apply when an alien has passed in direct and continuous transit through such areas. When the Secretary of Labor determines and announces that a labor dispute involving a work stoppage or layoff of employees is in progress at a named place of employment, Form I-151 shall be invalid when presented in lieu of an immigrant visa or reentry permit by an alien who has departed for and seeks reentry from any foreign place and who, prior to his departure or during his temporary absence abroad has in any manner entered into an arrangement to return to the United States for the primary purpose, or seeks reentry with the intention, of accepting employment at the place where the Secretary of Labor has determined that a labor dispute exists, or of continuing employment which commenced at such place subsequent to the date of the Secretary of Labor's determination.

(2) Reentry permit. In lieu of an immigrant visa, an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad may present a valid, unexpired reentry permit duly issued to him. A lawful permanent resident alien who, prior to his departure from the United States for a temproray absence abroad, intends to travel to, in, or through any restricted place or places named in subparagraph (1) of this paragraph shall apply for a reentry permit. A reentry permit shall be invalid when presented by an alien who, during his temporary absence abroad, traveled to, in, or through any restricted place or places named in subparagraph (1) of this paragraph, unless his permit bears an endorsement, or he presents a letter issued to him by an officer of the Service, or by the Department of State, stating that the restriction with respect to any such place or places has been waived. With respect to Albania, Cuba, Outer Mongolia, and Communist portions of China, Korea, and Viet-Nam, a waiver of the restriction will not be authorized unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places.

(3) Waiver of visas. An immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad who satisfies the district director in charge of the port of entry that there is

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good cause for his failure to present an immigrant visa, Form I-151, or reentry permit may, upon application on Form I-193, be granted a waiver of that requirement. If the alien has traveled to, in, or through Albania, Cuba, Outer Mongolia, or Communist portions of China, Korea, or Viet-Nam, a waiver will not be authorized unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places.

(c) Immigrants having occupational status defined in section 101(a) (15) (A), (E), or (G) of the Act. An immigrant visa, reentry permit, or Form I-151 shall be invalid when presented by an alien who has an occupational status under section 101 (a) (15) (A), (E), or (G) of the Act, unless he has previously submitted, or submits at the time he applies for admission to the United States, the written waiver required by section 247(b) of the Act and Part 247 of this chapter.

[31 F.R. 13387, Oct. 15, 1966, as amended at 32 F.R. 408, Jan. 14, 1967; 32 F.R. 8378, June 10, 1967; 32 F.R. 11516, Aug. 10, 1967]

A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his immigrant visa shall be presented by each immigrant except an immigrant who (a) is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States, or (b) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided the child's application for admission to the United States is made within two years of his birth, the child is accompanied by his parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States, or (c) is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad, or (d) is a stateless person or a person who because of his opposition to Communism is unwilling or unable to obtain a passport from the country of his nationality or is the accompanying spouse or unmarried son or daughter of such immigrant, or (e) is a third-preference quota immi

grant, or (f) is a member of the Armed Forces of the United States, or (g) satisfies the district director in charge of the port of entry that there is good cause for failure to present the required document, in which case an application for waiver shall be made on Form I-193.

[29 F.R. 10578, July 30, 1964, as amended at 30 F.R. 14776, Nov. 30, 1965]

§ 211.3 Expiration of immigrant_visas, reentry permits, and Forms I-151. An immigrant visa, reentry permit, or Form I-151 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his immigrant visa or reentry permit or, with respect to Form I-151, before the first anniversary of the date on which he departed from the United States, provided that the vessel or aircraft on which he so embarked or enplaned arrives in the United States or foreign contiguous territory on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.

[29 F.R. 10578, July 30, 1964]

§ 211.4 Inapplicability of section 212 (a) (24) to certain immigrants. The provisions of section 212(a) (24) of the Act do not apply to an immigrant who is native of an adjacent island or of foreign contiguous territory and who is seeking admission from any adjacent island or foreign contiguous territory, or who proceeded from one adjacent island or foreign contiguous territory to another by means of a transportation line signatory to a contract pursuant to section 238 (a) or (b) of the Act and Part 238 of this chapter and who is seeking admission from the last island or territory, regardless of the method of entry into the first island or territory.

[29 F.R. 12583, Sept. 4, 1964]

§ 211.5 Recording the entry of certain immigrant children admitted without immigrant visas.

When an immigrant alien who: (a) Is a child born subsequent to the issuance of an immigrant visa to his accompanying parent; or (b) is a child born during the temporary visit abroad of a mother

212.7 Waiver of certain grounds of excludability.

212.8 Certification requirement of section 212 (a) (14).

AUTHORITY: The provisions of this Part 212 issued under secs. 101, 103, 212, 214, 235, 236, 238, 242, 66 Stat. 166, 173, 182, as amended, 189, 198, 200, 202, 208, as amended, 8 U.S.C. 1101, 1103, 1182, 1184, 1225, 1226, 1228, 1252, 1182b, 1182c.

§ 212.1 Documentary requirements for nonimmigrants.

A valid unexpired visa and an unexpired passport, valid for the period set forth in section 212 (a) (26) of the Act, shall be presented by each arriving nonimmigrant alien except that the passport validity period for an applicant for admission who is a member of a class described in section 102 of the Act is not required to extend beyond the date of his application for admission if so admitted, and except as otherwise provided in the Act, this chapter, and for the following classes:

(a) Canadian nationals, and aliens having a common nationality with nationals of Canada or with British subjects in Bermuda. A visa is not required of a Canadian national, and a passport is not required of such a national except after a visit outside of the Western Hemisphere. A visa is not required of an alien having a common nationality with Canadian nationals or with British subjects in Bermuda, who has his residence in Canada or Bermuda, and a

passport is not required of such an alien except after a visit outside of the Western Hemisphere. A visa and a passport are required of a British subject who has his residence in the Bahamas except that a visa is not required of such an alien who, prior to or at the time of embarkation for the United States on a vessel or aircraft, satisfied the examining United States immigration officer at Nassau, Bahamas, that he is clearly and beyond a doubt entitled to admission in all other respects. A visa is not required of a British subject who has his residence in, and arrives directly from the Cayman Islands, and who presents a certificate from the clerk of court of the Cayman Islands stating what, if anything, the court's criminal records show concerning him, and a certificate from the Office of Administrator of the Cayman Islands stating what, if anything, its records show with respect to his political associations or affiliations.

(b) British, French, and Netherlands nationals, and nationals of certain adjacent islands of the Caribbean which are independent countries. A visa is not required of a British, French, or Netherlands national, or a national of Jamaica, Trinidad and Tobago, or Barbados, who has his residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or in Jamaica, Trinidad and Tobago, or Barbados, for admission or stay in Puerto Rico, the Virgin Islands of the United States, or as an agricultural worker in the United States.

(c) Mexican nationals. A visa and a passport are not required of a Mexican national who is a military or civilian official or employee of the Mexican national, state, or municipal government, or a member of the family of any such official or employee; or is in possession of a border crossing card on Form I-186 and is applying for admission as a temporary visitor for business or pleasure from contiguous territory; or is entering solely for the purpose of applying for a Mexican passport or other official Mexican document at a Mexican consular office on the United States side of the border. A visa is not required of a Mexican national who is in possession of a border crossing card and is applying for admission to the United States as a temporary visitor for business or pleasure from other than contiguous territory. A visa is not required of a Mexican national who is a crewman employed on an

aircraft belonging to a Mexican company authorized to engage in commercial transportation into the United States.

(d) Natives and residents of the Trust Territory of the Pacific Islands. A visa and a passport are not required of a native and resident of the Trust Territory of the Pacific Islands who has proceeded in direct and continuous transit from the Trust Territory to the United States.

(e) Direct transits—(1) Transit without visa. A passport and visa are not required of an alien who is being transported in immediate and continuous transit through the United States in accordance with the terms of an agreement entered into between the transportation line and the Service under the provisions of section 238 (d) of the Act on Form I-426 to insure such immediate and continuous transit through, and departure from, the United States en route to a specifically designated foreign country: Provided, That such alien is in possession of a travel document or documents establishing his identity and nationality and ability to enter some country other than the United States. This waiver of visa and passport requirements is not available to an alien who is a citizen of Albania, Communist-controlled China ("Chinese Peoples' Republic"), Cuba, North Korea ("Democratic Peoples' Republic of Korea"), North Viet Nam ("Democratic Republic of Viet Nam"), Outer Mongolia ("Mongolian Peoples' Republic"), or the Soviet Zone of Germany ("German Democratic Republic") and is a resident of one of said countries, and is, on a basis of reciprocity, available to a national of Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania or the Union of Soviet Socialist Republics resident in one of said countries, only if he is transiting the United States by aircraft of a transportation line signatory to an agreement with the Service on Form I-426 on a direct through flight which will depart directly to a foreign place from the port of arrival.

(2) Foreign government officials in transit. If an alien is of the class described in section 212(d) (8) of the Act only a valid unexpired visa and a travel document valid for entry into a foreign country for at least 30 days from the date of admission to the United States are required.

(f) Unforeseen emergency. A visa and a passport are not required of a nonimmigrant who, either prior to his embarkation at a foreign port or place or at the time of arrival at a port of entry in the United States, satisfies the district director at the port of entry (after consultation with and concurrence by the Director of the Visa Office of the Department of State) that, because of an unforseen emergency, he was unable to obtain the required documents, in which case a waiver application shall be made on Form I-193. The district director or the Assistant Commissioner, Examinations, may at any time revoke a waiver previously authorized pursuant to this paragraph and notify the nonimmigrant in writing to that effect. Any waiver of the visa requirement heretofore or hereafter granted pursuant to section 212(d) (4) (A) of the Act in the case of a national or resident of Cuba who embarks for the United States on or after November 16, 1963, shall not be valid unless such national or resident proceeds directly from Cuba to the United States and has been inspected in Cuba by offcials of the United States Immigration and Naturalization Service and of the United States Public Health Service immediately prior to his departure for the United States, irrespective of whether such national or resident had prior notice of these conditions.

(g) [Reserved]

(h) Nonimmigrants reentering the United States from Canada prior to November 15, 1967. A visa is not required of a nonimmigrant reentering the United States prior to November 15, 1967, after a brief visit to Canada, whose visa has expired or has been used for the authorized number of entries, provided such alien had maintained his status while in the United States. This waiver does not apply to a nonimmigrant whose admission had been authorized under section 212(d) (3) (A) of the Act.

(i) Officers authorized to act upon recommendations of United States consular officers for waiver of visa and passport requirements. All district directors, the officers in charge at Blaine, Wash.; Noyes, Minn.; Niagara Falls, N.Y.; Calexico, Calif.; San Diego Border Station, Calif.; San Diego, Calif.; Douglas, Ariz.; Naco, Ariz.; Nogales, Ariz.; San Luis, Ariz.; Brownsville, Tex.; Del Rio, Tex.; Eagle Pass, Tex.; Hidalgo, Tex.; Laredo, Tex., and Roma, Tex., and all officers in charge of Service offices outside the

United States are authorized to act upon recommendations made by U.S. consular officers or by officers of the Visa Office, Department of State, pursuant to the provisions of 22 CFR 41.7 for waiver of visa and passport requirements under the provisions of section 212(d) (4) (A) of the Act. The District Director at Washington, D.C., has jurisdiction in such cases recommended to the Service at the seat of Government level by the Department of State. Neither an application nor fee are required if the concurrence in a passport or visa waiver is requested by a U.S. consular officer or by an officer of the Visa Office. The district director or the Deputy Associate Commissioner, Travel Control, may at any time revoke a waiver previously authorized pursuant to this paragraph and notify the nonimmigrant alien in writing to that effect.

(j) Cancellation of nonimmigrant visas by immigration officers. Upon receipt of advice from the Department of State that a nonimmigrant visa has been revoked or invalidated, and request by that Department for such action, immigration officers shall place an appropriate endorsement thereon.

[23 F.R. 7465, Sept. 25, 1958, as amended at 23 F.R. 9122, Nov. 26, 1958; 26 F.R. 12066, Dec. 16, 1961; 27 F.R. 2360, Mar. 13, 1962; 27 F.R. 7627, Aug. 2, 1962; 28 F.R. 11533, Oct. 30, 1963; 28 F.R. 12202, Nov. 16, 1963; 30 F.R. 10184, Aug. 17, 1965; 31 F.R. 10957, Aug. 18, 1966; 31 F.R. 14674, Nov. 18, 1966; 32 F.R. 3731, Mar. 4, 1967; 32 F.R. 7743, May 27, 1967; 32 F.R. 8707, June 17, 1967; 32 F.R. 9625, July 4, 1967; 32 F.R. 10433, July 15, 1967; 32 F.R. 13755, Oct. 3, 1967]

§ 212.2

Consent to reapply for admission after deportation, removal, or departure at Government expense.

An application for permission to reapply for admission to the United States after deportation or removal and to remove the bar to inadmissibility contained in paragraph (16) or (17) of section 212 (a) of the Act shall be made through the consular officer, and may be granted only in accordance with section 212(d) (3) (A) of the Act and § 212.4(a), when the alien is seeking temporary admission to the United States and is or will be an applicant for a nonimmigrant visa at a consular office. In all other cases, the application for permission to reapply shall be made on Form I-212 as indicated hereafter. If the applicant is abroad or is in the United States seeking advance permission to reapply prior to his departure from the United States, the appli

cation shall be filed with the district director having jurisdiction over the place where the deportation or removal proceedings were held; however, an alien who is abroad and is filing Form I-212 in conjunction with a request for a waiver under section 212 (g), (h), or (i), of the Act, or an alien who is in the United States and will file application for a waiver under section 212 (g), (h), or (i), with an American consul, should file Form I-212 and the application for the waiver simultaneously with the American consul. If the applicant is seeking admission to the United States at a port of entry, he shall file the application with the district director having jurisdiction over that port. When the applicant is within the United States and is concurrently applying to the district director for adjustment of status under section 245 of the Act and Part 245 of this chapter, he shall file Form I-212 with the district director having jurisdiction over his application for adjustment of status. An applicant who has submitted Form I-212 shall be notified of the decision and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. Denial of the application shall be without prejudice to the renewal of the application in the course of proceedings before a special inquiry officer under section 242 of the Act and this chapter. An application on Form I-212, submitted in conjunction with an application for adjustment of status under section 245 of the Act which has been initiated, renewed, or is pending in a proceeding before a special inquiry officer, shall be filed by the applicant at the office of the district director having geographical jurisdiction over the place where the applicant resides, and shall be referred to the special inquiry officer for adjudication. The approval of a Form I-212 application filed by an alien seeking admission to the United States at a port of entry, or by an alien in conjunction with an application for adjustment of status under section 245 of the Act, shall be considered as retroactive to the date on which the alien embarked or reembarked at a place outside the United States or attempted to be admitted from foreign contiguous territory. The approval of an application filed by an alien whose departure will execute an order of deportation shall be conditioned upon his departure from the United

States; otherwise, the approval shall not be conditioned or limited. However, the grant of permission to reapply does not waive inadmissibility under section 212 (a) (16) or (17) of the Act resulting from exclusion, deportation, or removal proceedings which are instituted subsequent to the date permission to reapply is granted.

[28 F.R. 4251, Apr. 30, 1963, as amended at 30 F.R. 3200, Mar. 9, 1965; 30 F.R. 14526, Nov. 20, 1965; 30 F.R. 14776, Nov. 30, 1965; 31 F.R. 2373, Feb. 4, 1966; 32 F.R. 9625, July 4, 1967] § 212.3 Application for the exercise of discretion under section 212(c).

An application for the exercise of discretion under section 212(c) of the act shall be submitted on Form I-191 to the district director in charge of the area in which the applicant's intended or actual place of residence in the United States is located prior to, at the time of, or at any time subsequent to the applicant's arrival in the United States. The applicant shall be notified of the decision and if the application is denied of the reason therefor and of his right to appeal to the Board within 15 days after the mailing of the notification of decision in accordance with the provisions of Part 3 of this chapter. If denied, the denial shall be without prejudice to renewal of the application in the course of proceedings before a special inquiry officer under sections 235, 236, and 242 of the act and this chapter. An application for the exercise of discretion under section 212(c) of the Act may be submitted by the applicant to a special inquiry officer in the course of proceedings before him under sections 235, 236, and 242 of the Act and this chapter, and shall be adjudicated by the special inquiry officer in such proceedings, regardless of whether the applicant has made such application previously to the district director. When an appeal may not be taken from a decision of a special inquiry officer excluding an alien, but the alien has applied for the exercise of discretion under section 212(c) of the act, the alien may appeal to the Board from a denial of such application in accordance with the provisions of § 236.5 (b) of this chapter. [23 F.R. 141, Jan. 8, 1958, as amended at 23 F.R. 2670, Apr. 23, 1958; 23 F.R. 9122, Nov. 26, 1958; 30 F.R. 14526, Nov. 20, 1965]

§ 212.4 Applications for the exercise of discretion under section 212(d) (3). (a) Applications under section 212(d) (3) (A). District directors in the United