immigration officer authorized to issue orders to show cause or to grant voluntary departure under Part 242 of this chapter. Form I-186 may be declared void by a consular officer in Mexico. The border crossing card to be voided shall be surrendered immediately and destroyed. The alien to whom the form was issued shall be notified of the action taken and the reasons therefor by means of Form I-180 delivered in person or, if such action is not possible, by mailing the Form I-180 to the address shown on the nonresident alien border crossing card. Violations of the immigration laws or subsequent developments indicating inadmissibility shall be grounds, though not exclusive, for voidance of the forms. An appeal shall not lie from a decision voiding a nonresident alien border crossing card but such viodance shall be without prejudice to a subsequent application for a visa or for admission to the United States.

(e) Replacement. If a nonresident alien border crossing card has been lost, mutilated, or destroyed, the person to whom such card was issued may apply for a new card in accordance with the provisions of this section. The holder of a Form I-185 or 1-186 which is in poor condition because of improper lamination may be issued a new one without submitting a fee or application upon surrender of the original card.

(f) Previous removal or deportation; waiver of inadmissability. Pursuant to the authority contained in section 212 (d)(3) of the Act, the temporary admission of an alien who is inadmissible under paragraph (16) or (17) of section 212(a) of the Act is authorized if such alien is in possession of a Mexican Nonresident Alien Border Crossing Card and he establishes that he is otherwise admissible as a nonimmigrant visitor or student except for his removal or deportation prior to November 1, 1956, because of entry without inspection or lack of required documents.

[30 F.R. 10184, Aug. 17, 1965, as amended at 34 F.R. 129, Jan. 4, 1969; 35 F.R. 3065, Feb. 17, 1970; 37 F.R. 7584, Apr. 18, 1972; 37 F.R. 8061, Apr. 25, 1972; 37 F.R. 14288, June 19, 1972]

§212.7 Waiver of certain grounds of

excludability.

(a) Section 212 (h) or (i). An applicant for an immigrant visa who is excludable and seeks a waiver under section 212 (h) or (i) of the Act shall file an application on Form I-601 at the consular office considering the application for a visa. Upon a determination by the consu

lar office that the alien is admissible except for the grounds for which a waiver is sought, the Form I-601 is transmitted to the Service for decision. The applicant shall be notified of the decision and if the application is denied of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. An applicant may withdraw his application at any time prior to final decision, whereupon the case will be closed and the consulate notified. If he fails to prosecute his application within a reasonable time either before or after interview he shall be notified that if he fails to prosecute his application within 30 days his case will be closed subject to being reopened at his request. If no action has been taken within the 30-day period immediately thereafter, the case will be closed and the appropriate consul notified.

(b) Section 212(g) (tuberculosis and certain mental conditions). An alien who is an applicant for an immigrant visa and who, pursuant to section 212(g) of the Act, is seeking a waiver of his excludability under section 212(a) (1), (3), or (6) of the Act shall file (or if the alien is incompetent to do so, the family member specified in section 212(g) shall file) an application on Form 1-601 at the consular office considering the application for a visa. An alien who is applying at a port of entry for admission to the United States, or who is outside the United States and is applying for conditional entry pursuant to section 203(a)(7) of the Act, or who is within the United States and is under any proceeding before the Service in which a waiver pursuant to section 212(g) is required before it may be determined that he is not excludable under section 212(a) (1), (3), or (6) of the Act, may file an application with the Service office having jurisdiction over the port of entry or place where he is located.

(1) Section 212(a)(6) (tuberculosis). If the alien is excludable under section 212(a)(6) of the Act because of tuberculosis, he shall execute statement A on the reverse of page 1 of Form I-601. In addition, he or his sponsor in the United States is responsible for having Statement B executed by the physician or health facility which has agreed to supply treatment or observation; and, if required, Statement C shall be executed by the appropriate local or State health officer.

(2) Section 212(a) (1) or (3) (certain mental conditions)—(i) Arrangements for submission of medical report. If the alien is excludable under section 212(a) (1) or (3) (because of

mental retardation or because of a past history of mental illness) he or his sponsoring family member shall submit an executed Form I-601 to the consular or Service office with a statement that arrangements have been made for the submission to that office of a medical report. The medical report shall contain a complete medical history of the alien, including details of any hospitalization or institutional care or treatment for any physical or mental condition; findings as to the current physical condition of the alien, including reports of chest X-ray examination and of serologic test for syphilis if the alien is 15 years of age or over, and other pertinent diagnostic tests; and findings as to the current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in case of mental retardation, also provide an evaluation of the alien's intelligence. For an alien with a past history of mental illness, the medical report shall also contain available information on which the U.S. Public Health Service can base a finding as to whether the alien has been free of such mental illness for a period of time sufficient in the light of such history to demonstrate recovery. Upon receipt of the medical report, the consular or Service office shall refer it to the U.S. Public Health Service for review.

(ii) Submission of statement. Upon being notified that the medical report has been reviewed by the U.S. Public Health Service and determined to be acceptable, the alien or his sponsoring family member shall submit to the consular or Service office a statement, from a clinic, hospital, institution, school, other specialized facility, or specialist in the United States acceptable to the U.S. Public Health Service. The statement shall specify the name and address of the clinic, hospital, institution, school, other specialized facility, or specialist, and shall affirm (a) that the specified facility or specialist has agreed to accept the alien for all necessary diagnostic studies and medical supervision for a period of 5 years and during such period to be responsible either for providing, or for ensuring that the alien is provided such additional care, training, or schooling as the diagnostic studies indicate to be necessary; (b) that the alien, his ing family member, or other responsible person has made complete financial arrangements for payment of any charges that will be made during the 5-year period for all necessary diag

sponsor

nostic studies, care, and specialized training or schooling of the alien, including services to be received from the specified facility or specialist or from other sources; (c) that the specified facility or specialist will furnish the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333, an initial report, giving a current evaluation of the mental status of the alien within 30 days after his arrival; semiannual reports of his mental status for a period of 5 years, even if he has been discharged from care, training, or schooling, unless approval has been granted by the U.S. Public Health Service to transfer responsibility for the medical supervision of the alien to another facility or specialist; prompt notification of the death of the alien, of his departure without approval of the facility or specialist, or of his failure to report to the facility or specialist as may be required in connection with semiannual reports, or of his failure to report to the facility or specialist within 30 days after the facility or specialist receives notice from the U.S. Public Health Service that he has arrived in the United States; and (d) that the alien will be in an outpatient, inpatient, study, or other status as determined by the responsible local physician or specialist, during the initial evaluation and during any subsequent care or observation deemed necessary. (3) Assurances: bonds. In all cases under paragraph (b) of this section the alien or his sponsoring family member shall also submit an assurance that the alien will comply with any special travel requirements as may be specified by the U.S. Public Health Service and that, upon the admission of the alien into the United States, he will proceed directly to the facility or specialist specified for the initial evaluation, and will submit to such further examinations, treatment, schooling, training, and medical regimen as may be required, whether in an outpatient, inpatient, study, or other status, and that, before responsibility for the medical supervision of the alien is transferred to another facility or specialist, the alien or the sponsoring family member will obtain approval from the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333. The alien, his sponsoring family member, or other responsible person shall provide such assurances or bond as may be required to assure that the necessary expenses of the alien will be met and that he will not become a public charge. For procedures relating to cancellation or breaching of bonds, see Part 103 of this chapter.

(c) Section 212(e). An alien who was admitted to the United States as an exchange visitor, or who acquired that status after admission, is subject to the foreign residence requirement of section 212(e) of the Act if his participation in an exchange program was financed in whole or in part, directly or indirectly, by a U.S. Government agency or by the government of the country of his nationality or last residence. An alien is also subject to the foreign residence requirement of section 212(e) of the Act if: (1) At the time of issuance to him of an exchange visitor visa and admission to the United States, or (2) at the time of his admission to the United States as an exchange visitor, if not required to obtain a nonimmigrant visa, or (3) at the time of his acquisition of exchange visitor status after admission, he was a national and resident, or if not a national he was a lawful permanent resident or had a status equivalent to lawful permanent resident, of a country which the Secretary of State had designated, through publication by public notice in the Federal Register, as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was to engage in his exchange visitor program. A spouse or child admitted to the United States or accorded status under section 101(a)(15)(J) of the Act to accompany or follow to join an exchange visitor who is subject to the foreign residence requirement of section 212(e) of the Act shall also be subject to that requirement. An alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident alien, or that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, shall apply for a waiver on Form I-612. The alien's spouse and minor children, if also subject to the foreign residence requirement, may be included in the application, provided the spouse has not been a participant in an exchange program. Each application based upon a claim to exceptional hardship must be accompanied by the certificate of marriage between the applicant and his spouse and proof of legal termination of all previous marriages of the applicant and spouse; the birth certificate of any child who is a U.S. citizen or lawful permanent re-.. sident alien, if the application is based upon a claim of exceptional hardship to such child,

and evidence of the U.S. citizenship of the applicant's spouse or child, when the application is based upon a claim of exceptional hardship to the spouse or child who is a citizen of the United States. Evidence of U.S. citizenship and of status as a lawful permanent resident shall be in the form provided in Part 204 of this chapter. An application based upon exceptional hardship shall be supported by a statement, dated and signed by the applicant, giving a detailed explanation of the basis for his belief that his compliance with the foreign residence requirement of section 212(e) of the Act, as amended, would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident thereof. The statement shall include all pertinent information concerning the incomes and savings of the applicant and spouse. If exceptional hardship is claimed upon medical grounds, the applicant shall submit a medical certificate from a qualified physician setting forth in terms understandable to a layman the nature and effect of the illness and a prognosis as to the period of time the spouse or child will require care or treatment. An application based upon the applicant's belief that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, shall be supported by a statement, dated and signed by the applicant, setting forth in detail the reasons he believes he would be subject to persecution. The applicant and his spouse may be interviewed by an immigration officer in connection with the application and consultation may be had with the Department of State and the sponsor of any exchange program in which the applicant has been a participant. The applicant shall be notified of the decision and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. However, no appeal shall lie from the denial of an application for lack of a favorable recommendation from the Secretary of State. When an interested U.S. Government agency requested a waiver of the 2-year foreign residence requirement and the Secretary of State had made a favorable recommendation, the interested agency shall be notified of the decision on its request and, if the request is denied, of the reasons therefor, and of the foregoing right of appeal. If the foreign country of the alien's nationality or last residence has furnished the Secretary of State a

[29 F.R. 12584, Sept. 4, 1964, and 29 F.R. 13242; Sept. 24, 1964, as amended at 30 F.R. 14776, Nov. 30, 1965; 30 F.R. 15796, Dec. 22, 1965; 31 F.R. 5118, Mar. 30, 1966; 31 F.R. 11714, Sept. 7, 1966; 31 F.R. 13114, Oct. 11, 1966; 32 F.R. 2500, Feb. 7, 1967; 35 F.R. 5959, Apr. 10, 1970; 35 F.R. 18582, Dec. 8, 1970; 36 F.R. 316, Jan. 9, 1971; 37 F.R. 22725, Oct. 31, 1972; 38 F.R. 16632, June 25, 1973]

§212.8 Certification requirement of section 212(a)(14).

(a) General. The certification requirement of section 212(a)(14) of the Act applies to aliens seeking admission to the United States or adjustment of status under section 245 of the Act for the purpose of performing skilled or unskilled labor, who are preference immigrants as described in section 203(a)(3) or (6) of the Act, or who are nonpreference immigrants as described in section 203(a)(8). The certification requirement shall not be applicable to a nonpreference applicant for admission to the United States or to a nonpreference applicant for adjustment of status under section 245 who establishes that he will not perform skilled or unskilled labor. A native of the Western Hemisphere who established a priority date with a consular officer prior to January 1, 1977 and who was found to be entitled to an exemption from the labor certification requirement of section 212(a)(14) of the Act under the law in effect prior to January 1, 1977 as the parent, spouse or child of a United States citizen or lawful permanent resident alien shall continue to be exempt from that requirement for so long as the relationship upon which the exemption is based continues to exist.

(b) Aliens not required to obtain labor certifications. The following persons are not considered to be within the purview of section 212(a)(14) of the Act and do not require a labor certification: (1) A member of the Armed Forces of the United States; (2) a spouse or child accompanying or following to join his spouse or parent who either has a labor certification or is a nondependent alien who does not require such a certification; (3) a female alien who intends to marry a citizen

or alien lawful permanent resident of the United States, who establishes satisfactorily that she does not intend to seek employment in the United States and whose fiance has guaranteed her support; (4) an alien who establishes on Form I-526 that he has invested, or is actively in the process of investing, capital totaling at least $40,000 in an enterprise ion the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States who are United States citizens or aliens lawfully admitted for permnanent residence, exclusive of the alien, his spouse and children. A copy of a document submitted in support of Form I-526 may be accepted though unaccompanied by the original, if the copy bears a certification by an attorney, typed or rubber-stamped in the language set forth in §204.2(f) of this chapter. However, the original document shall be submitted, if submittal is requested by the Service.

[31 F.R. 10021, July 23, 1966; 31 F.R. 10355, Aug. 22, 1966, as amended at 34 F.R. 5326, Mar. 18, 1969; 38 F.R. 31166, Nov. 12, 1973; 41 F.R. 37566, Sept. 7, 1976; 41 F.R. 55850, Dec. 23, 1976]

PART 213-ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT

§213.1 Admission under bond or cash deposit.

The district director having jurisdiction over the intended place of residence of an alien may accept a public charge bond prior to the issuance of an immigrant visa to the alien upon receipt of a request directly from a United States consular officer or upon presentation by an interested person of a notification from the consular officer requiring such a bond. Upon acceptance of such a bond, the district director shall notify the U.S. consular officer who requested the bond, giving the date and place of acceptance and the amount of the bond. The district director having jurisdiction over the place where the examination for admission is being conducted or the special inquiry officer to whom the case is referred may exercise the authority contained in section 213 of the Act. All bonds and agreements covering cash deposits given as a condition of admission of an alien under section 213 of the Act shall be executed on Form

135% and thail se in the sum of 101 ess han The officer accepting such deposit shall give a recent therefor on Form 1-365 For procedures relating to bond aders, acstable purefies cancellation or reaching if sounds see Part 103 of his chapter

03 56 Bear 13 LSC · 03 39 FR. 05 Jul 30 1964 as amended a 12 FR. MCS May 496".

PART 214-NONIMMIGRANT CLASSES

241 Requirements for admission, extension and maintenance of status.

2:42 Special requirements for admission, extenann and maintenance of status. 2.43 Petitions for approval of schools. 2.44 Withdrawal of school approval.

AUTHOATTY. The provisions of this Part 2:4 issued under secs 101, 103, 212, 214, 66 Stat. 166, 172, 32, as amended, 189, 8 US.C. 1101, 1103, 1182, 1184

$214.1 Requirements for admission, extension, and maintenance of status.

(a) General Every nonimmigrant alien applicant for admission or extension of stay in the United States shall establish that he is admissible to the United States or that a ground of inadmissibility has been waived under section 212(d)(3) of the Act; present a passport upon admission and only when requested in connection with an extension of stay, valid for the period set forth in section 212(a)(26) of the Act, except as otherwise provided in this chapter, and, upon admission, a valid visa, except when either or both documents have been warved, agree that he will abide by all the terms and conditions of his admission or extension, and that he will depart at the expiration of the period of his admission or extenSION OF on abandonment of his authorized nonimmigrant status; and post a bond on Form 1352 in the sum of not less than $500 if required by the district director, special inquiry officer, or the Board of Immigration Appeals at the time of admission or extension, to insure the maintenance of the alien's nonimmigrant status and his departure from the United States. A nonimmigrant whose visa has been automatically revalidated pursuant to 22 CFR 41.125(f) shall, if otherwise admissible, be readmitted for a period not to exceed the unexpired period of his initial admission or extension of stay which had been authorized

STEV

migrant s arier admission presented by him. or as endorsed by the issuing school official or program spenser on Form 1-6 or DSP-an presented by a returning Jonimmigrant as defined in paragrion For J of section 9 a 15 of the Act. A nonimmigrant other than one in the classes defined in section 120 a 15(A i or or Gior iv of the Act members of which classes are not required to obtain extensions of stay if they continue to be so recognized by the Secretary of State as members of such classes: section 101 a15 BI who is visiting the United States temporarily for pleasure and section IC1a(25) (C), (D). or (K) of the Act (members of which classes are ineligible for extensions of stay 1, or section 101(aж15) (F) or (J) of the Act, and whose period of admission has not expired, shall apply on Form 1-539 and may be granted or denied, without appeal, an extension of his period of temporary admission by an officer in charge of a suboffice or a district director. A separate application must be executed and submitted for each alien seeking an extension of temporary stay; however, regardless of whether they accompanied the applicant to the United States, the spouse and minor, unmarried children of any applicant who have the same nonimmigrant classification may be included in his application and may be granted the same extension without fee. If failure to file a timely application is found to be excusable, an extension may be granted from the time of expiration of authorized stay. When because of reasons beyond his control, or special circumstances, an alien needs an additional period of less than 30 days beyond his authorized stay within which to effect his departure, he may be granted such time without filing an application for extension. Extensions to members of a family group shall be for the same period; if one member is eligible for only a six-month extension and another for a twelve-month extension, the shorter period shall govern. For procedures relating to cancellation or breaching of bonds, see Part 103 of this chapter.

(b) Termination of status. Within the period of initial admission or extension of stay, the nonimmigrant status of an alien shall be terminated by the revocation of a waiver previously authorized in his behalf under section