TITLE 8-ALIENS AND NATIONALITY Part 1 Chapter I-Immigration and Naturalization Service, Department of Justice.... Chapter II-Office of Alien Property, Department of Justice [Revised]..... 500 NOTE: Other regulations issued by the Department of Justice appear in Title 28, Chapter I. CHAPTER I-IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003). CROSS REFERENCES: Removal of alien enemies brought to the United States from the other American republics, Title 22, Part 57. VISAS: Documentary requirements for aliens entering the United States, Title 22, Part 61. Visas: Documents required of aliens entering the United States on airships, Title 22, Part 63; Visas: Documents required of alien seamen and airmen entering the United States, Title 22, Part 65. Part 1 Subchapter A-Administrative Organization General information regarding the Immigration and Naturalization Service. [Added] 60 Field service districts and officers. [Amended] 90 00 Departmental organization and authority. [Amended] 114 Inspection of citizens and aliens entering from or through contiguous terri tory. [Amended] 116 Civil air navigation. [Amended] 120 Alien seamen. [Amended] 123 126 Foreign government representatives to international organizations. [Added] 127 Fiancées and fiancés of citizen members of the United States armed forces. [Added] 130 Boards of special inquiry. [Amended] 136 Appeals from decisions by board of special inquiry. [Amended] Preexamination of aliens within the United States. [Amended] 142 150 Arrest and deportation. [Amended] 170 Registration and fingerprinting of aliens in accordance with the Alien Registration Act, 1940. [Amended] 172 Immigration, exclusion, and deportation of Filipinos under the provisions of the Philippine Rehabilitation Act of 1946 and the Philippine Trade Act of 1946. [Revised] Part 175 Control of persons entering and leaving the United States pursuant to the act of May 22, 1918, as amended. [Amended] 176 Documentary requirements for aliens, except seamen and airmen entering the United States. [Added] 177 Visas: documents required of alien seamen and airmen entering the United States. [Added] Subchapter D-Nationality Regulations 301 Definitions of words and phrases used in the Nationality Act of 1940. [Amended] 320 Naturalization courts and their jurisdiction. [Amended] 330 Special classes of persons who may be naturalized: former United States citizens. [Amended] 338 Special classes of persons who may be naturalized: members or veterans of the United States armed forces during the Second World War within the jurisdiction of a naturalization court. [Amended]. 339 Special classes of persons who may be naturalized: members of the United States armed forces during the Second World War not within the jurisdiction of any naturalization court. [Amended] 346 Special classes of persons who may be naturalized: Filipinos whose residence in the United States commenced before May 1, 1934. [Added] 350 Racial limitations upon naturalization. [Amended] 352 Attachment to the principles of the Constitution and favorable disposition toward the good order and happiness of the United States. [Amended] Good moral character. [Amended] 353 362 Registry of aliens under Nationality Act of 1940. [Amended] 378 Certificate of naturalization: veteran of First or Second World War allied forces; person who voted in a foreign political election. [Revised] 380 Special certificate of naturalization for recognition by a foreign state. [Amended] 383 Fees and procedure to obtain certifications of or information from records. [Amended] ABBREVIATIONS: The following abbreviations are used in this chapter: AVAILABILITY OF OPINIONS, ORDERS, AND RECORDS 1.80 Opinions, orders, and records of the Immigration and Naturalization Service regarded as confidential. Administrative Decisions under Immigration and Nationality Laws. Inspection of records by attorneys. Persons subject to proceedings. 1.81 1.82 1.83 1.84 Copies of records. 1.85 Intra-service manuals. AUTHORITY: §§ 1.1 to 1.85, inclusive, issued under R. S. 161; 5 U. S. C. 22. Statutes interpreted and applied and statutes giving special authority are cited in parentheses at the end paragraphs and sections affected. SOURCE: §§ 1.1 to 1.85, inclusive, contained in Regulations, Acting Commissioner, effective Sept. 11, 1946, 11 F. R. 177A-110. § 1.1 Introduction. (a) The Immigration and Naturalization Service, Department of Justice, has already published in the Code of Federal Regulations and in the FEDERAL REGISTER much of the material required to be published by section 3 of the Administrative Procedure Act. This previously published material appears under 8 CFR, Chapter I. (b) There may also be procured from the United States Government Printing Office a copy of the publication entitled "Immigration and Nationality Laws and Regulations", containing currently effective statutes as well as prior statutes, Presidential proclamations, Executive orders, regulations issued by the Attorney General, regulations issued by the Commissioner of Immigration and Naturalization with the approval of the Attorney General, and other official matter. Annual supplements to such publication may also be purchased from the same source covering years in which a cumulative, superseding edition is not published. A loose-leaf edition of such publication containing integrated, current supplements may be examined at offices of the Immigration and Naturalization Service. ORGANIZATION § 1.10 Organization of the Immigration and Naturalization Service. The organization of the Immigration and Naturalization Service-exclusive of that part of its organization handling matters pertaining solely to its internal management is shown in §§ 1.11 to 1.23, inclusive, by stating the title and general function of its principal officials and officers. § 1.11 Departmental: The Attorney General. The Attorney General of the United States has general direction of the Immigration and Naturalization Service and possesses final statutory authority in determining certain matters arising under the provisions of the immigration and nationality laws and other laws administered by the Service. § 1.12 Departmental: The Board of Immigration Appeals. Under the direction of the Attorney General, the Board of Immigration Appeals in behalf of the Attorney General considers and determines certain cases in accordance with the provisions of Parts 90 and 95 of this chapter. § 1.13 Central Office: The Commissioner. Under the direction of the Attorney General, the Commissioner of Immigration and Naturalization supervises and directs the administration of the Immigration and Naturalization Service and, subject to such limitations and conditions as are provided in Part 90 and elsewhere in this chapter, administers the laws relating to immigration and nationality. § 1.14 Central Office: The Deputy Commissioner. The Deputy Commissioner assists the Commissioner generally in the performance of the duties of his office and, under the latter's direction, has particular supervision of Service operations and the personnel engaged therein. § 1.15 Central Office: The Assistant Commissioner for Adjudications; Chief, Exclusion and Expulsion Section. Under the immediate direction of the Deputy Commissioner, the Assistant Commissioner for Adjudications considers, and determines or recommends the determination in, numerous types of quasi-judicial cases handled by the Service. The Chief of the Exclusion and Expulsion Section aids the Assistant Commissioner for Adjudications in his consideration of and action in, among others, those cases involving the admission, exclusion and deportation, or arrest and deportation of aliens. § 1.16 Central Office: The Assistant Commissioner for Alien Control. Under the immediate direction of the Deputy Commissioner, the Assistant Commissioner for Alien Control supervises and directs that part of the work of the Service relating to the guarding of the boundaries of the United States, the detention of aliens, and the execution of warrants of deportation. § 1.17 Central Office: The General Counsel. Under the direction of the Commissioner, the General Counsel exercises powers and performs legal duties such as those stated in §§ 90.17 and 60.25 (e) of this chapter. § 1.18 Central Office: The Director of Research and Educational Services. Under the direction of the Commissioner, the Director of Research and Educational Services supervises and directs that part of the work of the Service relating to the citizenship education program provided by section 327 (c) of the Nationality Act of 1940 (54 Stat. 1151; 8 U. S. C. 727 (c)) as implemented by Part 356 of this chapter. § 1.19 Central Office: The Director of Administrative Services. Under the direction of the Commissioner, the Director of Administrative Services supervises and directs that part of the work of the Service relating to budgetary and fiscal matters, procurement and supply, records, mail and other communications, information service, and planning. § 1.20 Central Office: The Director of Personnel. Under the direction of the Commissioner, the Director of Personnel supervises and directs that part of the work of the Service relating to the recruitment, placement, and training of personnel; position classification; and employee relations. § 1.21 Field Service: District directors. In each of the field districts defined in § 60.1 of this chapter, a district director, under the direction of the Commissioner, supervises the work of the Service in accordance with the general provisions contained in § 60.2 of this chapter. § 1.22 Field Service: Officers in charge of ports of entry and other offices. Under the immediate direction of a district director, an officer in charge of a port or other office performs assigned duties within a designated part of a district. § 1.23 Field Service: Immigrant inspectors; boards of special inquiry; naturalization examiners; patrol inspectors-(a) Immigrant inspectors. Under the administrative supervision of an officer in charge, an immigrant inspector makes the initial determinations on applications of aliens for admission to the United States and conducts investigations and examinations in connection with the right of aliens to be or remain in the United States. (b) Boards of special inquiry. Under the administrative supervision of a district director and in accordance with the provisions of Parts 130 and 136 and other applicable provisions of this chapter, a board of special inquiry makes decisions in the cases of certain aliens seeking to enter the United States. (c) Naturalization examiners. Under the administrative supervision of an offcer in charge, a naturalization examiner conducts examinations and investigations in connection with applications for the various rights or privileges granted by the nationality laws and makes recommendations as to the determination of such applications; a naturalization examiner represents the Service at judicial hearings on petitions for naturalization and, when designated by the Commissioner or Deputy Commissioner, conducts preliminary hearings on petitions for naturalization. (d) Patrol inspectors. Under the immediate direction of an officer in charge, a patrol inspector guards the boundaries of the United States against the illegal entry of aliens. § 1.40 Final authority; power to delegate. The final authority of the Attorney General in the administration of any designated provision of the immigration and nationality laws may be, and has in some instances been, delegated to the Board of Immigration Appeals, the Commissioner, or to such other officers of the United States Department of Justice, respectively, as the Attorney General may specifically designate. The delegation of any such authority by the Attorney General does not divest the Attorney General of such authority. With respect to any authority delegated, the Attorney General retains concurrent and coexistent power and authority. (R. S. 161, 360, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, secs. 37 (a), 327 (b), 54 Stat. 675, 1151; 5 U. S. C. 22, 311, 8 U. S. C. 108, 222, 458 (a), 727 (b). § 1.41 Final authority; delegation to Board of Immigration Appeals. A statement of the final authority of the Attorney General which has been delegated to the Board of Immigration Appeals is included in Part 90 of this chapter. § 1.42 Final authority; delegation to Commissioner. The Commissioner has authority to exercise or direct the exercise by subordinate officers of certain powers granted to him by the immigration and nationality laws. In addition, where a statute renders an action or determination by the Commissioner subject to the approval of the Attorney General, the Attorney General's authority to approve has been, with prescribed limitations, delegated to the Commissioner by § 90.1 of this chapter. The Commissioner has also been granted power to exercise such final authority of the Attorney General as is delegated by § 90.1 of this chapter, which includes, but is not limited to, determinations involving the following, subject to such provisions of Part 90 of this chapter as may be applicable: (a) Appeals from decisions of boards of special inquiry in exclusion or preexamination proceedings; (b) Deportation (or expulsion) proceedings; (c) Administrative fines and penalties against persons, steamship companies, or other carriers, for violations of the immigration laws; (d) Applications for admission under the 7th or 9th proviso to section 3 of the Immigration Act of 1917; (e) Requests for stay of execution of a warrant of deportation; (f) Applications filed in accordance with section 9 of the Immigration Act of 1924 for nonquota or preference quota status; (g) Denial of the privilege of landing alien immigrant passengers at United States ports in the case of transportation companies persistently violating the provisions of section 7 of the Immigration Act of 1917 (39 Stat. 879; 8 U. S. C. 143); (h) Landing for medical treatment in a hospital of aliens certified to be suffering from tuberculosis in any form or from a loathsome or dangerous contagious disease other than one of a quarantinable nature (sec. 18, 39 Stat. 887; 8 U. S. C. 154); (i) Admission of otherwise admissible immigrants not of the nationality specified in the immigration visa or not nonquota although so specified in the immigration visa (sec. 13 (d), 43 Stat. 161; 8 U. S. C. 213 (d)); (j) Permission to aliens admitted temporarily when under 16 years of age prior to May 26, 1924, either of whose parents was a citizen of the United States, to remain permanently in the United States (Sec. 14, 43 Stat. 162; 8 U. S. C. 214). § 1.43 Final authority; delegation to General Counsel. The final authority of the Attorney General or the Commissioner delegated to the General Counsel is stated in § 90.17 of this chapter, and also includes authority to determine applications for copies of, information from, and certifications of immigration and naturalization records in the custody or control of the Commissioner, as provided in §383.7 of this chapter (sec. 6 (a), 48 Stat. 1109, secs. 327 (g), 341 (e), 54 Stat. 1151, 1161; 28 U. S. C. 661, 8 U. S. C. 727 (g), 741 (e)). § 1.44 Final authority; delegation to Assistant Commissioner for Adjudications. The final authority of the Attorney General or the Commissioner delegated to the Assistant Commissioner for Adjudications includes determinations involving the following: (a) Applications for permission to reapply for admission to the United States after exclusion and deportation or arrest |