ted with the application. An application on Form I-90, with two color photographs but without fee, is required for issuance of Form I-551 in the case of a lawful permanent resident who surrenders evidence of registration on other than Form I-151 or I-551; who establishes that such form was never received by him; who is the holder of a Form I-151 or I-551 which is incorrect or in poor condition because of improper lamination and surrenders such form, or in the case of an alien who has attained the age of 14 and is seeking to be registered and fingerprinted pursuant to section 262(b) of the Act and who surrenders evidence of registration previously issued to him; or who is an alien commuter taking up actual permanent residence in the United States. No application or fee is required if Form I-151 or I-551 has been returned to the issuing office, by postal authorities, and is in the applicant's file. An application by an alien within the United States for replacement of evidence of registration shall be submitted to the Service office having jurisdiction over the applicant's place of residence in the United States. Prior to the issuance of Form I-551, all applicants, regardless of age, shall appear at the appropriate Immigration office for interview; placement of fingerprint, and, signature on Form I-89 unless these requirements are waived at the discretion of the district director because of confinement of age, physical infirmity, illiteracy or other compelling reasons. An alien lawfully admitted for permanent residence who is outside the United States shall submit his application for a new Form I-551 in person to the Service officer stationed outside the United States having jurisdiction over the place where the applicant is temporarily sojourning or, if physically present in the area of jurisdiction of an American consular officer where no Service officer is regularly stationed, to such consular officer. An application filed abroad will be forwarded with completed Form I-89 to the district director having jurisdiction over the alien's place of residence in the United States and, if the application is approved, Form I-551 will be transmitted to the Service officer stationed outside the

United States or the American Consular Officer for delivery to the applicant. An alien who files application Form I-90 may be required to appear in person before an Immigration officer prior to adjudication of the appli cation and be interrogated under oath concerning his eligibility for issuance of Form I-551 as evidence of his registration. In addition, the applicant may also be required to present a completed fingerprint card (Form FD-258). If the applicant is outside the United States, such interrogation may be conducted by an Immigration officer or a consular officer. The decision on an application for replacement of evidence of registration shall be made by the district director having jurisdiction over the alien's place of residence in the United States. No appeal shall lie from the decision of the district director denying the application.

(d) Surrender of registration. If an alien is naturalized, dies, permanently departs, or is deported from the United States, or evidence of registration is found by a person other than the one to whom such evidence was issued, the person in possession of the document shall forward it to a Service office.

(e) Fingerprinting waiver. (1) Fingerprinting is waived for nonimmigrant aliens admitted as foreign government officials and employees; international organization representatives, officers and employees; NATO representatives, officers and employees, and holders of diplomatic visas while they maintain such nonimmigrant status. Fingerprinting is also waived for other nonimmigrant aliens, while they maintain nonimmigrant status, who are nationals of countries which do not require fingerprinting of United States citizens temporarily residing therein.

(2) Fingerprinting is waived for every nonimmigrant alien not included in paragraph (e)(1) of the section who departs from the United States within one year of his admission, provided he maintains his nonimmigrant status during that time; each such alien not previously fingerprinted shall apply therefor at once if he remains in the United States in excess of one year.

(3) Every nonimmigrant alien not previously fingerprinted shall apply therefor at once upon his failure to maintain his nonimmigrant status.

(f) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the act and this chapter shall present himself to a Service office for registration in accordance with section 262(b) of the Act, and for fingerprinting unless fingerprinting is waived pursuant to paragraph (e) of this section. He shall submit Form I-90 if he is a lawful permanent resident. If such alien is a lawful permanent resident of the United States and is temporarily absent from the United States when he reaches the age of 14, he shall comply with the foregoing within 30 days of his return to the United States. The alien, if a lawful permanent resident of the United States, shall surrender his prior evidence of alien registration and shall be issued Form I-551 bearing a photograph submitted by him in accordance with the instructions on Form I-90. In the case of an alien who is not a lawful permanent resident, the alien's Form I-94 or I-95 shall be noted to show that he has been registered and the date of registration.

(g) Temporary evidence of registration. Form I-94, appropriately endorsed, may be issued as temporary evidence of registration and lawful admission for permanent residence to a lawful permanent resident alien who is departing temporarily from the United States and has applied on Form I-90 for issuance of Form I-551, if the district director is unable to issue and deliver the Form I-551 prior to the alien's contemplated return to the United States. The alien shall surrender such Form I-94 to the Service upon receipt of Form I-551.

(h) Copy of Form I-94. An attorney or representative as defined in § 1.1 of this chapter who is representing an alien before the Service or the Board may make and retain, solely for information purposes, a copy of the Form I-94 (Arrival-Departure Record) issued to and in the possession of the alien.

Such copy shall not be used for any other purpose.

(Secs. 103, 221, 261-265, 66 Stat. 173, 191, 223-225; 8 U.S.C. 1103, 1201, 1301-1305; sec. 8, 71 Stat. 641; 8 U.S.C. 1201a)

[25 FR 10495, Nov. 2, 1960, as amended at 26 FR 3455, Apr. 22, 1961; 30 FR 1031, Feb. 2, 1965; 30 FR 13862, Nov. 2 1965; 32 FR 9633, July 4, 1967; 33 FR 11354, Aug. 9, 1968; 35 FR 12268, July 31, 1970; 36 FR 16646, Aug. 25, 1971; 38 FR 8591, Apr. 4, 1973; 39 FR 10885, Mar. 22, 1974; 45 FR 32658, May 19, 1980; 45 FR 52143, Aug. 6, 1980]

PART 265-NOTICES OF ADDRESS

§ 265.1 Forms.

The notice of address, change of address, and new address required by section 265 of the Act shall be furnished on the forms prescribed herein, which are available at post offices and at offices of the Service in the United States. The notification of current address shall be made on From I-53 and then mailed to the address indicated thereon. The notification of change of address and new address shall be made on Form AR-11 and then mailed to the address indicated thereon. Form AR-11 shall also be used and mailed to the address indicated thereon by an alien residing in the United States pursuant to a lawful temporary admission when reporting his address at the expiration of each three-month period.

(Secs. 103, 265, 66 Stat. 173, 225; 8 U.S.C. 1103, 1305)

[38 FR 33062, Nov. 30, 1973]

As used in this part, the following terms shall have the meanings specified:

(a) The term "consenting party or privy to the illegal act" means that the person knew of the illegal activity. A person shall be presumed to have knowledge of an illegal activity if the facts and circumstances are such that a person of reasonable diligence would be expected to know of the illegal activity.

(b) The term "conveyance" means a vessel, vehicle, or aircraft as used in section 274(b) of the Act. A trailer shall be considered a vehicle if it is being towed or readily capable of being towed. However, an immobilized house trailer which has been placed on permanent foundations, which is not readily mobile, is not a vehicle subject to seizure.

(c) The term "custodian" means the regional commissioner who under § 274.3 has been designated to receive and maintain in storage all conveyances seized pursuant to the Act.

(d) The term "lienholder" means a person who holds a security interest in a conveyance.

(e) The term "owner" means the person who holds primary and direct title to the conveyance, as opposed to a person who holds a security interest in the conveyance.

(f) The term "person" means an individual, partnership, corporation, joint business enterprise, or other entity capable of owning a conveyance.

(g) The term "record" means an arrest followed by a conviction, except that a single arrest and conviction and the expiration of any sentence imposed as a result of such conviction, all of which occurred more than ten years prior to the date the petitioner acquired his interest in the seized property, shall not be considered a record: Provided, however, That two convictions shall always be considered a record regardless of when the convic tions occurred: And provided further, That the regional commissioner may, in his discretion, consider as constituting a record, an arrest or series of arrests in which the charge or charges were subsequently dismissed for rea sons other than acquittal or lack of

(i) The term "reputation" means repute with a law enforcement agency or among law enforcement officers or in the community generally, including any pertinent neighborhood or other

area.

(j) The term "regional commissioner" means the regional commissioner of the Immigration and Naturalization Service.

(k) The term "seizure" means the act of taking the conveyance into the custody of the Service for the express purpose of forfeiting it in accordance with the provisions of section 274(b) of the Act. Nothing contained in this part shall be construed as prohibited an immigration officer from holding the conveyance temporarily, not to exceed 72 hours, for the purpose of investigating the ownership of the con veyance in order to determine whether such conveyance is subject to seizure under section 274(b)(1) of the Act. Such temporary holdings shall not constitute a seizure within the meaning of section 274(b)(1) of the Act, and no cost shall be incurred by the Government under section 274(b)(2) of the Act by reason of such temporary holding. Such temporary holding shall be without prejudice to the right of the owner to regain possession of the vehi

cle from the Service up until the time when a seizure under this part occurs.

(1) The term "valid lien or other third party of interest" as used in section 274(b)(2) of the Act and this part means a security interest in a vehicle which is held by a person who establishes that he meets the minimum requirements for remission set forth in § 274.12(e), and whose petition for remission submitted under this part has been granted.

(m) The term "attorney fees associated with such seizure and forfeiture" as used in § 274(b)(2) of the Act and this part means Government attorney fees which would otherwise be chargeable as an item of cost to a person seeking to reclaim the conveyance.

(n) The term "costs of transportation" as used in section 274(b)(2) of the Act and this part refers solely to costs of transportation of the conveyance which was done at the request of the U.S. Government and was directly related to the seizure. It shall not include any costs incurred by an owner in transporting the conveyance from the place where the Government makes it available for return to him in accordance with § 274.5 of this part.

(0) Any term not defined in this section shall have the definition set forth in section 101 of the Act and in § 1.1 of this chapter.

$274.2 Officers who will make seizures.

For the purpose of carrying out the provisions of section 274(b) of the Act, all immigration officers are authorized and designated to seize such conveyances as may be subject to seizure thereunder.

$274.3 Custody and other duties of the regional commissioner.

An officer seizing a conveyance under the Act shall store the conveyance in a location designated by the custodian, generally in the judicial district of the seizure. The regional commissioners are designated as custodians to receive and maintain in storage all conveyances seized pursuant to the Act. The regional commissioners are also authorized to dispose of any conveyances pursuant to the Act and any other applicable statutes or regulations relative to disposal, and to per

form such other duties (not inconsistent with the provisions of the Act) regarding such seized conveyances as are imposed on the district directors of the U.S. Customs Service with respect to seizures under the Customs law, including the maintenance of appropriate records concerning the temporary detention, seizure and disposition of seized vehicles.

§ 274.4 Conveyances subject to seizure. Generally, any conveyance which an immigration officer has probable cause to believe has been used in the commission of a violation of section 274(a) of the Act may be subject to seizure. However, a conveyance which has been used in a violation of section 274(a) of the Act is not subject to seizure if:

(a) The owner, master, or other person in charge of the conveyance was not a consenting party or privy to the illegal act; or

(b) The alleged illegal act occurred while the conveyance was in the illegal possession of someone other than the owner as established by the criminal laws of the United States or of any state (as defined in section 101(a)(36) of the Act).

§ 274.5 Return to owner of improperly seized conveyances; opportunity for personal interview.

(a) The Service shall attempt with due diligence to ascertain the ownership of any conveyance held temporarily, in accordance with § 274.1(k) of this part, in order to determine whether such conveyance is subject to seizure under section 274(b)(1) of the Act.

(b) The owner of a conveyance seized hereunder shall be informed that he may, within 72 hours after service of notice of seizure, request a personal interview with an immigration officer (other than the officer who initially encountered the conveyance) at which time the owner may present any evidence and arguments that he might have that the conveyance was not properly seized. If such officer determines that the conveyance was not subject to seizure, the conveyance shall be returned to the owner without any expense (including

the types of expenses set forth in paragraph (c)).

(c) If at any time after a seizure has taken place, the regional commissioner finds that the conveyance was not in fact subject to seizure, the regional commissioner shall immediately notify the owner of the conveyance by letter, return receipt requested, that the conveyance is available for return to him in accordance with the provisions of section 274(b)(2) of the Act. The conveyance shall be made available to the owner at the place of storage or place of seizure, whichever the owner may request. In such cases, the owner shall not incur any expenses, including costs of transportation, storage, damage, and attorney's fees associated with the seizure and forfeiture. In the event that the conveyance involved is the subject of judicial forfeiture proceedings instituted in accordance with section 274(b) of the Act and § 274.11 of this part, the regional commissioner shall immediately notify the U.S. Attorney that the conveyance is required to be returned to the owner in accordance with section 274(b)(2) of the Act, and that judicial forfeiture proceedings must be terminated. The notice to the owner shall also state that if the conveyance remains unclaimed for 60 days following the receipt of the notice provided in this paragraph, it shall be considered to be voluntarily abandoned to the government, and the regional commissioner shall dispose of such conveyance in accordance with the provisions of 40 U.S.C. 304g.

§ 274.6 Appraisal.

The custodian shall appraise the conveyance to determine the domestic value at the time and place of seizure. The domestic value shall be considered the retail price at which such or similar conveyance is freely offered for sale. If there is no market for the conveyance at the place of seizure, the domestic value shall be considered the value in the principal market nearest the place of seizure.

§ 274.7 Notice to registered owner and lienholder of seizure.

Whenever a seizure takes place, notice shall be given to the registered owner(s) and any known lienholder(s)

(a) If the appraised value does no exceed $10,000, the custodian shal cause a notice of the seizure and o the intention to forfeit and sell or oth erwise dispose of the conveyance to be published once a week for at least three successive weeks in a newspape! of general circulation in the judicial district in which the seizure occurred. A copy of this notice shall be sent to the registered owner(s) of the conveyance and to any known lienholder(s) in accordance with § 274.7 of this part.

(b) The notice shall: (1) Describe the conveyance seized and show the motor and serial numbers, if any; (2) state the time, cause, and place of seizure; and (3) state that any person desiring to claim the property may, within 20 days of the date of first publication of the notice, file with the custodian a claim to the conveyance and a bond with satisfactory sureties in the sum of $250; and (4) state that a petition for remission or mitigation may be filed with the regional commissioner in accordance with § 274.12 of this part.

§ 274.9 Requirements as to claim and

bond.

(a) The bond shall be rendered to the United States, with sureties to be approved by the custodian, conditioned that in case of condemnation of the conveyance the obligor shall pay all costs and expenses of the proceedings to obtain such condemnation. If a person certifies under oath that he is unable to pay the $250 bond to obtain a judicial determination of forfeiture, the regional commissioner may waive the bond requirement. When the claim and bond are received by the custodian, he shall, after finding the documents in proper form and the surety satisfactory, immediately trans