- CHAPTER I DEPARTMENT OF HOMELAND SECURITY
- SUBCHAPTER A GENERAL PROVISIONS
- PART 1 DEFINITIONS
- § 1.1 Applicability.
- § 1.2 Definitions.
- § 1.3 Lawfully present aliens for purposes of applying for Social Security benefits.
- § 1.4 Definition of Form I-94
- PART 2 AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY
- § 2.1 Authority of the Secretary of Homeland Security.
- PART 3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
- § 3.0 Executive Office for Immigration Review.
- SUBCHAPTER B IMMIGRATION REGULATIONS
- PART 100 STATEMENT OF ORGANIZATION
- § 100.1 Introduction.
- § 100.2 [Reserved]
- § 100.3 Places where, and methods whereby, information may be secured or submittals or requests made.
- § 100.4 Field offices.
- § 100.5 Regulations.
- § 100.6 [Reserved]
- PART 101 PRESUMPTION OF LAWFUL ADMISSION
- § 101.1 Presumption of lawful admission.
- § 101.2 Presumption of lawful admission; entry under erroneous name or other errors.
- § 101.3 Creation of record of lawful permanent resident status for persons born to foreign government employees in the United States.
- § 101.4 Registration procedure.
- § 101.5 Special immigrant status for certain G-4 nonimmigrants.
- PART 103 IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS
- Subpart A Applying for Benefits, Surety Bonds, Fees
- § 103.1 [Reserved]
- § 103.2 Submission and adjudication of benefit requests.
- § 103.3 Denials, appeals, and precedent decisions.
- § 103.4 Certifications.
- § 103.5 Reopening or reconsideration.
- § 103.6 Immigration bonds.
- § 103.7 Fees.
- § 103.8 Service of decisions and other notices.
- § 103.9 Request for further action on an approved benefit request.
- § 103.10 Precedent decisions.
- Subpart B Biometric Requirements
- § 103.16 Collection, use and storage of biometric information.
- § 103.17 Biometric services fee.
- §§ 103.20-103.36 [Reserved]
- C Subpart C [Reserved]
- Subpart D Availability of Records
- § 103.38 Genealogy Program.
- § 103.39 Historical Records.
- § 103.40 Genealogical research requests.
- § 103.41 [Reserved]
- § 103.42 Rules relating to the Freedom of Information Act (FOIA) and the Privacy Act.
- PART 106 USCIS FEE SCHEDULE
- § 106.1 Fee requirements.
- § 106.2 USCIS fees.
- § 106.3 Fee waivers and exemptions.
- § 106.4 Premium processing service.
- § 106.5 Authority to certify records.
- § 106.6 DHS severability.
- 109 PART 109 [RESERVED]
- PART 204 IMMIGRANT PETITIONS
- Subpart A Immigrant Visa Petitions
- § 204.1 General information about immediate relative and family-sponsored petitions.
- § 204.2 Petitions for relatives, widows and widowers, and abused spouses and children.
- § 204.3 Orphan cases under section 101(b)(1)(F) of the Act (non-Hague Adoption Convention cases).
- § 204.4 Amerasian child of a United States citizen.
- § 204.5 Petitions for employment-based immigrants.
- § 204.6 Petitions for employment creation immigrants.
- § 204.7 Preservation of benefits contained in savings clause of Immigration and Nationality Act Amendments of 1976.
- § 204.8 [Reserved]
- § 204.9 Special immigrant status for certain aliens who have served honorably (or are enlisted to serve) in the Armed Forces of the United States for at least 12 years.
- § 204.10 [Reserved]
- § 204.11 Special immigrant juvenile classification.
- § 204.12 How can second-preference immigrant physicians be granted a national interest waiver based on service in a medically underserved area or VA facility?
- § 204.13 How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster?
- B Subpart B [Reserved]
- Subpart C Intercountry Adoption of a Convention Adoptee
- § 204.300 Scope of this subpart.
- § 204.301 Definitions.
- § 204.302 Role of service providers.
- § 204.303 Determination of habitual residence.
- § 204.304 Improper inducement prohibited.
- § 204.305 State preadoption requirements.
- § 204.306 Classification as an immediate relative based on a Convention adoption.
- § 204.307 Who may file a Form I-800A or Form I-800.
- § 204.308 Where to file Form I-800A or Form I-800.
- § 204.309 Factors requiring denial of a Form I-800A or Form I-800.
- § 204.310 Filing requirements for Form I-800A.
- § 204.311 Convention adoption home study requirements.
- § 204.312 Adjudication of the Form I-800A.
- § 204.313 Filing and adjudication of a Form I-800.
- § 204.314 Appeal.
- PART 205 REVOCATION OF APPROVAL OF PETITIONS
- § 205.1 Automatic revocation.
- § 205.2 Revocation on notice.
- PART 207 ADMISSION OF REFUGEES
- § 207.1 Eligibility.
- § 207.2 Applicant processing.
- § 207.3 Waivers of inadmissibility.
- § 207.4 Approved application.
- § 207.5 Waiting lists and priority handling.
- § 207.6 Control over approved refugee numbers.
- § 207.7 Derivatives of refugees.
- § 207.8 Physical presence in the United States.
- § 207.9 Termination of refugee status.
- PART 208 PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
- Subpart A Asylum and Withholding of Removal
- § 208.1 General.
- § 208.2 Jurisdiction.
- § 208.3 Form of application.
- § 208.4 Filing the application.
- § 208.5 Special duties toward aliens in custody of DHS.
- § 208.6 Disclosure to third parties.
- § 208.7 Employment authorization.
- § 208.8 Limitations on travel outside the United States.
- § 208.9 Procedure for interview before an asylum officer.
- § 208.10 Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprint processing.
- § 208.11 Comments from the Department of State.
- § 208.12 Reliance on information compiled by other sources.
- § 208.13 Establishing asylum eligibility.
- § 208.14 Approval, denial, referral, or dismissal of application.
- § 208.15 Definition of “firm resettlement.”
- § 208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.
- § 208.17 Deferral of removal under the Convention Against Torture.
- § 208.18 Implementation of the Convention Against Torture.
- § 208.19 Decisions.
- § 208.20 Determining if an asylum application is frivolous.
- § 208.21 Admission of the asylee's spouse and children.
- § 208.22 Effect on exclusion, deportation, and removal proceedings.
- § 208.23 Restoration of status.
- § 208.24 Termination of asylum or withholding of removal or deportation.
- § 208.25 Severability.
- §§ 208.26-208.29 [Reserved]
- Subpart B Credible Fear of Persecution
- § 208.30 Credible fear determinations involving stowaways and applicants for admission found inadmissible pursuant to section 212(a)(6)(C) or 212(a)(7) of the Act.
- § 208.31 Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act.
- Subpart C Lawful Pathways and Asylum Eligibility for Certain Aliens Who Entered Between May 11, 2023, and May 11, 2025
- § 208.33 Lawful pathways condition on asylum eligibility.
- Subpart D Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances
- § 208.35 Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances.
- PART 209 ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM
- § 209.1 Adjustment of status of refugees.
- § 209.2 Adjustment of status of alien granted asylum.
- PART 210 SPECIAL AGRICULTURAL WORKERS
- § 210.1 Definition of terms used in this part.
- § 210.2 Application for temporary resident status.
- § 210.3 Eligibility.
- § 210.4 Status and benefits.
- § 210.5 Adjustment to permanent resident status.
- PART 211 DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS
- § 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.
- PART 212 DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
- § 212.0 Definitions.
- § 212.1 Documentary requirements for nonimmigrants.
- § 212.2 Consent to reapply for admission after deportation, removal or departure at Government expense.
- § 212.3 Application for the exercise of discretion under section 212(c).
- § 212.4 Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3).
- § 212.5 Parole of aliens into the United States.
- § 212.6 Border crossing identification cards.
- § 212.7 Waiver of certain grounds of inadmissibility.
- §§ 212.8-212.9 [Reserved]
- § 212.10 Section 212(k) waiver.
- § 212.11 [Reserved]
- § 212.12 Parole determinations and revocations respecting Mariel Cubans.
- § 212.13 [Reserved]
- § 212.14 Parole determinations for alien witnesses and informants for whom a law enforcement authority (“LEA”) will request S classification.
- § 212.15 Certificates for foreign health care workers.
- § 212.16 Applications for exercise of discretion relating to T nonimmigrant status.
- § 212.17 Applications for the exercise of discretion relating to U nonimmigrant status.
- § 212.18 Applications for waivers of inadmissibility in connection with an application for adjustment of status by T nonimmigrant status holders.
- § 212.19 Parole for entrepreneurs.
- PART 213 ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT
- § 213.1 Admission under bond or cash deposit.
- PART 213a AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS
- § 213a.1 Definitions.
- § 213a.2 Use of affidavit of support.
- § 213a.3 Change of address.
- § 213a.4 Actions for reimbursement, public notice, and congressional reports.
- § 213a.5 Relationship of this part to other affidavits of support.
- PART 214 NONIMMIGRANT CLASSES
- Subpart A Classes A through S
- § 214.1 Requirements for admission, extension, and maintenance of status.
- § 214.2 Special requirements for admission, extension, and maintenance of status.
- § 214.3 Certification and recertification of schools for enrollment of F and M nonimmigrants.
- § 214.4 Denial of certification, denial of recertification, or withdrawal of SEVP certification.
- § 214.5 Libyan and third country nationals acting on behalf of Libyan entities.
- § 214.6 Citizens of Canada or Mexico seeking temporary entry under USMCA to engage in business activities at a professional level.
- § 214.7 Habitual residence in the territories and possessions of the United States and consequences thereof.
- §§ 214.8-214.10 [Reserved]
- § 214.11 Former regulations for noncitizen victims of severe forms of trafficking in persons.
- § 214.12 [Reserved]
- § 214.13 SEVIS fee for certain F, J, and M nonimmigrants.
- § 214.14 Alien victims of certain qualifying criminal activity.
- § 214.15 Certain spouses and children of lawful permanent residents.
- B Subpart B [Reserved]
- Subpart C Noncitizen Victims of Severe Forms of Trafficking in Persons
- § 214.200 Scope of this subpart.
- § 214.201 Definitions.
- § 214.202 Eligibility for T-1 nonimmigrant status.
- § 214.203 Period of admission.
- § 214.204 Application.
- § 214.205 Bona fide determination.
- § 214.206 Victim of a severe form of trafficking in persons.
- § 214.207 Physical presence.
- § 214.208 Compliance with any reasonable request for assistance in the detection, investigation, or prosecution of an act of trafficking.
- § 214.209 Extreme hardship involving unusual and severe harm.
- § 214.210 Annual numerical limit.
- § 214.211 Application for eligible family members.
- § 214.212 Extension of T nonimmigrant status.
- § 214.213 Revocation of approved T nonimmigrant status.
- § 214.214 Removal proceedings.
- § 214.215 USCIS employee referral.
- § 214.216 Restrictions on use and disclosure of information relating to applicants for T nonimmigrant classification.
- PART 215 CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES; ELECTRONIC VISA UPDATE SYSTEM
- Subpart A Controls of Aliens Departing from the United States
- § 215.1 Definitions.
- § 215.2 Authority of departure-control officer to prevent alien's departure from the United States.
- § 215.3 Alien whose departure is deemed prejudicial to the interests of the United States.
- § 215.4 Procedure in case of alien prevented from departing from the United States.
- § 215.5 Hearing procedure before special inquiry officer.
- § 215.6 Departure from the Canal Zone, the Trust Territory of the Pacific Islands, or outlying possessions of the United States.
- § 215.7 Instructions from the Administrator required in certain cases.
- § 215.8 Requirements for biometrics from aliens on departure from the United States.
- § 215.9 Temporary Worker Visa Exit Program.
- Subpart B Electronic Visa Update System
- § 215.21 Purpose.
- § 215.22 Applicability.
- § 215.23 Definitions.
- § 215.24 Electronic Visa Update System (EVUS) requirements.
- PART 216 CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS
- § 216.1 Definition of conditional permanent resident.
- § 216.2 Notification requirements.
- § 216.3 Termination of conditional resident status.
- § 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.
- § 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.
- § 216.6 Petition by investor to remove conditional basis of lawful permanent resident status.
- PART 217 VISA WAIVER PROGRAM
- § 217.1 Scope.
- § 217.2 Eligibility.
- § 217.3 Maintenance of status.
- § 217.4 Inadmissibility and deportability.
- § 217.5 Electronic System for Travel Authorization.
- § 217.6 Carrier agreements.
- § 217.7 Electronic data transmission requirement.
- PART 221 ADMISSION OF VISITORS OR STUDENTS
- § 221.1 Admission under bond.
- PART 223 REENTRY PERMITS, REFUGEE TRAVEL DOCUMENTS, AND ADVANCE PAROLE DOCUMENTS
- § 223.1 Purpose of documents.
- § 223.2 Application and processing.
- § 223.3 Validity and effect on admissibility.
- PART 231 ARRIVAL AND DEPARTURE MANIFESTS
- § 231.1 Electronic manifest and I-94 requirement for passengers and crew onboard arriving vessels and aircraft.
- § 231.2 Electronic manifest and I-94 requirement for passengers and crew onboard departing vessels and aircraft.
- § 231.3 Exemptions for private vessels and aircraft.
- PART 232 DETENTION OF ALIENS FOR PHYSICAL AND MENTAL EXAMINATION
- § 232.1 General.
- § 232.2 Examination in the United States of alien applicants for benefits under the immigration laws and other aliens.
- § 232.3 Arriving aliens.
- PART 233 CONTRACTS WITH TRANSPORTATION LINES
- § 233.1 Contracts.
- § 233.2 Transportation lines bringing aliens to the United States from or through foreign contiguous territory or adjacent islands.
- § 233.3 [Reserved]
- § 233.4 Preinspection outside the United States.
- § 233.5 Aliens entering Guam pursuant to section 14 of Public Law 99-396, “Omnibus Territories Act.”
- § 233.6 Aliens entering Guam or the Commonwealth of the Northern Mariana Islands pursuant to Title VII of Public Law 110-229, “Consolidated Natural Resources Act of 2008.”
- PART 234 DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY CIVIL AIRCRAFT
- § 234.1 Definitions.
- § 234.2 Landing requirements.
- § 234.3 Aircraft; how considered.
- § 234.4 International airports for entry of aliens.
- PART 235 INSPECTION OF PERSONS APPLYING FOR ADMISSION
- § 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 (PORTPASS).
- § 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.
- § 235.12 Global Entry program.
- § 235.13 U.S. Asia-Pacific Economic Cooperation Business Travel Card Program.
- § 235.14 SENTRI program.
- § 235.15 Inadmissible aliens and expedited removal during emergency border circumstances.
- PART 236 APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
- Subpart A Detention of Aliens Prior to Order of Removal
- § 236.1 Apprehension, custody, and detention.
- § 236.2 Confined aliens, incompetents, and minors.
- § 236.3 Processing, detention, and release of alien minors.
- § 236.4 Removal of S-5, S-6, and S-7 nonimmigrants.
- § 236.5 Fingerprints and photographs.
- § 236.6 Information regarding detainees.
- §§ 236.7-236.9 [Reserved]
- Subpart B Family Unity Program
- § 236.10 Description of program.
- § 236.11 Definitions.
- § 236.12 Eligibility.
- § 236.13 Ineligible aliens.
- § 236.14 Filing.
- § 236.15 Voluntary departure and eligibility for employment.
- § 236.16 Travel outside the United States.
- § 236.17 Eligibility for Federal financial assistance programs.
- § 236.18 Termination of Family Unity Program benefits.
- Subpart C Deferred Action for Childhood Arrivals
- § 236.21 Applicability.
- § 236.22 Discretionary determination.
- § 236.23 Procedures for request, terminations, and restrictions on information use.
- § 236.24 Severability.
- § 236.25 No private rights.
- 237 PART 237 [RESERVED]
- PART 238 EXPEDITED REMOVAL OF AGGRAVATED FELONS
- § 238.1 Proceedings under section 238(b) of the Act.
- PART 239 INITIATION OF REMOVAL PROCEEDINGS
- § 239.1 Notice to appear.
- § 239.2 Cancellation of notice to appear.
- § 239.3 Effect of filing notice to appear.
- PART 240 VOLUNTARY DEPARTURE, SUSPENSION OF DEPORTATION AND SPECIAL RULE CANCELLATION OF REMOVAL
- Subpart A Removal Proceedings [Reserved]
- Subpart B Cancellation of Removal
- § 240.21 Suspension of deportation and adjustment of status under section 244(a) of the Act (as in effect before April 1, 1997) and cancellation of removal and adjustment of status under section 240A(b) of the Act for certain nonpermanent residents.
- Subpart C Voluntary Departure
- § 240.25 Voluntary departure—authority of the Service.
- Subpart D Exclusion of Aliens (for Proceedings Commenced Prior to April 1, 1997) [Reserved]
- Subpart E Proceedings To Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior to April 1, 1997) [Reserved]
- Subpart F Suspension of Deportation and Voluntary Departure (for Proceedings Commenced Prior to April 1, 1997) [Reserved]
- Subpart G Civil Penalties for Failure To Depart [Reserved]
- Subpart H Applications for Suspension of Deportation or Special Rule Cancellation of Removal Under Section 203 of Pub. L. 105-100
- § 240.60 Definitions.
- § 240.61 Applicability.
- § 240.62 Jurisdiction.
- § 240.63 Application process.
- § 240.64 Eligibility—general.
- § 240.65 Eligibility for suspension of deportation.
- § 240.66 Eligibility for special rule cancellation of removal.
- § 240.67 Procedure for interview before an asylum officer.
- § 240.68 Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprinting.
- § 240.69 Reliance on information compiled by other sources.
- § 240.70 Decision by the Service.
- PART 241 APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
- Subpart A Post-hearing Detention and Removal
- § 241.1 Final order of removal.
- § 241.2 Warrant of removal.
- § 241.3 Detention of aliens during removal period.
- § 241.4 Continued detention of inadmissible, criminal, and other aliens beyond the removal period.
- § 241.5 Conditions of release after removal period.
- § 241.6 Administrative stay of removal.
- § 241.7 Self-removal.
- § 241.8 Reinstatement of removal orders.
- § 241.9 Notice to transportation line of alien's removal.
- § 241.10 Special care and attention of removable aliens.
- § 241.11 Detention and removal of stowaways.
- § 241.12 Nonapplication of costs of detention and maintenance.
- § 241.13 Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future.
- § 241.14 Continued detention of removable aliens on account of special circumstances.
- § 241.15 Countries to which aliens may be removed.
- §§ 241.16-241.19 [Reserved]
- Subpart B Deportation of Excluded Aliens (for Hearings Commenced Prior to April 1, 1997)
- § 241.20 Proceedings commenced prior to April 1, 1997.
- § 241.21 Stay of deportation of excluded alien.
- § 241.22 Notice to surrender for deportation.
- § 241.23 Cost of maintenance not assessed.
- § 241.24 Notice to transportation line of alien's exclusion.
- § 241.25 Deportation.
- §§ 241.26-241.29 [Reserved]
- Subpart C Deportation of Aliens in the United States (for Hearings Commenced Prior to April 1, 1997)
- § 241.30 Proceedings commenced prior to April 1, 1997.
- § 241.31 Final order of deportation.
- § 241.32 Warrant of deportation.
- § 241.33 Expulsion.
- 242-243 PARTS 242-243 [RESERVED]
- PART 244 TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES
- § 244.1 Definitions.
- § 244.2 Eligibility.
- § 244.3 Applicability of grounds of inadmissibility.
- § 244.4 Ineligible aliens.
- § 244.5 Temporary treatment benefits for eligible aliens.
- § 244.6 Application.
- § 244.7 Filing the application.
- § 244.8 Appearance.
- § 244.9 Evidence.
- § 244.10 Decision and appeal.
- § 244.11 Renewal of application; appeal to the Board of Immigration Appeals.
- § 244.12 Employment authorization.
- § 244.13 Termination of temporary treatment benefits.
- § 244.14 Withdrawal of Temporary Protected Status.
- § 244.15 Travel abroad.
- § 244.16 Confidentiality.
- § 244.17 Periodic registration.
- § 244.18 Issuance of charging documents; detention.
- § 244.19 Termination of designation.
- PART 245 ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
- § 245.1 Eligibility.
- § 245.2 Application.
- § 245.3 Adjustment of status under section 13 of the Act of September 11, 1957, as amended.
- § 245.4 Documentary requirements.
- § 245.5 Medical examination.
- § 245.6 Interview.
- § 245.7 Adjustment of status of certain Soviet and Indochinese parolees under the Foreign Operations Appropriations Act for Fiscal Year 1990 (Pub. L. 101-167).
- § 245.8 Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act.
- § 245.9 [Reserved]
- § 245.10 Adjustment of status upon payment of additional sum under section 245(i).
- § 245.11 Adjustment of aliens in S nonimmigrant classification.
- §§ 245.12-245.14 [Reserved]
- § 245.15 Adjustment of status of certain Haitian nationals under the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA).
- § 245.18 Physicians with approved employment-based petitions serving in a medically underserved area or a Veterans Affairs facility.
- § 245.20 [Reserved]
- § 245.21 Adjustment of status of certain nationals of Vietnam, Cambodia, and Laos (section 586 of Public Law 106-429).
- § 245.22 Evidence to demonstrate an alien's physical presence in the United States on a specific date.
- § 245.23 Adjustment of noncitizens in T nonimmigrant classification.
- § 245.24 Adjustment of aliens in U nonimmigrant status.
- § 245.25 Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment.
- PART 245a ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF THE IMMIGRATION AND NATIONALITY ACT
- Subpart A Immigration Reform and Control Act of 1986 (IRCA) Legalization Provisions
- § 245a.1 Definitions.
- § 245a.2 Application for temporary residence.
- § 245a.3 Application for adjustment from temporary to permanent resident status.
- § 245a.4 Adjustment to lawful resident status of certain nationals of countries for which extended voluntary departure has been made available.
- § 245a.5 Temporary disqualification of certain newly legalized aliens from receiving benefits from programs of financial assistance furnished under federal law.
- § 245a.6 Treatment of denied application under part 245a, Subpart B.
- Subpart B Legal Immigration Family Equity (LIFE) Act Legalization Provisions
- § 245a.10 Definitions.
- § 245a.11 Eligibility to adjust to LPR status.
- § 245a.12 Filing and applications.
- § 245a.13 During pendency of application.
- § 245a.14 Application for class membership in the CSS, LULAC, or Zambrano lawsuit.
- § 245a.15 Continuous residence in an unlawful status since prior to January 1, 1982, through May 4, 1988.
- § 245a.16 Continuous physical presence from November 6, 1986, through May 4, 1988.
- § 245a.17 Citizenship skills.
- § 245a.18 Ineligibility and applicability of grounds of inadmissibility.
- § 245a.19 Interviews.
- § 245a.20 Decisions, appeals, motions, and certifications.
- § 245a.21 Confidentiality.
- § 245a.22 Rescission.
- §§ 245a.23-245a.29 [Reserved]
- Subpart C LIFE Act Amendments Family Unity Provisions
- § 245a.30 Description of program.
- § 245a.31 Eligibility.
- § 245a.32 Ineligible aliens.
- § 245a.33 Filing.
- § 245a.34 Protection from removal, eligibility for employment, and period of authorized stay.
- § 245a.35 Travel outside the United States.
- § 245a.36 [Reserved]
- § 245a.37 Termination of Family Unity Program benefits.
- PART 246 RESCISSION OF ADJUSTMENT OF STATUS
- § 246.1 Notice.
- § 246.2 Allegations admitted; no answer filed; no hearing requested.
- § 246.3 Allegations contested or denied; hearing requested.
- § 246.4 Immigration judge's authority; withdrawal and substitution.
- § 246.5 Hearing.
- § 246.6 Decision and order.
- § 246.7 Appeals.
- § 246.8 [Reserved]
- § 246.9 Surrender of Form I-551.
- PART 247 ADJUSTMENT OF STATUS OF CERTAIN RESIDENT ALIENS
- § 247.1 Scope of part.
- § 247.11 Notice.
- § 247.12 Disposition of case.
- § 247.13 Disposition of Form I-508.
- § 247.14 Surrender of documents.
- PART 248 CHANGE OF NONIMMIGRANT CLASSIFICATION
- § 248.1 Eligibility.
- § 248.2 Ineligible classes.
- § 248.3 Petition and application.
- PART 249 CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE
- § 249.1 Waiver of inadmissibility.
- § 249.2 Application.
- § 249.3 Reopening and reconsideration.
- PART 250 REMOVAL OF ALIENS WHO HAVE FALLEN INTO DISTRESS
- § 250.1 Application.
- § 250.2 Removal authorization.
- PART 251 ARRIVAL AND DEPARTURE MANIFESTS AND LISTS: SUPPORTING DOCUMENTS
- § 251.1 Arrival manifests and lists.
- § 251.2 Notification of illegal landings.
- § 251.3 Departure manifests and lists for vessels.
- § 251.4 Departure manifests and lists for aircraft.
- § 251.5 Arrival and departure manifests for crew.
- § 251.6 Exemptions for private vessels and aircraft.
- PART 252 LANDING OF ALIEN CREWMEN
- § 252.1 Examination of crewmen.
- § 252.2 Revocation of conditional landing permits; removal.
- § 252.3 Great Lakes vessels and tugboats arriving in the United States from Canada; special procedures.
- § 252.4 Permanent landing permit and identification card.
- § 252.5 Special procedures for deserters from Spanish or Greek ships of war.
- PART 253 PAROLE OF ALIEN CREWMEN
- § 253.1 Parole.
- § 253.2 Termination of parole.
- PART 258 LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN
- § 258.1 Limitations—General.
- § 258.2 Exceptions.
- § 258.3 Action upon arrival.
- § 258.4 Debarment of vessels.
- PART 264 REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES
- § 264.1 Registration and fingerprinting.
- § 264.2 Application for creation of record of permanent residence.
- § 264.4 [Reserved]
- § 264.5 Application for a replacement Permanent Resident Card.
- § 264.6 Application for a nonimmigrant arrival-departure record.
- PART 265 NOTICES OF ADDRESS
- § 265.1 Reporting change of address.
- PART 270 PENALTIES FOR DOCUMENT FRAUD
- § 270.1 Definitions.
- § 270.2 Enforcement procedures.
- § 270.3 Penalties.
- PART 271 DILIGENT AND REASONABLE EFFORTS TO PREVENT THE UNAUTHORIZED ENTRY OF ALIENS BY THE OWNERS OF RAILROAD LINES, INTERNATIONAL BRIDGES OR TOLL ROADS
- § 271.1 Procedures for inspections.
- PART 273 CARRIER RESPONSIBILITIES AT FOREIGN PORTS OF EMBARKATION; REDUCING, REFUNDING, OR WAIVING FINES UNDER SECTION 273 OF THE ACT
- § 273.1 General.
- § 273.2 Definition.
- § 273.3 Screening procedures.
- § 273.4 Demonstration by carrier that screening requirements were met.
- § 273.5 General criteria used for reduction, refund, or waiver of fines.
- § 273.6 Memorandum of Understanding.
- PART 274 SEIZURE AND FORFEITURE OF CONVEYANCES
- § 274.1 Seizure and forfeiture authority.
- § 274.2 Delegation of authority.
- PART 274a CONTROL OF EMPLOYMENT OF ALIENS
- Subpart A Employer Requirements
- § 274a.1 Definitions.
- § 274a.2 Verification of identity and employment authorization.
- § 274a.3 Continuing employment of unauthorized aliens.
- § 274a.4 Good faith defense.
- § 274a.5 Use of labor through contract.
- § 274a.6 State employment agencies.
- § 274a.7 Pre-enactment provisions for employees hired prior to November 7, 1986 or in the CNMI prior to the transition program effective date.
- § 274a.8 Prohibition of indemnity bonds.
- § 274a.9 Enforcement procedures.
- § 274a.10 Penalties.
- § 274a.11 [Reserved]
- Subpart B Employment Authorization
- § 274a.12 Classes of aliens authorized to accept employment.
- § 274a.13 Application for employment authorization.
- § 274a.14 Termination of employment authorization.
- PART 280 IMPOSITION AND COLLECTION OF FINES
- § 280.1 Notice of intention to fine; administrative proceedings not exclusive.
- § 280.2 Special provisions relating to aircraft.
- § 280.3 Departure of vessel or aircraft prior to denial of clearance.
- § 280.4 Data concerning cost of transportation.
- § 280.5 Mitigation or remission of fines.
- § 280.6 Bond to obtain clearance; form.
- § 280.7 Approval of bonds or acceptance of cash deposit to obtain clearance.
- § 280.11 Notice of intention to fine; procedure.
- § 280.12 Answer and request or order for interview.
- § 280.13 Disposition of case.
- § 280.14 Record.
- § 280.15 Notice of final decision to district director of customs.
- § 280.21 Seizure of aircraft.
- § 280.51 Application for mitigation or remission.
- § 280.52 Payment of fines.
- § 280.53 Civil monetary penalties inflation adjustment.
- PART 281 IMPOSITION AND COLLECTION OF PENALTIES UNDER SECTIONS 240B(d), 274D(a)(1), and 275(b) OF THE ACT
- § 281.1 Exclusive procedures for civil monetary penalties under sections 240B(d), 274D(a)(1), and 275(b) of the Act.
- § 281.2 [Reserved]
- PART 286 IMMIGRATION USER FEE
- § 286.1 Definitions.
- § 286.2 Fee for arrival of passengers aboard commercial aircraft or commercial vessels.
- § 286.3 Exceptions.
- § 286.4 Fee collection responsibility.
- § 286.5 Remittance and statement procedures.
- § 286.6 Maintenance of records.
- § 286.7 Penalties.
- § 286.8 Establishment of pilot programs for the charging of a land border fee for inspection services.
- § 286.9 Fee for processing applications and issuing documentation at land border Ports-of-Entry.
- PART 287 FIELD OFFICERS; POWERS AND DUTIES
- § 287.1 Definitions.
- § 287.2 Disposition of criminal cases.
- § 287.3 Disposition of cases of aliens arrested without warrant.
- § 287.4 Subpoena.
- § 287.5 Exercise of power by immigration officers.
- § 287.6 Proof of official records.
- § 287.7 Detainer provisions under section 287(d)(3) of the Act.
- § 287.8 Standards for enforcement activities.
- § 287.9 Criminal search warrant and firearms policies.
- § 287.10 Expedited internal review process.
- § 287.11 Pre-enrolled Access Lane.
- § 287.12 Scope.
- PART 289 AMERICAN INDIANS BORN IN CANADA
- § 289.1 Definition.
- § 289.2 Lawful admission for permanent residence.
- § 289.3 Recording the entry of certain American Indians born in Canada.
- PART 292 REPRESENTATION AND APPEARANCES
- § 292.1 Representation of others.
- § 292.2 Organizations qualified for recognition; requests for recognition; withdrawal of recognition; accreditation of representatives; roster.
- § 292.3 Professional conduct for practitioners—Rules and procedures.
- § 292.4 Appearances.
- § 292.5 Service upon and action by attorney or representative of record.
- § 292.6 Interpretation.
- PART 293 DEPOSIT OF AND INTEREST ON CASH RECEIVED TO SECURE IMMIGRATION BONDS
- § 293.1 Computation of interest.
- § 293.2 Interest rate.
- § 293.3 Time of payment.
- PART 299 IMMIGRATION FORMS
- § 299.1 Prescribed forms.
- § 299.2 Distribution of Service forms.
- § 299.3 [Reserved]
- § 299.4 Reproduction of Public Use Forms by public and private entities.
- § 299.5 [Reserved]
- SUBCHAPTER C NATIONALITY REGULATIONS
- PART 301 NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
- § 301.1 Procedures.
- PART 306 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VIRGIN ISLANDERS
- § 306.1 Persons eligible.
- § 306.2 United States citizenship; when acquired.
- § 306.11 Preliminary application form; filing; examination.
- § 306.12 Renunciation forms; disposition.
- PART 310 NATURALIZATION AUTHORITY
- § 310.1 Administrative naturalization authority.
- § 310.2 Jurisdiction to accept applications for naturalization.
- § 310.3 Administration of the oath of allegiance.
- § 310.4 Judicial naturalization authority and withdrawal of petitions.
- § 310.5 Judicial review.
- PART 312 EDUCATIONAL REQUIREMENTS FOR NATURALIZATION
- § 312.1 Literacy requirements.
- § 312.2 Knowledge of history and government of the United States.
- § 312.3 Testing of applicants who obtained permanent residence pursuant to section 245A of the Act.
- § 312.4 Selection of interpreter.
- § 312.5 Failure to meet educational and literacy requirements.
- PART 313 MEMBERSHIP IN THE COMMUNIST PARTY OR ANY OTHER TOTALITARIAN ORGANIZATIONS
- § 313.1 Definitions.
- § 313.2 Prohibitions.
- § 313.3 Statutory exemptions.
- § 313.4 Procedure.
- PART 315 PERSONS INELIGIBLE TO CITIZENSHIP: EXEMPTION FROM MILITARY SERVICE
- § 315.1 Definitions.
- § 315.2 Ineligibility and exceptions.
- § 315.3 Evidence.
- § 315.4 Exemption treaties.
- PART 316 GENERAL REQUIREMENTS FOR NATURALIZATION
- § 316.1 Definitions.
- § 316.2 Eligibility.
- § 316.3 [Reserved]
- § 316.4 Application; documents.
- § 316.5 Residence in the United States.
- § 316.6 Physical presence for certain spouses of military personnel.
- §§ 316.7-316.9 [Reserved]
- § 316.10 Good moral character.
- § 316.11 Attachment to the Constitution; favorable disposition towards the good order and happiness.
- § 316.12 Applicant's legal incompetency during statutory period.
- § 316.13 [Reserved]
- § 316.14 Adjudication—examination, grant, denial.
- §§ 316.15-316.19 [Reserved]
- § 316.20 American institutions of research, public international organizations, and designations under the International Immunities Act.
- PART 318 PENDING REMOVAL PROCEEDINGS
- § 318.1 Warrant of arrest.
- PART 319 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS
- § 319.1 Persons living in marital union with United States citizen spouse.
- § 319.2 Person whose United States citizen spouse is employed abroad.
- § 319.3 Surviving spouses of United States citizens who died during a period of honorable service in an active duty status in the Armed Forces of the United States.
- § 319.4 Persons continuously employed for 5 years by United States organizations engaged in disseminating information.
- § 319.5 Public international organizations in which the U.S. participates by treaty or statute.
- § 319.6 United States nonprofit organizations engaged abroad in disseminating information which significantly promotes U.S. interests.
- §§ 319.7-319.10 [Reserved]
- § 319.11 Filing of application.
- PART 320 CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC ACQUISITION OF CITIZENSHIP
- § 320.1 What definitions are used in this part?
- § 320.2 Who is eligible for citizenship?
- § 320.3 How, where, and what forms and other documents should be filed?
- § 320.4 Who must appear for an interview on the application for citizenship?
- § 320.5 Decision.
- PART 322 CHILD BORN OUTSIDE THE UNITED STATES; REQUIREMENTS FOR APPLICATION FOR CERTIFICATE OF CITIZENSHIP
- § 322.1 What are the definitions used in this part?
- § 322.2 Eligibility.
- § 322.3 Application and supporting documents.
- § 322.4 Interview.
- § 322.5 Decision.
- PART 324 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE AND FORMER CITIZENS WHOSE NATURALIZATION IS AUTHORIZED BY PRIVATE LAW
- § 324.1 Definitions.
- § 324.2 Former citizen at birth or by naturalization.
- § 324.3 Women, citizens of the United States at birth, who lost or are believed to have lost citizenship by marriage and whose marriage has terminated.
- § 324.4 Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940.
- § 324.5 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law.
- PART 325 NATIONALS BUT NOT CITIZENS OF THE UNITED STATES; RESIDENCE WITHIN OUTLYING POSSESSIONS
- § 325.1 [Reserved]
- § 325.2 Eligibility.
- § 325.3 Residence.
- § 325.4 Application; documents.
- PART 327 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WHO LOST UNITED STATES CITIZENSHIP THROUGH SERVICE IN ARMED FORCES OF FOREIGN COUNTRY DURING WORLD WAR II
- § 327.1 Eligibility.
- § 327.2 Procedure for naturalization.
- PART 328 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WITH 1 YEAR OF SERVICE IN THE UNITED STATES ARMED FORCES
- § 328.1 Definitions.
- § 328.2 Eligibility.
- § 328.3 [Reserved]
- § 328.4 Application and evidence.
- PART 329 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WITH ACTIVE DUTY OR CERTAIN READY RESERVE SERVICE IN THE UNITED STATES ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES
- § 329.1 Definitions.
- § 329.2 Eligibility.
- § 329.3 [Reserved]
- § 329.4 Application and evidence.
- PART 330 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SEAMEN
- § 330.1 Eligibility.
- § 330.2 Application.
- PART 331 ALIEN ENEMIES; NATURALIZATION UNDER SPECIFIED CONDITIONS AND PROCEDURES
- § 331.1 Definitions.
- § 331.2 Eligibility.
- § 331.3 Investigation.
- § 331.4 Procedures.
- PART 332 NATURALIZATION ADMINISTRATION
- § 332.1 Designation of USCIS employees to administer oaths and conduct examinations and hearings.
- §§ 332.2-332.4 [Reserved]
- § 332.5 Official forms for use by clerks of court.
- PART 333 PHOTOGRAPHS
- § 333.1 Description of required photographs.
- § 333.2 Attachment of photographs to documents.
- PART 334 APPLICATION FOR NATURALIZATION
- § 334.1 Filing of application for naturalization.
- § 334.2 Application for naturalization.
- § 334.3 [Reserved]
- § 334.4 Investigation and report if applicant is sick or disabled.
- § 334.5 Amendment of application for naturalization; reopening proceedings.
- §§ 334.6-334.10 [Reserved]
- § 334.11 Declaration of intention.
- §§ 334.12-334.15 [Reserved]
- PART 335 EXAMINATION ON APPLICATION FOR NATURALIZATION
- § 335.1 Investigation of applicant.
- § 335.2 Examination of applicant.
- § 335.3 Determination on application; continuance of examination.
- § 335.4 Use of record of examination.
- § 335.5 Receipt of derogatory information after grant.
- § 335.6 Failure to appear for examination.
- § 335.7 Failure to prosecute application after initial examination.
- § 335.8 [Reserved]
- § 335.9 Transfer of application.
- § 335.10 Withdrawal of application.
- PART 336 HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION
- § 336.1 Denial after section 335 examination.
- § 336.2 USCIS hearing.
- §§ 336.3-336.8 [Reserved]
- § 336.9 Judicial review of denial determinations on applications for naturalization.
- PART 337 OATH OF ALLEGIANCE
- § 337.1 Oath of allegiance.
- § 337.2 Oath administered by USCIS or EOIR.
- § 337.3 Expedited administration of oath of allegiance.
- § 337.4 When requests for change of name granted.
- §§ 337.5-337.6 [Reserved]
- § 337.7 Information and assignment of individuals under exclusive jurisdiction.
- § 337.8 Oath administered by the courts.
- § 337.9 Effective date of naturalization.
- § 337.10 Failure to appear for oath administration ceremony.
- PART 338 CERTIFICATE OF NATURALIZATION
- § 338.1 Execution and issuance of certificate.
- § 338.2 Execution in case name is changed.
- § 338.3 Delivery of certificates.
- § 338.4 [Reserved]
- § 338.5 Correction of certificates.
- §§ 338.6-338.10 [Reserved]
- PART 339 FUNCTIONS AND DUTIES OF CLERKS OF COURT REGARDING NATURALIZATION PROCEEDINGS
- § 339.1 Administration of oath of allegiance to applicants for naturalization.
- § 339.2 Monthly reports.
- § 339.3 Relinquishment of naturalization jurisdiction.
- § 339.4 Binding of naturalization records.
- § 339.5 Recordkeeping.
- PART 340 REVOCATION OF NATURALIZATION
- § 340.1 [Reserved]
- § 340.2 Revocation proceedings pursuant to section 340(a) of the Act.
- PART 341 CERTIFICATES OF CITIZENSHIP
- § 341.1 Application.
- § 341.2 Examination upon application.
- § 341.3 Depositions.
- § 341.4 Surrender of immigration documents.
- § 341.5 Decision.
- PART 342 ADMINISTRATIVE CANCELLATION OF CERTIFICATES, DOCUMENTS, OR RECORDS
- § 342.1 Notice.
- § 342.2 Service of notice.
- § 342.3 Allegations admitted; no answer filed; no personal appearance requested.
- § 342.4 Answer asserting defense; personal appearance requested.
- § 342.5 Conduct of examination.
- § 342.6 Depositions.
- § 342.7 Report and recommendation.
- § 342.8 Appeals.
- § 342.9 Notice re 18 U.S.C. 1428.
- PART 343 CERTIFICATE OF NATURALIZATION OR REPATRIATION; PERSONS WHO RESUMED CITIZENSHIP UNDER SECTION 323 OF THE NATIONALITY ACT OF 1940, AS AMENDED, OR SECTION 4 OF THE ACT OF JUNE 29, 1906
- § 343.1 Application.
- PART 343a NATURALIZATION AND CITIZENSHIP PAPERS LOST, MUTILATED, OR DESTROYED; NEW CERTIFICATE IN CHANGED NAME; CERTIFIED COPY OF REPATRIATION PROCEEDINGS
- § 343a.1 Application for replacement of or new papers relating to naturalization, citizenship, or repatriation.
- § 343a.2 Return or replacement of surrendered certificate of naturalization or citizenship.
- PART 343b SPECIAL CERTIFICATE OF NATURALIZATION FOR RECOGNITION BY A FOREIGN STATE
- § 343b.1 Application.
- § 343b.2 Number of applications required.
- § 343b.3 Interview.
- § 343b.4 Applicant outside of United States.
- § 343b.5 Verification of naturalization.
- § 343b.11 Disposition of application.
- PART 343c CERTIFICATIONS FROM RECORDS
- § 343c.1 Application for certification of naturalization record of court or certificate of naturalization or citizenship.
- PART 349 LOSS OF NATIONALITY
- § 349.1 Japanese renunciation of nationality.
- PART 392 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WHO DIE WHILE SERVING ON ACTIVE DUTY WITH THE UNITED STATES ARMED FORCES DURING CERTAIN PERIODS OF HOSTILITIES
- § 392.1 Definitions.
- § 392.2 Eligibility for posthumous citizenship.
- § 392.3 Application for posthumous citizenship.
- § 392.4 Issuance of a certificate of citizenship.
- 393-499 PARTS 393-499 [RESERVED]
- CHAPTER V EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE
- SUBCHAPTER A GENERAL PROVISIONS
- 1000 PART 1000 [RESERVED]
- PART 1001 DEFINITIONS
- § 1001.1 Definitions.
- PART 1003 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
- § 1003.0 Executive Office for Immigration Review.
- Subpart A Board of Immigration Appeals
- § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals.
- § 1003.2 Reopening or reconsideration before the Board of Immigration Appeals.
- § 1003.3 Notice of appeal.
- § 1003.4 Withdrawal of appeal.
- § 1003.5 Forwarding of record on appeal.
- § 1003.6 Stay of execution of decision.
- § 1003.7 Notice of certification.
- § 1003.8 Fees before the Board.
- Subpart B Office of the Chief Immigration Judge
- § 1003.9 Office of the Chief Immigration Judge.
- § 1003.10 Immigration judges.
- § 1003.11 Administrative control Immigration Courts.
- Subpart C Immigration Court—Rules of Procedure
- § 1003.12 Scope of rules.
- § 1003.13 Definitions.
- § 1003.14 Jurisdiction and commencement of proceedings.
- § 1003.15 Contents of the order to show cause and notice to appear and notification of change of address.
- § 1003.16 Representation.
- § 1003.17 Entry of appearance.
- § 1003.18 Docket management.
- § 1003.19 Custody/bond.
- § 1003.20 Change of venue.
- § 1003.21 Pre-hearing conferences and statement.
- § 1003.22 Interpreters.
- § 1003.23 Reopening or reconsideration before the immigration court.
- § 1003.24 Fees pertaining to matters within the jurisdiction of an Immigration Judge.
- § 1003.25 Form of the proceeding.
- § 1003.26 In absentia hearings.
- § 1003.27 Public access to hearings.
- § 1003.28 Recording equipment.
- § 1003.29 Continuances.
- § 1003.30 Additional charges in deportation or removal hearings.
- § 1003.31 Filing documents and applications.
- § 1003.32 Service and size of documents.
- § 1003.33 Translation of documents.
- § 1003.34 Testimony.
- § 1003.35 Depositions and subpoenas.
- § 1003.36 Record of proceeding.
- § 1003.37 Decisions.
- § 1003.38 Appeals.
- § 1003.39 Finality of decision.
- § 1003.40 Local operating procedures.
- § 1003.41 Evidence of criminal conviction.
- § 1003.42 Review of credible fear determinations.
- § 1003.43 Motions to reopen for suspension of deportation and cancellation of removal pursuant to section 203(c) of NACARA and section 1505(c) of the LIFE Act Amendments.
- § 1003.44 Special motion to seek section 212(c) relief for aliens who pleaded guilty or nolo contendere to certain crimes before April 1, 1997.
- § 1003.46 Protective orders, sealed submissions in Immigration Courts.
- § 1003.47 Identity, law enforcement, or security investigations or examinations relating to applications for immigration relief, protection, or restriction on removal.
- Subpart D Special Provisions
- § 1003.55 Treatment of post-conviction orders.
- Subpart E List of Pro Bono Legal Service Providers
- § 1003.61 General provisions.
- § 1003.62 Eligibility.
- § 1003.63 Applications.
- § 1003.64 Approval and denial of applications.
- § 1003.65 Removal of a provider from the List.
- § 1003.66 Changes in information or status.
- F Subpart F [Reserved]
- Subpart G Professional Conduct for Practitioners—Rules and Procedures
- § 1003.101 General provisions.
- § 1003.102 Grounds.
- § 1003.103 Immediate suspension and summary disciplinary proceedings; duty of practitioner to notify EOIR of conviction or discipline.
- § 1003.104 Filing of complaints; preliminary inquiries; resolutions; referral of complaints.
- § 1003.105 Notice of Intent to Discipline.
- § 1003.106 Right to be heard and disposition.
- § 1003.107 Reinstatement after disbarment or suspension.
- § 1003.108 Confidentiality.
- § 1003.109 Discipline of government attorneys.
- § 1003.110 Sanction of recognized organizations.
- § 1003.111 Interim suspension.
- SUBCHAPTER B IMMIGRATION REGULATIONS
- PART 1101 PRESUMPTION OF LAWFUL ADMISSION
- § 1101.1 Presumption of lawful admission.
- § 1101.2 Presumption of lawful admission; entry under erroneous name or other errors.
- § 1101.3 Creation of record of lawful permanent resident status for person born under diplomatic status in the United States.
- § 1101.4 Registration procedure.
- § 1101.5 Special immigrant status for certain G-4 nonimmigrants.
- PART 1103 APPEALS, RECORDS, AND FEES
- § 1103.3 Denials, appeals, and precedent decisions.
- § 1103.4 Certifications.
- § 1103.7 Fees.
- PART 1204 IMMIGRANT PETITIONS
- § 1204.1 Single level of appellate review.
- PART 1205 REVOCATION OF APPROVAL OF PETITIONS
- § 1205.1 Automatic revocation.
- § 1205.2 Revocation on notice.
- PART 1207 ADMISSION OF REFUGEES
- § 1207.3 Waivers of inadmissibility.
- PART 1208 PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
- Subpart A Asylum and Withholding of Removal
- § 1208.1 General.
- § 1208.2 Jurisdiction.
- § 1208.3 Form of application.
- § 1208.4 Filing the application.
- § 1208.5 Special duties toward aliens in custody of DHS.
- § 1208.6 Disclosure to third parties.
- § 1208.7 [Reserved]
- § 1208.8 Limitations on travel outside the United States.
- § 1208.9 [Reserved]
- § 1208.10 Failure to appear at a scheduled hearing before an immigration judge; failure to follow requirements for biometrics and other biographical information processing.
- § 1208.11 Comments from the Department of State.
- § 1208.12 Reliance on information compiled by other sources.
- § 1208.13 Establishing asylum eligibility.
- § 1208.14 Approval, denial, referral, or dismissal of application.
- § 1208.15 Definition of “firm resettlement.”
- § 1208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.
- § 1208.17 Deferral of removal under the Convention Against Torture.
- § 1208.18 Implementation of the Convention Against Torture.
- § 1208.19 [Reserved]
- § 1208.20 Determining if an asylum application is frivolous.
- § 1208.21 Admission of the asylee's spouse and children.
- § 1208.22 Effect on exclusion, deportation, and removal proceedings.
- § 1208.23 Restoration of status.
- § 1208.24 Termination of asylum or withholding of removal or deportation.
- § 1208.25 Severability.
- §§ 1208.26-1208.29 [Reserved]
- Subpart B Credible Fear of Persecution
- § 1208.30 Credible fear determinations involving stowaways and applicants for admission who are found inadmissible pursuant to section 212(a)(6)(C) or 212(a)(7) of the Act.
- § 1208.31 Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act.
- Subpart C Lawful Pathways and Asylum Eligibility for Certain Aliens Who Entered Between May 11, 2023, and May 11, 2025
- § 1208.33 Lawful pathways condition on asylum eligibility.
- Subpart D Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances
- § 1208.35 Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances.
- PART 1209 ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM
- § 1209.1 Adjustment of status of refugees.
- § 1209.2 Adjustment of status of alien granted asylum.
- PART 1211 DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS
- § 1211.4 Waiver of documents for returning residents.
- PART 1212 DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
- § 1212.1 Documentary requirements for nonimmigrants.
- § 1212.2 Consent to reapply for admission after deportation, removal or departure at Government expense.
- § 1212.3 Application for the exercise of discretion under former section 212(c).
- § 1212.4 Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3).
- § 1212.5 Parole of aliens into the United States.
- § 1212.6 Border crossing identification cards.
- § 1212.7 Waiver of certain grounds of inadmissibility.
- § 1212.8 Certification requirement of section 212(a)(14).
- § 1212.9 Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants.
- § 1212.10 Section 212(k) waiver.
- § 1212.11 Controlled substance convictions.
- § 1212.12 Parole determinations and revocations respecting Mariel Cubans.
- § 1212.13 Severability.
- § 1212.14 Parole determinations for alien witnesses and informants for whom a law enforcement authority (“LEA”) will request S classification.
- § 1212.15 Certificates for foreign health care workers.
- § 1212.16 Applications for exercise of discretion relating to T nonimmigrant status.
- PART 1214 REVIEW OF NONIMMIGRANT CLASSES
- § 1214.1 Review of requirements for admission, extension, and maintenance of status.
- § 1214.2 Review of alien victims of severe forms of trafficking in persons; aliens in pending immigration proceedings.
- § 1214.3 Certain spouses and children of lawful permanent residents; aliens in proceedings; V visas.
- PART 1215 CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES
- § 1215.1 Definitions.
- § 1215.2 Authority of departure-control officer to prevent alien's departure from the United States.
- § 1215.3 Alien whose departure is deemed prejudicial to the interests of the United States.
- § 1215.4 Procedure in case of alien prevented from departing from the United States.
- § 1215.5 Hearing procedure before special inquiry officer.
- § 1215.6 Departure from the Canal Zone, the Trust Territory of the Pacific Islands, or outlying possessions of the United States.
- § 1215.7 Instructions from the Administrator required in certain cases.
- PART 1216 CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS
- § 1216.1 Definition of conditional permanent resident.
- § 1216.2 Notification requirements.
- § 1216.3 Termination of conditional resident status.
- § 1216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.
- § 1216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.
- § 1216.6 Petition by entrepreneur to remove conditional basis of lawful permanent resident status.
- PART 1235 INSPECTION OF PERSONS APPLYING FOR ADMISSION
- §§ 1235.1-1235.3 [Reserved]
- § 1235.4 Withdrawal of application for admission.
- § 1235.5 [Reserved]
- § 1235.6 Referral to immigration judge.
- § 1235.8 Inadmissibility on security and related grounds.
- § 1235.9 Northern Marianas identification card.
- § 1235.10 U.S. Citizen Identification Card.
- § 1235.11 Admission of conditional permanent residents.
- PART 1236 APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
- Subpart A Detention of Aliens Prior to Order of Removal
- § 1236.1 Apprehension, custody, and detention.
- § 1236.2 Confined aliens, incompetents, and minors.
- § 1236.3 Detention and release of juveniles.
- § 1236.4 Removal of S-5, S-6, and S-7 nonimmigrants.
- § 1236.5 Fingerprints and photographs.
- § 1236.6 Information regarding detainees.
- §§ 1236.7-1236.9 [Reserved]
- PART 1238 EXPEDITED REMOVAL OF AGGRAVATED FELONS
- § 1238.1 Proceedings under section 238(b) of the Act.
- PART 1239 INITIATION OF REMOVAL PROCEEDINGS
- § 1239.1 Notice to appear.
- § 1239.2 Cancellation of notice to appear.
- § 1239.3 Effect of filing notice to appear.
- PART 1240 PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES
- Subpart A Removal Proceedings
- § 1240.1 Immigration judges.
- § 1240.2 DHS Counsel.
- § 1240.3 Representation by counsel.
- § 1240.4 Incompetent respondents.
- § 1240.5 Interpreter.
- § 1240.6 Postponement and adjournment of hearing.
- § 1240.7 Evidence in removal proceedings under section 240 of the Act.
- § 1240.8 Burdens of proof in removal proceedings.
- § 1240.9 Contents of record.
- § 1240.10 Hearing.
- § 1240.11 Ancillary matters, applications.
- § 1240.12 Decision of the immigration judge.
- § 1240.13 Notice of decision.
- § 1240.14 Finality of order.
- § 1240.15 Appeals.
- § 1240.16 Application of new procedures or termination of proceedings in old proceedings pursuant to section 309(c) of Public Law 104-208.
- § 1240.17 Removal proceedings where the respondent has a credible fear of persecution or torture.
- §§ 1240.18-1240.19 [Reserved]
- Subpart B Cancellation of Removal
- § 1240.20 Cancellation of removal and adjustment of status under section 240A of the Act.
- § 1240.21 Suspension of deportation and adjustment of status under section 244(a) of the Act (as in effect before April 1, 1997) and cancellation of removal and adjustment of status under section 240A(b) of the Act for certain nonpermanent residents.
- §§ 1240.22-1240.24 [Reserved]
- Subpart C Voluntary Departure
- § 1240.26 Voluntary departure—authority of the Executive Office for Immigration Review.
- §§ 1240.27-1240.29 [Reserved]
- Subpart D Exclusion of Aliens (for Proceedings Commenced Prior to April 1, 1997)
- § 1240.30 Proceedings prior to April 1, 1997.
- § 1240.31 Authority of immigration judges.
- § 1240.32 Hearing.
- § 1240.33 Applications for asylum or withholding of deportation.
- § 1240.34 Renewal of application for adjustment of status under section 245 of the Act.
- § 1240.35 Decision of the immigration judge; notice to the applicant.
- § 1240.36 Finality of order.
- § 1240.37 Appeals.
- § 1240.38 Fingerprinting of excluded aliens.
- § 1240.39 [Reserved]
- Subpart E Proceedings To Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior to April 1, 1997)
- § 1240.40 Proceedings commenced prior to April 1, 1997.
- § 1240.41 Immigration judges.
- § 1240.42 Representation by counsel.
- § 1240.43 Incompetent respondents.
- § 1240.44 Interpreter.
- § 1240.45 Postponement and adjournment of hearing.
- § 1240.46 Evidence.
- § 1240.47 Contents of record.
- § 1240.48 Hearing.
- § 1240.49 Ancillary matters, applications.
- § 1240.50 Decision of the immigration judge.
- § 1240.51 Notice of decision.
- § 1240.52 Finality of order.
- § 1240.53 Appeals.
- § 1240.54 [Reserved]
- Subpart F Suspension of Deportation and Voluntary Departure (for Proceedings Commenced Prior to April 1, 1997)
- § 1240.55 Proceedings commenced prior to April 1, 1997.
- § 1240.56 Application.
- § 1240.57 Extension of time to depart.
- § 1240.58 Extreme hardship.
- Subpart G Civil Penalties for Failure to Depart [Reserved]
- Subpart H Applications for Suspension of Deportation or Special Rule Cancellation of Removal Under Section 203 of Pub. L. 105-100
- § 1240.60 Definitions.
- § 1240.61 Applicability.
- § 1240.62 Jurisdiction.
- § 1240.63 Application process.
- § 1240.64 Eligibility—general.
- § 1240.65 Eligibility for suspension of deportation.
- § 1240.66 Eligibility for special rule cancellation of removal.
- § 1240.67 Procedure for interview before an asylum officer.
- § 1240.68 Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprinting.
- § 1240.69 Reliance on information compiled by other sources.
- § 1240.70 Decision by the Service.
- PART 1241 APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
- Subpart A Post-hearing Detention and Removal
- § 1241.1 Final order of removal.
- § 1241.2 Warrant of removal; detention of aliens during removal period.
- §§ 1241.3-1241.5 [Reserved]
- § 1241.6 Administrative stay of removal.
- § 1241.7 Self-removal.
- § 1241.8 Reinstatement of removal orders.
- §§ 1241.9-1241.13 [Reserved]
- § 1241.14 Continued detention of removable aliens on account of special circumstances.
- § 1241.15 Lack of jurisdiction to review other country of removal.
- §§ 1241.16-1241.19 [Reserved]
- Subpart B Deportation of Excluded Aliens (for Hearings Commenced Prior to April 1, 1997)
- § 1241.20 Aliens ordered excluded.
- §§ 1241.21-1241.29 [Reserved]
- Subpart C Deportation of Aliens in the United States (for Hearings Commenced Prior to April 1, 1997)
- § 1241.30 Aliens ordered deported.
- § 1241.31 Final order of deportation.
- § 1241.32 Warrant of deportation.
- § 1241.33 Expulsion.
- PART 1244 TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES
- § 1244.1 Definitions.
- § 1244.2 Eligibility.
- § 1244.3 Applicability of grounds of inadmissibility.
- § 1244.4 Ineligible aliens.
- § 1244.5 Temporary treatment benefits for eligible aliens.
- § 1244.6 Application.
- § 1244.7 Filing the application.
- § 1244.8 Appearance.
- § 1244.9 Evidence.
- § 1244.10 Decision by the director or Administrative Appeals Unit (AAU).
- § 1244.11 Renewal of application; appeal to the Board of Immigration Appeals.
- § 1244.12 Employment authorization.
- § 1244.13 Termination of temporary treatment benefits.
- § 1244.14 Withdrawal of Temporary Protected Status.
- § 1244.15 Travel abroad.
- § 1244.16 Confidentiality.
- § 1244.17 Annual registration.
- § 1244.18 Issuance of charging documents; detention.
- § 1244.19 Termination of designation.
- § 1244.20 Waiver of fees.
- PART 1245 ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
- § 1245.1 Eligibility.
- § 1245.2 Application.
- § 1245.3 Adjustment of status under section 13 of the Act of September 11, 1957, as amended.
- § 1245.4 Documentary requirements.
- § 1245.5 Medical examination.
- § 1245.6 Interview.
- § 1245.7 Adjustment of status of certain Soviet and Indochinese parolees under the Foreign Operations Appropriations Act for Fiscal Year 1990 (Pub. L. 101-167).
- § 1245.8 Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act.
- § 1245.9 Adjustment of status of certain nationals of the People's Republic of China under Public Law 102-404.
- § 1245.10 Adjustment of status upon payment of additional sum under section 245(i).
- § 1245.11 Adjustment of aliens in S nonimmigrant classification.
- § 1245.12 What are the procedures for certain Polish and Hungarian parolees who are adjusting status to that of permanent resident under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996?
- § 1245.13 Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.
- § 1245.14 Adjustment of status of certain health care workers.
- § 1245.15 Adjustment of status of certain Haitian nationals under the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA).
- § 1245.18 How can physicians (with approved Forms I-140) that are serving in medically underserved areas or at a Veterans Affairs facility adjust status?
- § 1245.20 Adjustment of status of Syrian asylees under Public Law 106-378.
- § 1245.21 Adjustment of status of certain nationals of Vietnam, Cambodia, and Laos (section 586 of Public Law 106-429).
- § 1245.22 Evidence to demonstrate an alien's physical presence in the United States on a specific date.
- PART 1246 RESCISSION OF ADJUSTMENT OF STATUS
- § 1246.1 Notice.
- § 1246.2 Allegations admitted; no answer filed; no hearing requested.
- § 1246.3 Allegations contested or denied; hearing requested.
- § 1246.4 Immigration judge's authority; withdrawal and substitution.
- § 1246.5 Hearing.
- § 1246.6 Decision and order.
- § 1246.7 Appeals.
- § 1246.8 [Reserved]
- § 1246.9 Surrender of Form I-551.
- PART 1249 CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE
- § 1249.1 Waiver of inadmissibility.
- § 1249.2 Application.
- § 1249.3 Reopening and reconsideration.
- PART 1270 PENALTIES FOR DOCUMENT FRAUD
- § 1270.1 Definitions.
- § 1270.2 Enforcement procedures.
- § 1270.3 Penalties.
- PART 1274a CONTROL OF EMPLOYMENT OF ALIENS
- Subpart A Employer Requirements
- § 1274a.1 Employer requirements.
- § 1274a.9 Enforcement procedures.
- § 1274a.10 Penalties.
- § 1274a.11 [Reserved]
- B Subpart B [Reserved]
- PART 1280 IMPOSITION AND COLLECTION OF FINES
- § 1280.1 Review of fines and civil monetary penalties imposed by DHS.
- PART 1287 FIELD OFFICERS; POWERS AND DUTIES
- § 1287.4 Subpoena.
- § 1287.6 Proof of official records.
- PART 1292 REPRESENTATION AND APPEARANCES
- 1 In General
- § 1292.1 Representation of others.
- § 1292.2 [Reserved]
- § 1292.3 Conduct for practitioners and recognized organizations—rules and procedures.
- § 1292.4 Appearances.
- § 1292.5 Service upon and action by attorney or representative of record.
- § 1292.6 Interpretation.
- 2 Recognition of Organizations and Accreditation of Non-Attorney Representatives
- § 1292.11 Recognition of an organization.
- § 1292.12 Accreditation of representatives.
- § 1292.13 Applying for recognition of organizations or accreditation of representatives.
- § 1292.14 Reporting, recordkeeping, and posting requirements for recognized organizations.
- § 1292.15 Extension of recognition and accreditation to multiple offices or locations of an organization.
- § 1292.16 Renewal of recognition and accreditation.
- § 1292.17 Administrative termination of recognition and accreditation.
- § 1292.18 Administrative review of denied requests for reconsideration.
- § 1292.19 Complaints against recognized organizations and accredited representatives.
- § 1292.20 Roster of recognized organizations and accredited representatives.
- SUBCHAPTER C NATIONALITY REGULATIONS
- PART 1299 IMMIGRATION REVIEW FORMS
- § 1299.1 Use of immigration forms.
- § 1299.2 Specific immigration review forms.
- PART 1337 OATH OF ALLEGIANCE
- § 1337.1 Oath of allegiance.
- § 1337.2 Oath administered by the Immigration and Naturalization Service or an Immigration Judge.
- § 1337.3 Expedited administration of oath of allegiance.
- § 1337.4 When requests for change of name granted.
- §§ 1337.5-1337.6 [Reserved]
- § 1337.7 Information and assignment of individuals under exclusive jurisdiction.
- § 1337.8 Oath administered by the courts.
- § 1337.9 Effective date of naturalization.
- § 1337.10 Failure to appear for oath administration ceremony.
- 1338-1399 PARTS 1338-1399 [RESERVED]