upon a determination by the consular office that the alien is admissible except for the grounds for which a waiver is sought, the Form I-601 is transmitted to the Service for decision. The applicant shall be notified of the decision and if the application is denied of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. An applicant may withdraw his application at any time prior to final decision, whereupon the case will be closed and the consulate notified. If he fails to prosecute his application within a reasonable time either before or after interview he shall be notified that if he fails to prosecute his application within 30 days his case will be closed subject to being reopened at his request. If no action has been taken within the 30-day period immediately thereafter, the case will be closed and the appropriate consul notified.

(b) Section 212(g) (tuberculosis and certain mental conditions). An alien who is an applicant for an immigrant visa and who, pursuant to section 212(g) of the Act, is seeking a waiver of his excludability under section 212(a) (1), (3), or (6) of the Act shall file (or if the alien is incompetent to do so, the family member specified in section 212(g) shall file) an application on Form I-601 at the consular office considering the application for a visa. An alien who is applying at a port of entry for admission to the United States, or who is outside the United States and is applying for conditional entry pursuant to section 203(a)(7) of the Act, or who is within the United States and is under any proceeding before the Service in which a waiver pursuant to section 212(g) is required before it may be determined that he is not excludable under section 212(a) (1), (3), or (6) of the Act, may file an application with the Service office

having jurisdiction over the port of entry or place where he is located.

(1) Section 212(a)(6) (tuberculosis). If the alien is excludable under section 212(a)(6) of the Act because of tuberculosis, he shall execute statement A on the reverse of page 1 of Form I-601. In addition, he or his sponsor in the United States is responsible for having Statement B executed by the physician or health facility which has agreed to supply treatment or observation; and, if required, Statement C shall be executed by the appropriate local or State health officer.

(2) Section 212(a) (1) or (3) (certain mental conditions)-(i) Arrangements for submission of medical report. If the alien is excludable under section 212(a) (1) or (3) (because of mental retardation or because of a past history of mental illness) he or his sponsoring family member shall submit an executed Form I-601 to the consular or Service office with a statement that arrangements have been made for the submission to that office of a medical report. The medical report shall contain a complete medical history of the alien, including details of any hospitalization or institutional care or treatment for any physical or mental condition; findings as to the current physical condition of the alien, including reports of chest X-ray examination and of serologic test for syphilis if the alien is 15 years of age or over, and other pertinent diagnostic tests; and findings as to the current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in case of mental retardation, also provide an evaluation of the alien's intelligence. For an alien with a past history of mental illness, the medical report shall also contain available information on which the U.S. Public Health Service can base a finding as to whether the alien has been free of such mental illness for a period of time sufficient in the light of such history to demonstrate recovery. Upon receipt of the medical report, the consular or Service office shall refer it to the U.S. Public Health Service for review.

(ii) Submission of statement. Upon being notified that the medical report has been reviewed by the U.S. Public Health Service and determined to be acceptable, the alien or his sponsoring family member shall submit to the consular or Service office a statement, from a clinic, hospital, institution, school, other specialized facility, or specialist in the United States acceptable to the U.S. Public Health Service. The statement shall specify the name and address of the clinic, hospital, institution, school, other specialized facility, or specialist, and shall affirm (a) that the specified facility or specialist has agreed to accept the alien for all necessary diagnostic studies and medical supervision for a period of 5 years and during such period to be responsible either for providing, or for ensuring that the alien is provided such additional care, training, or schooling as the diagnostic studies indicate to be necessary; (b) that the alien, his sponsoring family member, or other responsible person has made complete financial arrangements for payment of any charges that will be made during the 5-year period for all necessary diagnostic studies, care, and specialized training or schooling of the alien, including services to be received from the specified facility or specialist or from other sources; (c) that the specified facility or specialist will furnish the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333, an initial report, giving a current evaluation of the mental status of the alien within 30 days after his arrival; semiannual reports of his mental status for a period of 5 years, even if he has been discharged from care, training, or schooling, unless approval has been granted by the U.S. Public Health Service to transfer responsibility for the medical supervision of the alien to another facility or specialist; prompt notification of the death of the alien, of his departure without approval of the facility or specialist, or of his failure to report to the facility or specialist as may be required in connection with semiannual reports, or of his failure to report to the facility or specialist within 30 days after the facility or specialist receives notice from the U.S. Public Health

tion officer authorized to issue orders to show cause or to grant voluntary departure under Part 242 of this chapter. Form I-186 may be declared void by a consular officer in Mexico. The border crossing card to be voided shall be surrendered immediately and destroyed. The alien to whom the form was issued shall be notified of the action taken and the reasons therefor by means of Form I-180 delivered in person or, if such action is not possible, by mailing the Form I-180 to the address shown on the nonresident alien border crossing card. Violations of the immigration laws or subsequent developments indicating inadmissibility shall be grounds, though not exclusive, for voidance of the forms. An appeal shall not lie from a decision voiding a nonresident alien border crossing card but such voidance shall be without prejudice to a subsequent application for a visa or for admission to the United States.

(e) Replacement. If a nonresident alien border crossing card has been lost, mutilated, or destroyed, the person to whom such card was issued may apply for a new card in accordance with the provisions of this section. The holder of a Form I-185 or I186 which is in poor condition because of improper lamination may be issued a new one without submitting a fee or application upon surrender of the original card.

(f) Previous removal or deportation; waiver of inadmissibility. Pursuant to the authority contained in section 212 (d)(3) of the Act, the temporary admission of an alien who is inadmissible under paragraph (16) or (17) of section 212(a) of the Act is authorized if such alien is in possession of a Mexican Nonresident Alien Border Crossing Card and he establishes that he is otherwise admissible as a nonimmigrant visitor or student except for his removal or deportation prior to November 1, 1956, because of entry without inspection or lack of required documents.

[30 FR 10184, Aug. 17, 1965, as amended at 34 FR 129, Jan. 4, 1969; 35 FR 3065, Feb. 17, 1970; 37 FR 7584, Apr. 18, 1972; 37 FR 8061, Apr. 25, 1972; 37 FR 14288, June 19, 1972]

§ 212.7 Waiver of certain grounds of ex cludability.

(a) Section 212 (h) or (i). An appli cant for an immigrant visa who is excludable and seeks a waiver under sec tion 212 (h) or (i) of the Act shall file an application on Form I-601 at the consular office considering the appli cation for a visa. Upon a determination by the consular office that the alien is admissible except for the grounds for which a waiver is sought, the Form I-601 is transmitted to the Service for decision. The applicant shall be notified of the decision and if the application is denied of the rea sons therefor and of his right to appeal in accordance with the provi sions of Part 103 of this chapter. An applicant may withdraw his applica tion at any time prior to final decision, whereupon the case will be closed and the consulate notified. If he fails to prosecute his application within a rea sonable time either before or after interview he shall be notified that if he fails to prosecute his application within 30 days his case will be closed subject to being reopened at his request. If no action has been taken within the 30-day period immediately thereafter, the case will be closed and the appropriate consul notified.

(b) Section 212(g) (tuberculosis and certain mental conditions). An alien who is an applicant for an immigrant visa and who, pursuant to section 212(g) of the Act, is seeking a waiver of his excludability under section 212(a) (1), (3), or (6) of the Act shall file (or if the alien is incompetent to do so, the family member specified in section 212(g) shall file) an application on Form I-601 at the consular office considering the application for a visa. An alien who is applying at a port of entry for admission to the United States, or who is outside the United States and is applying for conditional entry pursuant to section 203(a)(7) of the Act, or who is within the United States and is under any proceeding before the Service in which a waiver pursuant to section 212(g) is required before it may be determined that he is not excludable under section 212(a) (1), (3), or (6) of the Act, may file an application with the Service office

having jurisdiction over the port of entry or place where he is located.

(1) Section 212(a)(6) (tuberculosis). If the alien is excludable under section 212(a)(6) of the Act because of tuberculosis, he shall execute statement A on the reverse of page 1 of Form I-601. In addition, he or his sponsor in the United States is responsible for having Statement B executed by the physician or health facility which has agreed to supply treatment or observation; and, if required, Statement C shall be executed by the appropriate local or State health officer.

(2) Section 212(a) (1) or (3) (certain mental conditions)—(i) Arrangements for submission of medical report. If the alien is excludable under section 212(a) (1) or (3) (because of mental retardation or because of a past history of mental illness) he or his sponsoring family member shall submit an executed Form I-601 to the consular or Service office with a statement that arrangements have been made for the submission to that office of a medical report. The medical report shall contain a complete medical history of the alien, including details of any hospitalbe ization or institutional care or treatment for any physical or mental condition; findings as to the current physical condition of the alien, including reports of chest X-ray examination and of serologic test for syphilis if the alien is 15 years of age or over, and other pertinent diagnostic tests; and findings as to the current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in case of mental retardation, also provide an evaluation of the alien's intelligence. For an alien with a past history of mental illness, the medical report shall also contain available information on which the U.S. Public Health Service can base a finding as to whether the alien has been free of such mental illness for a period of time sufficient in the light of such history to demonstrate recovery. Upon receipt of the medical report, the consular or Service office shall refer it to the U.S. Public Health Service for review.

(ii) Submission of statement. Upon being notified that the medical report has been reviewed by the U.S. Public Health Service and determined to be acceptable, the alien or his sponsoring family member shall submit to the consular or Service office a statement, from a clinic, hospital, institution, school, other specialized facility, or specialist in the United States acceptable to the U.S. Public Health Service. The statement shall specify the name and address of the clinic, hospital, institution, school, other specialized facility, or specialist, and shall affirm (a) that the specified facility or specialist has agreed to accept the alien for all necessary diagnostic studies and medical supervision for a period of 5 years and during such period to be responsible either for providing, or for ensuring that the alien is provided such additional care, training, or schooling as the diagnostic studies indicate to be necessary; (b) that the alien, his sponsoring family member, or other responsible person has made complete financial arrangements for payment of any charges that will be made during the 5-year period for all necessary diagnostic studies, care, and specialized training or schooling of the alien, including services to be received from the specified facility or specialist or from other sources; (c) that the specified facility or specialist will furnish the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333, an initial report, giving a current evaluation of the mental status of the alien within 30 days after his arrival; semiannual reports of his mental status for a period of 5 years, even if he has been discharged from care, training, or schooling, unless approval has been granted by the U.S. Public Health Service to transfer responsibility for the medical supervision of the alien to another facility or specialist; prompt notification of the death of the alien, of his departure without approval of the facility or specialist, or of his failure to report to the facility or specialist as may be required in connection with semiannual reports, or of his failure to report to the facility or specialist within 30 days after the facility or specialist receives notice from the U.S. Public Health