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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.

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

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Sections
8 USC

101

1253

102

1254
103 1255
104 1256
105 1257
401 1258
201 1259
1260
1281

202

203

204

1282

205 1283

206 1284*

207 1285*
211 1286*
212

1287*
1301*

213

214 1302

215

1303

221

1304

222

1305

223

1306*

224 1321*
231

1322*

232 1323*

1326*

233 1324
284 1325*
235
236 1327*
237 1328*
238 1329*
239 1330
240 1351*
241 1352
242
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

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Sections
8 USC
1354*

1355*

1356*

1357
1358*

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
I. & N. Act
and
8 CFR
284

Sections
8 USC
1438

285

1439

1440

286
287

1441

288

1442

289

1443

290

1444

291 1445

292 1446

1447

1448

1449

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301

302

303

304

305

306

307

308

309

310

1456*

311
1457*
812 1458*
313
1459*

314

1481*

315

1482*

316

1483*

317

318

1484*
1485*

319

1486*

320

1487*

321

322

1488*

323

1489*
324 1501*
1502*
1503*

325
326

1450

1451

1452

1453*

1454

1455

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110

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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.
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.

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.

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.
Removal of aliens who have fallen into distress.

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.
Imposition and collection of fines.
Forms for sale to public.

Field officers; powers and duties.
American Indians born in Canada.

SUBCHAPTER C-NATIONALITY REGULATIONS

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

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.

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.
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

344

349

499

Certifications from records.

Fees collected by clerks of court.
Loss of nationality.
Nationality forms.

SUBCHAPTER A-GENERAL PROVISIONS

PART 1-DEFINITIONS
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
COMMISSIONER

§ 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
APPEALS

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.
Stay of execution of decision.
Notice of certification.

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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