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the provisions of Chapter 7 of Title II of the Immigration and Nationality Act.

(2) The term "registration” or “register" or "registered" includes fingerprinting in the case of aliens 14 years of age or over.

(3) The term "alien registration receipt card" means any card, certificate or document issued to an alien pursuant to the registration requirements of chapter 7 of Title II of the Immigration and Nationality Act or Title III of the Alien Registration Act, 1940.

Regulations

§ 1.2 Prior regulations. under Chapter I of this title, which were in effect on the effective date of the promulgation of these regulations, shall continue to be effective insofar as may be applicable and necessary under the provisions of section 405 of the Immigration and Nationality Act and, as to the control of the departure of persons, under the act of May 22, 1918, as amended and extended by section 1 (a) (30) of Public Law 450, 82d Congress.

SUBPART B-PROCEDURAL AND OTHER NONSUBSTANTIVE PROVISIONS [RESERVED]

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2.2

2.3

Certification of nonexistence of record.
Remittance of fees.

2.4 Copies of Service records and information; fees.

2.5 Fees for service, documents, papers, and records, not specified in the Immigration and Nationality Act.

2.6 Designation of Application Receiving Offices.

Subpart B-Procedural and Other Nonsubstantive Provisions [Reserved] AUTHORITY: §§ 2.1 to 2.6 issued under sec. 501, 65 Stat. 290, sec. 103, 66 Stat. 173; 5 U. S. C., Sup., 140. Interpret or apply secs. 281, 332, 343, 344, 405, 66 Stat. 230, 252, 263, 264, 280.

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and naturalization records, or information therefrom, and may certify that any official file, document, or record in the custody or control of the Service is a true file, document, or record, or that a copy of such file, document or record is a true copy.

§ 2.2 Certification of nonexistence of record. The chief of the Records Administration Branch of the Central Office may certify the nonexistence in the records of the Service of an official file, document, or record pertaining to a specified person or subject.

§ 2.3 Remittance of fees-(a) When submitted. Fees required to be submitted with, or on account of, any of the various applications or petitions prescribed in this chapter shall be attached to and submitted with such application or petition and shall be in the amount prescribed by the Immigration and Nationality Act or other applicable statute or regulation. All remittances shall be accepted subject to collection, and no receipt issued by an officer of the Service for any such remittance shall be binding if the instrument of remittance is found uncollectible. Such fees shall not be accepted in the form of postage stamps.

(b) Payee.

Remittances shall be made payable to the "Treasurer of the United States", except that in the case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the "Commissioner of Finance of the Virgin Islands," and except that in the case of applicants residing in Guam, the remittances shall be made payable to the "Treasurer, Guam". The address of the payee shall not be included in that part of the form of remittance intended solely for the designation of the payee. Whenever it shall be necessary to indicate on a form of remittance the place at which the remittance is collectible or payable, there shall be used the name of the city or town and the State in which is located the Service office to which the application is to be sent.

§ 2.4 Copies of Service records and injormation; fees. (a) Except as otherwise provided by law or regulations, there shall be paid in advance for furnishing any person or agency (other than an officer or agency of the United States or of any State or any subdivision

thereof for official use in connection with the official duties of such officers or agencies) copies, certified or uncertified, of any part of, or information from, the records of the Service, a fee of 25 cents per folio of one hundred words or fraction thereof, with a minimum fee of 50 cents for any such service. Application for the desired service shall be made on Form N-585 and submitted to the Service in accordance with the instructions contained therein. The applicant shall be advised if any fee in addition to the minimum is required for the requested service.

(b) Whenever the information requested in an application is contained in several files relating to one person, group, or thing, the furnishing of such information to one party shall be regarded as one service, and the information may be furnished in one letter or statement at the said rate per folio; but whenever the information requested in cases of this character is to be furnished to two or more persons, the furnishing of each letter or statement shall be regarded as a separate and distinct service, and an additional fee, or fees, shall be charged for each such additional service.

(c) Whenever the information requested in an application is contained in one or more files relating, respectively, to two or more persons, groups, or things the furnishing of such information from the file or files relating, respectively, to each such person, group, or thing, shall, in each instance, be regarded as a separate and distinct service, and separate letters or statements, each embodying collectively the information requested as to each person, group, or thing, shall be prepared, and an additional fee or fees shall be charged for each such additional service.

(d) Whenever additional uncertified copies of documents or written information from the record are applied for in order to meet the needs of applicants, the fees for such additional copies or advices or statements shall be at the rate of 25 cents per folio of one hundred words or fraction thereof, with a minimum of 50 cents for each such additional copy.

(e) Whenever it is desired that a copy of a document or written information from the records be officially certified under seal, a fee of $1.00 shall be charged for each such certification, in addition to the fees hereinabove provided.

§ 2.5 Fees for service, documents, papers, and records, not specified in the Immigration and Nationality Act. In addition to the fees enumerated in sections 281 and 344 of the Immigration and Nationality Act, the following fees and charges are fixed and established: (1) For filing application for United States citizen border crossing identification card...

(2) For filing application for verifi-
cation of entry of an alien for use
in connection with issuance of Im-
migration Visa to relatives..
(3) For filing application for the
benefits of secs. 316 (b) or 317 of
the Immigration and Nationality
Act---

(4) For filing an appeal from a de-
cision in an exclusion or deporta-
tion proceeding---

(5) For filing an appeal from any decision under the Immigration and Nationality Act, except from a decision in an exclusion or deportation proceeding-.

(6) For filing a motion to reopen or a motion to reconsider in any case arising under the Immigration and Nationality Act---.

(7) For filing application for Alien Registration Receipt Card in lieu of one lost, mutilated, or destroyed, or in changed name__

(8) For filing application for approval
of school__

(9) For filing application for permis-
sion to reapply in the case of ex-
cluded or deported aliens, aliens
who have fallen into distress and
have been removed, aliens who
have been removed as alien
enemies, or aliens who have been
removed at Government expense in
lieu of deportation_-_-
(10) For filing application for discre-
tionary relief under sec. 212 (c) of
the Immigration and Nationality
Act__

$5.00

3.00

10.00

25.00

10.00

5.00

5.00

25.00

5.00

25.00

25.00

1.00

(11) For filing application for discretionary relief under sec. 212 (d) (3) of the Immigration and Nationality Act, except in emergency cases.. (12) For filing application for Alien Laborer's Identification Card in lieu of one lost, mutilated or destroyed (13) For filing application for waiver of passport or visa of an individual alien at time he applies for temporary admission to the United States. (This fee shall not be applicable to an admissible alien who is officially engaged in activities in connection with any multipartite treaty organization of which the United States is signatory or who is a member of the armed forces of any foreign government.) ---. --- 110.00 1 Plus communication costs.

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in connection with the administration of the Immigration and Nationality Act:

(1) A company holding a certificate from the Secretary of the Treasury under Title 6, Sections 6-13, United States Code, as an acceptable surety on Federal bonds;

(2) A surety who deposits United States bonds or notes of the class described in section 15 of Title 6, United States Code, and Treasury Department regulations issued pursuant thereto. which bonds or notes are not redeemable within one year from the date on which they are offered for deposit; or

(3) Sureties shall be two in number, each of whom shall justify separately in real property not exempted from levy and sale upon execution, which real property is actually valued, over and above all encumbrances, at double the amount of the bond, and each of whom shall, in addition to making such justification, satisfactorily establish to the immigration officer authorized to approve the bond that his net worth, over and above all obligations and liabilities of any kind, secured or unsecured, is equal to double the amount of the bond.

(b) Approval; extension agreements; consent of surety; collateral security. Regardless of the section of law or regulations under which a bond is required, district directors and officers in charge are authorized, either directly or through officers or employees designated by them to approve bonds which are prepared on a form approved by the Commissioner, provided no substantial change is made in the conditions printed on such form. Such officers are also authorized to approve formal agreements by which a surety consents to an extension of his liability on any such bond and to approve any power of attorney executed on Form I-312 or Form I-313 which purports to authorize the delivery after its release of collateral deposited to secure the performance of any such bond to some person or concern other than the depositor thereof. Unless otherwise specifically provided in this chapter or by the Commissioner in any case or class of cases, bonds prepared on forms approved by the Commissioner, all agreements of extension of liability relating thereto, and all powers of attorney for delivery of collateral security deposited in connection therewith shall be retained at the office of the Service where approved. Bonds prepared on any form

other than one approved by the Commissioner, or bonds prepared on any such forms in which the conditions have been materially altered, agreements of extension of liability relating thereto, and any powers of attorney to receive back collateral deposited in connection therewith, shall be submitted to the Commissioner for approval. Regardless of the form on which the bond is prepared, any power of attorney not executed on Form I-312 or Form I-313, purporting to authorize the delivery after its release of any deposit of collateral security to some person or concern other than the depositor thereof, shall be forwarded, together with the bond and all appurtenant documents, to the Commissioner for approval. In the same manner, all requests for delivery of collateral security to a person other than the depositor or his approved attorney in fact shall be forwarded to the Commissioner for approval. Instruments and other papers forwarded to the Commissioner under the provisions of this paragraph shall be handled by the General Counsel.

(c) Violation of conditions; cancellation. (1) Whenever it shall appear that a condition of a bond executed in connection with the administration of the immigration laws may have been violated, the bond, all appurtenant documents, and a full report of the circumstances, shall be forwarded to the district director having administrative jurisdiction over the office where the bond is retained for decision as to whether the conditions of the bond have been met so that it may be cancelled, or whether any condition of the bond has been violated so that liability thereunder should be enforced, or whether the circumstances are such that the bond should be continued in effect. If the obligors are adversely affected by the decision of the district director, they shall be notified by the district director in writing on Form I-323 of his decision and of their right to appeal to the Assistant Commissioner, Inspections and Examinations Division, in accordance with Part 7 of this chapter, by filing a Notice of Appeal, Form I-290B, at the office of the district director within 10 days from the receipt of notification of such decision. No appeal shall lie from the decision of the Assistant Commissioner, Inspections and Examinations Division.

(2) If all the conditions of a bond executed in connection with the admin

istration of the immigration laws have been complied with and the obligation has thereby been discharged by its own terms, the district director shall so notify the obligors on Form I-391. Similar notice shall be given if all the conditions of the bond have been complied with and:

(i) The alien has departed from the United States;

(ii) The alien has died;

(iii) The alien has been naturalized as a citizen of the United States;

(iv) A new bond has been furnished to replace the existing bond; or

(v) In the case of a delivery bond, the warrant of arrest or deportation has been cancelled, or the alien's application for suspension of deportation has been approved, or the alien has been imprisoned, or inducted into the armed forces of the United States.

(Sec. 103, 66 Stat. 173) [17 F. R. 11472, Dec. 19, 1952]

SUBPART B-PROCEDURAL AND OTHER NONSUBSTANTIVE PROVISIONS [RESERVED]

Part 4-Lawful Admission for Permanent Residence: Special Classes: When Presumed

Sec. 4.1

4.2

4.3

Subpart A-Substantive Provisions

Chinese person; definition.

Presumption of lawful admission.
Applicability of travel restrictions im-
posed by section 212 (d) (7) of the
Immigration and Nationality Act.

Subpart B-Procedural and Other Nonsubstantive Provisions [Reserved] AUTHORITY: §§ 4.1 to 4.3 issued under sec. 103, 66 Stat. 173. Interpret or apply secs. 101, 212, 66 Stat. 166, 182.

SOURCE: §§ 4.1 to 4.3 appear at 17 F. R. 11473, Dec. 19, 1952.

SUBPART A-SUBSTANTIVE PROVISIONS

§ 4.1 Chinese person; definition. For the purposes of this part an alien who is of as much as one-half Chinese blood and is not of as much as one-half blood of a race or races which were ineligible for naturalization under section 303 of the Nationality Act of 1940, as amended, shall be regarded as a Chinese person.

§ 4.2 Presumption of lawful admission. An alien of any of the followingdescribed classes shall be presumed to have been lawfully admitted for permanent residence within the meaning of the

Immigration and Nationality Act (even though no record of his admission can be found, except as otherwise provided in this part) unless the alien abandoned his status as a lawful permanent resident, or lost such status by operation of law, at any time subsequent to such admission:

(a) Aliens who entered prior to June 30, 1906. An alien who establishes that he entered the United States prior to June 30, 1906.

(b) Aliens who entered across land borders of the United States. An alien who establishes that, while a citizen of Canada or Newfoundland, he entered the United States across the Canadian border prior to October 1, 1906, and an alien who establishes that while a citizen of Mexico he entered the United States across the Mexican border prior to July 1, 1908.

(c) Aliens preexamined in Canada prior to July 1, 1924. An alien in whose case no record exists of his actual admission to the United States but who establishes that he gained admission to the United States prior to July 1, 1924 pursuant to preexamination at a United States immigration station in Canada and that a record of such preexamination exists.

(d) Aliens who entered the Virgin Islands. An alien who establishes that he entered the Virgin Islands of the United States prior to July 1, 1938, even though a record of his admission as a non-immigrant under the Immigration Act of 1924, prior to July 1, 1938, exists. (e) Aliens within the Asiatic barred zone. An alien who establishes that he is of a race indigenous to, and a native of a country within, the Asiatic zone defined in section 3 of the act of February 5, 1917, as amended, that he was a member of a class of aliens exempted from exclusion by the provisions of the said section, and that he entered the United States prior to July 1, 1924, provided that a record of such entry exists.

(f) Chinese persons. (1) A Chinese person in whose case there exists a record of his admission to the United States prior to July 1, 1924, under the provisions of the laws, orders, rules or regulations applicable to Chinese and who establishes that at the time of his admission he was a member of one or more of the following-described classes:

Merchants. Teachers. Students.

Sons or daughters under 21 years of age and wives, accompanying or following to Join such merchants, teachers, and students. Travelers for curiosity or pleasure.

Accompanying sons or daughters under 21 years of age and accompanying wives of such travelers.

Wives of United States citizens.

Returning laborers.

Persons admitted as United States citizens under section 1993 of the Revised Statutes of the United States, as amended, but who were admitted in error for the reason that their fathers had not resided in the United States prior to their birth.

(2) A Chinese person in whose case there exists a record of his admission to the United States as a member of one of the following classes, and who establishes that he was, at the time of his admission, a member thereof:

Aliens readmitted between July 1, 1924, and December 16, 1943, inclusive, as returning Chinese laborers who acquired lawful permanent residence prior to July 1, 1924.

Persons admitted between July 1, 1924 and June 6, 1927, inclusive, as United States citizens under section 1993 of the Revised Statutes of the United States, but who were admitted in error for the reason that their fathers had not resided in the United States prior to their birth.

Aliens admitted at any time after June 30, 1924, under subsections (b) or (d) of section 4 of the Immigration Act of 1924.

Alien wives admitted between June 13, 1930, and December 16, 1943, inclusive, and after August 9, 1946, under subsection (a) of section 4 of the Immigration Act of 1924.

Aliens admitted on or after December 17, 1943, under subsection (f) of section 4 of the Immigration Act of 1924.

Aliens admitted on or after December 17. 1943, under section 317 (c) of the Nationality Act of 1940, as amended.

Aliens admitted on or after December 17, 1943, as preference or non-perference quota immigrants pursuant to section 2 of the act of that date.

Aliens admitted between July 1, 1924, and December 23, 1952, both dates inclusive, as the wives or minor sons or daughters of treaty merchants, admitted before July 1, 1924.

(g) Citizens of the Philippine Islands (1) Who entered United States before May 1, 1934. An alien who establishes that he entered the United States prior to May 1, 1934, and that he was on the date of such entry a citizen of the Philippine Islands: Provided, That, for the purpose of petitioning for naturalization under Title III of the Immigration and Nationality Act, such alien shall not be regarded as having been lawfully admitted to the United States for per

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