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with Canadians, the Form I-68 shall be valid only for the purpose of visits of less than 24 hours and only if the alien will not proceed beyond the immediate shore area of the United States bordering on a lake or river lying between the United States and Canada. If the bearer of Form I-68 seeks to enter the United States by means other than small pleasure craft of less than 5 net tons without merchandise, or if he seeks to enter the United States for other purposes, or if he is an alien who intends to proceed inland from the immediate shore area of the United States or remain in the United States for 24 hours or more, he must apply for admission at a U.S. port of entry.

Card, (f) Arrival-Departure Form I-94-(1) Nonimmigrant applicants. A completely executed Form I-94 endorsed to show date and place of admission, period of admission, and nonimmigrant classification shall be issued to each nonimmigrant alien admitted to the United States, except a nonimmigrant alien coming within the purview of § 212.1(a) of this chapter and 22 CFR 41.129 (a) who is admitted as a visitor for business or pleasure or to proceed in direct transit through the United States; a nonimmigrant alien who has his residence in the British Virgin Islands and was admitted only to the U.S. Virgin Islands as a visitor for business or pleasure under the provision of § 212.1(b) of this chapter, and a Mexican national in possession of a valid Form I-186 who is admitted at a Mexican border port of entry as a border crosser or as a nonimmigrant visitor for a period of not more than 15 days to visit within the States of Texas, New Mexico, Arizona, or California. A Form I-94 valid for any number of entries during a specified 6-month period may be issued to a nonimmigrant alien who will have occasion to make frequent entries into the United States over the land borders.

(2) Paroled aliens. An alien paroled into the United States pursuant to the provisions of section 212(d) (5) of the Act, including an alien crewman, shall be issued a completely executed Form I-94 endorsed to show the date and place of parole, the period for, and conditions under which the alien was paroled into the United States.

(g) Mexican border visitors permit. The rightful holder of a valid Form I-186 who is admitted as a visitor for business or pleasure at a Mexican border port of entry for a period of more than 72 hours but not more than 15 days in the im

mediate 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 be issued Form SW-434 endorsed to show date and place of admission, period of admission, and nonimmigrant classification.

[32 F.R. 9627, July 4, 1967, as amended at 32 F.R. 11628, Aug. 10, 1967; 34 F.R. 129, Jan. 4, 1969; 35 F.R. 4325, Mar. 11, 1970; 36 F.R. 23619, Dec. 11, 1971]

§ 235.2 Examination postponed.

Whenever an alien on arrival is found or believed to be suffering from a disability which renders it impractical to proceed with the examination under the act, the examination of such alien, members of his family concerning whose admissibility it is necessary to have such alien testify, and any accompanying aliens whose protection or guardianship will be required should such alien be found inadmissible shall be deferred for such time and under such conditions as the district director in whose district the port is located imposes.

[22 F.R. 9791, Dec. 6, 1957]

§ 235.3 Detention.

All persons

(a) Prior to inspection. arriving at a port in the United States by vessel or aircraft shall be detained aboard the vessel or at the airport of arrival by the master, commanding officer, purser, person in charge, agent, owner, or consignee of such vessel or aircraft until admitted or otherwise permitted to land by an officer of the Service. Notice or order to so detain shall not be required.

(b) Detention after inspection. If in the opinion of the examining immigration officer it is not practical to resolve a question of admissibility at the time of arrival of a passenger on a vessel or aircraft, the officer shall execute Form I-259 to notify the agent for the vessel or aircraft and the master or commanding officer, if available, that the passenger is to be presented for further inspection. The Form I-259 shall list the name of each such passenger and shall contain instructions as to the date and place the passenger is to be presented for continued inspection or further proceedings under the Act. If the place specified is a designated port of entry to which the transportation company has carried or has contracted to carry the passenger, the transportation company shall remain

under the obligation, described in the preceding paragraph, to prevent an unauthorized landing, unless the transportation company has been relieved of such obligation by removal under section 233(a) at the direction of the Service or unless the Service has paroled the alien under section 212(d) (5) of the Act without directing the carrier in writing to present the alien for further inspection. The term port of entry as used in this paragraph includes a Service district office or suboffice within the city or town or in local commuting distance of the seaport or airport at which the passenger arrived or of the onward seaport or airport specified by the examining immigration officer as the place for completion of inspection.

[32 F.R. 9628, July 4, 1967, as amended at 34 F.R. 14727, Sept. 24, 1969]

§ 235.4 Notations on documents.

The admitting examining officer shall by means of a stamp record in each passport required to be presented the word "Admitted" and the date and place of admission and shall record the same information on any immigrant visa, reentry permit, or Form I-94 presented by or prepared for an arriving admitted alien. In the case of an alien seeking entry as a student, the name of the school he is admitted to attend shall be entered on the Form I-94 by the immigration officer. One copy of the Form I-94, so endorsed, shall be returned to the admitted alien by whom it was presented or for whom it was prepared for his retention while in the United States and for surrender at the time of his departure from the United States, except that the copy of the I-94 shall be delivered to a representative of the carrier which brought him in the case of each alien who is authorized direct transit through the United States under section 238 (d) of the act.

[22 F.R. 9791, Dec. 6, 1957, as amended at 33 F.R. 4562, Mar. 15, 1968]

235.5 Preinspection.

(a) In United States territories and possessions. In the case of any aircraft proceeding from Guam, Puerto Rico, or the Virgin Islands of the United States destined directly and without touching at a foreign port or place to any other of such places or to one of the States of the United States or the District of Columbia, the examination required by the act of the passengers and crew may be made prior to the departure of the air

craft, and in such event, final determination of admissibility shall be made immediately prior to such departure. The examination shall be conducted in accordance with sections 234, 235, 236, and 237 of the act and this part and Parts 236 and 237 of this chapter, except that if it appears to the examining immigration officer that any person in the United States being examined under this section is prima facie deportable from the United States, further action with respect to his examination shall be deferred and further proceedings conducted as provided in section 242 of the act and Part 242 of this chapter. When the foregoing inspection procedure is applied to any aircraft, persons examined and found admissible shall be placed aboard the aircraft, or kept at the airport separate and apart from the general public until they are permitted to board the aircraft. No other person shall be permitted to depart on such aircraft until and unless he is found to be admissible as provided in this section.

(b) In contiguous territory and adjacent islands. On and after December 24, 1952, in the case of any aircraft or vessel proceeding directly from a port or place in foreign contiguous territory or adjacent islands to a port of entry in the United States, the examination and inspection of passengers and crew required by the act and final determination of admissibility may be made immediately prior to such departure at the port or place in foreign contiguous territory or adjacent islands and shall have the same effect under the act as though made as the destined port of entry in the United States.

[23 F.R. 3997, June 7, 1958, as amended at 24 F.R. 2583, Apr. 3, 1959]

§ 235.6 Referral to special inquiry of

ficer.

(a) Notice. If, in accordance with the provisions of section 235(b) of the Act, the examining immigration officer detains an alien for further inquiry before a special inquiry officer, he shall immediately sign and deliver to the alien a Notice to Alien Detained for Hearing by Special Inquiry Officer (Form I-122). If the alien is unable to read or understand the notice, it shall be read and explained to him by an employee of the Service, through an interpreter, if necessary, prior to such further inquiry.

(b) Certification for mental condition; medical appeal. An alien certified under

paragraph (1), (2), (3), (4), or (5) of section 212(a) of the Act shall be adivsed by the examining immigration officer that he may appeal to a board of medical officers of the United States Public Health Service pursuant to section 234 of the Act. If such an appeal is taken, the district director shall arrange for the convening of the medical board.

[24 F.R. 6477, Aug. 12, 1959]

§ 235.7

Referral of certain cases to district director.

If the examining immigration officer has reason to believe that the cause of an alien's excludability can readily be removed by the posting of a bond in accordance with section 213 of the Act, or by the exercise of seciton 211, section 212(d) (3) or (4), or section 212(c) of the Act, or by granting permission to reapply for admission after deportation or removal, he may in lieu of detaining the alien for hearing in accordance with section 235(b) and section 236 of the Act refer the alien's case to the district director within whose district the port is located for consideration of such action and defer further examination pending the district director's decision. Refusal

of a district director to authorize admission under section 213, or to grant an application for the benefits of section 211, section 212(d) (3) or (4), or section 212(c), or to grant permission to reapply for admission after deportation or removal shall be without prejudice to the renewal of such application or the authorizing of such admission by the special inquiry officer without additional fee.

[28 F.R. 4251, Apr. 30, 1963]

§ 235.8 Temporary exclusion.

(a) Report. Any immigration officer who temporarily excludes an alien under the provisions of section 235 (c) of the act shall report such action promptly to the district director having administrative jurisdiction over the port at which such alien arrived. Any immigration officer who temporarily excludes an alien under the provisions of section 235(c) of the Act shall report such action promptly to the district director having administrative jurisdiction over the port at which such alien arrived. The immigration officer shall, if possible, take a brief sworn question and answer statement from the alien, and the alien shall be notified by personal service of Form

I-147 of the action taken and the right to make written representations. If the subject of the report is an alien who seeks to enter the United States other than under section 101(a) (15) (D) of the act, the report shall be forwarded by the district director to the regional commissioner and further action shall be taken thereon as provided in paragraph (b) of this section.

(b) Action by regional commissioner. If the regional commissioner is satisfied that the alien is inadmissible to the United States under paragraph (27), (28), or (29) of section 212(a) of the act and if the regional commissioner, in the exercise of his discretion, concludes that such inadmissibility is based on information of a confidential nature the disclosure of which would be prejudicial to the public interest, safety, or security, he may deny any hearing or further hearing by a special inquiry officer and order such alien excluded and deported, or enter such other order in the case as he deems appropriate. In any other case the regional commissioner may direct that an immigration officer shall further examine the alien as to his admissibility or that the alien be given a hearing or further hearing before a special inquiry officer.

(c) Finality of decision. The decision of the regional commissioner provided for in paragraph (b) of this section shall be final and no appeal may be taken therefrom. The decision of the regional commissioner shall be in writing, signed by him and, unless it contains confidential matter, a copy shall be served on the alien. If the decision contains confidential matter, a separate order showing only the ultimate disposition of the case shall be signed by the regional commissioner and served on the alien.

(d) Hearing by special inquiry officer. If the regional commissioner directs that an alien temporarily excluded be given a hearing or further hearing before a special inquiry officer, such hearing and all further proceedings in the case shall be conducted in accordance with the provisions of section 236 and other applicable sections of the act to the same extent as though the alien had been referred to a special inquiry officer by the examining immigration officer; except, that if confidential information, not previously considered in the case, is adduced supporting the exclusion of the alien under paragraph (27), (28), or (29) of section 212(a) of the act, the disclosure of which, in the discretion of the

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(a) Countries in which applications may be filed. Pursuant to agreements entered into with the governments of the countries concerned, officers of the Service are authorized to accept applications and to examine the qualifications of applicants for conditional entry under section 203 (a) (7) of the Act in Austria, Belgium, France, Germany, Greece, Hong Kong, Italy, and Lebanon. Applications for conditional entry may be filed only by aliens who are physically present within one of the designated countries.

(b) Applicants afflicted with tuberculosis, or applicants found inadmissible under section 212(a) (1) or (3). The provisions of section 212(g) of the Act shall apply to an applicant for conditional entry excludable from the United States under section 212(a) (6) because of affliction with tuberculosis, or who is excludable under section 212 (a) (1) or (3) of the Act, if the applicant has one of the family relationships specified in section 212(g), including the relationship specified to an alien whose conditional entry has been authorized.

(c) Application. A separate application for conditional entry under section 203 (a) (7) of the Act shall be executed by each applicant on Form I-590 except that, in the case of a family group, a separate Form I-590 need be executed only for those members of the family who are 18 years of age or older and a carbon or machine copy of the Form I-590 executed by the principal adult applicant may be submitted as the application for each accompanying child under 18 years of age listed on such principal's application. The Forms I-590 shall be submitted to the officer in charge of the nearest Service office outside the United States. Each application shall be accompanied by a properly executed and signed Form G-325C if the applicant has reached his 14th birthday. An application for conditional entry filed by an alien who can qualify as an immediate relative or as a special immigrant shall

be rejected. An applicant who appears to be eligible for classification under section 203 (a) (1), (2), (3), (4), or (5) of the Act shall be advised, but not required, to seek such classification if a visa number is available. An applicant for whom a nonpreference visa number is available and who is not coming to the United States to perform skilled or unskilled labor shall be advised but not required to apply for a nonpreference immigrant visa. Each applicant under this paragraph shall appear in person before an immigration officer and excepting a child under 14 years of age shall, prior to the adjudication of his application, be interrogated under oath concerning his eligibility for conditional entry into the United States. Conditional entry will not be authorized until a medical examination has been completed and until assurances of employment and housing in the United States for a period of 2 years on Form I-591 and assurances of transportation from the applicant's place of abode to point of final destination in the United States have been provided. The applicant shall be notified of the decision and, if the application is denied, of the reasons therefor. No appeal shall lie from the denial of an application by the officer in charge.

(d) Approved application. The approval of an application by an officer in charge outside the United States authorizes the district director at a port of entry to effect the conditional entry of the applicant upon arrival at such port within 4 months after the date of the approval. Upon arrival, every conditional entrant 14 years old or over shall execute Form I-592. For the purposes of section 203 (g) and (h) of the Act, the 2year period shall commence on the date of the applicant's conditional entry into the United States.

(e) Inspection of conditional entrant as to admissibility for permanent residence. Two years subsequent to conditional entry in the United States, each conditional entrant shall be required to appear before an immigration officer. The conditional entrant, if over 14 years of age, shall be interrogated by an immigration officer under oath and a determination of admissibility shall be made in accordance with Parts 235 and 236 of this chapter. Except as provided in Parts 245 and 249 of this chapter, an application under this part shall be the

sole method of requesting the exercise of discretion under section 212(g), (h), or (i) of the Act, insofar as they relate to the excludability of an alien in the United States.

(f) Termination of conditional entrant status. Whenever a district director has reason to believe that a conditional entrant under section 203(a) (7), whose status has not otherwise been terminated or changed, is or has become inadmissible to the United States under any provision of section 212(a) of the Act (except section 212(a) (20), he shall cause to be served upon the alien, in accordance with the provisions of § 235.6, Form I-122, Notice to Alien Detained for Hearing by a Special Inquiry Officer. The alien shall be referred for inquiry before a special inquiry officer in accordance with the provisions of sections 235, 236, and 237 of the Act and of this chapter. The special inquiry officer, if he determines that the alien is not inadmissible to the United States or, if inadmissible, that the alien is prima facie eligible for a waiver of the grounds of excludability pursuant to sections 212 (g), (h), or (i) of the Act, shall order the proceedings terminated and shall refer the matter to the district director for further proceedings in accordance with section 203(g) of the Act. Such order shall be without prejudice to reinstitution of proceedings or institution of new proceedings under this section. appeal shall lie from a decision of a district director denying an application for a waiver under section 212(g), (h), or (i) of the Act, but such denial shall be without prejudice to the renewal of the application in the course of proceedings before a special inquiry officer. The special inquiry officer, if he determines that the alien is inadmissible to the United States for permanent residence under any provision of the Act except section 212(a) (20) and that the alien is not entitled to the benefits of sections 212(g), (h), or (i) of the Act, shall order the termination of the alien's conditional entry and shall make such further order as may be proper. From the decision of the special inquiry officer an appeal shall lie in accordance with the provisions of § 236.5 of this chapter.

No

[30 F.R. 14777, Nov. 30, 1965, as amended at 31 F.R. 5118, Mar. 30, 1966; 31 F.R. 16125, Dec. 16, 1966, as amended at 32 F.R. 9628, July 4, 1967; 33 F.R. 10504. July 24, 1968: 33 F.R. 17136, Nov. 19, 1968; 35 F.R. 17322, Nov. 11, 1970]

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To facilitate entry over the Canadian land border, a citizen and resident of the United States may apply at any district office for a U.S. Citizen Identification Card, Form I-197. To facilitate identification by immigration officers, a citizen and resident of the United States may apply at a district office in San Antonio, Tex.; El Paso, Tex.; Los Angeles, Calif.; San Francisco, Calif.; Phoenix, Ariz.; or Port Isabel, Tex., for an Identification Card, Form I-179. The application for either card shall be made on Form I-196, accompanied by the fee required under § 103.7 of this chapter and one photograph 11⁄2 inches by 11⁄2 inches, and, in the case of a U.S. citizen who was not born in the United States, a certificate of naturalization or citizenship. [32 F.R. 9628, July 4, 1967]

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