8 Cfr 235.1

Pt. 235

8 CFR Ch. I (1–1–12 Edition)

for the entry of aliens may be withdrawn whenever, in the judgment of
the Commissioner, there appears just
cause for such action.
[22 FR 9795, Dec. 6, 1957]

PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION
Sec.
235.1 Scope of examination.
235.2 Parole for deferred inspection.
235.3 Inadmissible aliens and expedited removal.
235.4 Withdrawal of application for admission.
235.5 Preinspection.
235.6 Referral to immigration judge.
235.7 Automated inspection services.
235.8 Inadmissibility on security and related grounds.
235.9 Northern Marianas identification card.
235.10 U.S. Citizen Identification Card.
235.11 Admission of conditional permanent
residents.
AUTHORITY: 8 U.S.C. 1101 and note, 1103,
1183, 1185 (pursuant to E.O. 13323, published
January 2, 2004), 1201, 1224, 1225, 1226, 1228,
1365a note, 1379, 1731–32; Pub. L. 110–229, tit.
VII, 122 Stat. 754; 8 U.S.C. 1185 note (Pub. L.
108–458, § 7209, 118 Stat. 3638).

pmangrum on DSK3VPTVN1PROD with CFR

§ 235.1

Scope of examination.

(a) General. Application to lawfully
enter the United States shall be made
in person to an immigration officer at
a U.S. port-of-entry when the port is
open for inspection, or as otherwise
designated in this section.
(b) U.S. Citizens. A person claiming
U.S. citizenship must establish that
fact to the examining officer’s satisfaction and must present a U.S. passport
or alternative documentation as required by 22 CFR part 53. If such applicant for admission fails to satisfy the
examining immigration officer that he
or she is a U.S. citizen, he or she shall
thereafter be inspected as an alien. A
U.S. citizen must present a valid unexpired U.S. passport book upon entering
the United States, unless he or she presents one of the following documents:
(1) Passport card. A U.S. citizen who
possesses a valid unexpired United
States passport card, as defined in 22
CFR 53.1, may present the passport
card when entering the United States

from contiguous territory or adjacent
islands at land or sea ports-of-entry.
(2) Merchant Mariner Document. A
U.S. citizen who holds a valid Merchant Mariner Document (MMD) issued
by the U.S. Coast Guard may present
an unexpired MMD used in conjunction
with official maritime business when
entering the United States.
(3) Military identification. Any U.S.
citizen member of the U.S. Armed
Forces who is in the uniform of, or
bears documents identifying him or her
as a member of, such Armed Forces,
and who is coming to or departing from
the United States under official orders
or permit of such Armed Forces, may
present a military identification card
and the official orders when entering
the United States.
(4) Trusted traveler programs. A U.S.
citizen who travels as a participant in
the NEXUS, FAST, or SENTRI programs may present a valid NEXUS program card when using a NEXUS Air
kiosk or a valid NEXUS, FAST, or
SENTRI card at a land or sea port-ofentry prior to entering the United
States from contiguous territory or adjacent islands. A U.S. citizen who enters the United States by pleasure vessel from Canada using the remote inspection system may present a NEXUS
program card.
(5) Certain cruise ship passengers. A
U.S. citizen traveling entirely within
the Western Hemisphere is permitted
to present a government-issued photo
identification document in combination with either an original or a copy
of his or her birth certificate, a Consular Report of Birth Abroad issued by
the Department of State, or a Certificate of Naturalization issued by U.S.
Citizenship and Immigration Services
for entering the United States when
the United States citizen:
(i) Boards a cruise ship at a port or
place within the United States; and,
(ii) Returns on the return voyage of
the same cruise ship to the same
United States port or place from where
he or she originally departed.
On such cruises, U.S. Citizens under
the age of 16 may present an original or
a copy of a birth certificate, a Consular
Report of Birth Abroad, or a Certificate of Naturalization issued by U.S.
Citizenship and Immigration Services.

460

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00470

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027

pmangrum on DSK3VPTVN1PROD with CFR

Department of Homeland Security

§ 235.1

(6) Native American holders of an American Indian card. A Native American
holder of a Form I–872 American Indian
Card arriving from contiguous territory or adjacent islands may present
the Form I–872 card prior to entering
the United States at a land or sea portof-entry.
(7) Native American holders of tribal
documents. A U.S. citizen holder of a
tribal document issued by a United
States qualifying tribal entity or group
of United States qualifying tribal entities, as provided in paragraph (e) of
this section, who is arriving from contiguous territory or adjacent islands
may present the tribal document prior
to entering the United States at a land
or sea port-of-entry.
(8) Children. A child who is a United
States citizen entering the United
States from contiguous territory at a
sea or land ports-of-entry may present
certain other documents, if the arrival
falls under subsection (i) or (ii).
(i) Children under Age 16. A U.S. citizen who is under the age of 16 is permitted to present either an original or
a copy of his or her birth certificate, a
Consular Report of Birth Abroad issued
by the Department of State, or a Certificate of Naturalization issued by
U.S. Citizenship and Immigration Services when entering the United States
from contiguous territory at land or
sea ports-of-entry.
(ii) Groups of Children under Age 19. A
U.S. citizen, who is under age 19 and is
traveling with a public or private
school group, religious group, social or
cultural organization, or team associated with a youth sport organization is
permitted to present either an original
or a copy of his or her birth certificate,
a Consular Report of Birth Abroad
issued by the Department of State, or a
Certificate of Naturalization issued by
U.S. Citizenship and Immigration Services when arriving from contiguous territory at land or sea ports-of-entry,
when the group, organization, or team
is under the supervision of an adult affiliated with the group, organization,
or team and when the child has parental or legal guardian consent to travel.
For purposes of this paragraph, an
adult is considered to be a person age
19 or older. The following requirements
will apply:

(A) The group or organization must
provide to CBP upon crossing the border, on organizational letterhead:
(1) The name of the group, organization or team, and the name of the supervising adult;
(2) A list of the children on the trip;
(3) For each child, the primary address, primary phone number, date of
birth, place of birth, and name of a parent or legal guardian.
(B) The adult leading the group, organization, or team must demonstrate
parental or legal guardian consent by
certifying in the writing submitted in
paragraph (b)(8)(ii)(A) of this section
that he or she has obtained for each
child the consent of at least one parent
or legal guardian.
(C) The inspection procedure described in this paragraph is limited to
members of the group, organization, or
team who are under age 19. Other members of the group, organization, or
team must comply with other applicable document and/or inspection requirements found in this part.
(c) Alien members of United States
Armed Forces and members of a force of a
NATO country. Any alien member of
the United States Armed Forces who is
in the uniform of, or bears documents
identifying him or her as a member of,
such Armed Forces, and who is coming
to or departing from the United States
under official orders or permit of such
Armed Forces is not subject to the removal provisions of the Act. A member
of the force of a NATO country signatory to Article III of the Status of
Forces Agreement seeking to enter the
United States under official orders is
exempt from the control provision of
the Act. Any alien who is a member of
either of the foregoing classes may,
upon request, be inspected and his or
her entry as an alien may be recorded.
If the alien does not appear to the examining immigration officer to be
clearly and beyond a doubt entitled to
enter the United States under the provisions of the Act, the alien shall be so
informed and his or her entry shall not
be recorded.
(d) Enhanced Driver’s License Projects;
alternative requirements. Upon the designation by the Secretary of Homeland

461

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00471

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027

pmangrum on DSK3VPTVN1PROD with CFR

§ 235.1

8 CFR Ch. I (1–1–12 Edition)

Security of an enhanced driver’s license as an acceptable document to denote identity and citizenship for purposes of entering the United States,
U.S. and Canadian citizens may be permitted to present these documents in
lieu of a passport upon entering or
seeking admission to the United States
according to the terms of the agreements entered between the Secretary
of Homeland Security and the entity.
The Secretary of Homeland Security
will announce, by publication of a notice in the FEDERAL REGISTER, documents designated under this paragraph.
A list of the documents designated
under this paragraph will also be made
available to the public.
(e) Native American Tribal Cards; alternative requirements. Upon the designation by the Secretary of Homeland Security of a United States qualifying
tribal entity document as an acceptable document to denote identity and
citizenship for purposes of entering the
United States, Native Americans may
be permitted to present tribal cards
upon entering or seeking admission to
the United States according to the
terms of the voluntary agreement entered between the Secretary of Homeland Security and the tribe. The Secretary of Homeland Security will announce, by publication of a notice in
the FEDERAL REGISTER, documents designated under this paragraph. A list of
the documents designated under this
paragraph will also be made available
to the public.
(f) Alien applicants for admission. (1)
Each alien seeking admission at a
United States port-of-entry must
present whatever documents are required and must establish to the satisfaction of the inspecting officer that
the alien is not subject to removal
under the immigration laws, Executive
Orders, or Presidential Proclamations,
and is entitled, under all of the applicable provisions of the immigration laws
and this chapter, to enter the United
States.
(i) A person claiming to have been
lawfully admitted for permanent residence must establish that fact to the
satisfaction of the inspecting officer
and must present proper documents in
accordance with § 211.1 of this chapter.

(ii) The Secretary of Homeland Security or his designee may require any
alien, other than aliens exempted
under paragraph (iv) of this section or
Canadian
citizens
under
section
101(a)(15)(B) of the Act who are not otherwise required to present a visa or be
issued Form I–94 or Form I–95 for admission or parole into the United
States, to provide fingerprints, photograph(s) or other specified biometric
identifiers, documentation of his or her
immigration status in the United
States, and such other evidence as may
be requested to determine the alien’s
identity and whether he or she has
properly maintained his or her status
while in the United States and/or
whether he or she is admissible. The
failure of an alien at the time of inspection to comply with any requirement to provide biometric identifiers
may result in a determination that the
alien is inadmissible under section
212(a) of the Immigration and Nationality Act or any other law.
(iii) Aliens who are required under
paragraph (d)(1)(ii) to provide biometric identifier(s) at inspection may also
be subject to the departure requirements for biometrics contained in
§ 215.8 of this chapter, unless otherwise
exempted.
(iv) The requirements of paragraph
(d)(1)(ii) shall not apply to:
(A) Aliens younger than 14 or older
than 79 on date of admission;
(B) Aliens admitted on A–1, A–2, C–3
(except for attendants, servants, or
personal employees of accredited officials), G–1, G–2, G–3, G–4, NATO–1,
NATO–2, NATO–3, NATO–4, NATO–5, or
NATO–6 visas, and certain Taiwan officials who hold E–1 visas and members
of their immediate families who hold
E–1 visas unless the Secretary of State
and the Secretary of Homeland Security jointly determine that a class of
such aliens should be subject to the requirements of paragraph (d)(1)(ii);
(C) Classes of aliens to whom the Secretary of Homeland Security and the
Secretary of State jointly determine it
shall not apply; or
(D) An individual alien to whom the
Secretary of Homeland Security, the
Secretary of State, or the Director of
Central Intelligence determines it shall
not apply.

462

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00472

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027

pmangrum on DSK3VPTVN1PROD with CFR

Department of Homeland Security

§ 235.1

(2) An alien present in the United
States who has not been admitted or
paroled or an alien who seeks entry at
other than an open, designated port-ofentry, except as otherwise permitted in
this section, is subject to the provisions of section 212(a) of the Act and to
removal under section 235(b) or 240 of
the Act.
(3) An alien who is brought to the
United States, whether or not to a designated port-of-entry and regardless of
the means of transportation, after having been interdicted in international or
United States waters, is considered an
applicant for admission and shall be examined under section 235(b) of the Act.
(4) An alien stowaway is not an applicant for admission and may not be admitted to the United States. A stowaway shall be removed from the United
States under section 235(a)(2) of the
Act. The provisions of section 240 of
the Act are not applicable to stowaways, nor is the stowaway entitled to
further hearing or review of the removal, except that an alien stowaway
who indicates an intention to apply for
asylum, or expresses a fear of persecution, a fear of torture, or a fear of return to the country of proposed removal shall be referred to an asylum
officer for a determination of credible
fear of persecution or torture in accordance with section 235(b)(1)(B) of
the Act and § 208.30 of this chapter. An
alien stowaway who is determined to
have a credible fear of persecution or
torture shall have his or her asylum
application adjudicated in accordance
with § 208.2(b)(2) of this chapter.
(g) U.S. citizens, lawful permanent residents of the United States, and other
aliens, entering the United States along
the northern border, other than at a portof-entry. A citizen of Canada or a permanent resident of Canada who is a national of a country listed in § 217.2(a) of
this chapter may, if in possession of a
valid, unexpired, Canadian Border Boat
Landing Permit(Form I–68) or evidence
of enrollment in any other Service Alternative Inspections program (e.g.,
the Immigration and Naturalization
Service Passenger Accelerated Service
System (INSPASS) or the Port Passenger Accelerated Service System
(PORTPASS)), enter the United States
by means of a pleasure craft along the

northern border of the United States
from time-to-time without further inspection. No persons other than those
described in this paragraph may participate in this program. Permanent
residents of Canada who are nationals
of a designated Visa Waiver Program
country listed in § 217.2(a) of this chapter must be in possession of a valid, unexpired passport issued by his or her
country of nationality, and an unexpired multiple entry Form I–94W, Nonimmigrant Visa Waiver Arrival/Departure Form, or an unexpired passport,
valid unexpired United States visa and
I–94 Arrival/Departure Form. When an
entry to the United States is made by
a person who is a Canadian citizen or a
permanent resident of Canada who is a
national of a designated Visa Waiver
Program country listed in § 217.2(a) of
this chapter, entry may be made under
this program only for a purpose as described in section 101(a)(15)(B)(ii) of the
Act as a visitor for pleasure. Persons
seeking to enter the United States for
any other purpose must do so at a portof-entry staffed by immigration inspectors. Persons aboard a vessel which has
crossed the international boundary between the United States and Canada
and who do not intend to land in the
United States, other than at a staffed
port-of-entry, are not required to be in
possession of Form I–68, Canadian Border Boat Landing Permit, or evidence
of enrollment in an Alternative Inspections program merely because they
have crossed the international boundary. However, the Service retains the
right to conduct inspections or examinations of all persons applying for admission or readmission to or seeking
transit through the United States in
accordance with the Act.
(1) Application. An eligible applicant
may apply for a Canadian Border Boat
Landing Permit by completing the
Form I–68 in triplicate. Application
forms will be made readily available
through the Internet, from a Service
office, or by mail. A family may apply
on a single application. For the purposes of this paragraph, a family is defined as a husband, wife, unmarried
children under the age of 21, and the
parents of either husband or wife, who
reside at the same address. In order for
the I–68 application to be considered

463

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00473

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027

pmangrum on DSK3VPTVN1PROD with CFR

§ 235.1

8 CFR Ch. I (1–1–12 Edition)

complete, it must be accompanied by
the following:
(i) For each person included on the
application, evidence of citizenship,
and, if not a citizen of the Untied
States or Canada, evidence of legal permanent resident status in either the
United States or Canada. Evidence of
residency must be submitted by all applicants. It is not required that all persons on the application be of the same
nationality; however, they must all be
individually eligible to participate in
this program.
(ii) If multiple members of a family,
as defined in paragraph (e)(1) of this
section, are included on a single application, evidence of the familial relationship.
(iii) A fee as prescribed in § 103.7(b)(1)
of this chapter.
(iv) A copy of any previously approved Form I–68.
(v) A permanent resident of Canada
who is a national of a Visa Waiver Program may apply for admission simultaneously with the Form I–68 application
and thereby obtain a Form I–94 or I–
94W.
(2) Submission of Form I–68. Except as
indicated in this paragraph, Form I–68
shall be properly completed and submitted in person, along with the documentary evidence and the required fee
as specified in § 103.7(b)(1) of this chapter, to a United States immigration officer at a Canadian border Port-ofEntry located within the district having jurisdiction over the applicant’s
residence or intended place of landing.
Persons previously granted Form I–68
approval may apply by mail to the
issuing Service office for renewal if a
copy of the previous Form I–68 is included in the application. At the discretion of the district director concerned, any applicant for renewal of
Form I–68 may be required to appear
for an interview in person if the applicant does not appear to be clearly eligible for renewal.
(3) Denial of Form I–68. If the applicant has committed a violation of any
immigration or customs regulation or,
in the case of an alien, is inadmissible
to the United States, approval of the
Form I–68 shall be denied. However, if,
in the exercise of discretion, the district director waives under section

212(d)(3) of the Act all applicable
grounds of inadmissibility, the I–68 application may be approved for such
non-citizens. If the Form I–68 application is denied, the applicant shall be
given written notice of and the reasons
for the denial by letter from the district director. There is no appeal from
the denial of the Form I–68 application,
but the denial is without prejudice to a
subsequent application for this program or any other Service benefit, except that the applicant may not submit
a subsequent Form I–68 application for
90 days after the date of the last denial.
(4) Validity. Form I–68 shall be valid
for 1 year from the date of issuance, or
until revoked or violated by the Service.
(5) Conditions for participation in the I–
68 program. Upon being inspected and
positively identified by an immigration
officer and found admissible and eligible for participation in the I–68 program, a participant must agree to
abide by the following conditions:
(i) Form I–68 may be used only when
entering the United States by means of
a vessel exclusively used for pleasure,
including chartered vessels when such
vessel has been chartered by an approved Form I–68 holder. When used by
a person who is a not a citizen or a lawful permanent resident of the United
States, admission shall be for a period
not to exceed 72 hours to visit within 25
miles of the shore line along the northern border of the United States, including the shore line of Lake Michigan
and Puget Sound.
(ii) Participants must be in possession of any authorization documents
issued for participation in this program
or another Service Alternative Inspections
program
(INSPASS
or
PORTPASS). Participants over the age
of 15 years and who are not in possession of an INSPASS or PORTPASS enrollment card must also be in possession of a photographic identification
document issued by a governmental
agency. Participants who are permanent residents of Canada who are nationals of a Visa Waiver Program country listed in § 217.2(a) of this chapter
must also be in possession of proper
documentation as described in paragraph (e) of this section.

464

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00474

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027

pmangrum on DSK3VPTVN1PROD with CFR

Department of Homeland Security

§ 235.1

(iii) Participants may not import
merchandise or transport controlled or
restricted items while entering the
United States under this program. The
entry of any merchandise or goods
must be in accordance with the laws
and regulations of all Federal Inspection Services.
(iv) Participants must agree to random checks or inspections that may be
conducted by the Service, at any time
and at any location, to ensure compliance.
(v) Participants must abide by all
Federal, state, and local laws regarding
the importation of alcohol or agricultural products or the importation or
possession of controlled substances as
defined in section 101 of the Controlled
Substance Act (21 U.S.C. 802).
(vi) Participants acknowledge that
all devices, decals, cards, or other Federal Government supplied identification or technology used to identify or
inspect persons or vessels seeking
entry via this program remain the
property of the United States Government at all times, and must be surrendered upon request by a Border Patrol
Agent or any other officer of a Federal
Inspection Service.
(vii) The captain, charterer, master,
or owner (if aboard) of each vessel
bringing persons into the United States
is responsible for determining that all
persons aboard the vessel are in possession of a valid, unexpired Form I–68 or
other evidence of participation in a
Service Alternative Inspections program (INSPASS or PORTPASS) prior
to entry into the territorial waters of
the United States. If any person on
board is not in possession of such evidence, the captain, charterer, master,
or owner must transport such person to
a staffed United States Port-of-Entry
for an in-person immigration inspection.
(6) Revocation. The district director,
the chief patrol agent, or their designated representatives may revoke
the designation of any participant who
violates any condition of this program,
as contained in paragraph (e)(5) of this
section, or who has violated any immigration law or regulation, or a law or
regulation of the United States Customs Service or other Federal Inspection Service, has abandoned his or her

residence in the United States or Canada, is inadmissible to the United
States, or who is otherwise determined
by an immigration officer to be ineligible for continued participation in
this program. Such persons may be
subject to other applicable sanctions,
such as criminal and/or administrative
prosecution or deportation, as well as
possible seizure of goods and/or vessels.
If permission to participate is revoked,
a written request to the district director for restoration of permission to
participate may be made. The district
director will notify the person of his or
her decision and the reasons therefore
in writing.
(7) Compliance checking. Participation
in this program does not relieve the
holder from responsibility to comply
with all other aspects of United States
Immigration, Customs, or other Federal inspection service laws or regulations. To prevent abuse, the United
States Immigration and Naturalization
Service retains the right to conduct inspections or examinations of all persons applying for admission or readmission to or seeking transit through
the United States in accordance with
the Immigration and Nationality Act.
(h)
Form
I–94,
Arrival-Departure
Record. (1) Unless otherwise exempted,
each arriving nonimmigrant who is admitted to the United States will be
issued a Form I–94 as evidence of the
terms of admission. For land border admission, a Form I–94 will be issued only
upon payment of a fee, and will be considered issued for multiple entries unless specifically annotated for a limited number of entries. A Form I–94
issued at other than a land border portof-entry, unless issued for multiple entries, must be surrendered upon departure from the United States in accordance with the instructions on the form.
Form I–94 is not required by:
(i) Any nonimmigrant alien described
in § 212.1(a) of this chapter and 22 CFR
41.33 who is admitted as a visitor for
business or pleasure or admitted to
proceed in direct transit through the
United States;
(ii) Any nonimmigrant alien residing
in the British Virgin Islands who was
admitted only to the U.S. Virgin Islands as a visitor for business or pleasure under § 212.1(b) of this chapter;

465

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00475

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027

§ 235.2

8 CFR Ch. I (1–1–12 Edition)

(iii) Except as provided in paragraph
(f)(1)(v) of this section, any Mexican
national admitted as a nonimmigrant
visitor who is:
(A) Exempt from a visa and passport
pursuant to § 212.1(c)(1)(i) of this chapter and is admitted for a period not to
exceed 30 days to visit within 25 miles
of the border; or
(B) In possession of a valid visa and
passport or exempt from a visa and
passport pursuant to § 212.1(c)(1)(ii) of
this chapter; and is admitted for a period not to exceed 72 hours to visit
within 25 miles of the border;
(iv) Bearers of Mexican diplomatic or
official passports described in § 212.1(c)
of this chapter; or
(v) Any Mexican national admitted
as a nonimmigrant visitor who is:
(A) Exempt from a visa and passport
pursuant to § 212.1(c)(1)(i) of this chapter and is admitted at the Mexican border POEs in the State of Arizona at
Sasabe, Nogales, Mariposa, Naco or
Douglas to visit within the State of Arizona within 75 miles of the border for
a period not to exceed 30 days; or
(B) In possession of a valid visa and
passport or exempt from a visa and
passport pursuant to § 212.1(c)(1)(ii) of
this chapter; and is admitted at the
Mexican border POEs in the State of
Arizona at Sasabe, Nogales, Mariposa,
Naco or Douglas to visit within the
State of Arizona within 75 miles of the
border for a period not to exceed 72
hours.
(2) Paroled aliens. Any alien paroled
into the United States under section
212(d)(5) of the Act, including any alien
crewmember, shall be issued a completely executed Form I–94, endorsed
with the parole stamp.

pmangrum on DSK3VPTVN1PROD with CFR

[62 FR 10353, Mar. 6, 1997, as amended at 62
FR 47751, Sept. 11, 1997; 64 FR 8494, Feb. 19,
1999; 64 FR 36561, July 7, 1999; 64 FR 68617,
Dec. 8, 1999; 67 FR 71449, Dec. 2, 2002; 68 FR
5193, Jan. 31, 2003; 69 FR 480, Jan. 5, 2004; 69
FR 50053, Aug. 13, 2004; 69 FR 53333, Aug. 31,
2004; 69 FR 58037, Sept. 29, 2004; 71 FR 68429,
Nov. 24, 2006; 73 FR 18416, Apr. 3, 2008 73 FR
77491, Dec. 19, 2008; 74 FR 2837, Jan. 16, 2009;
]

§ 235.2 Parole for deferred inspection.
(a) A district director may, in his or
her discretion, defer the inspection of
any vessel or aircraft, or of any alien,
to another Service office or port-of-

entry. Any alien coming to a United
States port from a foreign port, from
an outlying possession of the United
States, from Guam, Puerto Rico, or the
Virgin Islands of the United States, or
from another port of the United States
at which examination under this part
was deferred, shall be regarded as an
applicant for admission at that onward
port.
(b) An examining immigration officer
may defer further examination and
refer the alien’s case to the district director having jurisdiction over the
place where the alien is seeking admission, or over the place of the alien’s
residence or destination in the United
States, if the examining immigration
officer has reason to believe that the
alien can overcome a finding of inadmissibility by:
(1) Posting a bond under section 213
of the Act;
(2) Seeking and obtaining a waiver
under section 211 or 212(d)(3) or (4) of
the Act; or
(3) Presenting additional evidence of
admissibility not available at the time
and place of the initial examination.
(c) Such deferral shall be accomplished pursuant to the provisions of
section 212(d)(5) of the Act for the period of time necessary to complete the
deferred inspection.
(d) Refusal of a district director to
authorize admission under section 213
of the Act, or to grant an application
for the benefits of section 211 or section
212(d) (3) or (4) of the Act, shall be
without prejudice to the renewal of
such application or the authorizing of
such admission by the immigration
judge without additional fee.
(e) Whenever an alien on arrival is
found or believed to be suffering from a
disability that renders it impractical
to proceed with the examination under
the Act, the examination of such alien,
members of his or her family concerning whose admissibility it is necessary to have such alien testify, and
any accompanying aliens whose protection or guardianship will be required
should such alien be found inadmissible
shall be deferred for such time and
under such conditions as the district
director in whose district the port is
located imposes.
[62 FR 10355, Mar. 6, 1997]

466

VerDate Mar<15>2010

09:37 Mar 09, 2012

Jkt 226027

PO 00000

Frm 00476

Fmt 8010

Sfmt 8010

Y:\SGML\226027.XXX

226027