8 Cfr 264.1

Immigration and Naturalization Service, Justice

§ 264.1

and

I–817, Application for Voluntary Departure
under the Family Unity Program.

(a) Prescribed registration forms. The
following forms are prescribed as registration forms:

(b) Evidence of registration. The following forms constitute evidence of
registration:

§ 264.1 Registration
fingerprinting.

FORM NO. AND CLASS

FORM NO. AND CLASS

I–67, Inspection Record—Hungarian refugees
(Act of July 25, 1958).
I–94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled
into the United States under section
212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior
to July 1, 1924, cannot be verified, they
having satisfactorily established residence
in the United States since prior to July 1,
1924; aliens lawfully admitted to the United States for permanent residence who
have not been registered previously; aliens
who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted.
I–95, Crewmen’s Landing Permit—Crewmen
arriving by vessel or aircraft.
I–175, Application for Nonresident Alien Canadian Border Crossing Card—Citizens of
Canada or British subjects residing in Canada.
I–181, Memorandum of Creation of Record of
Lawful Permanent Residence—Aliens presumed to be lawfully admitted to the United States under 8 CFR 101.1.
I–190, Application for Nonresident Alien
Mexican Border Crossing Card—Citizens of
Mexico residing in Mexico.
I–485, Application for Status as Permanent
Resident—Applicants under sections 245
and 249 of the Immigration and Nationality
Act as amended, and section 13 of the Act
of September 11, 1957.
I–485A, Application by Cuban Refugee for
Permanent Residence—Applicants under
section 1 of the Act of November 2, 1966.
I–590, Registration for Classification as Refugee—Escapee—Refugee-escapees
paroled
pursuant to section 1 of the Act of July 14,
1960.
I–687, Application for Status as a Temporary
Resident—Applicants under section 245A of
the Immigration and Nationality Act, as
amended.
I–691, Notice of Approval for Status as a
Temporary Resident—Aliens adjusted to
lawful temporary residence under 8 CFR
210.2 and 245A.2.
I–698, Application to Adjust Status from
Temporary to Permanent Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.
I–700, Application for Status as a Temporary
Resident—Applicants under section 210 of
the Immigration and Nationality Act, as
amended.

I–94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled
into the United States under section
212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior
to July 1, 1924, cannot be verified, they
having satisfactorily established residence
in the United States since prior to July 1,
1924; and aliens granted permission to depart without the institution of deportation
proceedings.
I–95, Crewmen’s Landing Permit—Crewmen
arriving by vessel or aircraft.
I–184, Alien Crewman Landing Permit and
Identification Card—Crewmen arriving by
vessel.
I–185, Nonresident Alien Canadian Border
Crossing Card—Citizens of Canada or British subjects residing in Canada.
I–186, Nonresident Alien Mexican Border
Crossing Card—Citizens of Mexico residing
in Mexico.
I–221, Order to Show Cause and Notice of
Hearing—Aliens against whom deportation
proceedings are being instituted.
I–221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—
Aliens against whom deportation proceedings are being instituted.
I–551, Alien Registration Receipt Card—Lawful permanent resident of the United
States.
I–688, Temporary Resident Card-Lawful temporary residents of the United States.
I–688A, Employment Authorization Card.
I–688B, Employment Authorization Document.
I–766, Employment Authorization Document.

(c) Replacement of registration. Any
alien whose evidence of registration
has been lost, mutilated, or destroyed,
shall immediately apply for new evidence of registration.
(1) Temporary residents. Application
by an alien lawfully admitted for temporary residence for Form I–688, Temporary Resident Card, shall be made on
Form I–695. (i) Who can file. An I–695 application may be filed by a lawful temporary resident:
(A) To replace a lost, stolen, or
detroyed card;
(B) To replace a mutilated card;
(C) To change a name or other biographic data.

485

§ 264.1

8 CFR Ch. I (1–1–97 Edition)

(ii) Fee. An I–695 application must be
submitted with the fee required by
§ 103.7(b)(1) of this chapter.
(iii) Accompanying documents—(A)
Photographs. An I–695 application must
be filed with two color photographs
meeting the specifications on the application form.
(B) Prior evidence of alien registration.
Any Form I–688 in the applicant’s possession must be submitted with the application.
(C) Evidence of name or other biographic change. An I–695 application
filed under paragraph (c)(2)(i)(C) of this
section must be filed with the order, issued by a court of competent jurisdiction, changing the applicant’s name, or
with the applicant’s marriage certificate. An application to change other
biographic data on a card must be filed
with documentary evidence conclusively establishing the new data.
(iv) Filing—(A) Where to file. An application by an alien within the United
States for replacement of evidence of
registration shall be submitted to the
legalization or Service office having jurisdiction over the applicant’s place of
residence in the United States. An
alien outside the United States shall
appear at an American Consulate or
Service office abroad and present a full
account of the circumstances involving
the loss or destruction of Form I–688. A
cable shall be sent to the Service’s
Central Office Records Management
Branch for verification of status. Subsequent to verification that temporary
residence was granted, a transportation letter will be issued to the temporary resident alien. Upon entry to
the United States, the alien shall submit the I–695 to the legalization or
Service office having jurisdiction over
the applicant’s place of residence in
the United States.
(B) Camera ready card. Prior to the issuance of Form I–688, all applicants, regardless of age, shall appear at the appropriate legalization or Service office
for placement of fingerprint and signature on I–688.
(v) Processing—(A) Interview. An alien
who files application Form I–695 may
be required to appear in person before
an immigration officer prior to the adjudication of the application and be
interviewed under oath concerning his

or her eligibility for issuance of I–688
as evidence of his or her registration.
(B) Waiver of requirements. The Service may waive the photograph, interview or the placement of fingerprint
and signature on the I–688 for a child
under 14 or when it is impractical because of the health or advanced age of
the applicant.
(C) Fingerprint chart. An applicant
may be required to present a completed
fingerprint chart, FD–258.
(vi) Decision. The decision on an application for replacement of evidence
of registration shall be made by the
Regional Processing Facility director
having jurisdiction over the alien’s
place of residence in the United States.
No appeal shall lie from the decision of
the Regional Processing Facility director denying the application.
(d) Surrender of registration. If an
alien is naturalized, dies, permanently
departs, or is deported from the United
States, or evidence of registration is
found by a person other than the one to
whom such evidence was issued, the
person in possession of the document
shall forward it to a Service office.
(e)
Fingerprinting
waiver.
(1)
Fingerprinting is waived for nonimmigrant aliens admitted as foreign
government officials and employees;
international organization representatives, officers and employees; NATO
representatives, officers and employees, and holders of diplomatic visas
while
they
maintain
such
nonimmigrant status. Fingerprinting is
also waived for other nonimmigrant
aliens, while they maintain nonimmigrant status, who are nationals of
countries
which
do
not
require
fingerprinting of United States citizens
temporarily residing therein.
(2) Fingerprinting is waived for every
nonimmigrant alien not included in
paragraph (e)(1) of this section who departs from the United States within
one year of his admission, provided he
maintains his nonimmigrant status
during that time; each such alien not
previously fingerprinted shall apply
therefor at once if he remains in the
United States in excess of one year.
(3) Every nonimmigrant alien not
previously fingerprinted shall apply
therefor at once upon his failure to
maintain his nonimmigrant status.

486

Immigration and Naturalization Service, Justice
(f) Registration and fingerprinting of
certain nonimmigrants. Notwithstanding
the provisions included in paragraphs
(e)(1) and (e)(2) of this section, the Attorney General may designate, by a
comprehensive public notice in the
FEDERAL REGISTER, that certain nonimmigrants of specific countries are required
to
be
registered
and
fingerprinted upon arrival in the United States. This requirement shall not
apply to those nonimmigrants applying
for admission to the United States
under
section
101(a)(15)(A)
or
101(a)(15)(G) of the Immigration and
Nationality Act. Those aliens so designated by the Attorney General who
apply for admission to the United
States shall be registered on Form I–94
(Arrival/Departure Record), and may be
fingerprinted on Form FD–258 (Fingerprint Chart), and photographed by the
Service at the Port-of-Entry where the
aliens apply for admission to the United States.
(g) Registration and fingerprinting of
children who reach age 14. Within 30
days after reaching the age of 14, any
alien in the United States not exempt
from alien registration under the act
and this chapter shall present himself
to a Service office for registration in
accordance with section 262(b) of the
Act, and for fingerprinting unless
fingerprinting is waived pursuant to
paragraph (e) of this section. He shall
submit Form I–90 if he is a lawful permanent resident. If such alien is a lawful permanent resident of the United
States and is temporarily absent from
the United States when he reaches the
age of 14, he shall comply with the
foregoing within 30 days of his return
to the United States. The alien, if a
lawful permanent resident of the United States, shall surrender his prior evidence of alien registration and shall be
issued Form I–551 bearing a photograph
submitted by him in accordance with
the instructions on Form I–90. In the
case of an alien who is not a lawful permanent resident, the alien’s Form I–94
or I–95 shall be noted to show that he
has been registered and the date of registration.
(h) Temporary evidence of registration.
Form I–94, appropriately endorsed, may
be issued as temporary evidence of registration and lawful admission for per-

§ 264.2

manent residence to a lawful permanent resident alien who is departing
temporarily from the United States
and has applied on Form I–90 for issuance of Form I–551, if the district director is unable to issue and deliver the
Form I–551 prior to the alien’s contemplated return to the United States.
The alien shall surrender such Form I–
94 to the Service upon receipt of Form
I–551.
(i) Copy of Form I–94. An attorney or
representative as defined in § 1.1 of this
chapter who is representing an alien
before the Service or the Board may
make and retain, solely for information purposes, a copy of the Form I–94
(Arrival-Departure Record) issued to
and in the possession of the alien. Such
copy shall not be used for any other
purpose.
[25 FR 10495, Nov. 2, 1960]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 264.1, see the List of CFR
Sections Affected in the Finding Aids section of this volume.

§ 264.2 Application for creation of
record of permanent residence.
(a) Jurisdiction. An applicant who believes that he/she is eligible for presumption of lawful admission for permanent residence under § 101.1 or § 101.2
of this chapter or for lawful permanent
residence as a person born in the United States to a foreign diplomatic officer under § 101.3 of this chapter shall
submit his/her application for creation
of a record of lawful permanent residence to the Service office having jurisdiction over the applicant’s place of
residence in the United States. The applicant must be physically present in
the United States at the time of submission of his/her application.
(b) Applicant under eighteen years old.
If the applicant is under eighteen years
old, the applicant’s parent or legal
guardian shall prepare and sign the application in the applicant’s behalf.
(c) Filing application—(1) Presumption
of lawful admission for permanent residence. An applicant who believes that
he/she is eligible for presumption of
lawful admission for permanent residence under § 101.1 or § 101.2 of this
chapter shall submit the following:
(i) A completed Form I–485, with the
fee required in 8 CFR 103.7(b)(1) and

487