Code of Federal Regulations: Containing a Codification of Documents of ...

who approved the petition in a sixthpreference case.

(5) Upon termination of the employer's business in a sixth-preference

case.

(d) Notice. When it shall appear to a district director that the approval of a petition has been automatically revoked, he shall cause a notice of such revocation to be sent promptly to the consular office having jurisdiction over the visa application and a copy of such notice to be mailed to the petitioner's last known address.

[30 F.R. 14775, Nov. 30, 1965, as amended at 32 F.R. 6260, Apr. 21, 1967; 35 F.R. 7285, May 9, 1970; 36 F.R. 2861, Feb. 11, 1971; 36 F.R. 5836, Mar. 30, 1971]

Revocation of approval of a petition under $ 205.2 shall be made only upon notice to the petitioner who shall be given an opportunity to offer evidence in support of the petition and in opposition to the grounds alleged for revocation of the approval. If upon reconsideration the approval previously granted is revoked, the petitioner shall be informed of the decision with the reasons therefor and shall have 15 days after the service of the notification of decision within which to appeal as provided in Part 3 of this chapter, if the petition was filed for a preference under paragraph (1), (2), (4), or (5) of section 203(a) of the Act, or for an immediate relative as defined in section 201(b) of the Act other than a child as defined in section 101(b) (1) (F) of the Act, or as provided in Part 103 of this chapter, if the petition was filed for a preference under paragraph (3) or (6) of section 203 (a) of the Act, or for a child as defined in section 101(b) (1) (F) of the Act, and the consular office having jurisdiction over the visa application shall be notified of the revocation. [37 F.R. 11470, June 8, 1972]

PART 211-DOCUMENTARY RE

QUIREMENTS: WAIVERS

Sec.

211.1 Visas.

Passports.

IMMIGRANTS;

211.2 211.3 Expiration of immigrant visas, reentry permits, and Forms I-151. 211.4 Inapplicability of section 212(a) (24) to certain immigrants.

211.5 Recording the entry of certain immigrant children admitted without immigrant visas.

AUTHORITY: The provisions of this Part 211 issued under secs. 101, 103, 211, 212, 223, 235, 247, 66 Stat. 166, as amended, 173, 181, 182, as amended, 194, 198, 218; 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257.

§ 211.1 Visas.

(a) General. A valid unexpired immigrant visa shall be presented by each arriving immigrant alien applying for admission to the United States for lawful permanent residence, except an immigrant alien who: (1) Is a child born subsequent to the issuance of an immigrant visa to his accompanying parent and applies for admission during the validity of such a visa; or (2) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided the child's application for admission to the United States is made within 2 years of his birth, the child is accompanied by his parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

(b) Aliens returning to an unrelinquished lawful permanent residence(1) Form I-151, Alien Registration Receipt Card. In lieu of an immigrant visa, an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year may present Form I-151, Alien Registration Receipt Card, duly issued to him: Provided, That during such absence he did not travel to, in, or through any of the following places: Cuba and Communist portions of Korea or Viet-Nam, and, except for children who have not attained the age of 16 at the time they apply for admission into the United States, Albania, Bulgaria, Czechoslova

kia, Estonia, Hungary, Latvia, Lithuania, Outer Mongolia, People's Republic of China, Poland, Romania, the Soviet Zone of Germany ("German Democratic Republic"), the Union of Soviet Socialist Republics, or Yugoslavia. The foregoing restrictions shall not apply when the alien has passed in direct and continuous transit through the Soviet Zone of Germany to Berlin from West Germany by automobile, rail, or plane and returned to West Germany; or when the alien has passed in direct and continuous transit through Yugoslavia to or from Austria, Greece, or Italy. An alien regularly serving as a crewman in any capacity required for normal operations and services aboard an aircraft or vessel of American registry who is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding one year may, in lieu of an immigrant visa, present Form I-151, duly issued to him, notwithstanding travel to, in, or through any of the restricted places named in this subparagraph pursuant to his employment as a crewman. An alien who proceeded abroad temporarily without a reentry permit and in whose case subsequent to his departure from the United States the Department of State has approved travel to, in, or through Cuba, or Communist portions of Korea or Viet-Nam, may, in lieu of an immigrant visa or reentry permit, present Form I151 together with the letter from the Department of State approving his travel to, in, or through the place or places named in the letter, if he is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding one year. An alien who proceeded abroad temporarily without a reentry permit and in whose case subsequent to his departure from and prior to his return to the United States the Service has approved travel to, in, or through any of the other place or places named in this subparagraph for which Form I-151 is not valid may, in lieu of an immigrant visa or reentry permit, present Form I-151 together with the letter from an officer of the Service approving his travel to, in, or through the place or places named in the letter, if he is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year. When returning to

an unrelinquished lawful permanent residence in the United States after a temporary absence abroad, a spouse or child of a member of the Armed Forces of the United States or of a civilian employee of the U.S. Government stationed foreign pursuant to official orders may, in lieu of an immigrant visa, present Form I-151, provided such spouse or child resided abroad while such member of the Armed Forces or such civilian employee was on overseas duty and is preceding or accompanying the member or employee, or is following to join the member or employee in the United States within 4 months of the member's or employee's return, and during the temporary absence did not travel to, in, or through any of the restricted places named in this subparagraph, except those named places concerning which the restrictions do not apply when an alien has passed in direct and continuous transit through such areas. When the Secretary of Labor determines and announces that a labor dispute involving a work stoppage or layoff of employees is in progress at a named place of employment, Form I-151 shall be invalid when presented in lieu of an immigrant visa or reentry permit by an alien who has departed for and seeks reentry from any foreign place and who, prior to his departure or during his temporary absence abroad has in any manner entered into an arrangement to return to the United States for the primary purpose, or seeks reentry with the intention, of accepting employment at the place where the Secretary of Labor has determined that a labor dispute exists, or of continuing employment which commenced at such place subsequent to the date of the Secretary of Labor's determination.

(2) Reentry permit. In lieu of an immigrant visa, an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad may present a valid, unexpired reentry permit duly issued to him. A lawful permanent resident alien who, prior to his departure from the United States for a temporary absence abroad, intends to travel to, in, or through any restricted place or places named in subparagraph (1) of this paragraph shall apply for a reentry permit. A reentry permit shall be invalid when presented by an alien who, during his temporary absence

who approved the petition in a sixthpreference case.

(5) Upon termination of the employer's business in a sixth-preference

case.

[30 F.R. 14775, Nov. 30, 1965, as amended at 32 F.R. 6260, Apr. 21, 1967; 35 F.R. 7285, May 9, 1970; 36 F.R. 2861, Feb. 11, 1971; 36 F.R. 5836, Mar. 30, 1971]

Revocation of approval of a petition under § 205.2 shall be made only upon notice to the petitioner who shall be given an opportunity to offer evidence in support of the petition and in opposition to the grounds alleged for revocation of the approval. If upon reconsideration the approval previously granted is revoked, the petitioner shall be informed of the decision with the reasons therefor and shall have 15 days after the service of the notification of decision within which to appeal as provided in Part 3 of this chapter, if the petition was filed for a preference under paragraph (1), (2), (4), or (5) of section 203 (a) of the Act, or for an immediate relative as defined in section 201 (b) of the Act other than a child as defined in section 101 (b) (1) (F) of the Act, or as provided in Part 103 of this chapter, if the petition was filed for a preference under paragraph (3) or (6) of section 203 (a) of the Act, or for a child as defined in section 101(b) (1) (F) of the Act, and the consular office having jurisdiction over the visa application shall be notified of the revocation. [37 F.R. 11470, June 8, 1972]

PART 211-DOCUMENTARY RE

QUIREMENTS: WAIVERS

Sec.

211.1 Visas.

Passports.

IMMIGRANTS;

211.2 211.3 Expiration of immigrant visas, reentry permits, and Forms I-151. 211.4 Inapplicability of section 212(a) (24) to certain immigrants.

211.5 Recording the entry of certain immigrant children admitted without immigrant visas.

§ 211.1 Visas.

abroad, traveled to, in, or through Cuba, or Communist portions of Korea or VietNam, unless his permit bears an endorsement, or he presents a letter issued to him by the Department of State, stating that the restriction with regard to any such place or places has been waived. A waiver of the restriction will not be authorized unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places.

(3) Waiver of visas. An immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad who satisfies the district director in charge of the port of entry that there is good cause for his failure to present an immigrant visa, Form I-151, or reentry permit may, upon application on Form I-193, be granted a waiver of that requirement. If the alien has traveled to, in, or through Cuba, or Communist portions of Korea or Viet-Nam, a waiver will not be authorized unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places.

(A), (E), or (G) of the Act. An immigrant visa, reentry permit, or Form I-151 shall be invalid when presented by an alien who has an occupational status under section 101 (a) (15) (A), (E), or (G) of the Act, unless he has previously submitted, or submits at the time he applies for admission to the United States, the written waiver required by section 247(b) of the Act and Part 247 of this chapter.

[31 F.R. 13387, Oct. 15, 1966, as amended at 32 F.R. 408, Jan. 14, 1967; 32 F.R. 8378, June 10, 1967; 32 F.R. 11516, Aug. 10, 1967; 33 F.R. 4561, Mar. 15, 1968; 35 F.R. 3065, Feb. 17, 1970; 36 F.R. 1247, Jan. 27, 1971; 36 F.R. 22145, Nov. 20, 1971; 36 F.R. 23865, Dec. 16, 1971]

A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his immigrant visa shall be presented by each immigrant except an immigrant who (a) is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States, or (b) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided the child's application

for admission to the United States is made within two years of his birth, the child is accompanied by his parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States, or (c) is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad, or (d) is a stateless person or a person who because of his opposition to Communism is unwilling or unable to obtain a passport from the country of his nationality or is the accompanying spouse or unmarried son or daughter of such immigrant, or (e) is a third-preference quota immigrant, or (f) is a member of the Armed Forces of the United States, or (g) satisfies the district director in charge of the port of entry that there is good cause for failure to present the required document, in which case an application for waiver shall be made on Form I-193.

[29 F.R. 10578, July 30, 1964, as amended at 30 F.R. 14776, Nov. 30, 1965]

§ 211.3 Expiration of immigrant visas, reentry permits, and Forms 1-151. An immigrant visa, reentry permit, or Form I-151 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his immigrant visa or reentry permit or, with respect to Form I-151, before the first anniversary of the date on which he departed from the United States, provided that the vessel or aircraft on which he so embarked or enplaned arrives in the United States or foreign contiguous territory on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.

[29 F.R. 10578, July 30, 1964]

§ 211.4 Inapplicability of section 212 (a)(24) to certain immigrants.

The provisions of section 212(a) (24) of the Act do not apply to an immigrant who is native of an adjacent island or of foreign contiguous territory and who is seeking admission from any adjacent island or foreign contiguous territory, or

« Înapoi Continuă »

Cărți