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Maintaining G-4 status for this purpose is defined as maintaining qualified employment with a “G” international organization or maintaining the qualifying family relationship with the G 4 international organization officer or employee. Maintaining status as an N nonimmigrant for this purpose requires the qualifying family relationship to remain in effect. Unauthorized employment will not remove an otherwise eligible alien from G 4 status for residence and physical presence requirements, provided the qualifying G 4 status is maintained.

103.31 Notices of subpoenas and emergency

disclosures. 103.32 Information forms. 103.33 Contracting record systems. 103.34 Security of records systems. 103.35 Use and collection of Social Security

numbers. 103.36 Employee standards of conduct with

regard to privacy. AUTHORITY: 5 U.S.C. 552, 552(a); U.S.C. 1101, 1103, 1201, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

SOURCE: 40 FR 44481, Sept. 26, 1975, unless otherwise noted.

(54 FR 5927, Feb. 7, 1989)

PART 103-POWERS AND DUTIES OF

SERVICE OFFICERS, AVAILABILITY OF SERVICE RECORDS

Sec. 103.1 Delegations of authority. 103.2 Applications, petitions, and other doc

uments. 103.3 Denials, appeals, and precedent deci

sions. 103.4 Certifications. 103.5 Reopening or reconsideration. 103.5a Service of notification, decisions, and

other papers by the Service. 103.5b Application for further action on an

approved application or petition. 103.6 Surety bonds. 103.7 Fees. 103.8 Definitions pertaining to availability

of information under the Freedom of In

formation Act. 103.9 Availability of decisions and interpre

tive material under the Freedom of In

formation Act. 103.10 Requests for records under the Free

dom of Information Act. 103.11 Business information. 103.12 Definition of the term “lawfully

present" aliens for purposes of applying for Title II Social Security benefits

under Public Law 104-193. 103.20 Purpose and scope. 103.21 Access by individuals to records

maintained about them. 103.22 Records exempt in whole or in part. 103.23 Special access procedures. 103.24 Requests for accounting of record dis

closure. 103.25 Notice of access decisions; time lim

its. 103.26 Fees for copies of records. 103.27 Appeals from denials of access. 103.28 Requests for correction of records. 103.29 Records not subject to correction. 103.30 Accounting for disclosures.

8 103.1 Delegations of authority.

(a) Deputy Commissioner. Without divesting the Commissioner of any of the powers, duties, and privileges delegated by the Attorney General, coextensive authority is delegated to the Deputy Commissioner. The Deputy Commissioner is delegated responsibility for providing overall supervision and direction to the four Executive Associate Commissioners of the Service.

(b) General Counsel-(1) General. Under the direction and supervision of the Commissioner, the General Counsel is delegated the authority to carry out the duties of the chief legal officer for the Service, and is assisted by the deputy general counsel(s) and staff. The General Counsel advises the Commissioner, the Deputy Commissioner, and staff on legal matters; prepares legislative reports; and assists in litigation. The General Counsel is delegated the authority to oversee the professional activities of all Service attorneys assigned to field offices and to make recommendations to the Department of Justice on all personnel matters involving Service attorneys, including attorney discipline which requires final action or approval by the Deputy Attorney General or other designated Department of Justice official. The General Counsel is delegated authority to perform the functions conferred upon the Commissioner with respect to production or disclosure of material in Federal and state proceedings as provided in 28 CFR 16.24(a).

(2) Regional Counsel. In addition to other legal activities performed under the direction and supervision of the General Counsel, Regional Counsel are

delegated authority within their re- tion and supervision of the Deputy spective regional areas, concurrent Commissioner, the Executive Associate with that of the General Counsel, to Commissioner for Programs is deleperform the functions conferred upon gated authority for policy developthe Commissioner with respect to pro- ment, review and integration of the duction or disclosure of material in Service's enforcement and examinaFederal and state proceedings as pro- tions programs, and for providing genvided in 28 CFR 16.24(a).

eral direction to, and supervision of, (c) Director of Congressional Relations. the Associate Commissioners for EnUnder the direction and supervision of forcement and Examinations. the Commissioner, the Director of Con- (2) Associate Commissioner for Enforcegressional Relations is delegated au- ment-(i) General. Under the direction thority to respond to Congressional in

and supervision of the Executive Assoquiries and advise the Commissioner

ciate Commissioner for Programs, the and staff concerning legislative mat

Associate Commissioner for Enforceters of the Service.

ment is delegated authority and re(d) Director of Public Affairs. Under

sponsibility for program and policy the direction and supervision of the

planning, development, coordination, Commissioner, the Director of Public

evaluation, and staff direction to the Affairs is delegated authority to direct

Border Patrol, Investigations, Detenand coordinate public affairs policy,

tion and Deportation, Intelligence, and public information, news releases, pub

Asset Forfeiture programs, and to imlic liaison, and outreach; to advance

pose administrative fines, penalties, public affairs and Service initiatives

and forfeitures under sections 274, 274A such as naturalization and employer and 274C of the Act. The Associate education; and to produce information

Commissioner for Enforcement is reproducts.

sponsible for providing general direc(e) Director of Internal Audit. Under

tion and supervision to the: the direction and supervision of the

(A) Assistant Commissioner for BorCommissioner, the Director of the Of

der Patrol; fice of Internal Audit is delegated authority to plan, direct, and coordinate

(B) Assistant Commissioner for Inthe Service's internal audit program

vestigations; and compliance review program; to ini

(C) Assistant Commissioner for Detiate and to conduct or direct the con

tention and Deportation; duct of investigations of alleged mis

(D) Assistant Commissioner for Intelmanagement by Service employees; to

ligence; and initiate and to conduct or direct the (E) Director of Asset Forfeiture. conduct of investigations of alleged (ii) Director of Asset Forfeiture. Under misconduct by Service employees, sub- the direction and supervision of the Asject to agreements with the Depart- sociate Commissioner for Enforcement, ment's Office of Professional Responsi- the Director of Asset Forfeiture is delebility and Office of Inspector General gated the authority to direct and co(OIG); to exercise those powers and au

ordinate the Service program under thorities necessary to investigate mat- section 274(b) of the Act which provides ters which are material and relevant to for the seizure and forfeiture of conveythe administration of the Service, in- ances used in violation of section 274(a) cluding the power and authority to ad- of the Act. minister oaths and to take and con- (3) Associate Commissioner for Examisider evidence; to collect information nations. (i) General. Under the direction concerning the efficiency and effective- and supervision of the Executive Assoness of Service operations and pro- ciate Commissioner for Programs, the grams and Service systems to elimi- Associate Commissioner for Examinanate fraud, waste, and abuse in the tions is delegated authority and reworkplace; and to act as the Service's sponsibility for program and policy liaison with outside audit/inspection planning, development, coordination, agencies.

evaluation, and staff direction to the (f) Executive Associate Commissioner for Adjudications and Nationality, InspecPrograms (1) General. Under the direc- tions, Administrative Appeals, Service

or

Center Operations, and Records pro- (K) Applications for issuance of regrams, and to direct and supervise the: entry permits under 8 CFR part 223;

(A) Assistant Commissioner for Adju- (L) Applications for refugee travel dications and Nationality;

documents under 8 CFR part 223; (B) Assistant Commissioner for In- (M) Applications for benefits of secspections;

tion 13 of the Act of September 11, 1957, (C) Assistant Commissioner for Serv- as amended, under $245.3 of this chapice Center Operations;

ter; (D) Assistant Commissioner for (N) Adjustment of status of certain Records; and

resident aliens

to

nonimmigrants (E) Director of Administrative Ap- under $247.12(b) of this chapter; peals.

(0) Applications to preserve resi(ii) Administrative Fines. The Asso

dence for naturalization purposes ciate Commissioner for Examinations under 8316a.21(c) of this chapter; is delegated the authority to impose (P) Applications for certificates of administrative fines under provisions citizenship under $341.6 of this chapter; of the Act in any case which is trans- (Q) Administration cancellation of mitted to the National Fines Office by certificates, documents, and records a district director.

under $342.8 of this chapter; (iii) Appellate Authorities. In addition, (R) Applications for certificates of the Associate Commissioner for Exami- naturalization or repatriation under nations exercises appellate jurisdiction $ 343.1 of this chapter; over decisions on;

(S) Applications for new naturaliza(A) Breaching of bonds under tion citizenship papers under $ 103.6(e);

8 343a.1(c) of this chapter; (B) Petitions for immigrant visa clas- (T) Applications for special certifisification based on employment or as a cates of naturalization under special immigrant

or

entrepreneur 8 343b.11(b) of this chapter; under $8 204.5 and 204.6 of this chapter (U) (Reserved] except when the denial of the petition (V) Petitions to classify Amerasians is based upon lack of a certification by under Public Law 97-359 as the children the Secretary of Labor under section of United States citizens; 212(a)(5)(A) of the Act;

(W) Revoking approval of certain pe(C) Indochinese refugee applications titions, as provided in $8214.2 and 214.6 for adjustment of status under section of this chapter; 103 of the Act of October 28, 1977;

(X) Orphan petitions under 8 CFR (D) Revoking approval of certain pe- 204.3; titions under $205.2 of this chapter.; (Y) Applications for advance process

(E) Applications for permission to re- of orphan petitions under 8 CFR 204.3; apply for admission to the United (Z) Invalidation of a temporary labor States after deportation or removal certification issued by the governor of under $212.2 of this chapter;

Guam under $214.2(h)(3)(v) of this chap(F) Applications for waiver of certain ter; grounds of excludability under $212.7(a) (AA) Application for status as temof this chapter;

porary or permanent resident under (G) Applications for waiver of the $$ 245a.2 or 245a.3 of this chapter; two-year foreign residence requirement (BB) Application for status as temunder $212.7(c) of this chapter;

porary resident under $210.2 of this (H) Petitions for approval of schools chapter; under $214.3 of this chapter;

(CC) Termination of status as tem(I) Decisions of district directors re- porary resident under $210.4 of this garding withdrawal of approval of chapter; schools for attendance by foreign stu- (DD) Termination of status as temdents under $ 214.4 of this chapter;

porary resident under $245a.2 of this (J) Petitions for temporary workers chapter; or trainees and fiancees or fiances of (EE) Application for waiver of U.S. citizens under $8214.2 and 214.6 of grounds of excludability under Parts this chapter;

210, 210a, and 245a of this chapter;

(FF) Application for status of certain Cuban and Haitian nationals under section 202 of the Immigration Reform and Control Act of 1986;

(GG) A self-petition filed by a spouse or child based on the relationship to an abusive citizen or lawful permanent resident of the United States for classification under section 201(b)(2)(A)(i) of the Act or section 203(a)(2)(A) of the Act;

(HH) Application for Temporary Protected Status under part 244 of this chapter;

(II) Petitions for special immigrant juveniles under part 204 of this chapter;

(JJ) Applications for adjustment of status under part 245 of this title when denied solely because the applicant failed to establish eligibility for the bona fide marriage exemption contained in section 245(e) of the Act;

(KK) Petition for Armed Forces Special Immigrant under $ 204.9 of this chapter;

(LL) Request for participation as a regional center under $ 204.6(m) of this chapter;

(MM) Termination of participation of regional center under $ 204.6(m) of this chapter.

(iv) Director of the National Fines Office. Under the direction of the Assistant Commissioner for Inspections, the Director of the National Fines Office has program, administrative, and supervisory responsibility for all personnel assigned to the National Fines Office. The Director of the National Fines Office is delegated the authority by the Associate Commissioner for Examinations to impose fines, penalties, and liquidated damages under sections 214, 231, 233, 237, 238, 239, 243, 251, 252, 253, 254, 255, 256, 257, 258, 271, 272, 273 and 274C of the Act.

(v) Service Center directors. Under the direction and supervision of the Assistant Commissioner for Service Center Operations, the service center directors are delegated the authority to control all activities conducted within their offices and supervisory responsibility for all personnel assigned to their offices. Center directors are delegated the authority to grant or deny any application or petition submitted to the Service, except for matters delegated to asylum officers pursuant to part 208

and 8 253.1(f) of this chapter, or exclusively delegated to district directors.

(g) Executive Associate Commissioner for Field Operations—(1) General. Under the direction and supervision of the Deputy Commissioner, the Executive Associate Commissioner for Field Operations is delegated authority and responsibility for implementing policies of the Service's field operations, and for providing general direction to and supervision of the regional directors and the Director of International Affairs.

(2) Regional directors—(i) General. Under the direction and supervision of the Executive Associate Commissioner for Field Operations, the regional directors are delegated authority and responsibility for the Service's field operations within their respective geographical areas, and for providing direction to and supervision of the district directors and chief patrol agents within their respective regions.

(ii) District directors. (A) District directors of offices located within the United States are under the direction and supervision of the regional director. District directors of foreign offices are under the direction and supervision of the Director of International Affairs. District directors are delegated authority to control all activities conducted within their offices and to supervise all personnel, except Service attorneys, assigned to their offices.

(B) District directors are delegated the authority to grant or deny any application or petition submitted to the Service, except for matters delegated to asylum officers pursuant to part 208 and $253.1(f) of this chapter, or exclusively delegated to service center directors, to initiate any authorized proceeding in their respective districts, and to exercise the authorities under 88 242.1(a), 242.2(a) and 242.7 of this chapter without regard to geographical limitations. District directors are delegated authority to conduct the proceeding provided for in $252.2 of this chapter.

(C) Applications filed for special agricultural worker or legalization status pursuant to sections 210 and 245a of the Act, respectively, may be approved by the district director having jurisdiction of the office where a second interview is required by the service center, if the alien in the second interview can establish eligibility for approval. District directors may deny applications for special agricultural worker or legalization status at offices under their jurisdiction.

(D) Officers in charge—(1) General. Under the direction and supervision of the district director, officers in charge are delegated authority to control all activities conducted within their offices and to supervise all personnel assigned to their office. Officers in charge direct inspection activities at ports-of-entry and the authorization of extensions of nonimmigrant admission periods and of voluntary departure prior to the commencement of deportation hearings. The Officers in charge in the places enumerated in $212.1(i) of this chapter are delegated the authority to act on requests for waiver of visa and passport requirements under the provisions of section 212(d)(4)(A) of the Act.

The offices located in Oranjestaad, Aruba; Calgary, Alberta, Canada; Edmonton, Alberta, Canada; Freeport, Bahamas; Hamilton, Bermuda; Nassau, Bahamas; Shannon, Ireland; Toronto, Ontario, Canada; Vancouver, British Columbia, Canada; Victoria, British Columbia, Canada; Winnipeg, Manitoba, Canada; Dublin, Ireland; and such other preinspection or preclearance sites as the Service may establish in the future, are delegated authority to perform the function of preinspection of passengers and crews on aircraft and surface vessels, as appropriate, which are departing directly to the United States mainland.

(3) The Officer in charge of the office in Montreal, Canada, is authorized to perform preinspection of passengers and crew of aircraft departing directly to the United States mainland and to authorize or deny waivers of grounds of excludability under section 212 (h) and (i) of the Act; also, to approve or deny applications for permission to reapply for admission to the United States after deportation or removal, when filed in conjunction with an application for waiver of grounds of exclud

ability under section 212 (h) or (i) of the Act.

(iii) Chief patrol agents. Under the direction and supervision of a regional director, chief patrol agents are delegated authority to direct the Border Patrol activities of the Service within their respective sectors, including exercising the authority in section 242(b) of the Act to permit aliens to depart voluntarily from the United States prior to commencement of a hearing.

(3) Director of International Affairs-(i) General. Under the direction and supervision of the Executive Associate Commissioner for Field Operations, the Director of International Affairs is delegated authority to direct and supervise the foreign office district directors, to maintain the integrity and efficiency of the Service's international operations, and to administer programs related to refugee, asylum, and parole benefits. The Director of International Affairs is also responsible for the direction and supervision of overseas preinspection at sites, if any, for which the Commissioner has specifically delegated inspection authority to the Office of International Affairs. The Director serves as the principal liaison with foreign governments and other agencies of the United States in overseas locations.

(ii) Asylum officers. Asylum officers constitute a professional corps of officers who serve under the supervision and direction of the Director of International Affairs and shall be specially trained as required in $208.1(b) of this chapter. Asylum officers are delegated the authority to hear and adjudicate credible fear of persecution determinations under section 235(b)(1)(B) of the Act, applications for asylum and for withholding of removal, as provided under 8 CFR part 208, and applications for suspension of deportation and special rule cancellation of removal, as provided under 8 CFR part 240, subpart

(2)

H.

(iii) Officer in Charge. The officers in charge of the offices located at Athens, Greece; Mexico City, Mexico; Ciudad Juarez, Mexico; Rome, Italy; Frankfurt, Germany; Moscow, Russia; Vienna, Austria; Tegucigalpa, Honduras; Bangkok, Thailand; Hong Kong, BCC; London, England; Manila, Philippines;

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