tion and Nationality Act should examine the part or section in Chapter I of Title 8 of the Code of Federal Regulations dealing with such procedures as well as the section of the Act implemented by such part or section.

§100.6 Rule making.

Section 103(a) of the Immigration and Nationality Act requires the Attorney General to establish such regulations as he deems necessary for carrying out his authority under the provisions of that Act. The Attorney General has delegated certain rule making authority to the Commissioner of Immigration and Naturalization. The provisions of the Federal Register Act (49 Stat. 500; 44 U.S.C. 301-314), as amended, and of the regulations thereunder (1 CFR-Administrative Committee of the Federal Register) as well as the provisions of section 553 of Title 5 of the United States Code governing the issuance of regulations are observed.

Sec.

PART 101-PRESUMPTION OF LAWFUL ADMISSION

101.1 Presumption of lawful admission.

101.2 Presumption of lawful admission; entry under erroneous name or other errors. 101.3 Allen Registration Receipt Card (Form I-151).

AUTHORITY: The provisions of this Part 101 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. § 101.1 Presumption of lawful admission.

A member of the following classes shall be presumed to have been lawfully admitted for permanent residence even though a record of his admission cannot be found, except as otherwise provided in this section, unless he abandoned his lawful permanent resident status or subsequently lost that status by operation of law:

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

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

October 21, 1918, and an alien for whom a record of his actual admission to the United States does not exist 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.

(c) 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 prior to that date exists as a non-immigrant under the Immigration Act of 1924.

(d) 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 that section, and that he entered the United States prior to July 1, 1924, provided that a record of his admission exists.

(e) Chinese and Japanese aliens—(1) Prior to July 1, 1924. A Chinese alien for whom there exists a record of his admission to the United States prior to July 1, 1924, under the laws and regulations formerly applicable to Chinese and who establishes that at the time of his admission he was a merchant, teacher, or student, and his son or daughter under 21 or wife accompanying or following to join him; a traveler for curiosity or pleasure and his accompanying son or daughter under 21 or accompanying wife; a wife of a United States citizen; a returning laborer; and a person erroneously admitted as a United States citizen under section 1993 of the Revised Statutes of the United States, as amended, his father not having resided in the United States prior to his birth.

(2) On or after July 1, 1924. A Chinese alien for whom there exists a record of his admission to the United States as a member of one of the following classes; an alien who establishes that he was readmitted between July 1, 1924, and December 16, 1943, inclusive, as a returning Chinese laborer who acquired lawful permanent residence prior to July 1, 1924; a person erroneously admitted between July 1, 1924, and June 6, 1927, inclusive, as a United States citizen under section 1993 of the Revised Statutes of the United States, as amended, his father not having resided in the United States prior to his birth; an alien admitted at any time after June 30,

1924, under section 4 (b) or (d) of the Immigration Act of 1924; an alien wife of a United States citizen admitted between June 13, 1930, and December 16, 1943, inclusive, under section 4(a) of the Immigration Act of 1924; an alien admitted on or after December 17, 1943, under section 4(f) of the Immigration Act of 1924; an alien admitted on or after December 17, 1943, under section 317(c) of the Nationality Act of 1940, as amended; an alien admitted on or after December 17, 1943, as a preference or nonpreference quota immigrant pursuant to section 2 of that act; and a Chinese or Japanese alien admitted to the United States between July 1, 1924, and December 23, 1952, both dates inclusive, as the wife or minor son or daughter of a treaty merchant admitted before July 1, 1924, if the husband-father was lawfully admitted to the United States as a treaty merchant before July 1, 1924, or, while maintaining another status under which he was admitted before that date, and his status changed to that of a treaty merchant or treaty trader after that date, and was maintaining the changed status at the time his wife or minor son or daughter entered the United States.

(f) Citizens of the Philippine Islands—

(1) Entry prior to 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 his entry a citizen of the Philippine Islands, provided that for the purpose of petitioning for naturalization he shall not be regarded as having been lawfully admitted for permanent residence unless he was a citizen of the Commonwealth of the Philippines on July 2, 1946.

(2) Entry between May 1, 1934, and July 3, 1946. An alien who establishes that he entered Hawaii between May 1, 1934, and July 3, 1946, inclusive, under the provisions of the last sentence of section 8(a)(1) of the Act of March 24, 1934, as amended, that he was a citizen of the Philippine Islands when he entered, and that a record of such entry exists.

(g) Temporarily admitted aliens. The following aliens who when admitted expressed an intention to remain in the United States temporarily or to pass in transit through the United States, for whom records of admission exist, but who remained in the United States: An alien admitted prior to June 3, 1921, except if admitted temporarily under the 9th proviso to section 3 of the Immigration Act of 1917, or as an accredited official of a foreign government, his suite, family, or guest, or as a

seaman in pursuit of his calling; an alien admitted under the Act of May 19, 1921, as amended, who was admissible for permanent residence under that Act notwithstanding the quota limitation's thereof and his accompanying wife or unmarried son or daughter under 21 who was admissible for permanent residence under that Act notwithstanding the quota limitations thereof; and an alien admitted under the Act of May 19, 1921, as amended, who was charged under that Act to the proper quota at the time of his admission or subsequently and who remained so charged.

(h) Citizens of the Trust Territory of the Pacific Islands who entered Guam prior to December 24, 1952. An alien who establishes that while a citizen of the Trust Territory of the Pacific Islands he entered Guam prior to December 24, 1952, by records, such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service, records of the Navy or Air Force, or records of contractors of those agencies, and was residing in Guam on December 24, 1952.

(i) Aliens admitted to Guam. An alien who establishes that he was admitted to Guam prior to December 24, 1952, by records such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service, records of the Navy or Air Force, or records of contractors of those agencies; that he was not excludable under the Act of February 5, 1917, as amended; and that he continued to reside in Guam until December 24, 1952, and thereafter was not admitted or readmitted into Guam as a nonimmigrant, provided that the provisions of this paragraph shall not apply to an alien who was exempted from the contract laborer provisions of section 3 of the Immigration Act of February 5, 1917, as amended, through the exercise, expressly or impliedly, of the 4th or 9th provisos to section 3 of that act.

(j) Erroneous admission as United States citizens or as children of citizens. (1) (i) An alien for whom there exists a record of admission prior to September 11, 1957, as a United States citizen who establishes that at the time of such admission he was the child of a United States citizen parent; he was erroneously issued a United States passport or included in the United States passport of his citizen parent accompanying him or to whom he was destined; no fraud or misrepresentation was practiced by him in the issuance of the passport or in gaining admission; he was otherwise admissible at the time of entry except for

failure to meet visa or passport requirements; and he has maintained a residence in the United States since the date of admission, or (ii) an alien who meets all of the foregoing requirements except that if he were, in fact, a citizen of the United States a passport would not have been required, or it had been individually waived, and was erroneously admitted as a United States citizen by a Service officer. For the purposes of all of the foregoing, the terms "child" and "parent" shall be defined as in section 101(b) of the Immigration and Nationality Act, as amended.

(2) An alien admitted to the United States before July 1, 1948, in possession of a section 4(a) 1924 Act nonquota immigration visa issued in accordance with State Department regulations, including a child of a United States citizen after he reached the age of 21, in the absence of fraud or misrepresentation; a member of a naturalized person's family who was admitted to the United States as a United States citizen or as a section 4(a) 1924 Act nonquota immigrant on the basis of that naturalization, unless he knowlingly participated in the unlawful naturalization of the parent or spouse rendered void by cancellation, or knew at any time prior to his admission to the United States of the cancellation; and a member of a naturalized person's family who knew at any time prior to his admission to the United States of the cancellation of the naturalization of his parent or spouse but was admitted to the United States as a United States citizen pursuant to a State Department or Service determination based upon a then prevailing administrative view, provided the State Department or Service knew of the cancellation. [23 F.R. 9119, Nov. 26, 1958, as amended at 24 F.R. 2583, Apr. 3, 1959; 24 F.R. 6476, Aug. 12, 1959; 25 F.R. 581, Jan. 23, 1960; 31 F.R. 535, Jan. 15, 1966]

§101.2 Presumption of lawful admission; entry under erroneous name or other

errors.

An alien who entered the United States as either an immigrant or nonimmigrant under any of the following circumstances shall be regarded as having been lawfully admitted in such status, except as otherwise provided in this part: An alien otherwise admissible who entry was made and recorded under other than his full true and correct name or whose entry record contains errors in recording sex, names of relatives, or names of foreign places of birth or residence, provided that he establishes by clear, unequivocal, and convincing evidence

that the record of the claimed admission relates to him, and, if entry occurred on or after May 22, 1918, if under other than his full, true and correct name that he also establishes that the name was not adopted for the purpose of concealing his identity when obtaining a passport or visa, or for the purpose of using the passport or visa of another person or otherwise evading any provision of the immigration laws, and that the name used at the time of entry was one by which he had been known for a sufficient length of time prior to making application for a passport or visa to have permitted the issuing authority or authorities to have made any necessary investigation concerning him or that his true identity was known to such officials.

[32 F.R. 9622, July 4, 1967]

Sec.

103.26 Fees for copies of records.

103.27 Appeals from denials of access. 103.28 Requests for correction of records. 103.29 Records not subject to correction.

103.30 Accounting for disclosures.

103.31 Notices of subpoenas and emergency disclo

sures.

103.32 Information forms.

103.33 Contracting record systems.

103.34 Security of records systems.

103.35 Use and collection of Social Security numbers.

103.36 Employee standards of conduct with regard

to privacy.

AUTHORITY: The provisions of this Part 103 issued under sec. 501, 65 Stat. 290, sec. 103.66 Stat. 173; 31 U.S.C. 483a, 8 U.S.C. 1103. Interpret or apply secs. 281, 382, 343, 344, 405, 66 Stat. 230, 252, 263, 264, 280; 8 U.S.C. 1351, 1443, 1454, 1455, 1101 and note; 7 U.S.C. 2243.

SOURCE: $8103.20-103.36 appear at 40 F.R. 44481, Sept. 26, 1975, unless otherwise noted. §103.1 Delegations of authority.

Without divesting the Commissioner of any of the powers, privileges, and duties delegated to him by the Attorney General under the immigration and naturalization laws of the United States, coextensive authority is hereby delegated to the Deputy Commissioner. The authority for program development, coordination, evaluation, counseling and staff direction stated below is hereby delegated to the following-described officers of the Service.

(a) Associate Commissioner, Examinations. The Adjudications, Inspections, and Citizenship and Naturalization programs and general direction of the Assistant Commissioners for Adjudications, Inspections, and Naturalization.

(1) Assistant Commissioner for Adjudications. The Adjudicative programs.

(2) Assistant Commissioner for Inspections. The Inspections programs.

(3) Assistant Commissioner for Naturalization. The Citizenship and Naturalization programs.

(b) Associate Commissioner, Enforcement. The Border Patrol, Investigations, and Detention and Deportation programs and general direction of the Assistant Commissioners for Border Patrol, Investigations, and Detention and Deportation.

(1) Assistant Commissioner for Border Patrol. The Border Patrol programs.

(2) Assistant Commissioner for Investigations. The Investigation programs.

(3) Assistant Commissioner for Detention and Deportation. The Detention and Deportation programs.

(c) Associate Commissioner, Management. The Administrative, Records and Information, and Personnel programs and general direction of the Assistant Commissioners for Adminis- || tration, Information Services, and Personnel.

(1) Assistant Commissioner for Administration. The fiscal, procurement, communication, and engineering activities.

(2) Assistant Commissioner for Information Services. The Recoprds Administration and Information, Statistics, and Automated Data Processing programs.

(3) Assistant Commissioner for Personnel. The Personnel programs.

(d) Associate Deputy Commissioner for Planning and Evaluation. Principal staff adviser to the Commissioner and Deputy Commissioner on all program issues and evaluation of Service program activities.

(e) General Counsel. Advise, on legal matters, to the Commissioner and his staff, the Attorney General, Solicitor General and other officers of the Department of Justice, also of ficers of other Departments of the Government. Prepares legislative reports, as necessary assists in litigation, including preparation of briefs. Directs the activities of the Regional Counsels and the Appellate Trial Attorneys and, acting through a Chief Trial Attorney, has responsibility for planning, coordinating, evaluating and, counseling relating to the Trial Attorney program. The General Counsel is authorized to approve production or disclosure in response to subpoenas or demands of courts or other authorities, as proviced in 28 CFR 16.23(b) (2) (iii).

(f) Chief Special Inquiry Officer. The general supervision, direction and scheduling of Special Inquiry Officers in the conducting of the various proceedings assigned to them.

(g) Executive Assistant. The activities of the Office of the Commissioner and serves as principal staff assistant to the Commissioner.

(h) Executive Assistant Deputy Commissioner. The activities of the Office of the Deputy Commissioner and serves as principal staff assistant to the Deputy Commissioner.

(i) Public Information Officer. The Public Information program activities.

(j) Director of Field Inspections. The Central Office programs for inspection of Field Office Operational and Administrative program activities.

(k) Director of Intelligence. The Intelligence program.

(1) Director Internal Investigations. The Internal Investigation programs.

(m) Regional Commissioners. The activities of the Service within their respective regional areas, including authority to settle tort claims of $2,500 or less pursuant to section 2672 of Title 28, United States Code, and authority pursuant to sections 951 and 952 of Title 31, United States Code, to compromise or to suspend or terminate collection efforts of, claims of the United States which do not exceed $20,000, exclusive of interest, as well as the following appellate jurisdiction specified in this chapter.

(1) Decisions on breaching of bonds as provided in §103.6(e);

(2) Decisions on third- and sixth-preference petitions, as provided in $204.1(c), except when the denial of the petition is based upon the lack of a certification by the Secretary of Labor pursuant to section 212(a)(14) of the Act;

(3) [Reserved].

(4) Decisions on orphan petitions, as provided in §204.1(b);

(5) [Reserved].

(6) Decisions revoking approval of certain petitions, as provided in §205.3;

(7) Decisions on applications for permission to reapply for admission to the United States after deportation or removal, as provided in §212.2;

(8) Decisions on applications for waiver of certain grounds of excludability, as provided in §212.7(a);

(9) Decisions on applications for waiver of the two-year foreign residence requirement, as provided in §212.7(c);

(10) Decisions on petitions for approval of schools, as provided in §214.3;

(10a) Decisions by Special Inquiry Officers in proceedings to withdraw the approval of petitions by schools, as provided in §214.4(j);

(11) Decisions on petitions for temporary workers or trainees and fiancees and fiances of citizens of the United States, as provided in §214.2;

(12) Decisions on applications for issuance of reentry permits; as provided in §223.1; *(12a) Decisions on applications for refugees travel documents, as provided in §223a.4;

(13) Decisions on applications for benefits of section 13 of the Act of September 11, 1957, as provided in §245.3;

(14) Decisions on adjustment of status of certain resident aliens to nonimmigrants, as provided in §247.12(b);

(15) Decisions on applications for change of nonimmigrant status, as provided in §248.3(d);

(16) Decisions on applications to preserve residence for naturalization purposes, as provided in §316a.21(c);

(17) Decisions on applications for certificates of citizenship, as provided in §341.6;

(18) Decisions on administrative cancellation of certificates, documents, or records, as provided in §342.8;

(19) Decisions on applications for certificates of naturalization or repatriation, as provided in §343.1;

(20) Decisions on applications for new naturalization or citizenship papers, as provided in §343a.1(c); and

(21) Decisions on applications for special certificates of naturalization, as provided in §343b.11(b).

(m-1) Regional Counsels. In addition to other legal activities performed under the executive direction of the General Counsel, authority within their respective regional areas, concurrent with that of the General Counsel, to approve production or disclosure in response to subpoenas or demands of courts or other authorities, as provided in 28 CFR 16.23 (b) (2) (iii).

(n) District Directors. Under the executive direction of a regional commissioner (except district directors outside the United States who operate under the general supervision of the Commissioner and direction of the Deputy Commissioner), the grant or denial of any application or petition submitted to the Service, the initiation of any authorized proceeding in their respective districts, and the exercise of the authorities under §§242.1(a), 242.2(a), and 242.7 of this chapter without regard to geographical limitations. District directors outside the United States have all appellate jurisdiction specified in this chapter not reserved to the Board of Immigration Appeals for matters arising in their respective districts. District directors, acting district directors and deputy district directors are authorized to conduct the proceeding provided for in §252.5 of this chapter.

(0) Officers in Charge. The supervision of Inspection at ports of entry and the authorization of extensions of nonimmigrant admission periods and of voluntary departure prior to the commencement of deportation hearings. Officers in charge in Districts 33, 35, and 37 have the same powers with respect to petitions and applications submitted by citizens or aliens residing in their respective areas as are conferred on district directors in the United States. The officers in charge in the places