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101.4 Registration procedure.
101.5 Special immigrant status for certain

G-4 nonimmigrants.
AUTHORITY: 8 U.S.C. 1103, 8 CFR part 2.

Part 231 Part 231 Part 232 Part 233 234.2(c) Part 235 235.1(e) 243.4 243.7 Part 244 Part 245 Part 245 245.2 245.2(a)(2) 247.11 247.12 247.13 248.3 248.3(b) 248.4 Part 249 Part 249 Part 250 Part 251 Part 251 Part 252 252.1(1) 253.1 264.1 264.1(c) 264.1(1) 265.1 292.2 316a. 21 319.11 Part 322 324.11 327.1 Part 328 328.3 Part 329 329.2 Part 330 Part 330 Part 334a 334.11 334.17 335.11 336.16a 336.16a 338.16 Part 341 341.1(b) 343a. 1 343b

1115-0078 1115-0108 1115-0036 1115-0036 1115-0048 1115-0077 1115-0065 1115 0055 1115-0043 1115-0025 1115-0053 1115-0066 1115-0089 1115-0067 1115-0037 1115-0037 1115-0037 1115-0032 1115-0038 1115-0038 1115-0053 1115-0066 1115-0020 1115-0083 1115-0040 1115-0040 1115 0073 1115-0029 1115-0004 1115-0079 1115-0002 1115-0003 1115-0026 1115-0014 1115-0009 1115-0010 1115-0009 1115-0009 1115-0009 1115-0022 1115-0009 1115-0022 1115-0009 1115-0031 1115-0008 1115-0009 1115-0035 1115-0009 1115-0076 1115-0052 1115-0030 1115-0018 1115-0009 1115 0015 1115-0016

8 101.1 Presumption of lawful admis

sion. 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 1, 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

[48 FR 37201, Aug. 17, 1983)

PART 101-PRESUMPTION OF

LAWFUL ADMISSION

Sec. 101.1 Presumption of lawful admission. 101.2 Presumption of lawful admission;

entry under erroneous name or other er

rors. 101.3 Creation of record of lawful permanent

resident status for person born under diplomatic status in the United States.

or

whom there exists a record of his ad- before July 1, 1924, or, while maintainmission to the United States prior to ing another status under which he was July 1, 1924, under the laws and regula- admitted before that date, and his stations formerly applicable to Chinese tus changed to that of a treaty merand who establishes that at the time of chant or treaty trader after that date, his admission he was a merchant, and was maintaining the changed stateacher, or student, and his son or tus at the time his wife or minor son or daughter under 21 wife accom- daughter entered the United States. panying or following to join him; a (f) Citizens of the Philippine Islandstraveler for curiosity or pleasure and (1) Entry prior to May 1, 1934. An alien his accompanying son or daughter who establishes that he entered the under 21 or accompanying wife; a wife United States prior to May 1, 1934, and of a United States citizen; a returning that he was on the date of his entry a laborer; and a person erroneously ad- citizen of the Philippine Islands, promitted as a United States citizen under vided that for the purpose of petisection 1993 of the Revised Statutes of tioning for naturalization he shall not the United States, as amended, his fa- be regarded as having been lawfully adther not having resided in the United mitted for permanent residence unless States prior to his birth.

he was a citizen of the Commonwealth (2) On or after July 1, 1924. A Chinese of the Philippines on July 2, 1946. alien for whom there exists a record of (2) Entry between May 1, 1934, and July his admission to the United States as a 3, 1946. An alien who establishes that member of one of the following classes; he entered Hawaii between May 1, 1934, an alien who establishes that he was and July 3, 1946, inclusive, under the readmitted between July 1, 1924, and provisions of the last sentence of secDecember 16, 1943, inclusive, as a re- tion 8(a)(1) of the Act of March 24, 1934, turning Chinese laborer who acquired as amended, that he was a citizen of lawful permanent residence prior to the Philippine Islands when he entered, July 1, 1924; a person erroneously ad- and that a record of such entry exists. mitted between July 1, 1924, and June (g) Temporarily admitted aliens. The 6, 1927, inclusive, as a United States following aliens who when admitted excitizen under section 1993 of the Re- pressed an intention to remain in the vised Statutes of the United States, as United States temporarily or to pass in amended, his father not having resided transit through the United States, for in the United States prior to his birth; whom records of admission exist, but an alien admitted at any time after who remained in the United States: An June 30, 1924, under section 4 (b) or (d) alien admitted prior to June 3, 1921, exof the Immigration Act of 1924; an alien cept if admitted temporarily under the wife of a United States citizen admit- 9th proviso to section 3 of the Immigrated between June 13, 1930, and Decem- tion Act of 1917, or as an accredited ofber 16, 1943, inclusive, under section ficial of a foreign government, his 4(a) of the Immigration Act of 1924; an suite, family, or guest, or as a seaman alien admitted on or after December 17, in pursuit of his calling; an alien ad1943, under section 4(f) of the Immigra- mitted under the Act of May 19, 1921, as tion Act of 1924; an alien admitted on amended, who was admissible for peror after December 17, 1943, under sec- manent residence under that Act nottion 317(c) of the Nationality Act of withstanding the quota limitation's 1940, as amended; an alien admitted on thereof and his accompanying wife or or after December 17, 1943, as a pref- unmarried son or daughter under 21 erence or nonpreference quota immi- who was admissible for permanent resigrant pursuant to section 2 of that act; dence under that Act notwithstanding and a Chinese or Japanese alien admit- the quota limitations thereof; and an ted to the United States between July alien admitted under the Act of May 1, 1924, and December 23, 1952, both 19, 1921, as amended, who was charged dates inclusive, as the wife or minor under that Act to the proper quota at son or daughter of a treaty merchant the time of his admission or subseadmitted before July 1, 1924, if the hus- quently and who remained so charged. band-father was lawfully admitted to (h) Citizens of the Trust Territory of the the United States as a treaty merchant Pacific Islands who entered Guam prior to

or

as

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

nonimmigrant, provided that the provisions of this paragraph shall not apply to an alien who was exempted from the contract la rer 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 neously 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

a section 4(a) 1924 Act nonquota immigrant on the basis of that naturalization, unless he knowingly 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 Service determination based upon a then prevailing administrative view, provided the State Department or Service knew of the cancellation.

a

or

[23 FR 9119, Nov. 26, 1958, as amended at 24 FR 2583, Apr. 3, 1959; 24 FR 6476, Aug. 12, 1959; 25 FR 581, Jan. 23, 1960; 31 FR 535, Jan. 15, 1966)

erro

8 101.2 Presumption of lawful admis

sion; 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 whose 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 FR 9622, July 4, 1967)

g 101.3 Creation of record of lawful

permanent resident status for per. son born under diplomatic status in

the United States. (a) Person born to foreign diplomat. (1) Status of person. A person born in the United States to a foreign diplomatic officer accredited to the United States, as a matter of international law, is not subject to the jurisdiction of the United States. That person is not a United States citizen under the Fourteenth Amendment to the Constitution. Such a person may be considered a lawful permanent resident at birth.

(2) Definition of foreign diplomatic officer. Foreign diplomatic officer means a person listed in the State Department Diplomatic List, also known as the Blue List. It includes ambassadors, ministers, chargés d'affaires, counselors, secretaries and attachés of embassies and legations as well as members of the Delegation of the Commission of the European Communities. The term also includes individuals with comparable diplomatic status and immunities who are accredited to the United Nations or to the Organization of American States, and other individuals who are also accorded comparable diplomatic status.

(b) Child born subject to the jurisdiction of the United States. A child born in the United States is born subject to the ju

risdiction of the United States and is a United States citizen if the parent is not a "foreign diplomatic officer” as defined in paragraph (a)(2) of this section. This includes, for example, a child born in the United States to one of the following foreign government officials or employees:

(1) Employees of foreign diplomatic missions whose names appear in the State Department list entitled “Employees of Diplomatic Missions Not Printed in the Diplomatic List,” also known as the White List; employees of foreign diplomatic missions accredited to the United Nations or the Organization of American States; or foreign diplomats accredited to other foreign states. The majority of these individuals enjoy certain diplomatic immunities, but they are not “foreign diplomatic officers” as defined in paragraph (a)(2) of this section. The immunities, if any, of their family members are derived from the status of the employees or diplomats.

(2) Foreign government employees with limited or no diplomatic immunity such as consular officials named on the State Department list entitled “Foreign Consular Officers in the United States" and their staffs.

(c) Voluntary registration as lawful permanent resident of person born to foreign diplomat. Since a person born in the United States to a foreign diplomatic officer is not subject to the jurisdiction of the United States, his/her registratid as a lawful permanent resident of the United States is voluntary. The provisions of section 262 of the Act do not apply to such a person unless and until that person ceases to have the rights, privileges, exemptions, or immunities which may be claimed by a foreign diplomatic officer.

(d) Retention of lawful permanent residence. To be eligible for lawful permanent resident status under paragraph (a) of this section, an alien must establish that he/she has not abandoned his/ her residence in the United States. One of the tests for retention of lawful permanent resident status is continuous residence, not continuous physical presence, in the United States. Such a person will not be considered to have abandoned his/her residence in the

of

United States solely by having been ad- claimed residence and physical presmitted to the United States in a non- ence. Affidavits of credible witnesses immigrant classification under para- may also be accepted. Persons unable graph (15)(A) or (15)(G) of section 101(a) to furnish evidence in their own names of the Act after a temporary stay in a may furnish evidence in the names of foreign country or countries on one or parents or other persons with whom several occasions.

they have been living, if affidavits of

the parents or other persons are sub(Secs. 101(a)(20), 103, 262, 264 of the Immigra

mitted attesting to the claimed resition and Nationality Act, as amended; 8

dence and physical presence. U.S.C. 1101(a)(20), 1103, 1302, 1304)

The

claimed family relationship to the (47 FR 940, Jan. 8, 1982]

principle G-4 international organiza8101.4 Registration procedure.

tion officer or employee must be sub

stantiated by the submission The procedure for an application for

verifiable civil documents. creation of a record of lawful perma

(c) Residence and physical presence renent residence and a Permanent Resident Card, Form I-551, for a person eli

quirements. All applicants applying

under sections 101(a)(27)(I) (i), (ii), and gible for presumption of lawful admis

(iii) of the INA must have resided and sion for permanent residence under $101.1 or $ 101.2 or for lawful permanent

been physically present in the United residence as

States for a designated period of time. a person born in the United States to a foreign diplomatic

For purposes of this section only, an officer under $101.3 is described in

absence from the United States to con$ 264.2 of this chapter.

duct official business on behalf of the

employing organization, or approved (Secs. 101(a)(20), 103, 262, 264 of the Immigra

customary leave shall not be subtion and Nationality Act, as amended; 8

tracted from the aggregated period of U.S.C. 1101(a)(20), 1103, 1302, 1304)

required residence or physical presence [47 FR 941, Jan. 8, 1982, as amended at 63 FR

for the current or former G 4 officer or 70315, Dec. 21, 1998]

employee or the accompanying spouse 8 101.5 Special immigrant status for

and unmarried sons or daughters of certain G 4 nonimmigrants.

such officer or employee, provided resi

dence in the United States is main(a) Application. An application for ad

tained during such absences, and the justment to special immigrant status

duty station of the principle G-4 nonunder section 101(a)(27)(I) of the INA shall be made on Form I-485. The appli

immigrant continues to be in the

United States. Absence from cation date of the I-485 shall be the

the date of acceptance by the Service as

United States by the G 4 spouse or unproperly filed. If the application date is

married son or daughter without the other than the fee receipt date it must

principle G-4 shall not be subtracted be noted and initialed by a Service offi

from the aggregate period of residence cer. The date of application for adjust

and physical presence if on customary ment of status is the closing date for

leave as recognized by the intercomputing the residence and physical

national organization employer. Abpresence requirement. The applicant

sence by the unmarried son or daughmust have complied with all require

ter while enrolled in a school outside ments as of the date of application.

the United States will not be counted (b) Documentation. All documents

toward the physical presence requiremust be submitted in accordance with

ment. $ 103.2(b) of this chapter. The applica- (d) Maintenance of nonimmigrant station shall be accompanied by documen- tus. Section 101(a)(27)(I) (i), and (ii) retary evidence establishing the aggre- quires the applicant to accrue the regate residence and physical presence quired period of residence and physical required. Documentary evidence may presence in the United States while include official employment maintaining status as a G 4 or N nonverification, records of official or per- immigrant. Section 101(a)(27)(I)(iii) resonnel transactions or recordings of quires such time accrued only in G-4 events occurring during the period of nonimmigrant status.

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