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(iii) Medical technologists, medical record librarians, medical record technicians, X-ray technicians, and other participants in similar categories length of the approved training program plus a maximum of 18 months for practical experience, not exceeding a total of three years.
(iv) Students—as long as they pursue substantial scholastic programs leading to recognized degrees or certificates. Students whom the sponsor recommends for practical training will be permitted to remain for such purpose for an additional period of up to eighteen months after receiving their degrees or certificates.
(v) Research scholars—three years.
(vi) Guest teachers and instructorstwo years.
(vii) Business and industrial trainees-eighteen months.
(2) The immediate family—as long as the participant remains. The limitations in this paragraph prescribe, as a general rule, the maximum stay of exchange visitors in the categories cited. A participant who is able to complete his objective in less than the maximum will be expected to return abroad to comply with the purposes of the Act. These limitations apply regardless of the number of ExchangeVisitor Programs in which a participant participates. Therefore, transfer from one Exchange-Visitor Program to another will not extend the stay of a participant beyond the limits set for his particular category. These limitations should not be construed as extending or changing in any way the authorized period of stay specified in the official description of an Exchange-Visitor Program.
(c) Application for extension of stay.
(1) Such application shall be made between 15 and 30 days before the expiration of the exchange visitor's authorized stay to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over the exchange visitor's place of temporary residence.
(2) A participant applying for an extension of stay shall present Form DSP66 properly endorsed by the sponsor to show the time and terms of the extended stay for which application is made. As a general rule, applications for extensions of stay should be requested only for continuation of the activity for which the
participant obtained status as an exchange visitor, not for a new activity. When the application, if approved, would extend the participant's stay beyond the limitation specified in (b) of this section, it must be strongly supported by the sponsor with evidence that there are exceptional circumstances or that additional time is required to complete highly specialized training, and that the participant's future intentions clearly involve his departure from the United States in accordance with the objectives of the Exchange-Visitor Program. If the applicant is accompanied by his immediate family, the sponsor should attach a statement to Form DSP-66 giving the name and relationship, place and date of birth, and nationality of each accompanying member of his immediate family.
(3) If the application falls within one of the categories which the Department has advised the Immigration and Naturalization Service questionable from an exchange point of view, or should be subject to review by the Department, the Immigration and Naturalization Service will refer the application to the Department prior to action on the application. Those cases in which an extension is requested to enable the participant to carry out a new activity under the sponsor's program will be referred by the Immigration and Naturalization Service to the Department for consideration before the participant is permitted to enter into the new activity.
(4) The application of the immediate family, if not made on the same occasion as the participant's, must be accompanied by a copy of the Form DSP-66 issued to the participant, properly endorsed by the sponsor to show the time and terms of the extended stay for which the participant has applied.
(d) Application for program transfer. An application for permission to transfer from one designated Exchange-Visitor Program to another must be submitted to the District Director, Immigration and Naturalization Service, having administrative jurisdiction over the participant's place of temporary residence in the United States by the participant concerned between fifteen and thirty days before participation in the program to which he wishes to transfer is scheduled to begin. A participant applying for a program transfer shall present a duly executed Form DSP-66, Part I completed
by the prospective sponsor and Part II by the releasing sponsor. Before granting the participant permission to transfer, the District Immigration and Naturalization Service Office concerned will request the views of the Department as to whether the best interests of the international exchange of persons will be served by the transfer in any case in which (1) the applicant is unable to present a Form DSP-66 with Part II duly executed by the current sponsor, (2) it appears that the transfer is solely or principally for the purpose of continuing the residence and employment of the participant in the United States, or (3) the officer cannot perceive clear progress toward a definite objective consistent with the intent and purpose of the Act.
(e) Application for change of status from exchange visitor to another nonimmigrant category. Exchange visitors may apply for a change of nonimmigrant classification only to the A (foreign government official) or G (international organization representative, official or employee) classification. Application should be made in behalf of the exchange visitor by the appropriate foreign embassy or international organization to the Department which will certify to the Attorney General that the alien is entitled to the classification requested provided that no objection is perceived in view of the intent and purpose of the Act. (Dept. Reg. 108.490, 28 F.R. 1630, Feb. 21, 1963, as amended by Dept. Reg. 108.506, 29 F.R. 2784, Feb. 28, 1964)
foreign country for an aggregate of at least two years following departure from the United States. It also provides that such residence in another foreign country shall be considered to have satisied this requirement if the Secretary determines that it has served the purpose and intent of the Act. It further provides that upon the favorable recommendation of the Secretary, pursuant to the request of an interested United State Government agency, or the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship. upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest. The provisions of section 212(e) are also made applicable to persons who acquired exchangevisitor status under the United States Information and Educational Exchange Act of 1948, as amended.
(b) An exchange visitor desiring to apply for a waiver shall follow procedures and/or regulations established by the United States Government agency interested in his case.
(c) An applicant for a waiver should arrange for a report on his application to be made by the sponsor or sponsors directly to the interested United States Government agency.
(d) A request for a waiver submitted by an agency of the United States Government to the Secretary for his recommendation shall recite the facts concerning the admission and places and periods of stay in the United States of the exchange visitor and the country of his nationality or last residence; identify his sponsor or sponsors by name and program number; name the place of his intended residence in the United States; state the reason or reasons why the waiver being requested; and be accompanied by the report of the sponsor or sponsors of his application.
(e) The request must be supported by documentary evidence demonstrating
§ 63.6 Requests for waivers of the for
eign residence requirement of section 212(e) of the Immigration and Na
tionality Act, as amended. (a) Section 212(e) of the Immigration and Nationality Act, as amended, provides in part that no person admitted under section 101(a) (15) (J) or acquiring such status after admission shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a) (15) (H) until it is established that such person has resided and been physically present in the country of his nationality or his last residence, or in another
that issuance of the waiver is in the § 63.8 Determination by the Secretary public interest because the two-year pe
that residence in another foreign riod of residence abroad would (1) im
country has served the purpose and pose exceptional hardship upon the
intent of the Act. exchange visitor's spouse or child (if (a) In the event that all or part of such spouse or child is a citizen of the the two-year period of foreign residence United States or a lawfully resident specified in section 212(e) of the Imalien), or (2) be clearly detrimental to migration and Nationality Act, a program or activity of official interest amended, was spent in a country or to an agency of the Government of the countries other than the country of the United States.
exchange visitor's nationality or his last (f) An exchange visitor who wishes to residence, and in the event a waiver as apply for a waiver under paragraph (e) provided in $$ 63.6 and 63.7 has not been (1) of this section shall apply to the obtained, neither an immigrant visa, nor District Director of the Immigration and a nonimmigrant visa under section 101 Naturalization Service having adminis- (a) (15) (H) of the Immigration and trative jurisdiction over the alien's place Nationality Act, nor an adjustment of of temporary residence in the United status under section 245 of the ImmigraStates, or if the exchange visitor is tion and Nationality Act, as amended, abroad, over his last place of residence shall be granted until the Secretary has in the United States. If, after consider- determined that the residence in such ation of an application, the Commis- other foreign country or countries has sioner of Immigration and Naturalization served the purpose and intent of the Act. determines that compliance with the An information sheet furnishing genforeign residence requirement would im- eral guidance on factors which the Secpose exceptional hardship upon the retary will consider in making his deterspouse or child who is an American mination may be obtained by interested citizen, or permanent resident alien, the persons from the Bureau of Educational request showing such determination shall and Cultural Affairs, Department of be submitted to the Bureau of Educa- State. The factors set forth in the intional and Cultural Affairs of the De- formation sheet shall not be regarded partment for the Secretary's recommen- as binding, conclusive, or inclusive of all dation. An exchange visitor who wishes circumstances to be considered in arrivto apply for a waiver under paragraph ing at a determination, and shall be sub(e) (2) of this section shall apply to the ject to change without notice.
In no United States Government agency in- event will a determination be made in terested in his case. If the interested any individual case until the two-year agency views his case favorably, it shall period of foreign residence has been transmit its request to the Bureau of completed Educational and Cultural Affairs of the (b) In applying for such determinaDepartment for the Secretary's recom- tion, the exchange visitor shall submit mendation.
to the American consular officer having $ 63.7 Action by the Secretary on
jurisdiction over his visa application or,
if the exchange visitor is in the United quests for waiver of the foreign residence requirement of section 212(e)
States, to the District Director of the of the Immigration and Nationality
Immigration and Naturalization Service Act, as amended.
having administrative jurisdiction over
his place of temporary residence in the Upon receipt of a request from an
United States, a written report of the interested United States Government
faüts in his case, containing as much agency or from the Commissioner of Im
information as possible along the lines migration and Naturalization that the
indicated in the information sheet deforeign residence requirement of section
scribed in paragraph (a) of this section. 212(e) of the Immigration and Nation
The report shall be forwarded to the ality Act, as amended, be waived in the
Bureau of Educational and Cultural case of an exchange visitor, the Secre
Affairs, Department of State, together tary shall review the policy, program,
with an pertinent comments of the and foreign relations aspects of the case
official forwarding the report. The Secand in appropriate instances shall trans
retary shall review the policy, program, mit his recommendation to the Attorney
and foreign relations aspects of the case General for the latter's finding and con
and inform the authorities concerned, sequent action.
in writing, of his decision.
SUBCHAPTER H-PROTECTION AND WELFARE OF AMERICANS,
THEIR PROPERTY AND ESTATES
PART 71 -PROTECTION AND WEL
FARE OF CITIZENS AND THEIR
GENERAL ACTIVITIES Sec. 71.1 Protection of Americans abroad. 71.2 Requests for naval force in foreign port. 71.3 American claimants to foreign estates
and inheritances. 71.4 Real property of deceased American
citizens. 71.5 Storage or safekeeping of private prop
erty. 71.6 Services for distressed Americans. 71.7 Reports on catastrophes abroad. 71.8 Assistance to American Red Cross. 71.9 Presentation of Americans at foreign
courts. AUTHORITY: The provisions of this part 71 issued under sec. 4, 63 Stat. 111, as amended; 5 U.S.C. 151c.
SOURCE: The provisions of this Part 71 appear at 22 F.R. 10841, Dec. 27, 1957, unless otherwise noted.
$71.1 Protection of Americans abroad.
Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed upon them by rules and regulations prescribed by the Secretary of State. § 71.2 Requests for naval force in for
eign port. Diplomatic representatives and consular officers shall not request the presence of a naval force in a foreign port unless a public emergency so necessitates. The request may be addressed to the officers in command of the naval force, in which event responsibility of action rests with them, or it may be addressed to the Department of State. In either case, the request should contain detailed reasons for its submission. $ 71.3 American claimants to foreign
estates and inheritances. Where treaty provisions, local laws, or established usage permit, a consular officer should protect the interests of American citizens claiming foreign estates and inheritances.
§ 71.4 Real property of deceased Ameri
can citizens. In the absence of special provisions by treaty the devolution and transfer of real property are covered by the law of the place where the property is situated. When real property is left by the decedent within the country where death occurs, or where the decedent was domiciled at the time of death, the consular officer, or diplomatic officer, if there be no consular officer, should if feasible informally observe the proceedings and report to the diplomatic mission or the Department any apparent irregularity or unnecessary delay in settling the estate. § 71.5 Storage or safekeeping of private
property. Except in a public emergency, no officer of the Foreign Service shall accept private property for storage or safekeeping in the office or for transmission to some other destination, unless it is property belonging to the estate of a deceased American citizen, or property over which the officer has jurisdiction as a result of a catastrophe at sea. In public emergencies, officers may accept private property for storage and safekeeping or for transmission to another destination, provided the owner signs a statement to the effect that the property is being accepted for deposit at his request, at his own risk, and with full knowledge that neither the Government of the United States nor any of its officers assumes responsibility therefor. § 71.6 Services for distressed Americans.
Officers of the Foreign Service shall extend every possible aid and assistance within their power to distressed American citizens within their districts, but they shall not expend the funds nor pledge the credit of the Government of the United States for this purpose, except in the case of American seamen, or except as authorized by the Department of State. $ 71.7 Reports on catastrophes abroad.
Whenever a great catastrophe occurs abroad, either on land or on
the oficer within whose district the catastrophe takes place or into whose district the survivors are brought shall report immediately by telegraph the names of any American citizens who have been killed or injured and the names of American citizens known to be safe. $ 71.8
Assistance to American Red Cross. Officers and employees of the Foreign Service may cooperate fully with the American Red Cross within their respective districts and subject to the limitations prescribed in § 102.806 (22 CFR, 1947 Supp.). They shall, however, avoid taking an active part in the solicitation of memberships or the collection of funds. $ 71.9 Presentation of Americans at for
eign courts. The chief of the mission concerned may exercise his discretion in the matter of procuring the presentation of American citizens at the court of the country to which he is accredited.