set of Forms I-94 to be prepared evidencing the nonimmigrant classification to which the alien has been adjusted and no appeal shall lie from such decision. Form I-94A shall be delivered to the alien and shall constitute notice to him of such adjustment. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status granted and shall be subject to such other terms and conditions, including the exaction of bond as the district director may deem appropriate.

(b) Answer filed; personal appearance. Upon receipt of an answer asserting a defense to the allegations made in the notice without requesting a personal appearance, or if a personal appearance is requested or directed, the case shall be assigned to an immigration officer. Pertinent evidence, including testimony of witnesses, shall be incorporated in the record. The immigration officer shall prepare a report summarizing the evidence and containing his findings and recommendation. The record, including the report and recommendation of the immigration officer, shall be forwarded to the district director who caused the notice to be served. The district director shall note on the report of the immigration officer whether he approves or disapproves the recommendation of the immigration officer. If the decision of the district director is that the matter be terminated, the alien shall be informed of such decision. If the decision of the district director is that the status of the alien should be adjusted to that of a nonimmigrant, his decision shall provide that unless the alien, within 10 days of receipt of notification of such decision, requests permission to retain his status as an immigrant and files with the district director Form I-508 and, if applicable, Form I-508F, the alien's immigrant status be adjusted to that of a nonimmigrant. The alien shall be informed of such decision and of the reasons therefor, and of his right to appeal in accordance with the provisions of Part 103 of this chapter. If the alien does not request that he be permitted to retain status and file the Form I-508 and, if applicable, Form I-508F within the period provided therefor, the district director, without further notice to the alien, shall cause a set of Forms I-94 to be prepared evidencing the nonimmigrant classifica

tion to which the alien has been adjusted. Form I-94A shall be delivered to the alien. The alien's nonimmigrant status shall be for such time, under such conditions, and subject to such regulations as are applicable to the particular nonimmigrant status created and shall be subject to such other terms and conditions, including the exaction of bond, as the district director may deem appropriate.

[22 FR. 9801, Dec. 6, 1957, as amended at 23 F.R. 9124, Nov. 26, 1958; 35 F.R. 13829, Sept. 1, 1970]

§ 247.13 Disposition of Form I-508.

If Form I-508 is executed and filed, the duplicate copy thereof (noted to show the election made on Form I-508F, if applicable) shall be filed in the office of the Assistant Commissioner, Admininistrative Division, and may be made available for inspection by any interested officer or agency of the United States. [35 F.R. 13829, Sept. 1, 1970]

§ 247.14 Surrender of documents.

An alien whose status as a permanent resident has been adjusted to that of a nonimmigrant in accordance with section 247 of the act and this part, shall, upon demand, promptly surrender to the district director having administrative jurisdiction over the office in which the action under this part was taken any documents (such as Form I-151 or any other form of allen-registration receipt card, immigrant identification card, resident alien's border-crossing identification card (Form I-187), certificate of registry, or certificate of lawful entry) in his possession evidencing his former permanent resident status.

248.4 Change of nonimmigrant classification to that under section 101 (a) (15) (H) or 101(a) (15) (L) of the Immigration and Nationality Act.

AUTHORITY: The provisions of this Part 248 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 247, 248, 66 Stat. 167, as amended, 218, as amended; 8 U.S.C. 1101, 1257, 1258.

SOURCE: The provisions of this Part 248 appear at 36 FR 9001, May 18, 1971, unless otherwise noted.

248.1 Eligibility.

(a) General. Except for those classes enumerated in § 248.2, any alien lawfully admitted to the United States as a nonimmigrant, including an alien who acquired such status pursuant to section 247 of the Act, who is continuing to maintain his nonimmigrant status, may apply to have his nonimmigrant classification changed to any nonimmigrant classification other than that of a fiancee or fiance under section 101(a) (15) (K) of the Act.

(b) Maintenance of status. In determining whether an applicant has continued to maintain his nonimmigrant status, the district director shall consider whether the alien has remained in the United States for a longer period than that authorized by the Service, and shall consider any conduct by the applicant relating to his maintenance of the status from which the applicant is seeking a change. An applicant may not be considered as having maintained his nonimmigrant status within the meaning of this section if he failed to submit his application for change of nonimmigrant classification before his authorized temporary stay in the United States had expired, unless the district director in his discretion is satisfied that the failure to file a timely application was excusable, that the alien has not otherwise violated his nonimmigrant status and is a bona fide nonimmigrant, and the alien is not the subject of deportation proceedings under Part 242 of this chapter. A nonimmigrant applying for a change to classification as a student under section 101 (a) (15) (F) of the Act shall not be considered ineligible for such change solely because he may have started attendance at school before his application was submitted. An alien shall be considered prima facie ineligible for change of nonimmigration classification as one who is no longer maintaining his nonimmigrant status, upon the introduction in Congress of a private bill seeking to confer upon him the status of a lawful permanent resident of the United States. § 248.2 Ineligible classes.

An alien admitted in immediate and continuous transit through the United States without a visa pursuant to section 238(d) of the Act, or an alien classified as a nonimmigrant under section 101(a) (15) (D) or (K) of the Act is not eligible for any change of nonimmigrant classification under section 248 of the

Act. An alien classified as a nonimmigrant under section 101(a) (15) (C) of the Act is not eligible for any change of nonimmigrant classification other than a change to classification under section 101(a) (15) (A) or (G) of the Act. An alien classified as a nonimmigrant under section 101(a) (15) (J) of the Act is not eligible for any change of nonimmigrant classification other than a change to classification under section 101(a) (15) (A) or (G) of the Act, or, if he is not subject to the foreign residence requirement of section 212(e) of the Act or has been granted a waiver thereof, a change to classification under section 101 (a) (15) (H) or (L) of the Act, if otherwise qualified.

[36 F.R. 9001, May 18, 1971, as amended at 36 F.R. 23619, Dec. 11, 1971]

§ 248.3 Application.

(a) General. Application for change of nonimmigrant classification shall be made on Form I-506. The application shall be accompanied by documentary evidence establishing that the applicant is eligible for the change of classification being requested and shall be filed with the district director having jurisdiction over the applicant's place of temporary sojourn in the United States.

(b) Application and fee not required. When an alien whose status has been changed to a classification under section 101 (a) (15) (A) or (G) of the Act has in the United States an "immediate family" member as defined in 22 CFR 41.1, the status of the "immediate family” member may be changed to the classification of the principal alien without an application or fee. When an alien whose status has been changed to a classification under section 101(a)(15) (E), (F), (H), (I), (J), or (L) of the Act has a nonimmigrant spouse or nonimmigrant child in the United States, the status of the spouse or child may be changed to the appropriate nonimmigrant classification without an application or fee. Neither an application nor fee is required of an alien who seeks reclassification from that of a visitor for pleasure under section 101 (a) (15) (B) of the Act to that of a visitor for business under the same section; from classification as a student under section 101 (a) (15) (F)(i) of the Act to classification as an accompanying spouse or minor child under section 101(a) (15) (F)(ii) of the Act or vice versa; from any classification within section 101 (a) (15) (H) of the Act to any other classification within section 101(a)

(15) (H) provided requisite Form I-129B visa petition has been filed and approved; from classification as a participant under section 101(a) (15) (J) of the Act to classification as an accompanying spouse or minor child under that section, or vice versa; or from classification as an intracompany transferee under section 101 (a) (15) (L) of the Act to classification as an accompanying spouse or minor child under that section, or vice versa. No fee shall be required in connection with any request for change to classification under section 101(a) (15) (A) or 101 (a) (15) (G) of the Act. No fee shall be required when a change to exchange alien status under section 101(a) (15) (J) of the Act is requested by an agency of the U.S. Government; Form DSP-66, Certificate of Eligibility for ExchangeVisitor Status, submitted by such agency together with its request will be accepted in lieu of Form I-506. An alien classified as a visitor for business under section 101(a) (15) (B) of the Act need not request a change of classification to remain in the United States temporarily as a visitor for pleasure. An alien classified under section 101(a) (15) (A) or (G) of the Act as a member of the immediate family of a principal alien who is classified under the same section, or an alien classified under section 101(a) (15) (E), (F), (H), (I), (J), or (L) of the Act as the spouse or child who accompanied or followed to join a principal alien who is classified under the same section, need not request a change of classification to attend school in the United States, as long as such immediate family member or spouse or child continues to be qualified for and maintains the status under which he is classified.

(c) Approval of application. If the application is granted, the applicant shall be notified of the decision and granted a new period of time to remain in the United States without the requirement of filing a separate application and paying a separate fee for an extension of stay. The applicant's nonimmigrant status under his new classification shall be subject to the terms and conditions applicable generally to such classification and to such other additional terms and conditions, including exaction of bond, which the district director deems appropriate to the case.

(d) Denial of application. When the application is denied, the applicant shall be notified of the decision and of the reasons therefor and of his right to appeal

in accordance with the provisions of Part 103 of this chapter.

[36 FR. 9001, May 18, 1971, as amended at 87 F.R. 14289, June 19, 1972]

§ 248.4 Change of nonimmigrant classification to that under section 101(a) (15) (H) or 101(a)(15) (L) of the Immigration and Nationality Act. Notwithstanding any other provisions of this Part, a request for a change of an alien's nonimmigrant classification to that described in section 101(a) (15 (H) or (L) of the Act shall be accompanied by a petition on Form I-129B made by the alien's prospective employer or trainer.

§ 249.1

Waiver of inadmissibility.

In conjunction with an application under section 249 of the Act, an otherwise eligible alien who is inadmissible under paragraph (9), (10), or (12) of section 212(a) of the Act may request a waiver of such ground of inadmissibility pursuant to the provisions of section 212 (h) of the Act and apply for the benefits of section 212(a) (28) (I) (ii) of the Act. [32 F.R. 9632, July 4, 1967]

§ 249.2 Application.

An application by an allen after he has been served with an order to show cause or warrant of arrest shall be made and considered only in proceedings under Part 242 of this chapter. In any other case, an alien who believes that he meets the eligibility requirements of section 249 of the Act shall apply to the district director having jurisdiction over his place of residence. The application shall be made on Form I-485, and shall be accompanied by executed Form G-325A, which shall be considered part of the application. The application shall also be accompanied by documentary evidence establishing continuous residence in the United States prior to June 30, 1948, or since entry and prior to July 1, 1924. Original documents shall be presented but may later be returned provided

copies are furnished with the originals. Documentary evidence may include any records of official or personal transactions or recordings of events occurring during the period of claimed residence. Affidavits of credible witnesses may also be accepted. Women unemployed since marriage and unable to furnish evidence in their own names may furnish evidence in the names of parents or other persons with whom they have been living if affidavits of the parents or other persons are submitted attesting to the residence. The applicant shall be notified of the decision and if the application is denied of the reasons therefor. If the application is granted, a Form I-151, showing that the applicant has acquired the status of an alien lawfully admitted for permanent residence, shall not be issued until the applicant surrenders any other document in his possession evidencing compliance with the alien-registration requirements of former or existing law. No appeal shall lie from the denial of an application by the district director but such denial shall be without prejudice to the alien's right to renew an application in proceedings under Part 242 of this chapter.

[29 F.R. 12114. Aug. 11, 1964, as amended at 31 F.R. 15235, Dec. 6, 1966]

§ 249.3 Reopening and reconsideration. An applicant who alleged entry and residence since prior to July 1, 1924, but in whose case a record was created as of the date of approval of the application because evidence of continuous residence prior to July 1, 1924, was not submitted, may have his case reopened and reconsidered pursuant to § 103.5 of this chapter. Upon the submission of satisfactory evidence, a record of admission as of the date of alleged entry may be created.

{29 F.R. 11494, Aug. 11, 1964]

§ 250.1 Application.

Application for removal shall be made on Form I-243. No appeal shall lie from the decision of the district director. § 250.2 Removal authorization.

If the district director grants the application he shall issue an authorization for the alien's removal on Form I-202. Upon issuance of the authorization, or as soon thereafter as practicable, the alien may be removed from the United States at government expense.

PART 251-ARRIVAL MANIFESTS AND LISTS: SUPPORTING DOCUMENTS

Sec. 251.1

251.2 251.8

Arrival manifests and lists.

Notification of illegal landings. Departure manifests and lists for vessels.

251.4 Departure manifests and lists for aircraft.

251.5 Exemptions for private vessels and aircraft.

AUTHORITY: The provisions of this Part 251 issued under secs. 103, 212, 231, 251, 252, 66 Stat. 173, 182, as amended, 195, 219, 220; 8 U.S.C. 1103, 1182, 1221, 1281, 1282.

SOURCE: The provisions of this Part 251 appear at 30 F.R. 6777, May 19, 1965, unless otherwise noted.

§ 251.1

Arrival manifests and lists.

(a) Vessels. The master or agent of every vessel arriving in the United States from a foreign place or from an outlying possession of the United States shall present to the immigration officer at the port of first arrival a manifest of all crewmen on board on Form I-418 in accordance with the instructions contained thereon. A manifest shall not be required for crewmen aboard a vessel of United States, Canadian, or British registry engaged solely in traffic on the Great Lakes, or the St. Lawrence River, and connecting waterways herewith designated as a Great Lakes vessel, except crewmen of other than United States, Canadian, or British citizenship and, after submission of a manifest on the first voyage of a calendar year, a manifest shall not be required on subsequent arrivals unless there is employed on the vessel at the time of such arrival an alien crewman of other than United States, British, or Canadian citizenship who was not aboard and listed on the occasion of the submission of the last prior manifest.

(b) Aircraft. The captain or agent of every aircraft arriving in the United

States from a foreign place or from an outlying possession of the United States, except an aircraft arriving in the United States directly from Canada on a flight originating in that country, shall present to the immigration officer at the port of first arrival a manifest on the Bureau of Customs Form 7507 or on the International Civil Aviation Organization's General Declaration of all the alien crewmen on board, including alien crewinen who are returning to the United States after taking an aircraft of the same line from the United States to a foreign place or alien crewmen who are entering the United States as passengers solely for the purpose of taking an aircraft of the same line from the United States to a foreign port. The surname, given name, and middle initial of each such alien crewman listed shall be shown. In addition, the captain or agent of the aircraft shall indicate in writing immediately below the name of the last alien listed on such form or declaration, the number of U.S. citizen crewmen on board. if any. If there are no alien crewinen aboard, the captain or agent shall indicate in writing on the form or declaration the number of U.S. citizen crewmen, followed by a statement that there are no alien crewmen.

(c) Additional documents. The master, captain, or agent shall prepare as a part of the manifest, when one is required for presentation to an immigration officer, a completely executed set of Forms 1-95 for each alien crewman on board, except (1) an alien immigrant crewman in possession of a valid immigrant visa, reentry permit, or alien registration receipt card on Form I-151; (2) a Canadian or British citizen crewman serving on a vessel plying solely between Canada and the United States; or (3) a crewman seeking conditional landing privileges under section 252(a) (1) of the Act who is in possession of an unmutilated alien crewman landing permit and identification card (Form I-184) or an unmutilated conditional landing permit (Form I-95) with space for additional endorsements previously issued to him as a member of the crew of the same vessel or an aircraft of the same line on his last prior arrival in the United States, following which he departed from the United States as a member of the crew of the same vessel or an aircraft of the same line.

(d) Notations on arrival manifests. Upon completion of the examination of each crewman listed on the Form I-418 presented by the master or agent of an arriving vessel, the examining immigration officer shall place one of the following symbols in column (5) of the Form I-418 opposite the name of the crewman: 'USC' for a crewman admitted as a United States citizen; 'RP' or 'ARC' to indicate respectively the presentation of a reentry permit or an alien registration receipt card, Form I-151, for a crewman admitted as a lawful permanent resident; 'D-1' for an alien crewman granted a conditional landing permit under section 252(a)(1) of the Act; 'D-2' for an alien crewman granted a conditional landing permit under section 252 (a) (2) of the Act; 'Parolee' for an alien crewman paroled pursuant to section 212(d) (5) of the Act; and 'Refused' for an alien crewman whose request for a landing permit has been refused. The examining immigration officer shall sign his name, title and the date of the inspection following the last entry in column (5) of the Form I-418 when the examination of the crew is completed. The master of the vessel shall be furnished Form I-410 as a receipt for the arrival manifest, Form I-418, and the immigration officer shall list on that form the names of all crewmen who have been refused conditional landing permits.

[30 FR 6777, May 19, 1965, as amended at 32 F.R. 9632, July 4, 1967; 34 F.R. 12560, Aug. 1, 1969; 34 FR. 19799, Dec. 18, 1969] § 251.2 Notification of illegal landings.

As soon as discovered, the master or agent of any vessel from which an alien crewman has illegally landed or deserted in the United States shall inform the immigration officer in charge of the port where the illegal landing or desertion occurred, in writing, of the name, nationality, passport number and, if known, the personal description, circumstances and time of such illegal landing or desertion of such alien crewman, and furnish any other information and documents which might aid in his apprehension, including any passport surrendered pursuant to § 252.1(d) of this chapter. Failure to file notice of illegal landing or desertion and to furnish any surrendered passport within 24 hours of the time of such landing or desertion becomes known shall be regarded as lack of compliance with section 251(d) of the Act. [28 FR 209, Jan. 9, 1963]