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INSERTS PLUS/SERVICE LAW BOOKS/SERVICE LAW BOOKS MENU /TITLE 8 OF CODE OF

FEDERAL REGULATIONS (8 CFR)/8 CFR PART 235 -- INSPECTION OF PERSONS

APPLYING FOR ADMISSION/Sec. 235.1 Scope of examination. (Section revised

effective 4/1/97; 62 FR 10312)

Sec. 235.1 Scope of examination. (Section revised effective 4/1/97; 62 FR

10312)

(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 if such passport is required under the provisions of 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.

(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) 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. (Paragraph (d)(1) revised 1/5/04; 69 FR 468)

(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 delegate may require

nonimmigrant aliens seeking admission to the United States pursuant to a

nonimmigrant visa, a Form DSP-150, B-1/B-2 Visa and Border Crossing Card,

or section 217 of the Act, at a port-of-entry designated by notice in the

Federal Register to provide fingerprints, photograph(s) or other specified

biometric identifiers during the inspection process. The failure of an

applicant for admission to comply with any requirement to provide

biometric identifiers may result in a determination that the alien is

inadmissible under section 212(a)(7) of the Act, or other relevant grounds

in section 212 of the Act. (Revised effective 9/30/04; 69 FR 53318)

(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

officials of the Taipei Economic and Cultural Representative Office,

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); (Revised effective 9/30/04; 69 FR

53318)

(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.

(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-of-entry, 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. (Revised effective 3/22/99; 64 FR

8478)

(e) 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 port-of-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 port-of-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.

(Introductory text revised 3/17/03; 68 FR 5190)(Introductory text revised

effective 8/6/99; 64 FR 36559)

(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 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. (Revised effective

3/17/03; 68 FR 5190)(Revised effective 8/6/99; 64 FR 36559)

(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-of-Entry 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. (Revised effective

8/6/99; 64 FR 36559)

(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. (Amended

effective 3/17/03; 68 FR 5190)(Revised effective 8/6/99; 64 FR 36559)

(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.

(Paragraph (e) revised 9/11/97; 62 FR 47749)

(f) 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 port-of-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: (Introductory text

revised 1/5/04; 69 FR 468)

(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;

(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; (Revised 8/13/04; 69 FR 50053)(Revised 12/8/99; 64 FR 68616)

(iv) Bearers of Mexican diplomatic or official passports described in

212.1(c) of this chapter; or (Amended effective 10/1/02; 67 FR

71443)(Amended 12/8/99; 64 FR 68616)

(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.

(Revised 8/13/04; 69 FR 50051)(Added 12/8/99; 64 FR 68616)

(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.

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