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presented for each alien passenger, except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda, shall be completely executed. For an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda, only the first four lines of the Form I-94 shall be completed. The Alien Registration Number shall be substituted for "passport number" on the Form I-94 presented for a returning lawful permanent resident of the United States.

[30 F.R. 6777, May 1965, as amended at 32 F.R. 9626, July 4, 1967; 32 F.R. 11517, Aug. 10, 1967; 34 F.R. 2601, Feb. 26, 1969]

§ 231.2 Departure manifests for passengers.

(a) Vessels. The master or agent of every vessel departing from the United States for a foreign place or an outlying possession of the United States, cxcept one departing directly to Canada on a voyage terminating in that country or one departing from the Virgin Islands of the United States directly to the British Virgin Islands on a voyage terminating in the latter islands, must present a manifest of all alien passengers on board to the immigration officer at the port of departure. For vessels that are given advance permisison to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) for each alien passenger. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) setting forth each port of disembarkation and the number of passengers (including U.S. citizens) destined thereto shall be submitted by the carrier to the immigration officer at the last port of departure in the United States. For vessels that are not given such advance permission, the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a fully executed Form I-94 for each alien passenger except an alien permanent resident of the United States, a Canadian citizen, or a British subject residing in Canada or Bermuda. For departing alien nonimmigrants the Form I-94 given the alien at the time of his last admission to the United States should be utilized. Any alien registration receipt card on Form I-151 surrendered pursuant to Part 264 of this chapter shall be attached to the manifest. The presentation of the departure manifest on vessels making reg

ularly scheduled voyages to and from the United States may be deferred as follows: The Forms I-94 of departing nonimmigrant aliens, together with the name of the vessel and the date and place of departure, shall be presented to the immigration officer at the port of departure within 96 hours from the time of departure, exclusive of Saturdays, Sundays, and legal holidays. On those vessels using the Form I-94 manifest, the Forms I-94 of all departing passengers, other than United States citizens and nonimmigrant aliens, shall be presented to the immigration officer at the port of departure within 30 calendar days from date of departure. On vessels using the Form I-418 manifest. the Forms I-418, appropriately noted to show prior submission of Forms I-94, shall be presented to the immigration officer at the port of departure within 30 calendar days from date of departure.. In the event a Form I-94 for a departing nonimmigrant alien is not submitted within the aforementioned 96 hour period, a completed Form I-94 for that person shall be attached to and shall be submitted with the departure manifest, accompanied by an explanation as for why timely presentation was not made; for good cause shown, such submission shall not be regarded as lack of compliance with section 231(d) of the Act.

(b) Aircraft. The captain or agent of every aircraft departing from the United States for a foreign place or an outlying possession of the United States, except one departing directly to Canada on a flight terminating in that country or one departing from the Virgin Islands of the United States directly to the British Virgin Islands on a voyage terminating in the latter islands, must present a manifest of all alien passengers on board. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) setting forth each port of disembarkation and the number of passengers (including U.S. citizens) destined thereto shall be submitted by the carrier to the immigration officer at the last port of departure in the United States. Aircraft departing on regularly scheduled flights from the United States may defer presentation for a period not in excess of 48 hours. The manifest shall be in the form of a Bureau of Customs Form 7507 or the International Civil Aviation Organization's General Declaration, a Form I-92 and a separate arrival-departure card (Form I-94) for each alien passenger, except a.

through flight passenger for whom an arrival-departure card was not prepared upon arrival. An alien nonimmigrant departing on an aircraft proceeding directly to Canada on a flight terminating in that country should surrender any Form I-94 in his possession to the airline agent at the port of departure or to the Canadian immigration officer at the port of arrival in that country.

(c) Departure Forms I-94. When used either as an attachment to a departure manifest on Form I-418 or as the basic departure manifest, the Form I-94 executed on its face to reflect the items required by § 231.1(d) for each class of arriving passengers, shall have the "departure record" information endorsed on the reverse by the carrier.

[32 F.R. 9627, July 4, 1967, and 32 F.R. 11517, Aug. 10, 1967, as amended at 34 F.R. 2602, Feb. 26, 1969]

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When a district director has reasonable grounds for believing that persons arriving in the United States should be detained for reasons specified in section 232 of the act, he shall, after consultation with the United States Public Health Service at the port of entry, notify the master or agent of the arriving vessel or aircraft of his intention to effect such detention on board the arriving vessel, another vessel of the same transportation line, at the airport of arrival, or any other suitable place of detention. Such notice on Form I-259 shall indicate the names of the persons to be detained, the place of detention, and the reasons therefor. If the master or agent desires to assume responsibility during removal and deten~ tion, he shall so request the district director, and if granted, shall execute agreement Form I-259A or blanket agreement Form I-259B to assume such responsibility. Following determina

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When an immigration officer at the port of entry has reasonable grounds for believing that it would facilitate the inspection of persons arriving in the United States, if they were temporarily removed, he shall notify the master or agent of the arriving vessel or aircraft of his intention to effect their removal for examination. Such notice on Form I-259 shall indicate the names of the persons to be removed, the place to which they shall be removed, and the reasons therefor. If the master or agent desires to assume responsibility during removal and detention, he shall so request the district director at the port of entry, and, if granted, shall execute agreement Form I-259A or blanket agreement Form I-259B to assume such responsibility. Following determination of admissibility, the district director will ascertain the assessable detention expenses and bill or reimburse the master or agent.

[Secs. 103, 233, 66 Stat. 173, 197; 8 U.S.C. 1103, 1223) [22 F.R. 9519, Nov. 28, 1957]

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medical officer of the U.S. Public Health Service, or by a civil surgeon if a medical officer of the U.S. Public Health Service is not located within a reasonable distance. The examination will be performed in accordance with the instructions and regulations contained in the "Manual for Medical Examination of Aliens."

(b) Selection of civil surgeons. When a civil surgeon is to perform the examination, he shall be selected by the district director having jurisdiction over the area of the alien's residence. The district director shall select as many civil surgeons as he determines to be necessary to serve the needs of the Service in a locality under his jurisdiction. The civil surgeon selected shall be a licensed physician with no less than 4 years' professional experience. Officers of county medical societies shall be consulted to obtain the names of competent surgeons willing to make the examinations. An understanding shall be reached with respect to the fee which the surgeon will charge for the examination. The alien shall pay the fee agreed upon directly to the surgeon making the examination.

(c) Civil surgeon reports-(1) Applicants for status of permanent resident. When an applicant for status of permanent resident is found upon examination to be free of any defect, disease or disability listed in section 212(a) of the Act, the civil surgeon will endorse Form I486A, Medical Examination and Immigration Interview, in duplicate, and forward it with X-ray and other pertinent laboratory reports to the immigration office by which the alien was referred. The immigration office may return such X-ray and laboratory reports to the alien. If the applicant is found to be afflicted with such defect, disease, or disability, the civil surgeon will complete Form FS398, in duplicate, and forward it with Form I-486A, X-ray and other pertinent laboratory reports to the immigration office by which the alien was referred. When the applicant has been found by the civil surgeon to be so afflicted, that immigration office will forward a copy of Form I-486A with X-ray and laboratory reports, and a copy of Form FS-398 to the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333, for issuance of an appropriate medical certificate, and decision on the application for status as a permanent resident shall

be deferred pending receipt of the certificate.

(2) Other applicants. The results of the examination will be entered on Form I-141, Medical Certificate, in duplicate. This form will be returned to the immigration office by which the alien was referred.

(d) U.S. Public Health Service hospital and outpatient clinic reports—(1) Applicants for status of permanent resident. When an applicant for status of permanent resident is found upon examination to be free of any defect, disease, or disability listed in section 212 (a) of the Act, the U.S. Public Health physician will endorse Form I-486A, Medical Examination and Immigration Interview, and forward it to the immigration office by which the alien was referred. In any case where the applicant is not found to be free of any defect, disease, or disability listed in section 212(a) of the Act, an appropriate Medical Certificate, Form HSM-240, or FS-398, will be issued, and the original furnished the immigration office requesting the examination. The copy of Forms I-486A, HSM-240, or FS-398 retained by the U.S. Public Health physician will be sent to the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333, where a central file of these cases will be maintained.

(2) Other applicants. The results of the examination will be entered on Form I-141, Medical Certificate, in duplicate. This form will be returned to the immigration office by which the alien was referred.

[35 F.R. 581, Jan. 16, 1970, as amended at 35 F.R. 18582, Dec. 8, 1970; 36 F.R. 8294. May 4, 1971; 36 F.R. 14630, Aug. 7, 1971; 37 F.R. 28046, Dec. 20, 1972]

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as amended; 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225, 1226, 1227, 1228, 1252. § 235.1 Scope of examination.

(a) General. Application to enter the United States shall be made in person to an immigration officer at a U.S. port of entry enumerated in Part 100 of this chapter at a time when the immigration office at the port is open for inspection.

(b) U.S. citizens. A person claiming U.S. citizenship must establish that fact to the examining immigration officer's satisfaction and must present a U.S. passport if such passport is required under the provisions of 22 CFR Part 53. If such an applicant for admission fails to satisfy the examining immigration officer that he is a U.S. citizen, he shall thereafter be inspected as an alien.

(c) Alien members of U.S. Armed Forces and members of a force of a NATO country. An alien member of the U.S. Armed Forces who is in the uniform of, or bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces is not subject to the exclusion provisions of the Act and a member of the force of a NATO country signatory to Article III of the Status of Forces Agreement seeking to enter the United States under official orders is exempt from the control provisions of the Act. An alien who is a member of either of the foregoing classes may, upon request, be inspected under the provisions of the Act by an immigration officer and if found admissible under the provisions of the Act, his entry as an alien shall be recorded. If such an alien does not appear to the examining immigration officer to be clearly and beyond a doubt entitled to enter the United States under the provisions of the Act, the alien shall be so informed and his entry shall not be recorded.

(d) Qualifications for aliens. The following general qualifications and requirements shall be met by an alien seeking to enter the United States regardless of whether he seeks to enter for permanent, indefinite, or temporary stay, and regardless of the purpose for which he seeks to enter: He shall present whatever documents are required and shall establish to the satisfaction of the immigration officer that he is not subject to exclusion under the immigration laws, Executive orders, or Presidential Procla

mations and is entitled under all of the applicable provisions of the immigration laws and this chapter to enter the United States. For the purpose of this part, any coming to a U.S. port from a foreign port, from an outlying possession of the United States, from Guam, Puerto Rico, or the Virgin Islands of the United States or from another port of the United States at which examination under this part was not completed shall be regarded as an arrival. Any person, including an alien crewman, passing through the Canal Zone on board a vessel which enters and clears at the Canal Zone port only to transit the Zone, to refuel, or to land passengers or crewmen for medical treatment, shall not be regarded as coming from a foreign port solely by reason of such passage. Any person, including an alien crewman, on board a vessel which after arrival at a U.S. port of entry passes the Great Lakes seaway en route to another U.S. port and which enters and clears at points in Canada only to transit the seaway, to refuel, or to land passengers or crewmen for medical treatment, shall not be regarded as coming from a foreign port solely by reason of such passage. Any person, including an alien crewman, on board a vessel en route from one U.S. port to another U.S. port shall not be regarded as coming from a foreign port solely by reason of the vessel's stop at Freeport, Bahamas, for bunkering only.

(e) U.S. citizens, Canadian nationals, and other residents of Canada having a common nationality with Canadians, entering the United States by small craft. Upon being inspected by an immigration officer and found eligible for admission as a citizen of the United States, or in the case of a Canadian national or other resident of Canada having a common nationality with Canadians being found eligible for admission as a temporary visitor for pleasure, a person who desires to enter the United States from Canada in a small pleasure craft of less than 5 net tons without merchandise may be issued, without application or fee, Form I-68, Canadian Border Boat Landing Card, and may thereafter enter the United States along the immediate shore area of the United States on the body of water designated on the Form I-68 from time to time for the duration of that navigation season without further inspection. In the case of a Canadian national or other resident of Canada having a common nationality

with Canadians, the Form I-68 shall be valid only for the purpose of visits of less than 24 hours and only if the alien will not proceed beyond the immediate shore area of the United States bordering on a lake or river lying between the United States and Canada. If the bearer of Form I-68 seeks to enter the United States by means other than small pleasure craft of less than 5 net tons without merchandise, or if he seeks to enter the United States for other purposes, or if he is an alien who intends to proceed inland from the immediate shore area of the United States or remain in the United States for 24 hours or more, he must apply for admission at a U.S. port of entry.

(f) Arrival-Departure Card, Form I-94-(1) Nonimmigrant applicants. A completely executed Form I-94 endorsed to show date and place of admission, period of admission, and nonimmigrant classification shall be issued to each nonimmigrant alien admitted to the United States, except a nonimmigrant alien coming within the purview of § 212.1(a) of this chapter and 22 CFR 41.129 (a) who is admitted as a visitor for business or pleasure or to proceed in direct transit through the United States; a nonimmigrant alien who has his residence in the British Virgin Islands and was admitted only to the U.S. Virgin Islands as a visitor for business or pleasure under the provision of § 212.1(b) of this chapter, and a Mexican national in possession of a valid Form I-186 who is admitted at a Mexican border port of entry as a border crosser or as a nonimmigrant visitor for a period of not more than 15 days to visit within the States of Texas, New Mexico, Arizona, or California. A Form I-94 valid for any number of entries during a specified 6-month period may be issued to a nonimmigrant alien who will have occasion to make frequent entries into the United States over the land borders.

(2) Paroled aliens. An alien paroled into the United States pursuant to the provisions of section 212(d) (5) of the Act, including an alien crewman, shall be issued a completely executed Form I-94 endorsed to show the date and place of parole, the period for, and conditions under which the alien was paroled into the United States.

(g) Mexican border visitors permit. The rightful holder of a valid Form I-186 who is admitted as a visitor for business or pleasure at a Mexican border port of entry for a period of more than 72 hours but not more than 15 days in the im

mediate border area, or to proceed outside the immediate border area but within the States of Texas, New Mexico, Arizona, or California, for not more than 15 days shall be issued Form SW-434 endorsed to show date and place of admission, period of admission, and nonimmigrant classification.

[32 F.R. 9627, July 4, 1967, as amended at 32 F.R. 11628, Aug. 10, 1967; 34 F.R. 129, Jan. 4, 1969; 35 F.R. 4325, Mar. 11, 1970; 36 F.R. 23619, Dec. 11, 1971]

§ 235.2 Examination postponed.

Whenever an alien on arrival is found or believed to be suffering from a disability which renders it impractical to proceed with the examination under the act, the examination of such alien, members of his family concerning whose admissibility it is necessary to have such alien testify, and any accompanying aliens whose protection or guardianship will be required should such alien be found inadmissible shall be deferred for such time and under such conditions as the district director in whose district the port is located imposes.

[22 F.R. 9791, Dec. 6, 1957] § 235.3 Detention.

(a) Prior to inspection. All persons arriving at a port in the United States by vessel or aircraft shall be detained aboard the vessel or at the airport of arrival by the master, commanding officer, purser, person in charge, agent, owner, or consignee of such vessel or aircraft until admitted or otherwise permitted to land by an officer of the Service. Notice or order to so detain shall not be required.

(b) Detention after inspection. If in the opinion of the examining immigration officer it is not practical to resolve a question of admissibility at the time of arrival of a passenger on a vessel or aircraft, the officer shall execute Form I-259 to notify the agent for the vessel or aircraft and the master or commanding officer, if available, that the passenger is to be presented for further inspection. The Form I-259 shall list the name of each such passenger and shall contain instructions as to the date and place the passenger is to be presented for continued inspection or further proceedings under the Act. If the place specified is a designated port of entry to which the transportation company has carried or has contracted to carry the passenger, the transportation company shall remain

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