CHAPTER I-IMMIGRATION AND NATURALIZATION CROSS REFERENCE: For State Department regulations pertaining to visas and Nationality NOTE: This table shows sections of Title 8 of the United States Code and corresponding Sections 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 8 CFR Sections 101 1253 102 1254 202 203 204 1282 205 1283 206 1284* 207 1285* 1287* 213 214 1302 215 1303 221 1304 222 1305 223 1306* 224 1321* 1322* 232 1323* 1326* 233 1324 Sections 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 1355* 1356* 1357 1359* 1360* 1361* 1362 1401* 1402* 1403* 1404* 1405* 1406 1407* 1408* 1409* 1421 1422* 1423 1424* 1425* 1426* 1427 1428 1429 1430 1431* 1432* 1433 1434 1435 1436 1437* Sections Sections 285 1439 1440 286 1441 288 1442 289 1443 290 1444 291 1445 292 1446 1447 1448 1449 301 302 303 304 305 306 307 308 309 310 1456* 311 314 1481* 315 1482* 316 1483* 317 318 1484* 319 1486* 320 1487* 321 322 1488* 323 1489* 325 1450 1451 1452 1453* 1454 1455 110 Part 123 100 101 103 204 205 211 212 213 214 215 221 223 231 232 233 234 235 236 237 238 239 241 242 SUBCHAPTER A- -GENERAL PROVISIONS Definitions. Authority of the commissioner. SUBCHAPTER B-IMMIGRATION REGULATIONS Statement of organization. Presumption of lawful admission. Powers and duties of service officers; availability of service records. 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. 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 Suspension of deportation and voluntary departure. 245 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. Arrival manifests and lists: supporting documents. 246 247 248 249 250 251 252 Landing of alien crewmen. Part 253 264 265 274 280 282 287 289 292 Representation and appearances. 299 Immigration forms. 322 323 324 327 306 312 316a Residence, physical, presence and absence. 318 Pending deportation proceedings. 319 Special classes of persons who may be naturalized: spouses of United States citizens. 328 329 Parole of alien crewmen. Registration and fingerprinting of aliens in the United States. Notices of address. Aliens; bringing in and harboring. Field officers; powers and duties. SUBCHAPTER C-NATIONALITY REGULATIONS Special classes of persons who may be naturalized: Virgin Islanders. Special classes of persons who may be naturalized: children of citizen parent. Special classes of persons who may be naturalized: women who have lost 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. 330 332 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. Proceedings before naturalization court. 336 337 Oath of allegiance. 338 Certificate of naturalization. 339 Functions and duties of clerks of naturalization courts. 340 Revocation of naturalization. 341 Certificates of citizenship. 342 343 Administrative cancellation of certificates, documents, or records. 343a Naturalization and citizenship papers lost, mutilated, or destroyed; new 344 349 499 Certifications from records. Fees collected by clerks of court. SUBCHAPTER A-GENERAL PROVISIONS PART 1-DEFINITIONS § 1.1 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 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. The 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 FR. 9117, Nov. 26, 1958] (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. (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 (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. PART 3-BOARD OF IMMIGRATION Sec. 3.1 Board of Immigration Appeals. Reopening or reconsideration. 3.2 3.3 Notice of appeal. 3.4 Withdrawal of appeal. 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. 3.5 3.6 Forwarding of record on appeal. 3.7 3.8 Motion to reopen or motion to reconsider. 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. |
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