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CHAPTER 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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Sections

8 USC 1101 1102* 1103* 1104* 1105* 1106* 1151 1152 1153• 1154 1155 1156 1157* 1181 1182 1183 1184 1185 1201. 1202 1203 1204* 1221 1222 1223 1224* 1225 1226 1227 1228 1229 1230* 1251 1252

Sections
I. & N. Act

and
8 CFR

101
102
108
104
105
401
201
202
203
204
205
206
207
211
212
213
214
215
221
222
228
224
231
232
233
284
235
236
297
238
239
240
241
242

Sections

8 USC
1253
1254
1255
1256
1257
1258
1259
1260
1281
1282
1283
1284
1285
1286*
1287*
1301*
1302
1303
1304
1305
1306*
1321
1322
1323
1324
1325
1326
1327*
1328*
1329*
1330
1351
1352
1353

Sections
I. & N. Act

and
8 CFR

243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
261
262
263
264
265
266
271
272
273
274
275
276
277
278
279
280
281
282
283

Sections

I. & N. Act
Sections and

8 USC 8 CFR
1354 ... 284
1355*

285

T 1356

286 1857

287 1358*

288 1359*

289 1360*

290 1361.

291 1362

292 1401

301 1402*

302 1403

303 1404*

804 1405

305 1406

806 1407*

307 1408*

308 1409*

309 1421

310 1422*

311 1423

312 1424*

313 1425

314 1426*

315 1427

316 1428

317 1429

318 1480

319 1481*

320 1432*

321 1433

322 1434

323 1435

324 1436

325 1437*

326

Sections

8 USC
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1462
1453*
1454
1455
1456*
1457
1458
1459.
1481

Sections I. & N. Act

and 8 CFR

327 328 829 830 331 332 333 334 835 386 887 388 899 340 341 842 343 344 345 346 347 848 34.0 350 851 352 358 354 385 356 857 358 359 360

1482

1483* 1484* 1485* 1486* 1487* 1488* 1489 1501* 1502* 1503

[blocks in formation]

100 101 103 204

205 211 212

213 214 215 221 223 231 232 233 234 235 236 237 238 239

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.
Documentary requirements: nonimmigrants; waivers; admission of certain

inadmissible aliens; parole.
Admission of aliens on giving bond or cash deposit.
Nonimmigrant classes.
Controls upon departure of persons from and entry into the United States.
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.
Deportation of aliens in the United States.
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.
Landing of alien crewmen.

241 242

243 244 245 246 247 248 249 250 251 252

Part 253 264 265 274 280 282 287 289 292 299

Parole of alien crewmen.
Registration and fingerprinting of aliens in the United States.
Notices of address.
Aliens; bringing in and harboring.
Imposition and collection of fines.
Forms for sale to public.
Field officers; powers and duties.
American Indians born in Canada.
Representation and appearances.
Immigration forms.

SUBCHAPTER C-NATIONALITY REGULATIONS

306 Special classes of persons who may be naturalized: Virgin Islanders. 312 Educational requirements for naturalization. 316a Residence, physical, presence and absence. 318 Pending deportation proceedings. 319 Special classes of persons who may be naturalized: spouses of United States

citizens. 322 Special classes of persons who may be naturalized: children of citizen parent. 323 Special classes of persons who may be naturalized: children adopted by

United States citizens. 324 Special classes of persons who

may

be naturalized: women who have lost United States citizenship by marriage. 327 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. 328 Special classes of persons who may be naturalized: persons with three years

service in Armed Forces of the United States. 329 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. 330 Special classes of persons who may be naturalized: seamen. 332

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. 333 Photographs. 334 Petition for naturalization. 334a Declaration of intention. 335 Preliminary examination on petitions for naturalization. 335a Transfer, withdrawal or failure to prosecute petition for naturalization. 335b Proof of qualifications for naturalization: witnesses; depositions.

Part 335c Investigations of petitioners for naturalization. 336 Proceedings before naturalization court. 337 Oath of allegiance. 338 Certificate of naturalization. 339 Functions and duties of clerks of naturalization courts. 340 Revocation of naturalization. 341 Certificates of citizenship. 342 Administrative cancellation of certificates, documents, or records. 343 Certificate of naturalization or repatriation; persons who resumed citizen

ship 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. 343c Certifications from records. 344 Fees collected by clerks of court. 349 Loss of nationality. 499 Nationality forms.

SUBCHAPTER A-GENERAL PROVISIONS

PART 1-DEFINITIONS 8 1.1 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 employees as the Attorney General, upon person described in § 292.1 (b), (d), or recommendation of the Board, shall (b) of this chapter.

from time to time direct. In the absence (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [23

of the Chairman, a member designated F.R. 9115, Nov. 26, 1958, as amended at 30 by him shall act as chairman. F.R. 14772, Nov. 30, 1965]

(b) Appellate jurisdiction. Appeals

shall lie to the Board of Immigration PART 2-AUTHORITY OF THE Appeals from the following: COMMISSIONER

(1) Decisions of special inquiry of

ficers in exclusion cases, as provided in § 2.1 Authority of the Commissioner. Part 236 of this chapter. Without divesting the attorney Gen

(2) Decisions of special inquiry officers eral of any of his powers, privileges, or

in deportation cases, as provided in Part duties under the immigration and nat

242 of this chapter. uralization laws, and except as to the

(3) Decisions on applications for the Board, there is delegated to the Commis

exercise of the discretionary authority sioner the authority of the Attorney

contained in section 212 (c) of the act, General to direct the administration of

as provided in Part 212 of this chapter. the Service and to enforce the act and

(4) Decisions involving administraall other laws relating to the immigra

tive fines and penalties, including mitition and naturalization of aliens. The

gation thereof, as provided in Part 280 Commissioner may issue regulations as

of this chapter. deemed necessary or appropriate for the

(5) Decisions on petitions filed in acexercise of any authority delegated to

cordance with section 204 of the act him by the Attorney General, and may

(except petitions to accord preference redelegate any such authority to any

classifications under section 203(a) (3) other officer or employee of the Service.

or section 203(a) (6) of the act, or a peti

tion on behalf of a child described in (Sec. 201, 66 Stat. 173; 8 U.S.C. 1103, Reorg.

section 101(b) (1) (F) of the act), and Plan No. 2 of 1950, 15 F.R. 3173, 3 CFR, 1950 Supp.) (23 F.R. 9117, Nov. 26, 1958]

decisions on requests for revalidation and

decisions revoking the approval of such PART 3-BOARD OF IMMIGRATION

petitions, in accordance with section 205

of the act, as provided in Parts 204 and APPEALS

205, respectively, of this chapter. Sec. 3.1 Board of Immigration Appeals.

(6) Decisions on applications for the

exercise of the discretionary authority 3.2 Reopening or reconsideration. 3.3 Notice of appeal.

contained in section 212(d) (3) of the 3.4 Withdrawal of appeal.

act as provided in Part 212 of this 3.5 Forwarding of record on appeal.

chapter. 3.6 Stay of execution of decision.

(7) Determinations relating to bond, 3.7 Notice of certification.

parole, or detention of an alien as pro3.8 Motion to reopen or motion to recon- vided in Part 242 of this chapter. sider.

(8) Decisions of special inquiry offAUTHORITY: The provisions of this Part 3 cers in rescission of adjustment of status issued under secs. 103, 292, 66 Stat. 173, 235; cases, as provided in Part 246 of this 8 U.S.C. 1103, 1362, sec. 2, Reorg. Plan No. 2

chapter. of 1950, 15 F.R. 3173, 3 CFR, 1949–1953 Comp.,

(c) Jurisdiction by certification. The p. 1003, unless otherwise noted.

Commissioner, or any other duly author§ 3.1 Board of Immigration Appeals. ized oficer of the Service, or the Board (a) Organization. There shall be in

may in any case arising under parathe Department of Justice a Board of Im

graph (b) of this section require certifi

cation of such case to the Board. migration Appeals, which shall be under the supervision and direction of the At

(d) Powers of the Board. (1) Gentorney General and shall be responsible

erally. Subject to any specific limita

tion prescribed by this chapter, in consolely to him. The Board shall consist

sidering and determining cases before of a chairman and four other members

it as provided in this part the Board and shall have attached to it an execu

shall exercise such discretion and autive assistant-chief examiner who shall

thority conferred upon the Attorney have authority to act as an alternate General by law as is appropriate and member. It shall also have attached to necessary for the disposition of the it such number of attorneys and other case.

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