States and officers in charge outside the United States in the Manila, Philippines; Frankfurt, Germany; Mexico, D.F., Mexico; and Rome, Italy districts are authorized to act upon recommendations made by consular officers for the exercise of discretion under section 212(d) (3) (A) of the Act. The District Director, Washington, D.C., has jurisdiction in such cases recommended to the Service at the seat-of-government level by the Department of State. When a consular officer or other State Department official recommends that the benefits of section 212(d) (3) (A) of the Act be accorded an alien, neither an application nor fees shall be required. The recommendation shall specify (1) the reasons for inadmissibility and each section of law under which the alien is inadmissible; (2) each intended date of arrival; (3) the length of each proposed stay in the United States; (4) the purpose of each stay; (5) the number of entries which the alien intends to make, and (6) the justification for exercising the authority contained in section 212(d) (3) of the Act. If the alien desires to make multiple entries and the consular officer or other State Department official believes that the circumstances justify the issuance of a visa valid for multiple entries rather than for a specified number of entries, and recommends that the alien be accorded an authorization valid for multiple entries, the information required by items (2) and (3) shall be furnished only with respect to the initial entry. Item (2) does not apply to a bona fide crewman. The consular officer or other State Department official shall be notified of the decision on his recommendation. No appeal by the alien shall lie from an adverse decision made by a Service officer on the recommendation of a consular officer or other State Department official.

(b) Applications under section 212 (d) (3) (B). An application for the exercise of discretion under section 212(d) (3) (B) of the Act shall be submitted on Form I-192 to the district director in charge of the applicant's intended port of entry prior to the applicant's arrival in the United States. (For Department of State procedure when a visa is required, see 22 CFR 41.95 and paragraph (a) of this section.) If the application is made because the applicant may be inadmissible due to present or past membership in or affiliation with any Communist or other

totalitarian party or organization, there shall be attached to the application a written statement of the history of the applicant's membership or affiliation, including the period of such membership or affiliation, whether the applicant held any office in the organization, and whether his membership or affiliation was voluntary or involuntary. If the applicant alleges that his membership or affiliation was involuntary, the statement shall include the basis for that allegation. When the application is made because the applicant may be inadmissible due to disease, mental or physical defect, or disability of any kind, the application shall describe the disease, defect, or disability. If the purpose of seeking admission to the United States is for treatment, there shall be attached to the application statements in writing to establish that satisfactory treatment cannot be obtained outside the United States; that arrangements have been completed for treatment, and where and from whom treatment will be received; what financial arrangements for payment of expenses incurred in connection with the treatment have been made, and that a bond will be available if required. When the application is made because the applicant may be inadmissible due to the conviction of one or more crimes, the designation of each crime, the date and place of its commission and of the conviction thereof, and the sentence or other judgment of the court shall be stated in the application; in such a case the application shall be supplemented by the official record of each conviction, and any other documents relating to commutation of sentence, parole, probation, or pardon. If the application is made at the time of the applicant's arrival to the district director at a port of entry, the applicant shall establish that he was not aware of the ground of inadmissibility and that it could not have been ascertained by the exercise of reasonable diligence, and he shall be in possession of a passport and visa, if required, or have been granted a waiver thereof. The applicant shall be notified of the decision and if the application is denied of the reasons 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 and 236 of the Act and this chapter. 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(d) (3) (B) 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.

(c) Terms of authorization. Each authorization under section 212(d) (3) (A) or (B) of the Act shall specify (1) the reasons for inadmissibility and each section of law under which the alien is inadmissible; (2) the intended date of each arrival; (3) the length of each stay authorized in the United States; (4) the purpose of each stay; (5) the number of entries for which the authorization is valid; (6) the dates on or between which each application for admission at ports of entry in the United States is valid, and (7) the justification for exercising the authority contained in section 212(d) (3) of the Act. If the consular officer has recommended under section 212(d) (3) (A), or an applicant under section 212(d) (3) (B) seeks, the issuance of an authorization valid for multiple entries rather than for a specified number of entries, and it is determined that the circumstances justify the issuance of the authorization valid for multiple entries, the information required by items (2) and (3) shall be specified only with respect to the initial entry. Item (2) does not apply to a bona fide crewman. Authorizations granted to crewmen may be valid for a maximum period of two years for applications for admission at United States ports of entry and may be valid for multiple entries. An authorization issued in conjunction with an application for a nonresident alien border crossing card shall be valid for a period not to exceed the validity of such card for applications for admission at United States ports of entry and shall be valid for multiple entries. All other authorizations shall not authorize any application for admission on any date later than 6 months from the date the authorization is issued and shall be valid for applications for admission at United States ports of entry only in accordance with the terms therein, except that when multiple entries have been approved the authorization may be made valid for a maximum period of 1 year. The period

for which the alien's admission is authorized pursuant to item (3) shall not exceed the period justified, subject to the limitations specified in Part 214 of this chapter for each class of nonimmigrants. Each authorization shall specify that it is subject to revocation at any time. Unless the alien applies for admission during the period of validity of the authorization, a new authorization is required. An authorization may not be revalidated.

(d) Group waivers of inadmissibility under section 212 (a) (28) for attendance at international conferences. Pursuant to the recommendation of the Secretary of State that a group waiver of inadmissibility under section 212(a) (28) of the Act be granted to permit the entry of nonimmigrant aliens and their accompanying family members to attend international conferences, the Assistant Commissioner, Examinations, may enter an order waiving that ground of inadmissibility and specifying the terms and conditions of the admission and stay of the alien beneficiaries of the waiver. No application or fee shall be required of any alien beneficiary.

(e) Inadmissibility of a nonimmigrant under section 212(a) (24). Pursuant to the authority contained in section 212 (d) (3) of the Act, the ground of inadmissibility contained in section 212(a) (24) of the Act is waived for any nonimmigrant.

(f) Action upon alien's arrival. Upon admitting an alien who has been granted the benefits of section 212(d) (3 (A) of the Act, the immigration officer shall be guided by the conditions and limitations imposed in the authorization and noted by the consular officer in the alien's passport. When admitting any alien who has been granted the benefits of section 212 (d) (3) (B) of the Act, the immigration officer shall note on the arrival-departure record, Form I-94, or crewman's landing permit, Form I-95, issued to the alien, the conditions and limitations imposed in the authorization.

(g) Authorizations issued to crewmen without limitation as to period of validity. When a crewman who has a valid section 212(d) (3) authorization without any time limitation comes to the attention of the Service, his travel document shall be endorsed to show that the validity of his section 212(d) (3) authorization expires as of a date six months thereafter, and any previously-issued

Form I-184 shall be lifted and Form I-95 shall be issued in its place and similarly endorsed.

(h) Revocation. The Deputy Associate Commissioner, Travel Control, or the district director may at any time revoke a waiver previously authorized under section 212(d) (3) of the Act and shall notify the nonimmigrant in writing to that effect.

[29 F.R. 15252, Nov. 13, 1964, as amended at 30 F.R. 12330, Sept. 28, 1965; 30 F.R. 14526, Nov. 20, 1965; 31 F.R. 10413, Aug. 3, 1966; 32 F.R. 271, Jan. 11, 1967; 32 F.R. 9625, July 4, 1967; 32 F.R. 15469, Nov. 7, 1967]

§ 212.5 Parole of aliens into the United States.

(a) General. The district director in charge of a port of entry may, prior to examination by an immigration officer, or subsequent to such examination and pending a final determination of admissibility in accordance with sections 235 and 236 of the Act and this chapter, or after a finding of inadmissibility has been made, parole into the United States temporarily in accordance with section 212(d) (5) of the Act any alien applicant for admission at such port of entry under such terms and conditions, including the exaction of a bond on Form I-352, as such officer shall deem appropriate. At the expiration of the period of time or upon accomplishment of the purpose for which parole was authorized or when in the opinion of the district director in charge of the area in which the alien is located that neither emergency nor public interest warrants the continued presence of the alien in the United States, parole shall be terminated upon written notice to the alien and he shall be restored to the status which he had at the time of parole, and further inspection or hearing shall be conducted under section 235 or 236 of the Act and this chapter, or any order of exclusion and deportation previously entered shall be executed. If the exclusion order cannot be executed by deportation within a reasonable time, the alien shall again be released on parole unless in the opinion of the district director the public interest requires that the alien be continued in custody.

(b) Advance authorization. When parole is authorized for an alien who will travel to the United States without a visa, the alien shall be issued Form I-512. [30 F.R. 4411, Apr. 6, 1965, and 30 F.R. 14776, Nov. 30, 1965, as amended at 32 F.R. 9625, July 4, 1967]

§ 212.6 Nonresident alien border crossing cards.

(a) Use. A Canadian nonresident alien border crossing card on Form I-185 may be presented by a Canadian citizen or British subject residing in Canada to facilitate entry at a United States port of entry. When presented by the rightful holder, Form I-185 is valid for admission in accordance with the terms noted thereon. A Mexican nonresident alien border crossing card, Form I-186, may be presented as an entry document at a United States port of entry on the Mexican border by a Mexican citizen who seeks to enter the United States for a period of 72 hours or less to visit in the area within 150 miles of the Mexican border. The rightful holder of a valid Form I-186 seeking entry into the United States from Mexico, or from Canada if he has been in no country other than the United States and Canada since leaving Mexico, may apply for admission at any United States port of entry for more than 72 hours or to proceed to areas in the United States outside the 150-mile geographical limitation, or both, and, if admitted, he shall be issued Form I-94. When applying for admission from a country other than Mexico or Canada, or from Canada if he has been in a country other than the United States or Canada since leaving Mexico, the rightful holder of a valid Form I-186 seeking entry as a visitor for business or pleasure must, in addition, present a valid passport and, if admitted, he shall be isssued Form I-94.

(b) Application. A citizen of Canada or a British subject residing in Canada shall apply on Form I-175 for a nonresident alien border crossing card, supporting his application with evidence of Canadian or British citizenship, residence in Canada, and two photographs, size 11⁄2" x 11⁄2". Form I-175 shall be submitted to an immigration officer at a Canadian border port of entry. A citizen of Mexico shall apply on Form I190 for a nonresident alien border crossing card, supporting his application with evidence of Mexican citizenship and residence, a valid unexpired passport or a valid Mexican Form 13, and one photograph, size 11⁄2" x 11⁄2". Form I-190 shall be submitted to an immigration officer at a Mexican border port of entry or to an American consular officer in Mexico, other than one assigned to a consulate situated adjacent to the border between Mexico and the United States.

Each applicant under this paragraph, except a child under 14 years of age, shall appear in person before an immigration officer or a consular officer prior to the adjudication of his application and be interrogated concerning his eligibility for a nonresident alien border crossing card. If the applicant is a child under 14 years of age who seeks to commute daily to attend school in the United States, the child must appear with his parent or legal guardian for the required interview. If the application is denied, the applicant shall be given a notice of denial with the reasons therefor on Form I-180. There shall be no appeal from such denial but such denial shall be without prejudice to a subsequent application for a visa or for admission to the United States.

(c) Validity. Forms I-185 and I186 issued on or after September 15, 1965, are valid for a period of 4 years from date of issuance. Forms I-185 and I-186 issued prior to September 15, 1965, are valid until revoked.

(d) Voidance. Forms I-185 and I-186 may be declared void, without notice, by an officer authorized to issue such forms and, upon voidance, shall be surrendered immediately. The alien to whom the form was issued shall be notified of the action taken and the reasons therefor by means of Form I-180 delivered in person or, if such action is not possible, by mailing the Form I-180 to the address shown on the nonresident alien border crossing card. Violations of the immigration laws or subsequent developments indicating inadmissibility shall be grounds, though not exclusive, for voidance of the forms. An appeal shall not lie from a decision voiding a nonresident alien border crossing card but such voidance shall be without prejudice to a subsequent application for a visa or for admission to the United States.

(e) Replacement. If a nonresident alien border crossing card has been lost, mutilated, or destroyed, the person to whom such card was issued may apply for a new card in accordance with the provisions of this section. The holder of a Form I-185 or I-186 which is in poor condition because of improper lamination may be issued a new one without submitting a fee or application upon surrender of the original card.

(f) Previous removal or deportation; waiver of inadmissibility. Pursuant to the authority contained in section 212 (d) (3) of the Act, the bar to admissibility

contained in paragraph (16) or (17) of section 212(a) of the Act is hereby waived for an alien in possession of a Mexican nonresident alien border crossing card who establishes that he is otherwise admissible as a vistor or student except for his removal or deportation prior to November 1, 1956, because of entry without inspection or lack of required documents.

[30 F.R. 10184, Aug. 17, 1965, as amended at 31 F.R. 8045, June 8, 1966; 32 F.R. 7743, May 29, 1967; 32 F.R. 9625, July 4, 1967]

§ 212.7 Waiver of certain grounds of excludability.

(a) Section 212 (h) or (i). An applicant for an immigrant viso who is excludable and seeks a waiver under section 212 (h) or (i) of the Act shall file an application on Form I-601 at the consular office considering the application for a visa. Upon a determination by the consular office that the alien is admissible except for the grounds for which a waiver is sought, the Form I-601 is transmitted to the Service for decision. The applicant 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. An applicant may withdraw his application at any time prior to final decision, whereupon the case will be closed and the consulate notified. If he fails to prosecute his application within a reasonable time either before or after interview he shall be notified that if he fails to prosecute his application within 30 days his case will be closed subject to being reopened at his request. If no action has been taken within the 30-day period immediately thereafter, the case will be closed and the appropriate consul notified.

(b) Section 212(g) (tuberculosis and certain mental conditions). An alien who is an applicant for an immigrant visa and who, pursuant to section 212(g) of the Act, is seeking a waiver of his excludability under section 212(a) (1), (3), or (6) of the Act shall file (or if the alien is incompetent to do so, the family member specified in section 212(g) shall file) an application on Form I-601 at the consular office considering the application for a visa. An alien who is applying at a port of entry for admission to the United States, or who is outside the United States and is applying for conditional entry pursuant to section 203(a) (7) of the Act, or who is within the

United States and is under any proceeding before the Service in which a waiver pursuant to section 212(g) is required before it may be determined that he is not excludable under section 212(a) (1), (3), or (6) of the Act, may file an application with the Service office having jurisdiction over the port of entry or place where he is located.

(1) Section 212(a) (6) (tuberculosis). If the alien is excludable under section 212(a) (6) of the Act because of tuberculosis, he or his sponsoring family member shall submit with his Form I-601 a statement by a State, territorial, or local health department, or by a recognized hospital or other institution in the United States engaged in the treatment of tuberculosis. The statement shall inIclude the name and address of the facility where the alien will be treated, and shall affirm (1) that arrangements have been made for any treatment and observation required for proper management of the alien's condition, in conformity with local standards of medical practice, and that upon arrival at such facility the alien will be placed in an impatient or outpatient status as determined by the responsible local physician; (ii) that such facility will submit the following to the U.S. Quarantine Station, Rosebank, Staten Island, N.Y. 10305: An initial report giving a clinical evaluation of the alien, including necessary X-ray films, within 30 days after the alien's arrival at the hospital or other institution (or, if within 30 days after receipt of notice from the U.S. Public Health Service that the alien has arrived in the United States he has not reported to the facility, a notice of his failure to report), and a report of the final disposition of the case; and (iii) that complete financial arrangements for charges which might be made for the alien's care have been made by the alien, the sponsoring family member, or other responsible person; or that the eligibility of the alien under the dependents medical care provisions of sections 1071-1085 of title 10 of the United States Code has been established. Whenever the required statement is submitted by a hospital or other institution, it must bear an endorsement by a State, territorial, or local health department affirming its recognition of the facility as being qualified to engage in the treatment of tuberculosis, unless the U.S. Public Health Service shall have determined

that the facility is qualified for that purpose.

(2) Section 212(a) (1) and (3) (certain mental conditions)—(i) Arrangements for submission of medical report. If the alien is excludable under section 212(a) (1) or (3) (because of mental retardation or because of a past history of mental illness) he or his sponsoring family member shall submit an executed Form I-601 to the consular or Service office with a statement that arrangements have been made for the submission to that office of a medical report. The medical report shall contain a complete medical history of the alien, including details of any hospitalization or institutional care or treatment for any physical or mental condition; findings as to the current physical condition of the alien, including reports of chest X-ray examination if the alien is 11 years of age or over, of serologic test for syphilis if the alien is 15 years of age or over, and other pertinent diagnostic tests; and findings as to current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in case of mental retardation, also provide an evaluation of the alien's intelligence. For an alien with a past history of mental illness, the medical report shall also contain available information on which the United States Public Health Service can base a finding as to whether the alien has been free of such mental illness for a period of time sufficient in the light of such history to demonstrate recovery. Upon receipt of the medical report, the consular or Service office shall refer it to the U.S. Public Health Service for review.

(ii) Submission of statement. Upon being notified that the medical report has been reviewed by the U.S. Public Health Service and determined to be acceptable, the alien or his sponsoring family member shall submit to the consular or Service office a statement, from a clinic, hospital, institution, school, other specialized facility, or specialist in the United States acceptable to the U.S. Public Health Service. The statement shall specify the name and address of the clinic, hospital, institution, school, other specialized facility, or specialist, and shall affirm (a) that the specified facility or specialist has agreed to accept the alien for all necessary diagnostic studies and medical supervision for a period of 5 years and during such period