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CHAPTER FIMMIGRATION 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

101
102
103
104
105
401
201
202
203
204
205
206
207
211
212
213
214
215
221
222
223
224
231
232
233
234
235
236
237
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
1852
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

8 USC
1354*
1355*
1356*
1357
1358*
1859
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
286
286
287
288
289
290
291
292
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
328

Sections

8 USC
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
1453*
1454
1455
1456
1457
1458*
1459
1481
1482
1483
1484*
1485
1488
1487
1488
1489
1501
1502*
1503•

Sections I. & N. Act

and 8 CFR

327 328 329 330 831 892 333 834 335 336 337 338 889 340 841 342 348 344 845 346 847

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349 350 851 352 853 854 365 856 857 358 369 360

SUBCHAPTER A GENERAL PROVISIONS

Part 1 2 3

Definitions.
Authority of the commissioner.
Board of Immigration Appeals.

SUBCHAPTER B-IMMIGRATION REGULATIONS

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 for 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.

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241 242

243 244 245 246 247 248 249 250 251 252

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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

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PART 1-DEFINITIONS

or naturalization law, Executive order, or

Presidential proclamation, or prepara$ 1.1 Definitions.

tion for or incident to such proceeding, As used in this chapter:

including preliminary steps by any pri(a) The terms defined in section 101 vate person or corporation preliminary of the Immigration and Nationality Act to the filing of the application or petition (66 Stat. 163) shall have the meanings by which any proceeding under the ascribed to them in that section and as jurisdiction of the Service or the Board supplemented, explained, and further de- is initiated. fined in this chapter.

(h) The term "day" when computing (b) The term "Act” means the Immi- the period of time for taking any action gration and Nationality Act, as amended. provided in this chapter, including the

(c) The term “Service" means the taking of an appeal, shall include SunImmigration and Naturalization Service. days and legal holidays, except that when

(d) The term “Commissioner" means the last day of the period so computed the Commissioner of Immigration and falls on a Sunday or a legal holiday, Naturalization.

the period shall run until the end of (e) The term “Board" means the the next day which is neither a Sunday Board of Immigration Appeals.

nor a legal holiday. (f) The term "attorney” means any

(1) The term “practice” means the act person who is a member in good standing

or acts of any person appearing in any of the bar of the highest court of any

case, either in person or through the State, possession, territory, Common

preparation or filing of any brief or other

document, paper, application, or petiwealth, or the District of Columbia, and

tion on behalf of another person or is not under any order of any court

client before or with the Service, or any suspending, enjoining, restraining, dis

officer of the Service, or the Board. barring, or otherwise restricting him in (j) The term "representative" means the practice of law.

& person representing a religious, chari(g) Unless the context otherwise re- table, social-service, or similar organizaquires, the term "case" means any pro- tion established in the United States and ceeding arising under any immigration recognized as such by the Board, or a

person described in $ 292.1 (b), (d), or § 3.1 Board of Immigration Appeals. (b) of this chapter.

(a) Organization. There shall be in (k) The term "preparation," consti

the Department of Justice a Board of Imtuting practice, means the study of the

migration Appeals, which shall be under facts of a case and the applicable laws,

the supervision and direction of the Atcoupled with the giving of advice, and

torney General and shall be responsible auxiliary activities, including the in

solely to him. The Board shall consist cidental drawing up and completion of

of a chairman and four other members papers, but does not include the lawful

and shall have attached to it an execufunctions of a notary public or service

tive assistant-chief examiner who shall consisting solely of assistance in the

have authority to act as an alternate completion of blank spaces on printed

member. It shall also have attached to service forms by one whose remunera

it such number of attorneys and other tion, if any, is nominal and who does not hold himself out as specially quali

employees as the Attorney General, upon

recommendation of the Board, shall fied in law or in immigration and nat

from time to time direct. In the absence uralization procedure.

of the Chairman, a member designated (Sec. 103, 66 Stat. 173; 8 0.8.0. 1103) [23

by him shall act as chairman. F.R. 9115, Nov. 26, 1958, as amended at 30 F.R. 14772, Nov. 30, 1965; 34 F.R. 12213,

(b) Appellate jurisdiction. Appeals July 24, 1969)

shall lie to the Board of Immigration Appeals from the following:

(1) Decisions of special inquiry ofPART 2 AUTHORITY OF THE

ficers in exclusion cases, as provided in COMMISSIONER

Part 236 of this chapter. 8 2.1 Authority of the Commissioner. (2) Decisions of special inquiry officers

in deportation cases, as provided in Part Without divesting the attorney Gen

242 of this chapter. eral of any of his powers, privileges, or

(3) Decisions on applications for the duties under the immigration and nat

exercise of the discretionary authority uralization laws, and except as to the

contained in section 212 (c) of the act, Board, there is delegated to the Co amissioner the authority of the Attorney

as provided in Part 212 of this chapter. General to direct the administration of

(4) Decisions involving administrathe Service and to enforce the act and tive fines and penalties, including mitiall other laws relating to the immigra- gation thereof, as provided in Part 280 tion and naturalization of aliens. The of this chapter. Commissioner may issue regulations as (5) Decisions on petitions filed in acdeemed necessary or appropriate for the cordance with section 204 of the act exercise of any authority delegated to (except petitions to accord preference him by the Attorney General, and may classifications under section 203(a) (3) redelegate any such authority to any

or section 203(a) (6) of the act, or a petiother officer or employee of the Service.

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.) [28 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 APPEALS

of the act, as provided in Parts 204 and Sec,

205, respectively, of this chapter. 8.1 Board of Immigration Appeals.

(6) Decisions on applications for the 3.2 Reopening or reconsideration.

exercise of the discretionary authority 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 8.6 Forwarding of record on appeal. 8.6 Stay of execution of decision.

chapter. 8.7 Notice of certification.

(7) Determinations relating to bond, 8.8 Motion to reopen or motion to recon

parole, or detention of an alien as prosider.

vided in Part 242 of this chapter. AUTHORITY: The provisions of this Part 3

(8) Decisions of special inquiry 'ofilasued under Becs. 103, 292, 66 Stat. 173, 235;

cers in rescission of adjustment of status 8 U.S.C. 1103, 1862, sec. 2, Reorg. Plan No. 2 of 1950, 16 F.R. 3173, 8 CFR, 1949–1953 Comp., cases, as provided in Part 246 of this P. 1003, unless otherwise noted.

chapter.

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