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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.
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
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
and 8 CFR
327 328 329 330 831 892 333 834 335 336 337 338 889 340 841 342 348 344 845 346 847
349 350 851 352 853 854 365 856 857 358 369 360
SUBCHAPTER A GENERAL PROVISIONS
Part 1 2 3
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.
as a preference immigrant.
inadmissible aliens; parole.
aliens arriving by civil aircraft.
apprehension, custody, hearing, and appeal.
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.
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.
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
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.