(c) Exclusion. If an alien who presents a valid unexpired refugee travel document appears to the examining immigration officer to be excludable as provided in §236.3(e) of this chapter, he shall be referred for proceedings under sections 236 and 237 of the Act. Section 235(c) of the Act shall not be applicable. §233a.7 Extension. An application for extension of a refugee travel document shall be submitted on Form I-570 60 to 90 days prior to the expiration of the document's validity. The application shall be submitted to the immigration office having jurisdiction over the applicant's place of residence in the United States, or, if the applicant is temporarily sojourning abroad, he may submit the application to a U.S. immigration or consular officer as specified in §223.2 of this chapter. An extension application mailed during the document's validity is considered as timely submitted, even through received by a Service or consular officer after the document's validity has expired. If the extension application is granted, the document shall be noted to show the extension and returned to the applicant; if denied, the applicant shall be notified of the decision, and the document returned to him if the remaining period of its validity permits its use for return to the United States. The application may be denied only for compelling reasons of public order or national security, or if it is determined that the refugee travel document is invalid. No appeal shall lie from a decision denying an application for extension of a refugee travel document. §223a.8 Surrender of document. (a) Expired document. Upon expiration of the period of validity of a refugee travel document, it shall be surrendered to an immigration officer or to the issuing office of the Service. If an alien's expired refugee travel document has not been surrendered to the Service, no subsequent refugee travel document shall be issued to him unless he shall first surrender the expired document or satisfactorily account for his failure to do so. A refugee travel document shall also be surrendered if the alien's immigration status has changed so that upon return to the United States he may not be accorded the status endorsed in the document. (b) Invalid document. An invalid refugee travel document shall be surrendered to an immigration officer except that an alien traveling abroad shall be permitted to retain it until his return to the United States prior to its expira the (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, except one arriving directly from Canada on a voyage originating in that country or one arriving in the Virgin Islands of the United States directly from the British Virgin Islands on a voyage originating in the latter islands, must present a manifest of all alien passengers on board to the immigration officer at the first port of arrival. For vessels that are given advance permission to use procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) prepared for and presented by each alien passenger. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) recording the total number of passengers (including U.S. citizens) that embarked at each port en route to the United States shall be presented by the master to the immigrant inspector at the first port of arrival 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 completely executed set of Forms I-94 prepared for and presented by each alien passenger except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda. 66-017 O-77-7 (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 one arriving directly from Canada on a flight originating in that country or one arriving in the Virgin Islands of the United States directly from the British Virgin Islands on a flight originating in the latter islands, must present a manifest in the form of a separate arrival-departure card (Form I-94) prepared for and presented by each alien passenger on board. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) recording the total number of passengers (including U.S. citizens) that embarked at each port en route to the United States shall be presented by the captain to the immigrant inspector at the first port of arrival in the United States. An arrival-departure card is not required for an arriving, through-flight passenger at a U.S. port from which he will depart directly to a foreign place or an outlying possession of the United States on the same flight, provided the number of such throughflight passengers is noted on the Bureau of Customs Form 7507 or on the International Civil Aviation Organization's General Declaration and such passengers remain during the ground time in a separate area under the direction and control of the Service. (c) Deferred inspection. When inspection of an arriving passenger is deferred at the request of the carrier to another port of debarkation, the manifest relating to any such passenger shall be returned, together with a Form I-92 when the Form I-94 manifest procedure is used, for presentation by the captain, master or agent at the port where inspection is to be conducted. (d) Preparation of Arrival-Departure Card, Form I-94. When used either as an attachment to an arrival manifest on Form 1-418 or as the basic arrival manifest document, the set of Forms I-94 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, except 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 permission 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 regularly scheduled voyages to and from the United States may be deferred as follows: The Forms I-94 of departing nonimmigrant 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 aliens, 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 to 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 flight 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 1-94. 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] $231.3 Exemptions for private vessels and aircraft. The provisions of this part relating to the presentation of arrival and departure manifests shall not apply to a private vessel or private aircraft not engaged directly or indirectly in the carriage of persons or cargo for hire. [32 F.R. 9627, July 4, 1967] FOR EX PART 232-DETENTION 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 detention, 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 determination of admissibility, the district director will ascertain the assessable detention expenses and bill or reimburse the master or agent. (Secs. 103, 232, 66 Stat. 173, 196; 8 U.S.C. 1103, 1222) [22 F.R. 9519, Nov. 28, 1957] PART 233-TEMPORARY REMOVAL FOR INSPECTION §233.1 Temporary removal. 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 1-259 shall indicate the names of the persons to be removed, the place to which they shall be removed, and the brief presence as a transit or crewman, or any other presence so brief as not to signify residence even of a temporary nature. A refugee travel document may be issued, in the exercise of discretion, to any other refugee unless reasons of national security or public order otherwise require; sympathetic consideration shall be given to such an application unless the Service intends to expel or exclude the alien from the United States. For reasons of national security, a refugee travel document shall not be issued to an alien who intends to travel to, in, or through Cuba or Communist portions of Korea or Viet Nam, unless the restriction with respect to any such place or places has been waived as provided in §223a.5(b)(2). An alien who is a lawful permanent resident and who is in possession of a reentry permit issued pursuant to section 223 of the Act and Part 223 of this chapter may be issued a refugee travel document only if he surrenders the reentry permit to the Service. [39 F.R. 37968, Oct. 25, 1974] §223a.4 Application. Application for a refugee travel document shall be submitted on Form I-570 at least 45 days prior to the proposed date of departure from the United States. The application shall be submitted to the district director having jurisdiction over the applicant's place of residence and shall be accompanied by his Form I-94 or Form I-151. The applicant shall be notified of the decision on his application. If the application is approved, the refugee travel document shall be issued and the immigration status which may be accorded to the alien upon his return to the United States shall be specified therein. Unless the applicant is in the United States as a conditional entrant or law ful permanent resident, the status of ". Parolee". shall be specified. If he is in the United States as a conditional entrant, that status shall be specified; if he is a lawful permanent resident, that status shall be specified. If the application is denied, the applicant shall be notified of the reasons therefor and of his right to appeal in accordance with the provisions of part 103 of this chapter. §223a.5 Validity of refugee travel document. (a) General. A refugee travel document shall be valid for a period not to exceed 1 year from date of issuance and its validity may be extended for a period not to exceed 1 additional year. The document may be used for one or more applications for admission to the United States. It shall have no effect under the immigration laws except to show that during the period of its validity the lawful holder thereof may be accorded the status specified in the refugee travel document upon returning to the United States. (b) Invalidity—(1) False application. A refugee travel document shall be invalid if the alien obtained it by making a material false representation or concealment in his applica tion. (2) Area restrictions. A refugee travel document shall be invalid if the alien during his absence abroad travels to, in, or through Cuba or Communist portions of Korea or Viet Nam, unless the document bears an endorsement, or the alien presents a letter issued to him by the Department of State, stating that the restriction with respect to any such place or places has been waived. The waiver shall not be endorsed in the document unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places. (3) Exclusion or deportation proceedings. A refugee travel document shall be invalid if the alien is ordered excluded or deported. (4) Aliens who are no longer refugees. A refugee travel document shall be invalid if the U.N. Convention of July 28, 1951, shall cease to apply or shall not apply to the alien as provided in Article 1C, D, E, or F of the convention. §223a.6 Return to the United States. (a) General. Every alien returning to the United States who presents a valid unexpired refugee travel document shall be permitted to come physically within the territory of the United States to receive consideration of his application for admission in conformity with paragraphs (b) and (c) of this section. (b) Inspection and immigration status. Upon arrival, an alien who presents a valid unexpired refugee travel document shall be examined as to his admissibility under the Act, and under the U.N. Convention of July 28, 1951, and the Protocol of January 31, 1967, except that any question of admissibility as a lawful permanent resident or as a conditional entrant shall be determined solely in accordance with the provisions of the Act. An alien shall be accorded the immigration status endorsed in his refugee travel document unless he is no longer eligible therefor or he applies for and is found eligible for some other immigration status. (c) Exclusion. If an alien who presents a valid unexpired refugee travel document appears to the examining immigration officer to be excludable as provided in §236.3(e) of this chapter, he shall be referred for proceedings under sections 236 and 237 of the Act. Section 235(c) of the Act shall not be applicable. §233a.7 Extension. An application for extension of a refugee travel document shall be submitted on Form I-570 60 to 90 days prior to the expiration of the document's validity. The application shall be submitted to the immigration office having jurisdiction over the applicant's place of residence in the United States, or, if the applicant is temporarily sojourning abroad, he may submit the application to a U.S. immigration or consular officer as specified in §223.2 of this chapter. An extension application mailed during the document's validity is considered as timely submitted, even through received by a Service or consular officer after the document's validity has expired. If the extension application is granted, the document shall be noted to show the extension and returned to the applicant; if denied, the applicant shall be notified of the decision, and the document returned to him if the remaining period of its validity permits its use for return to the United States. The application may be denied only for compelling reasons of public order or national security, or if it is determined that the refugee travel document is invalid. No appeal shall lie from a decision denying an application for extension of a refugee travel document. §223a.8 Surrender of document. (a) Expired document. Upon expiration of the period of validity of a refugee travel document, it shall be surrendered to an immigration officer or to the issuing office of the Service. If an alien's expired refugee travel document has not been surrendered to the Service, no subsequent refugee travel document shall be issued to him unless he shall first surrender the expired document or satisfactorily account for his failure to do so. A refugee travel document shall also be surrendered if the alien's immigration status has changed so that upon return to the United States he may not be accorded the status endorsed in the document. (b) Invalid document. An invalid refugee travel document shall be surrendered to an immigration officer except that an alien traveling abroad shall be permitted to retain it until his return to the United States prior to its expira the (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, except one arriving directly from Canada on a voyage originating in that country or one arriving in the Virgin Islands of the United States directly from the British Virgin Islands on a voyage originating in the latter islands, must present a manifest of all alien passengers on board to the immigration officer at the first port of arrival. For vessels that are given advance permission to use procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) prepared for and presented by each alien passenger. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) recording the total number of passengers (including U.S. citizens) that embarked at each port en route to the United States shall be presented by the master to the immigrant inspector at the first port of arrival 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 completely executed set of Forms I-94 prepared for and presented by each alien passenger except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda. 66-017 - 77-7 |