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CHAPTER I-IMMIGRATION AND NATURALIZATION

SERVICE, DEPARTMENT OF JUSTICE

CROSS REFERENCE: For State Department regulations pertaining to visas and Nationality
and Passports, see 22 CFR, Chapter I, Subchapters E and F.

NOTE: This table shows sections of Title 8 of the United States Code and corresponding
sections of the Immigration and Nationality Act and of parts in Subchapters A, B, and C of
Chapter I of Title 8 of the Code of Federal Regulations. Those sections of Title 8 of the
United States Code bearing an asterisk do not have a corresponding part in Chapter I of
Title 8 of the Code of Federal Regulations.

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SUBCHAPTER A- -GENERAL PROVISIONS

Part

12

2

3

100

101

103

204

205 211

Definitions.

Authority of the commissioner.

Board of Immigration Appeals.

SUBCHAPTER B-IMMIGRATION REGULATIONS

Statement of organization.

Presumption of lawful admission.

Powers and duties of service officers; availability of service records.

Petition to classify alien as immediate relative of a United States citizen or as a preference immigrant.

Revocation of approval of petitions.

Documentary requirements: immigrants; waivers.

212 Documentary requirements: nonimmigrants; waivers; admission of certain inadmissible aliens; parole.

213

214

Admission of aliens on giving bond or cash deposit.
Nonimmigrant classes.

215 Controls upon departure of persons from and entry into the United States.

221

223

231

232

233

234

235

236

237

238

239

241

242

Admission of visitors or students.

Reentry permits.

Arrival-departure manifests and lists; supporting documents.

Detention of examination to determine mental or physical defects.
Temporary removal for inspection.

Physical and mental examination of arriving aliens.

Inspection of persons applying for admission.

Exclusion of aliens.

Deportation of excluded aliens.

Contracts with transportation lines.

Special provisions relating to aircraft: designation of ports of entry for aliens arriving by civil aircraft.

Judicial recommendations against deportation.

Proceedings to determine deportability of aliens in the United States: apprehension, custody, hearing, and appeal.

243 Deportation of aliens in the United States.

244

245

246

247

248

249

250

251

Suspension of deportation and voluntary departure.

Adjustment of status to that of person admitted for permanent residence.
Rescission of adjustment of status.

Adjustment of status of certain resident aliens.

Change of nonimmigrant classification.

Creation of records of lawful admission for permanent residence.

Removal of aliens who have fallen into distress.

Arrival manifests and lists: supporting documents.

252 Landing of alien crewmen.

Part

253

264

265

274

Parole of alien crewmen.

Registration and fingerprinting of aliens in the United States.

Notices of address.

Aliens; bringing in and harboring.

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306

312

American Indians born in Canada.

Representation and appearances.

Immigration forms.

SUBCHAPTER C-NATIONALITY REGULATIONS

Special classes of persons who may be naturalized: Virgin Islanders.
Educational requirements for naturalization.

316a Residence, physical, presence and absence.

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319

322

323

324

327

328

329

330

332

Special classes of persons who may be naturalized: spouses of United States
citizens.

Special classes of persons who may be naturalized: children of citizen parent.
Special classes of persons who may be naturalized: children adopted by
United States citizens.

Special classes of persons who may be naturalized: women who have lost
United States citizenship by marriage.

Special classes of persons who may be naturalized: persons who lost United
States citizenship through service in armed forces of foreign country
during World War II.

Special classes of persons who may be naturalized: persons with three years service in Armed Forces of the United States.

Special classes of persons who may be naturalized: veterans of the United States Armed Forces who served during World War I or World War II or enlisted under Act of June 30, 1950, as amended.

Special classes of persons who may be naturalized: seamen.

Preliminary investigation of applicants for naturalization and witnesses.

332a Official forms.

332b Instruction and training in citizenship responsibilities: textbooks, schools, organizations.

332c Photographic studios.

332d Designation of employees to administer oaths and take depositions.

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Preliminary examination on petitions for naturalization.

335a Transfer, withdrawal or failure to prosecute petition for naturalization. 335b Proof of qualifications for naturalization: witnesses; depositions.

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342 343

Administrative cancellation of certificates, documents, or records.

Certificate of naturalization or repatriation; persons who resumed citizenship under section 323 of the Nationality Act of 1940, as amended, or section 4 of the Act of June 29, 1906.

343a Naturalization and citizenship papers lost, mutilated, or destroyed; new certificate in changed name; certified copy of repatriation proceedings. 343b Special certificate of naturalization for recognition by a foreign state. Certifications from records.

343c

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SUBCHAPTER A-GENERAL PROVISIONS

PART 1-DEFINITIONS

Definitions.

As used in this chapter:

(a) The terms defined in section 101 of the Immigration and Nationality Act (66 Stat. 163) shall have the meanings ascribed to them in that section and as supplemented, explained, and further defined in this chapter.

(b) The term "Act" means the Immigration and Nationality Act, as amended. (c) The term "Service" means the Immigration and Naturalization Service. (d) The term "Commissioner" means the Commissioner of Immigration and Naturalization.

(e) The term "Board" means the Board of Immigration Appeals.

(f) The term "attorney" means any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State, territory, insular possession, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law.

(g) Unless the context otherwise requires, the term "case" means any proceeding arising under any immigration law, Executive order, or Presidential proclamation, except that for the purposes of Part 292 of this chapter, a proceeding under Part 332 of this chapter shall not be regarded as a case.

(h) The term "day" when computing the period of time for taking any action provided in this chapter, including the taking of an appeal, shall include Sundays and legal holidays, except that when the last day of the period so computed falls on a Sunday or a legal holiday, the period shall run until the end of the next day which is neither a Sunday nor a legal holiday.

(i) The term "practice" means the act or acts of an attorney or representative in appearing in any case, either in person or through the filing of a brief or other document, paper, application, or petition on behalf of a client before an officer of the Service or the Board.

(j) The term "representative" means a person representing a religious, charitable, social-service, or similar organization established in the United States and

recognized as such by the Board, or a person described in § 292.1 (b), (d), or (h) of this chapter.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [23 F.R. 9115, Nov. 26, 1958, as amended at 30 F.R. 14772, Nov. 30, 1965]

PART 2-AUTHORITY OF THE

§ 2.1

COMMISSIONER

Authority of the Commissioner. Without divesting the attorney General of any of his powers, privileges, or duties under the immigration and naturalization laws, and except as to the Board, there is delegated to the Commissioner the authority of the Attorney General to direct the administration of the Service and to enforce the act and all other laws relating to the immigration and naturalization of aliens. Commissioner may issue regulations as deemed necessary or appropriate for the exercise of any authority delegated to him by the Attorney General, and may redelegate any such authority to any other officer or employee of the Service. (Sec. 201, 66 Stat. 173; 8 U.S.C. 1103, Reorg. Plan No. 2 of 1950, 15 F.R. 3173, 3 CFR, 1950 Supp.) [23 F.R. 9117, Nov. 26, 1958]

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AUTHORITY: The provisions of this Part 3 issued under secs. 103, 292, 66 Stat. 173, 235; 8 U.S.C. 1103, 1362, sec. 2, Reorg. Plan No. 2 of 1950, 15 F.R. 3173, 3 CFR, 1949-1953 Comp., p. 1003, unless otherwise noted.

§3.1 Board of Immigration Appeals.

(a) Organization. There shall be in the Department of Justice a Board of Immigration Appeals, which shall be under the supervision and direction of the Attorney General and shall be responsible solely to him. The Board shall consist of a chairman and four other members and shall have attached to it an executive assistant-chief examiner who shall have authority to act as an alternate member. It shall also have attached to it such number of attorneys and other

employees as the Attorney General, upon recommendation of the Board, shall from time to time direct. In the absence of the Chairman, a member designated by him shall act as chairman.

(b) Appellate jurisdiction. Appeals shall lie to the Board of Immigration Appeals from the following:

(1) Decisions of special inquiry officers in exclusion cases, as provided in Part 236 of this chapter.

(2) Decisions of special inquiry officers in deportation cases, as provided in Part 242 of this chapter.

(3) Decisions on applications for the exercise of the discretionary authority contained in section 212 (c) of the act, as provided in Part 212 of this chapter.

(4) Decisions involving administrative fines and penalties, including mitigation thereof, as provided in Part 280 of this chapter.

(5) Decisions on petitions filed in accordance with section 204 of the act (except petitions to accord preference classifications under section 203 (a) (3) or section 203 (a) (6) of the act, or a petition on behalf of a child described in section 101(b) (1) (F) of the act), and decisions on requests for revalidation and decisions revoking the approval of such petitions, in accordance with section 205 of the act, as provided in Parts 204 and 205, respectively, of this chapter.

(6) Decisions on applications for the exercise of the discretionary authority contained in section 212(d)(3) of the act as provided in Part 212 of this chapter.

(7) Determinations relating to bond, parole, or detention of an alien as provided in Part 242 of this chapter.

(8) Decisions of special inquiry officers in rescission of adjustment of status cases, as provided in Part 246 of this chapter.

(c) Jurisdiction by certification. The Commissioner, or any other duly authorized officer of the Service, or the Board may in any case arising under paragraph (b) of this section require certification of such case to the Board.

(d) Powers of the Board. (1) Generally. Subject to any specific limitation prescribed by this chapter, in considering and determining cases before it as provided in this part the Board shall exercise such discretion and authority conferred upon the Attorney General by law as is appropriate and necessary for the disposition of the case.

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