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moving party, a motion to reopen or a motion to reconsider shall be filed in duplicate, accompanied by a supporting brief, if any, and the appropriate fee specified by and remitted in accordance with the provisions of § 103.7, with the district director in whose district the proceeding was conducted for transmittal to the officer having jurisdiction. When an officer of the Service is the moving party, a copy of the motion shall be served on the alien or other party in interest and the motion, together with proof of service, shall be filed directly with the officer having jurisdiction. The party opposing the motion shall have 10 days from the date of service thereof within which he may submit a brief, which period may be extended. If the officer who originally decided the case is unavailable, the motion may be referred to another officer. A motion to reopen shall state the new facts to be proved at the reopened proceeding and shall be supported by affidavits or other evidentiary material. A motion to reconsider shall state the reasons for reconsideration and shall be supported by such precedent decisions as are pertinent. Motions to reopen or reconsider shall state whether the validity of the order has been or is the subject of any judicial proceeding and, if so, the nature and date thereof, the court in which such proceeding took place or is pending, and its result or status. Rulings upon motions to reopen or motions to reconsider shall be by written decision. The filing of a motion to reopen or a motion to reconsider or of a subsequent application after notice of denial shall not, unless the Service directs otherwise, serve to stay the execution of any decision made in the case or to extend a previously set departure date.

127 F.R. 7562, Aug. 1, 1962, as amended at 30 F.R. 12772, Oct. 7, 1965; 32 F.R. 271, Jan. 11, 1967]

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by ordinary mail addressed to a person at his last known address.

(2) Personal service. Personal service, which shall be performed by a Government employee, consists of any of the following, without priority or preference:

(i) Delivery of a copy personally;

(ii) Delivery of a copy at a person's dwelling house or usual place of abode by leaving it with some person of suitable age and discretion;

(iii) Delivery of a copy at the office of an attorney or other person, including a corporation, by leaving it with a person in charge;

(iv) Mailing a copy by certified or registered mail, return receipt requested, addressed to a person at his last known address.

(b) Effect of service by mail. Whenever a person has the right or is required to do some act within a prescribed period after the service of a notice upon him and the notice is served by mail, 3 days shall be added to the prescribed period. Service by mail is complete upon mailing.

(c) When personal service required— (1) Generally. In any proceeding which is initiated by the Service, with proposed adverse effect, service of the initiating notice and of notice of any decision by a Service officer shall be accomplished by personal service.

(2) Persons confined, minors, and incompetents-(i) Persons confined. If a person is confined in a penal or mental institution or hospital and is competent to understand the nature of the proceedings initiated against him, service shall be made both upon him and upon the person in charge of the institution or the hospital. If the confined person is not competent to understand, service shall be made only on the person in charge of the institution or hospital in which he is confined, such service being deemed service on the confined person.

(ii) Incompetents and minors. In case of mental incompetency, whether or not confined in an institution, and in the case of a minor under 14 years of age, service shall be made upon the person with whom the incompetent or the minor resides; whenever possible, service shall also be made on the near relative, guardian, committee, or friend.

(d) When personal service not required. Service of other types of papers

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(a) Posting of surety bonds-(1) Extension agreements; consent of surety; collateral security. All surety bonds posted in immigration cases shall be executed on Form I-352, a copy of which, and any rider attached thereto, shall be furnished the obligor. A district director is authorized to approve a bond, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312.

All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his approved attorney in fact, shall be forwarded to the regional commissioner for approval.

(2) Bond riders. Bond riders shall be prepared on Form I-351 and attached to Form I-352. If a condition to be included in a bond is not on Form I-351, a rider containing the condition shall be executed and forwarded with Form I-352 to the regional commissioner for approval.

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(b) Acceptable sureties. Either company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6-13 as an acceptable surety on Federal bonds, or a surety who deposits cash or U.S. bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they are offered for deposit is an acceptable surety.

(c) Cancellation-(1) Public charge bonds. A public charge bond posted for an immigrant shall be canceled when the alien dies, departs permanently from the United States, or is naturalized, provided he did not become a public charge prior to his demise, departure, or naturalization. The district director may cancel a public charge bond at any time if he finds that the immigrant is not likely to become a public charge. A bond may also

be canceled in order to allow substitution of another bond. Request for cancellation of a public charge bond shall be made on Form I-356.

(2) Maintenance of status and departure bonds. When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as a result of administrative or legislative action to that of a permanent resident retroactively to a date prior to the violation, any outstanding maintenance of status and departure bond shall be canceled. If an application for adjustment of status is made by a nonimmigrant while he is in lawful temporary status, the bond shall be canceled if his status is adjusted to that of a lawful permanent resident or if he voluntarily departs within any period granted to him. As used in this subparagraph, the term "lawful temporary status" means that there must not have been a violation of any of the conditions of the alien's nonimmigrant classification by acceptance of unauthorized employment or otherwise during the time he has been accorded such classification, and that from the date of admission to the date of departure or adjustment of status he must have had uninterrupted Service approval of his presence in the United States in the form of regular extensions of stay or dates set by which departure is to occur, or a combination of both. An alien admitted as a nonimmigrant shall not be regarded as having violated his nonimmigrant status by engaging in employment subsequent to his proper filing of an application for adjustment of status under section 245 of the Act and Part 245 of this chapter. A maintenance of status and departure bond posted at the request of an American consular officer abroad in behalf of an alien who did not travel to the United States shall be canceled upon receipt of notice from an American consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the posting of the bond has been canceled or has expired.

(3) Substantial performance. Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.

(d) Bond schedules-(1) Blanket bonds for departure of visitors and transits. The amount of bond required for various numbers of nonimmigrant visitors or transits admitted under bond on

Forms I-352 shall be in accordance with the following schedule:

Aliens

1 to 4...

5 to 9-.

10 to 24

25 to 49.

50 to 74.

75 to 99.

100 to 124_

125 to 149.

150 to 199‒‒‒‒ 200 or more---

$500 each.

$2,500 total bond.
$3,500 total bond.
$5,000 total bond.
$6,000 total bond.
$7,000 total bond.
$8,000 total bond.
$9,000 total bond.
$10,000 total bond.
$10,000 plus $50 for each
alien over 200.

(2) Blanket bonds for importation of workers classified as nonimmigrants under section 101(a) (15) (H). The following schedule shall be employed by district directors when requiring employers or their agents or representatives to post bond as a condition to importing alien laborers into the United States from the British West Indies, the British Virgin Islands, or from Canada:

Less than 500 workers___ 500 to 1,000 workers.. 1,000 or more workers____

$15 each. $10 each. $5 each.

A bond shall not be posted for less than $500 or for more than $12,000 irrespective of the number of workers involved. Failure to comply with conditions of the bond will result in the employer's liability in the amount of $75 as liquidated damages for each alien involved.

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(e) Breach of bond. A bond breached when there has been a substantial violation of the stipulated conditions. A final determination that a bond has been breached creates a claim in favor of the United States which may not be released or discharged by a Service officer. The district director having jurisdiction over the place where any immigration bond is retained shall determine whether a bond shall be declared breached or cancelled, and shall notify the obligors in writing on Form I-323 or Form I-391 of his decision, and, if declared breached, the reasons therefor, and of his right to appeal in accordance with the provisions of this part.

[31 F.R. 11713, Sept. 7, 1966, as amended at 32 F.R. 9622, July 4, 1967; 33 F.R. 5255, Apr. 2, 1968; 33 F.R. 10504, July 24, 1968; 34 F.R. 1008, Jan. 23, 1969; 34 F.R. 14760, Sept. 25, 1969]

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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 receipt issued by a Service officer for any such remittance shall not be binding if the remittance is found uncollectable. Remittances must be drawn on a bank or other institution located in the United States and be payable in U.S. 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.

10.00

(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 for a U.S. Citizen Identification Card_. 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

25.00

1 10.00

For filing application for passport or visa waiver prior to or at the time application is made for temporary admission to the United States___ For filing application for visa waiver when application is made for admission as a returning resident 1 10.00 For filing application for passport waiver prior to or at the time application is made for permanent admission

1 Plus communication costs.

1 10.00

For filling appeal from or motion to reopen or reconsider, any decision under the immigration laws, except an exclusion or deportation proceeding. (The minimum fee of $25 shall be charged whenever an appeal or motion is filled by or on behalf of two or more aliens and all such aliens are covered by one decision.) For filing petition to classify nonimmigrant as temporary worker or trainee under section 214 (c) of the Act For filing petition to classify nonimmigrant as fiancee or fiance under section 214(d) of the Act----For filing petition to classify status of alien relative for issuance of immigrant visa under section 204 (a) of the Act----

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50.00

10.00

For filing application for extension of stay to a nonimmigrant, other than one described in section 101(a) (15) (F) or 101(a)(15) (J) of the Act, and, upon a basis of reciprocity, a nonimmigrant described in section 101 (a) (15) (A) (iii), or 101(a)(15) (G) (v) of the Act--.

For filing petition to classify preference status of an alien on basis of profession or occupation under section 204 (a) of the Act. 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.) For filing application for school 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 political or subdivision thereof

For filing application for discretionary relief under section 212(c) of the Act_‒‒

For filing application for discretionary relief under section 212(d) (3) of the Act, except in an emergency case, or the approval of the application is in the interest of the U.S. Government

For filing application for waiver of the foreign-residence requirement under section 212(e) of the Act---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.).

10.00

25.00

25.00

For filing application for suspension of deportation under section 244 of the Act.. For filing application for transfer of petition for naturalization under section 335 (1) of the Act, except when transfer is of a petition for naturalization filed under the Act of October 24, 1968, Public Law 90633 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--For filing application for a certificate of citizenship under section 309 (c) or section 341 of the Act----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--For filing application for certificate of citizenship on Form N-600 under section 309 (c) or section 341 of the Act--

5.00

5.00

10.00

5.00

10.00

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(c) Waiver of fees. (1) Except as otherwise provided in this subparagraph 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) 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.

[34 F.R. 13920, Aug. 30, 1969, as amended at 35 F.R. 5958, Apr. 10, 1970; 35 F.R. 13828, Sept. 1, 1970; 36 F.R. 14630, Aug. 7, 1971; 37 F.R. 927, Jan. 21, 1972; 37 F.R. 22725, Oct. 21, 1972]

§ 103.8

Definitions pertaining to availability of information.

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.

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(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, hibits, 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 F.R. 9623, July 4, 1967] § 103.9

Availability of decisions and interpretive material.

(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 dectsions entitled "Administrative Decisions Under Immigration and Nationality Laws of the United States," each containing a cumulative index. Prior to publication

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