101(a)(15)(J) of the Act is requested by an agency of the U.S. Government; Form DSP66, Certificate of Eligibility for Exchange-Visitor Status, submitted by such agency together with its request will be accepted in lieu of Form 1-506. 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, 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. or (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 F.R. 9001, May 18, 1971, as amended at 37 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 I129B made by the alien's prospective employer or trainer. PART 249-CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE Sec. 249.1 Waiver of inadmissibility. 249.2 Application. 249.3 Reopening and reconsideration. AUTHORITY: The provisions of this Part 249 issued under secs. 103, 212, 249, 66 Stat. 173, 182, as amended, 219, as amended; 8 U.S.C. 1103, 1182, 1259. $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 alien 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 c. npliance 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] Sec. 251.1 Arrival manifests and lists. 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 I418 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 crewmen 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 crewmen 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 101(a)(15)(J) of the Act is requested by an agency of the U.S. Government; Form DSP66, Certificate of Eligibility for Exchange-Visitor Status, submitted by such agency together with its request will be accepted in lieu of Form 1-506. 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, 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. or (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 F.R. 9001, May 18, 1971, as amended at 37 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 I129B made by the alien's prospective employer or trainer. PART 249-CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE Sec. 249.1 Waiver of inadmissibility. 249.2 Application. 249.3 Reopening and reconsideration. AUTHORITY: The provisions of this Part 249 issued under secs. 103, 212, 249, 66 Stat. 173, 182, as amended, 219, as amended; 8 U.S.C. 1103, 1182, 1259. $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 alien 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 1-151, 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 c. npliance 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] 251.1 Arrival manifests and lists. 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 I418 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 crewmen 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 crewmen 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 crewmen 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 I-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 I95) 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 F.R. 6777, May 19, 1965, as amended at 32 F.R. 9632, July 4, 1967; 34 F.R. 12560, Aug. 1, 1969; 34 F.R. 19799, Dec. 18, 1969] 8251.2 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 F.R. 209, Jan. 9, 1963] §251.3 Departure manifests and lists for vessels. (a) Form I-418, Crew List. The master or agent of every vessel departing from the United States shall submit to the immigration officer at the port from which such vessel is to depart directly to some foreign place or outlying possession of the United States, except when a manifest is not required pursuant to §251.1(a), a single Form I-418, Crew List, completed in accordance with the instructions contained herein. Every item in the heading of the Form I-418 must be completed and the following endorsement shall be placed on the first line of the form: "Arrival Crew List, Form I-418, filed at (show United States port of entry)." Submission of a Form I-418 which lacks that endorsement or which lacks other essential information shall be regarded as lack of compliance with section 251(c) of the Act. |