who establishes that while a citizen of the Trust Territory of the Pacific Islands he entered Guam prior to December 24, 1952, by records, such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service. records of the Navy or Air Force, or records of contractors of those agencies, and was residing in Guam on December 24, 1952.

(i) Aliens admitted to Guam. An alien who establishes that he was admitted to Guam prior to December 24, 1952, by records such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service, records of the Navy or Air Force, or records of contractors of those agencies; that he was not excludable under the Act of February 5, 1917, as amended; and that he continued to reside in Guam until December 24, 1952, and thereafter was not admitted or readmitted into Guam as a nonimmigrant, provided that the provisions of this paragraph shall not apply to an alien who was exempted from the contract laborer provisions of section 3 of the Immigration Act of February 5, 1917, as amended, through the exercise, expressly or impliedly, of the 4th or 9th provisos to section 3 of that act.

(j) Erroneous admission as United States citizens or as children of citizens. (1) (i) An alien for whom there exists a record of admission prior to September 11, 1957, as a United States citizen who establishes that at the time of such admission he was the child of a United States citizen parent; he was erroneously issued a United States passport or included in the United States passport of his citizen parent accompanying him or to whom he was destined; no fraud or misrepresentation was practiced by him in the issuance of the passport or in gaining admission; he was otherwise admissible at the time of entry except for failure to meet visa or passport requirements; and he has maintained a residence in the United States since the date of admission, or (ii) an alien who meets all of the foregoing requirements except that if he were, in fact, a citizen of the United States a passport would not have been required, or it had been individually waived, and was erroneously admitted as a United States citizen by a Service officer. For the purposes of all of the foregoing, the terms "child" and "parent" shall be defined as in section 101 (b)

of the Immigration and Nationality Act, as amended.

(2) An alien admitted to the United States before July 1, 1948, in possession of a section 4(a) 1924 Act nonquota immigration visa issued in accordance with State Department regulations, including a child of a United States citizen after he reached the age of 21, in the absence of fraud or misrepresentation; a member of a naturalized person's family who was admitted to the United States as a United States citizen or as a section 4(a) 1924 Act nonquota immigrant on the basis of that naturalization, unless he knowlingly participated in the unlawful naturalization of the parent or spouse rendered void by cancellation, or knew at any time prior to his admission to the United States of the cancellation; and a member of a naturalized person's family who knew at any time prior to his admission to the United States of the cancellation of the naturalization of his parent or spouse but was admitted to the United States as a United States citizen pursuant to a State Department or Service determination based upon a then prevailing administrative view, provided the State Department or Service knew of the cancellation.

[23 F.R. 9119, Nov. 26, 1958, as amended at 24 F.R. 2583, Apr. 3, 1959; 24 F.R. 6476, Aug. 12, 1959; 25 F.R. 581, Jan. 23, 1960; 31 F.R. 535, Jan. 15, 1966]

§ 101.2 Presumption of lawful admission; entry under erroneous name or other errors.

An alien who entered the United States as either an immigrant or nonimmigrant under any of the following circumstances shall be regarded as having been lawfully admitted in such status, except as otherwise provided in this part: An alien otherwise admissible whose entry was made and recorded under other than his full true and correct name or whose entry record contains errors in recording sex, names of relatives, or names of foreign places of birth or residence, provided that he establishes by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him, and, if entry occurred on or after May 22, 1918, if under other than his full, true and correct name that he also establishes that the name was not adopted for the purpose of concealing his identity when obtaining a passport or visa, or for the purpose of using the passport or visa of

AUTHORITY: The provisions of this Part 103 issued under sec. 501, 65 Stat. 290, sec. 103, 66 Stat. 173; 31 U.S.C. 483a, 8 U.S.C. 1103. Interpret or apply secs. 281, 332, 343, 344, 405, 66 Stat. 230, 252, 263, 264, 280; 8 U.S.C. 1351, 1443, 1454, 1455, 1101 and note; 7 U.S.C. 2243.

§ 103.1 Delegations of authority.

Without divesting the Commissioner of any of the powers, privileges, and duties delegated to him by the Attorney General under the immigration and naturalization laws of the United States, coextensive authority is hereby delegated to the following-described officers of the Service:

(a) Associate Commissioner, Operations. All of the operational activities of the Service.

(1) Deputy Associate Commissioner, Domestic Control. The operational ac

tivities of the Service relating to investigations and enforcement.

(1) Assistant Commissioner, Investigations. The investigations and administrative prosecution activities of the Service.

(ii) Assistant Commissioner, Enforcement. The border patrol activities of the Service.

(2) Deputy Associate Commissioner, Travel Control. The operational activities of the Service relating to authorizations, Service activities outside the United States, and inspections at ports of entry.

(i) Assistant Commissioner, Examinations. The authorization and inspection activities of the Service.

(ii) Assistant Commissioner, Special Projects. The Service activities outside the United States.

(b) Associate Commissioner, Management. All of the management activities of the Service.

(1) Deputy Associate Commissioner, Security. The management activities of the Service, relating to field inspections, security, intelligence, and naturalization.

(1) Assistant Commissioner, Field Inspection and Security. The field inspection, intelligence, and security activities of the Service.

(ii) Assistant Commissioner, Naturalization. The naturalization activities of the Service.

(2) Deputy Associate Commissioner, Administrative Services. The management activities of the Service relating to administration, detention, and deporta

tion.

(1) Assistant Commissioner, Administration. The personnel, budget, fiscal, statistics, procurement, and records activities of the Service.

(ii) Assistant Commissioner, Detention and Deportation. The detention and deportation activities of the Service.

(c) General Counsel. The legal advisory, legislative, litigation, and trial attorney (including appellate trial attorney at the Board of Immigration Appeals) activities of the Service.

(d) Chief Special Inquiry Officer. The exclusion and expulsion hearing activities of the Service.

when the denial of the petition is based upon the lack of a certification by the Secretary of Labor pursuant to section 212(a) (14) of the Act;

(2) Decisions on sixth-preference petitions, as provided in § 204.1(d), except when the denial of the petition is based upon the lack of a certification by the Secretary of Labor pursuant to section 212(a) (14) of the Act;

(3) Decisions on orphan petitions, as provided in § 204.1(b);

(4) Decisions on requests for revalidation of certain petitions, as provided in § 205.1(c), except when the denial of the request for revalidation of a petition for third or sixth preference is based upon the lack of a certification by the Secretary of Labor pursuant to section 212(a) (14) of the Act;

(5) Decisions revoking approval of certain petitions, as provided in § 205.3;

(6) Decisions on applications for permission to reapply for admission to the United States after deportation or removal, as provided in § 212.2;

(7) Decisions on applications for waiver of certain grounds of excludability, as provided in § 212.7(a);

(8) Decisions on petitions for approval of schools, as provided in § 214.3;

(9) Decisions on petitions for temporary workers or trainees, as provided in § 214.2 of this chapter.

(10) Decisions on applications for reentry permits, as provided in § 223.1;

(11) Decisions on applications for benefits of section 13 of the Act of September 11, 1957, as provided in § 245.3;

(12) Decisions on adjustment of status of certain resident aliens to nonimmigrants, as provided in § 247.12(b);

(13) Decisions on applications for change of nonimmigrant status, as provided in § 248.2;

(14) Decisions on applications to preserve residence of naturalization purposes, as provided in § 316a.21 (c);

(15) Decision on applications for certificates of citizenship, as provided in § 341.6;

(16) Decisions on administrative cancellation of certificates, documents, or records, as provided in § 342.8;

(17) Decisions on applications for certificates of naturalization or repatriation, as provided in § 343.1;

(18) Decisions on applications for new naturalization or citizenship papers, as provided in § 343a.1(c); and

(19) Decisions on applications for special certificates of naturalization, as provided in § 343b.11 (b).

(f) District directors. Under the executive direction of a regional commissioner (except district directors outside the United States who operate under the executive direction of the Assistant Commissioner, Special Projects), the grant or denial of any application or petition submitted to the Service, the initiation of any authorized proceeding in their respective districts, and the exercise of the authorities under §§ 242.1(a), 242.2(a), and 242.7 of this chapter without regard to geographical limitations. District directors outside the United States have all appellate jurisdiction specified in this chapter not reserved to the Board of Immigration Appeals for matters arising in their respective districts. District directors, acting district directors and deputy district directors are authorized to conduct the proceeding provided for in § 252.5 of this chapter.

(g) Officers in charge. The supervision of inspection at ports of entries and the authorizations of extensions of nonimmigrant admission period and of voluntary departure prior to the commencement of deportation hearings. Officers in charge in Districts 33, 34, 35, and 37 have the same powers with respect to petitions and applications submittted by citizens or aliens residing in their respective areas as are conferred on district directors in the United States. The officers in charge of the places enumerated in § 212.1 (1) of this chapter have the authority to act on requests for waiver of visa and passport requirements under the provisions of section 212(d) (4) (A) of the Act. The officers in charge of the offices located in Mexico City, Mexico; Guadalajara, Mexico; Monterrey, Mexico; Tijuana, Mexico; Frankfurt, Germany; Athens, Greece; Rome, Italy; Naples, Italy; Palermo, Italy; Vienna, Austria; Manila, Philippines; Tokyo, Japan; and Hong Kong, B.C.C., are authorized to perform the following functions: Authorize waivers of grounds of excludability under sections 212 (h) and (i) of the Act; adjudicate applications for permission to reapply for admission to the United States after deportation or removal, if filed by an alien who has applied for an immigrant visa at an American consular office, when the application for permission to reapply is submitted in conjunction with an application for waiver of grounds of excluda

bility under section 212 (h) or (i) of the Act; approve visa petitions for any immediate relative or preference status except third and sixth preferences; in cases in which the Department of State had delegated recommending power to the consular officer, approve recommendations made by consular officers for waiver of grounds of excludability in behalf of nonimmigrant visa applicants under section 212(d) (3) of the Act and concur in proposed waivers by consular officers of the requirement of visa or passport by a nonimmigrant on the basis of unforeseen emergency; exercise discretion to grant applications for the benefits of sections 211 and 212(c) of the Act; process Form I-90 applications and deliver duplicate Forms I-151; extend reentry permits; and process Form N-565 applications and deliver certificates issued thereunder. The officers in charge of the offices located in the following places are authorized to perform the following functions:

Athens-Authorize

Frankfurt-Authorize

under section 203 (a) (7) of the Act; conditional entry under section 203 (a) (7) of the Act;

Hamilton-Preinspection of passengers and crew on aircraft and surface vessels departing directly to the U.S. mainland;

Montreal-Preinspection of passengers and crew of aircraft departing directly to the U.S. mainland and authorize waivers of grounds of excludability under sections 212 (h) and (i); 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 section 212 (h) or (i) of the Act;

Nassau-Preinspection of passengers and crew on aircraft and surface vessels departing directly to the U.S. mainland;

Rome Authorize conditional entry under section 203 (a) (7) of the Act; and

Vienna-Authorize conditional entry under section 203 (a) (7) of the Act.

(h) Special inquiry officers. Following selection by the Commissioner, the exercise and the powers and duties specified in this chapter regarding the conduct of exclusion and expulsion hearings.

(1) Immigration officer. Any immigrant inspector, immigration patrol inspector, airplane pilot, detention guard, investigator, general attorney (nationality), trial attorney (immigration) or supervisory officer of such employees 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.

[23 F.R. 9120, Nov. 26, 1958, as amended at 25 F.R. 581, Jan. 23, 1960; 26 F.R. 3563, Apr. 26, 1961; 26 F.R. 12212, Dec. 21, 1961; 29 F.R. 9660, July 17, 1964; 29 F.R. 11956, Aug. 21, 1964; 30 F.R. 5472, Apr. 16, 1965; 30 F.R. 14772, Nov. 30, 1965; 31 F.R. 5547, Apr. 8, 1966; 31 F.R. 6196, Apr. 22, 1966; 32 F.R. 9622, July 4, 1967; 32 F.R. 11628, Aug. 11, 1967] § 103.2 Applications, petitions, documents.

other

and

(a) General. Every application, petition, or other document submitted on a form prescribed by this chapter shall 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 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. A copy unaccompanied by the 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 unsuccessfull 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. 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. In the absence of such a record, the applicant or petitioner shall be required to establish that he is a lawful permanent resident alien by the submission of evidence such as his passport bearing a Service endorsement reflecting a lawful admission for permanent residence, his Form I-151, Alien Registration Receipt Card, or his immigrant identification card.

(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 inIcluded 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 the officer in charge, in any case in which he is authorized to make the decision, may consider and base his decision upon evidence not contained in the record of proceeding and not made available for inspection by the applicant or petitioner, provided the regional commissioner, in his discretion, has concluded that such evidence is classified under Executive Order No. 10501 of November 5, 1953 (18 FR. 7049, Nov. 10, 1953), as amended, by Executive Order Nos. 10816 of May 7, 1959 (24 F.R. 3777, May 12, 1959), 10901 of January 9, 1961 (26 F.R. 217, Jan. 12, 1961), 10964 of September 20, 1961 (26 F.R. 8932, Sept. 22, 1961), and 10985 of January 12, 1962 (27 F.R. 439, Jan. 16, 1962), and that its disclosure would be prejudicial to the national security and safety.

[29 F.R. 11956, Aug. 21, 1964, as amended at 30 F.R. 7516, June 9, 1965; 30 FR. 14772, Nov. 30, 1965; 31 F.R. 535, Jan. 15, 1966; 32 F.R. 9622, July 4, 1967]

§ 103.3 Denials, appeals, and precedent decisions.

(a) Denials and appeals. Whenever a formal application or petition filed under $103.2 is denied, the applicant shall be given written notice setting forth the specific reasons for such denial. If the notification is made on Form I-292, the signed duplicate thereof constitutes the order of denial. When the applicant is entitled to appeal to another Service officer, the notice shall advise him that he may appeal from the decision, and that such appeal may be taken within 15 days after the mailing of the notification of decision, accompanied by a supporting brief if desired and a fee of $10, by filing Notice of Appeal, Form I-290B, which shall be furnished with the written notice. For good cause

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