(e) Procedure in issuing. (1) In issuing a crew-list visa the regular nonimmigrant visa stamp as prescribed in § 41.124 (c) shall be placed on the last page of the manifest immediately following the last name listed. (2) The symbol "D" shall be inserted in the space provided in the visa stamp. (3) The name of the vessel or identifying data regarding the aircraft shall be entered in the space provided for the name of the visa recipient. (4) The consular officer shall sign the visa, indicate his title, and impress the seal of his office on the visa stamp. The impression seal shall also be placed in the lower right corner of all pages of the crew list other than the page on which the visa stamp appears. (5) In issuing a crew-list visa, the consular officer shall deliver the original of the crew list to the master of the vessel or commanding officer of the aircraft or to the authorized agent of such master or officer for presentation to the immigration officer at the first port of arrival in the United States. The duplicate copy of the crew list shall be retained for the consular files and shall show the date of issuance of the crewlist visa. (For regulations regarding exclusion from and refusal of crew-list visas see § 41.132(a).) CROSS REFERENCE: For regulations regarding exclusion from and refusal of crew-list visas see § 41.132 (a). (f) Supplemental crew-list visa. (1) A supplemental crew-list visa shall be obtained at the consular office at which the crew-list visa was issued or at the consular office nearest the vessel's subsequent place of call to cover any additional crewmen signed on after the issuance of the crew-list visa unless such crewman is in possession of a valid individual entry document. (2) If an additional crewman takes the place of another crewman whose name was previously included in the crew-list visa the substitution shall be indicated in the supplemental crew list presented for visaing. [Dept. Reg. 108.411, 24 F.R. 6690, Aug. 18, 1959, as amended by Dept. Reg. 108.469, 26 F.R. 6441, July 18, 1961; Dept. Reg. 108.481, 27 F.R. 5865, June 21, 1962] § 41.128 Nonresident alien Mexican border-crossing cards. (a) Aliens eligible to apply. Under the conditions prescribed by this section, a consular officer other than one assigned to a consular office located in an area adjacent to the border between the United States and Mexico, may issue a border-crossing card, as that term is defined in section 101 (a) (6) of the Act, to a nonimmigrant alien who satisfactorily establishes that he (1) is a citizen and resident of Mexico; and (2) is a bona fide temporary visitor and, if applying for a temporary visitors visa, he would be eligible to receive such visa; (3) will be entering the United States solely from contiguous territory. (b) Application for nonresident alien Mexican border-crossing card. A citizen of Mexico shall apply on Form I-190 for a nonresident alien border-crossing card, supporting his application with evidence of Mexican citizenship and residence, a valid, unexpired Mexican passport and two photographs, one and one-half inches square. Each applicant applying at a consular office, except a child under 14 years of age, shall appear in person before a consular officer and be interrogated regarding his eligibility for a temporary visitors visa. (c) Validity. Forms I-186 issued on or after September 15, 1965, are valid for a period of 4 years from date of issuance. (d) Voidance. Forms I-186 may be declared void, without notice, by an officer authorized to issue such form and, upon voidance, shall be surrendered immediately. Violations of the immigration laws or information developed regarding ineligibility to receive a visa shall be grounds for voidance by a consular officer. (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. (f) Waiver of certain grounds of ineligibility. The excluding provisions of section 212(a) (16) or (17) of the Act are waived pursuant to section 212(d) (3) for a citizen of Mexico who is an applicant for a nonresident alien bordercrossing card and who establishes that he is ineligible only by reason of his removal or deportation prior to November 1, 1956, because of entry without inspection or lack of required documents. [Dept. Reg. 108.522, 30 F.R. 10188, Aug. 17, 1965] (a) Refusal procedure. If a consular officer knows or has reason to believe that an alien is ineligible to receive a visa on grounds of ineligibility which cannot be overcome by the presentation of additional evidence, Form FS-257, if practicable, shall be executed before the refusal is recorded. If the alien fails to execute a visa application, after being informed of a ground of ineligibility to receive a nonimmigrant visa, the visa shall be considered refused. The consular officer shall then insert the pertinent data on Form FS-257 with the reasons for the refusal and the form shall be filed in the consular office. In all cases the applicant shall be informed of the provision of law, or regulations issued thereunder, upon which the refusal is based. When refusing a nonimmigrant visa the consular officer may return the original of all supporting documents furnished by the alien with his application. The duplicate of each document upon which the refusal is based and the duplicate of each document which indicates a possible ground of ineligibility to receive a visa, whether or not related to the ground of refusal, shall be retained at the consular office with the memorandum of refusal. Duplicates of other documents may be returned to the alien in the consular officer's discretion. (b) Review of refusals at consular offices. If the grounds of ineligibility upon which the visa was refused cannot be overcome by the presentation of additional evidence, the principal consular officer at a post or an alternate whom he may specifically designate, shall review the case of an applicant who has been refused a visa and shall record his decision over his signature and the date on a form prescribed by the Department. If the grounds of ineligibility may be overcome by the presentation of additional evidence, and if the applicant has indicated that he intends to obtain such evidence, a review of the refusal may be deferred for a period not to exceed 120 days. If the principal consular officer, or his alternate, does not concur in the refusal, he shall (1) refer the case to the Department for an advisory opinion or (2) assume responsibility for the case himself. (c) Review of refusals by Department. The Department may request a consular officer in an individual case or in specified classes of cases to submit a report if a nonimmigrant visa has been refused. The Department will review such reports and may furnish an advisory opinion to the consular officer for his assistance in giving further consideration to such cases. If upon the receipt of the Department's advisory opinion the consular officer contemplates taking action contrary to the advisory opinion, the case shall be resubmitted to the Department with an explanation of the proposed action. Rulings of the Department concerning an interpretation of law, as distinguished from an application of the law to the facts, shall be binding upon consular officers. [Dept. Reg. 108.491, 28 F.R. 2309, Mar. 9, 1963] § 41.132 Exclusion from and refusal of crew-list visas. (a) Exclusion from crew-list visa. A consular officer who knows or has reason to believe that a crew list submitted for a visa contains the name of a person who is not a bona fide crewman, or who is otherwise ineligible to receive an individual visa as a crewman, shall exclude the name of any such crew member from the crew-list visa. In excluding a crewman's name from a crew-list visa, the consular officer shall place a notation below the visa stamp indicating the name of each crewman so excluded. A consular officer shall not strike a crewman's name from a crew list. (b) Refusal of crew-list visa. A crewlist visa is refused if all aliens listed on the crew list are found by the consular officer not to be bona fide crewmen or otherwise ineligible to receive individual visas as crewmen. When a crew-list visa is refused in any case, a full report shall be forwarded by the consular officer to the Department in sufficient time to be received before the arrival of the vessel or aircraft at a port of entry. In such a case the original of the crew list shall be returned to the master, commanding officer or authorized agent and the duplicate shall be filed in the consular office. (Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) [Dept. Reg. 108.422, 24 F.R. 11083, Dec. 31, 1959] § 41.134 Revocation and invalidation of visas. sular officer is authorized to revoke ab (a) Grounds for revocation. A coninitio a nonimigrant visa under the following circumstances: (1) The consular officer knows, or after investigation is satisfied, that the visa was procured by fraud, a willfully false or misleading representation, the willful concealment of a material fact, or other unlawful means; or (2) The consular officer obtains information establishing that the alien was otherwise ineligible to receive the visa at the time of issuance. (b) Grounds for invalidation. A consular officer is authorized to invalidate at any time a nonimmigrant visa in any case in which he finds that the alien has become ineligible for such visa. The invalidation shall terminate the validity of the visa on the date of such invalidation. (c) Notice of proposed revocation. The bearer of a nonimmigrant visa which is being considered for revocation or invalidation shall, if practicable, be notified of the consular officer's intention to revoke his visa, be given an opportunity to show why the visa should not be revoked or invalidated, and shall be requested to present his travel document containing the visa to the consular office indicated in the notification of proposed cancellation. (d) Procedure in revoking or invalidating visas. A nonimmigrant visa which is revoked or invalidated shall be canceled by writing the word "Revoked" or "Invalidated", whichever is applicable, plainly across the face of the visa. The cancellation shall be dated and signed by the consular officer taking the action. The failure of an alien to present his visa for cancellation shall not affect the validity of any action taken to revoke or invalidate such visa. (e) Notice to carriers. Notice of revocation or invalidation shall be given to the master, commanding officer, agent, owner, charterer, or consignee of the carrier or transportation line on which it is believed the alien intends to travel to the United States, unless the visa has been canceled as provided in paragraph (d) of this section. (f) Notice to Department. Notice of revocation or invalidation, including a full report of the facts in the case, shall be submitted promptly to the Department for transmission to the Immigration and Naturalization Service. No such report is required if the visa has been canceled prior to the alien's departure for the United States except in cases involving A, G, C-2, C-3, NATO, diplomatic or official visas. (g) Record of action. Upon the revocation or invalidation of a nonimmigrant visa appropriate notation of the action taken, including a statement of the reasons therefor, shall be made, and if the revocation or invalidation of the visa is effected at other than the issuing office, a report of the action taken shall be transmitted to the issuing office. (h) Reconsideration of revocation and reinstatement of visa when revocation unwarranted. The consular officer shall consider any evidence which may be submitted by the alien, his attorney or representative, indicating that the revocation or invalidation of a visa may have been unwarranted. If it is determined that the visa was not properly revoked or invalidated, the visa shall be reinstated without fee. A memorandum regarding the action taken and the reasons therefor shall be placed in the consular files, and appropriate notification shall be forwarded promptly to the alien, to the carriers concerned, to the Department, and to the issuing office if notice of revocation or invalidation has been given in accordance with para (Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) [Dept. Reg. 108.441, 25 F.R. 7019, July 23, 1960, as amended by Dept. Reg. 108.469, 26 F.R. 6441, July 18, 1961; Dept. Reg. 108.527, 30 F.R. 14783, Nov. 30, 1965] ENTRY INTO AREAS UNDER UNITED STATES ADMINISTRATION § 41.145 Aliens entering areas under United States administration not included in section 101(a) (38) of the Act. An alien seeking to enter an area as a nonimmigrant which is under United States administration but which is not within the "United States", as defined in section 101(a) (38) of the Act, is not required by the Act to be documented by a consular officer unless the authority contained in section 215 of the Act has been invoked. [Dept. Reg. 108.422, 24 F.R. 11084, Dec. 31, 1959] FURNISHING VISA RECORDS FOR COURT PROCEEDINGS § 41.150 Furnishing visa records for court proceedings. Upon receipt by a consular officer of a request for information from a visa file or record for use in court proceedings, as contemplated in section 222(f) of the Act, the consular officer shall, prior to the release of the information, submit the request, together with a full report, to the Department. [Dept. Reg. 108.441, 25 F.R. 7019, July 23, 1960] |