CFR-2012-title8-vol1-sec211-1

§ 210.5

8 CFR Ch. I (1–1–12 Edition)

be filed with the regional processing facility within thirty (30) days after the
service of the notice of termination. If
no appeal is filed within that period,
the Forms I–94, I–688 or other official
Service document shall be deemed
void, and must be surrendered without
delay to an immigration officer or to
the issuing office of the Service.
(ii) Termination proceedings must be
commenced before the alien becomes
eligible for adjustment of status under
§ 210.5 of this part. The timely commencement of termination proceedings
will preclude the alien from becoming
a lawful permanent resident until a
final determination is made in the proceedings, including any appeal.
[53 FR 10064, Mar. 29, 1988, as amended at 55
FR 12629, Apr. 5, 1990; 60 FR 21975, May 4,
1995; 61 FR 46536, Sept. 4, 1996; 65 FR 82255,
Dec. 28, 2000]

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§ 210.5 Adjustment to permanent resident status.
(a) Eligibility and date of adjustment to
permanent resident status. The status of
an alien lawfully admitted to the
United States for temporary residence
under section 210(a)(1) of the Act, if the
alien has otherwise maintained such
status as required by the Act, shall be
adjusted to that of an alien lawfully
admitted to the United States for permanent residence as of the following
dates:
(1) Group 1. Aliens determined to be
eligible for Group 1 classification,
whose adjustment to temporary residence occurred prior to November 30,
1988, shall be adjusted to lawful permanent residence as of December 1, 1989.
Those aliens whose adjustment to temporary residence occurred after November 30, 1988 shall be adjusted to lawful
permanent residence one year from the
date of the adjustment to temporary
residence.
(2) Group 2. Aliens determined to be
eligible for Group 2 classification
whose adjustment to temporary residence occurred prior to November 30,
1988, shall be adjusted to lawful permanent residence as of December 1, 1990.
Those aliens whose adjustment to temporary residence occurred after November 30, 1988 shall be adjusted to lawful
permanent residence two years from

the date of the adjustment to temporary residence.
(b) ADIT processing—(1) General. To
obtain proof of permanent resident status an alien described in paragraph (a)
of this section must appear at a legalization or Service office designated for
this purpose for preparation of Form I–
551, Permanent Resident Card. Such
appearance may be prior to the date of
adjustment, but only upon invitation
by the Service. Form I–551 shall be
issued subsequent to the date of adjustment.
(2) Upon appearance at a Service office for preparation of Form I–551, an
alien must present proof of identity,
suitable ADIT photographs, and a fingerprint and signature must be obtained from the alien on Form I–89.
[53 FR 10064, Mar. 29, 1988, as amended at 54
FR 50339, Dec. 6, 1989; 63 FR 70315, Dec. 21,
1998]

PART 211—DOCUMENTARY REQUIREMENTS:
IMMIGRANTS;
WAIVERS
Sec.
211.1 Visas.
211.2 Passports.
211.3 Expiration of immigrant visa or other
travel document.
211.4 Waiver of documents for returning
residents.
211.5 Alien commuters.
AUTHORITY: 8 U.S.C. 1101, 1103, 1181, 1182,
1203, 1225, 1257; 8 CFR part 2.
SOURCE: 62 FR 10346, Mar. 6, 1997, unless
otherwise noted.

§ 211.1 Visas.
(a) General. Except as provided in
paragraph (b)(1) of this section, each
arriving alien applying for admission
(or boarding the vessel or aircraft on
which he or she arrives) into the
United States for lawful permanent
residence, or as a lawful permanent
resident returning to an unrelinquished
lawful permanent residence in the
United States, shall present one of the
following:
(1) A valid, unexpired immigrant
visa;
(2) A valid, unexpired Form I–551,
Permanent Resident Card, if seeking
readmission after a temporary absence
of less than 1 year, or in the case of a

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Department of Homeland Security

§ 211.1

crewmember regularly serving on
board a vessel or aircraft of United
States registry seeking readmission
after any temporary absence connected
with his or her duties as a crewman;
(3) A valid, unexpired Form I–327,
Permit to Reenter the United States;
(4) A valid, unexpired Form I–571,
Refugee Travel Document, properly endorsed to reflect admission as a lawful
permanent resident;
(5) An expired Form I–551, Permanent
Resident Card, accompanied by a filing
receipt issued within the previous 6
months for either a Form I–751, Petition to Remove the Conditions on Residence, or Form I–829, Petition by Entrepreneur to Remove Conditions, if
seeking admission or readmission after
a temporary absence of less than 1
year;
(6) A Form I–551, whether or not expired, presented by a civilian or military employee of the United States
Government who was outside the
United States pursuant to official orders, or by the spouse or child of such
employee who resided abroad while the
employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4
months the employee, returning to the
United States; or
(7) Form I–551, whether or not expired, or a transportation letter issued
by an American consular officer, presented by an employee of the American
University of Beirut, who was so employed immediately preceding travel to
the United States, returning temporarily to the United States before resuming employment with the American University of Beirut, or resuming
permanent residence in the United
States.
(b) Waivers. (1) A waiver of the visa
required in paragraph (a) of this section shall be granted without fee or application by the district director, upon
presentation of the child’s birth certificate, to a child born subsequent to the
issuance of an immigrant visa to his or
her accompanying parent who applies
for admission during the validity of
such a visa; or 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 that the child’s appli-

cation for admission to the United
States is made within 2 years of birth,
the child is accompanied by the 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.
(2) For an alien described in paragraph (b)(1) of this section, recordation
of the child’s entry shall be on Form I–
181, Memorandum of Creation of
Record of Admission for Lawful Permanent Residence. The carrier of such
alien shall not be liable for a fine pursuant to section 273 of the Act.
(3) If an immigrant alien returning to
an unrelinquished lawful permanent
residence in the United States after a
temporary absence abroad believes
that good cause exists for his or her
failure to present an unexpired immigrant visa, permanent resident card, or
reentry permit, the alien may file an
application for a waiver of this requirement with the DHS officer with jurisdiction over the port of entry where
the alien arrives. To apply for this
waiver, the alien must file the designated form with the fee prescribed in
8 CFR 103.7(b)(1). If the alien’s permanent resident card was lost or stolen
and the alien has been absent for less
than one year, rather than the waiver
application the alien must apply for a
replacement card as described in 8 CFR
264.5. In the exercise of discretion, the
DHS officer who has jurisdiction over
the port of entry where the alien arrives may waive the alien’s lack of an
immigrant visa, permanent resident
card, or reentry permit and admit the
alien as a returning resident if DHS is
satisfied that the alien has established
good cause for the alien’s failure to
present an immigrant visa, permanent
resident card, or reentry permit. Filing
a request to replace a lost or stolen
card will serve as both application for
replacement and as application for
waiver of passport and visa, without
the obligation to file a separate waiver
application.
(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–551 shall be invalid when presented by an alien who

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§ 211.2

8 CFR Ch. I (1–1–12 Edition)

has an occupational status under section 101(a)(15) (A), (E), or (G) of the
Act, unless he or she has previously
submitted, or submits at the time he or
she applies for admission to the United
States, the written waiver required by
section 247(b) of the Act and 8 CFR part
247.

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[62 FR 10346, Mar. 6, 1997, as amended at 63
FR 39218, July 22, 1998; 63 FR 70315, Dec. 21,
1998; 74 FR 26937, June 5, 2009; 76 FR 53786,
Aug. 29, 2011]

§ 211.2 Passports.
(a) A passport valid for the bearer’s
entry into a foreign country at least 60
days beyond the expiration date of his
or her immigrant visa shall be presented by each immigrant except an
immigrant who:
(1) 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;
(2) Is entering under the provisions of
§ 211.1(a)(2) through (a)(7);
(3) 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 that the child’s application for
admission to the United States is made
within 2 years of birth, the child is accompanied by the 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;
(4) Is a stateless person or a person
who because of his or her opposition to
Communism is unwilling or unable to
obtain a passport from the country of
his or her nationality, or is the accompanying spouse or unmarried son or
daughter of such immigrant; or
(5) Is a member of the Armed Forces
of the United States.
(b) Except as provided in paragraph
(a) of this section, if an alien seeking
admission as an immigrant with an immigrant visa believes that good cause
exists for his or her failure to present
a passport, the alien may file an application for a waiver of this requirement
with the DHS officer who has jurisdiction
over the port of entry where the alien arrives. To apply for this waiver, the

alien must apply on the form specified
by USCIS, with the fee prescribed in 8
CFR 103.7(b)(1). In the exercise of discretion, the DHS officer with jurisdiction
over the port of entry, may waive the
alien’s lack of passport and admit the
alien as an immigrant, if DHS is satisfied that the alien has established good
cause for his or her failure to present a
passport.
[62 FR 10346, Mar. 6, 1997, as amended at 74
FR 26937, June 5, 2009; 76 FR 53786, Aug. 29,
2011]

§ 211.3 Expiration of immigrant visa or
other travel document.
An immigrant visa, reentry permit,
refugee travel document, or a permanent resident card shall be regarded as
unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to a permanent
resident card, before the first anniversary of the date on which he or she departed from the United States, provided that the vessel or aircraft on
which he or she 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.
[62 FR 10346, Mar. 6, 1997, as amended at 76
FR 53786, Aug. 29, 2011]

§ 211.4 Waiver of documents for returning residents.
(a) Pursuant to the authority contained in section 211(b) of the Act, an
alien previously lawfully admitted to
the United States for permanent residence who, upon return from a temporary absence was inadmissible because of failure to have or to present a
valid passport, immigrant visa, reentry
permit, border crossing card, or other
document required at the time of
entry, may be granted a waiver of such
requirement in the discretion of the

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