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Part 142-PREEXAMINATION OF ALIENS WITHIN THE

UNITED STATES

Sec.

Sec. 142.1 Preexamination; who may 142.10 Preexamination; medical exapply.

amination. 142.2 Preexamination; aliens eligi- 142.11 Preexamination; primary inble.

spector. 142.3 Preexamination; conditions 142.12 Preexamination; Board of of authorization.

Special Inquiry. 142.4 Preexamination; authoriza- 142.13 Preexamination; where alien tion; where deportation

found unqualified. proceedings have been in- 142.14 Preexamination; where alien stituted.

found inadmissible. 142.5 Preexamination; authoriza- 142.15 Preexamination; appeal by tion; where deportation

dissenting Inspector. proceedings have not been 142.16 Preexamination; where alien instituted.

found admissible. 142.6 Preexamination ; applica- 142.17 Preexamination; readmission tions; how filed.

with immigration visa. 142.7 Preexamination; applica- 142.18 Preexamination; readmission tions; notification of au

without immigration visa. thorization.

142.19 Preexamination; reports. 142.8 Preexamination; place and 142.20 Preexamination; repeal of time.

prior regulations and in142.9 Preexamination; documents

structions. to be presented. $ 142.1 Preexamination; who may apply. Any alien, other than a Canadian citizen, who has been within the United States for a period of six months or more and who intends to apply to a consular officer of the United States in Canada for an immigration visa for entry into the United States for permanent residence may, subject to the provisions of this Part, apply for the privilege of a preexamination by officers of the Immigration and Naturalization Service for the purpose of determining in advance his admissibility into the United States for permanent residence when in possession of an unexpired immigration visa.

*88 142.1 to 142.20, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, 8 U. S. C. 102; sec. 24, 43 Stat. 168, 8 U. S. C. 222; sec. 1, Reorg. Plan No. V, 5 F. R. 2223; sec. 37 (a), 54 Stat. 675, 8 U. 8. O. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

142.2 Preexamination; aliens eligible. Preexamination shall not be authorized unless it appears to the officer granting such authorization that the alien is:

(a) Admissible to Canada;
(b) Of good moral character;

(c) Registered and/or fingerprinted as required by the Alien Registration Act, 1940; and

(d) Able to obtain the prompt issuance of an immigration visa in case it is determined that he is admissible to the United States for permanent residence.*

*For statutory citation, see note to g 142.1.

(Sec. 19 (d), 64 Stat. 671, 8 U. S. C. 155 (d); Title III, Alien Registration Act, 1940, 54 Stat. 673; 8 U. S. C. 451–460, inclusive)

142.3 Preexamination; conditions of authorization. Preexamination shall only be authorized on condition that the alien shall promptly submit to the United States consul to whom he intends to apply for a visa the necessary documents in support of his visa application and shall receive from the consular officer, prior to preexamination, written assurance that such documents appear sufficient and satisfactory on their face and that & visa will be promptly available for issuance to the alien if, upon personal examination by the consul, he is found to be eligible therefor.*

142.4 Preexamination; authorization; where deportation proceedings have been instituted. The Board of Immigration Appeals shall have authority, subject to the provisions of $ 90.12 of this title, to authorize preexamination of any alien eligible under the provisions of this part against whom deportation proceedings are pending and to whom the privilege of departure at his own expense in lieu of deportation has been granted in accordance with the provisions of section 19 (c) of the Immigration Act of 1917, as amended.* (Sec. 19 (c), 54 Stat. 671; 8 U. S. C. 155 (c))

142.5 Preexamination; authorization; where deportation proceedings have not been instituted. The Chief of the Certifications Branch (or under his direction, the Assistant Chief of the Certifications Branch) shall have authority, subject to the provisions of 8 90.16 of this title, to authorize preexamination of any alien eligible under the provisions of this part against whom deportation proceedings have not been instituted.*

142.6 Preexamination; applications; how filed. An application for preexamination shall be made in writing on the appropriate form specified in this section and shall be accompanied by General Information Form No. I-55; and both shall be filed in duplicate. An application for preexamination upon the part of an alien against whom a deportation proceeding is pending shall be made on Form No. 1-255 in conjunction with an application for the privilege of departure in lieu of deportation as provided in 88 150.6 (g) and 150.8 (b) of this title. An application for preexamination on the part of an alien against whom no deportation proceeding is pending shall be made on Form No. 1–155 and shall be filed with the Chief of the Certifications Branch, Immigration and Naturalization Service, Washington, D. C. Such application may be filed independently or in conjunction with a petition for nonquota or preference quota visa filed on the applicant's behalf pursuant to 8 165.1 of this title.*

142.7 Preexamination; applications; notification of authorization. An applicant whose preexamination has been authorized shall be notified in writing by the Central Office that such authorization has been given subject to the condition set forth in § 142.3 of this Part. Appropriate notation of such authorization shall be made upon each copy of the application. A copy of the application and General Information Form submitted in connection therewith shall then be sent to the officer in charge of the immigration office at which the applicant intends to present himself for preexamination.*

*For statutory citation, see note to § 142.1.

142.8 Preexamination; place and time. The immigration office at which the alien may present himself for preexamination shall be designated in the authorization; and the preexamination shall be conducted as soon as practicable after authorization and after the alien has complied with the provisions of 8 142.3 of this Part. In the event that the alien fails within a reasonable time to meet the conditions of $ 142.3, or to present himself for preexamination after having done so, the officer in charge of the designated office shall report to the Central Office, and may recommend that the authorization be revoked.*

142.9 Preexamination; documents to be presented. When presenting himself for preexamination, an alien shall produce:

(a) Written notification from the Central Office that his preexamination has been authorized.

(b) Written assurance from the consul to whom he intends to apply for an immigration visa that his documents appear sufficient and satisfactory on their face and that a visa will be promptly available for issuance to the alien if, upon personal examination by the consul, he is found to be eligible therefor.

(c) Four photographs of himself, size 2 inches by 2 inches, the distance from the top of head to point of chin to be approximately 144 inches, unmounted, printed on thin paper with a light background clearly showing a full front view of the features of the alien without hat, which photographs shall have been taken within 30 days of the date when they are furnished.

(d) Duplicates or facsimiles of all documents and communications furnished to the consul in connection with the application for an immigration visa.*

142.10 Preexamination; medical examination. (a) Any alien presenting himself for preexamination shall be examined by medical officers authorized to conduct the physical and mental examination of arriving aliens under the provisions of section 16 of the Immigration Act of 1917 who shall certify for the information of the immigration officers and the boards of special inquiry any and all physical or mental defects or diseases observed by such medical officers in any such alien. Any alien certified for insanity or mental defect may appeal to the board of medical officers of the United States Public Health Service as provided in Section 16 of the Immigration Act of 1917.

(b) Where the preexamination is to be conducted at a place where no officers of the United States Public Health Service are detailed for the purpose, a certificate from a civil physician of not less than four years' professional experience, preferably one designated by the United States Public Health Service or Veterans Administration, may, in the discretion of the officer in charge, be accepted. The officer in charge shall note in writing on the face of the certificate his approval of such acceptance.* (Sec. 16, 39 Stat. 885; 8 U.S. C. 152)

142.11 'Preexamination; primary inspector. The preexamination shall be conducted in the first instance by an immigrant

*For statutory citation, see note to 8 142.1.

inspector, known as the primary inspector. It shall consist of a thorough examination into the admissibility of the alien into the United States when in possession of an unexpired immigration visa. The primary inspector shall prepare in duplicate Form I-448, "Manifest Data," which together with the application for preexamination, medical certificate, documents required in 8 142.9 of this part, and other pertinent documents presented, shall constitute the record in the case. If the primary inspector is not satisfied that the alien is clearly and beyond a doubt entitled to admission when in possession of an unexpired visa, he shall certify the record to the officer in charge of the office with a recommendation that a Board of Special Inquiry be convened.*

142.12 Preexamination; Board of Special Inquiry. A Board of Special Inquiry may be convened at any immigration office whenever necessary to determine the admissibility of an alien when such determination is requested by a primary inspector in preexamination proceedings. The appointment and procedure of such Boards of Special Inquiry shall be governed by section 17 of the Immigration Act of 1917 and by Part 130 of this title. The Board of Special Inquiry shall enter, as an exhibit in its record, the entire record before the primary inspector and shall conduct whatever further examination is necessary to determine the alien's admissibility into the United States.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)

142.13 Préexamination; where alien found unqualified. In all preexamination proceedings the primary inspector or the Board of Special Inquiry, as the case may be, shall first inquire into the question of whether or not the alien is qualified for preexamination under the provisions of 88 142.1 and 142.2 of this Part. If it shall appear that the alien is not entitled to the privilege of preexamination, further examination shall be suspended and the record transmitted to the Central Office accompanied in appropriate cases by an application for a warrant of arrest.*

142.14 Preexamination; where alien found inadmissible. Where an alien is held inadmissible by a Board of Special Inquiry in preexamination proceedings (for cause other than the lack of an unexpired immigration visa) the alien may appeal from the decision to the Board of Immigration Appeals and further proceedings shall be had in accordance with the provisions of Part 90 of this title: Provided, however, That the decision of a Board of Special Inquiry shall be based upon the certificate of the examining medical officer and, except as provided in section 21 of the Immigration Act of 1917, shall be final as to the rejection of aliens afflicted with tuberculosis or with a loathsome or dangerous contagious disease, or with any mental or physical defect which would bring such aliens within any of the classes excluded from admission to the United States under section 3 of that Act.* (Secs. 3 and 21, 39 Stat. 875, 891; 8 U. S. C. 136, 158)

142.15 Preexamination; appeal by dissenting inspector. When an alien is found by a Board of Special Inquiry to be admissible to the United States when in possession of an unexpired immigration visa, a dissenting inspector may appeal from such decision to the Board of Immigration Appeals and further proceedings shall be had in accordance with the provisions of Part 90 of this title. In the event of an appeal by a dissenting inspector no further proceedings shall be taken in the case pending the outcome of the appeal.

*For statutory citation, see note to 8 142.1.

142.16 Preexamination; where alien found admissible. An alien found in preexamination proceedings to be admissible to the United States when in possession of an unexpired immigration visa shall be furnished with a sealed communication to the Canadian immigration officer in charge of the Canadian port at which he intends to apply for admission to Canada, and with a Border Crossing Card Form No. l-165, bearing a photograph and description of the alien and valid for a single reentry to the United States if the alien is admitted to Canada within four months from the date of issuance specified on the card. The letter to the Canadian officer shall state the purpose of the alien's visit; shall guarantee that the alien, if admitted to Canada while in possession of an unexpired Border Crossing Card, will be readmitted to the United States; and shall have the alien's photograph securely attached. The Border Crossing Card issued to the alien shall be taken up by the United States Immigration officer at the port of reentry to the United States. If reentry is to be made at a place other than that where the preexamination was conducted, Form I-448 in duplicate, a copy of the Canadian letter, and duplicate copy of the Border Crossing Card with photograph attached, shall be sent to the port of proposed reentry prior to the alien's departure to Canada.*

142.17 Preexamination; readmission with immigration visa. Any alien found admissible in preexamination proceedings to whom an immigration visa has been issued shall be admitted to the United States for permanent residence upon presentation of such visa and of his Border Crossing Card, unless for reasons developed subsequently to the preexamination it shall appear that he is inadmissible in which event he shall be permitted to reenter for the sole purpose of being taken into custody by the immigration officers at the port of reentry who shall make a record of such limited reentry and at once apply to the Central Office for a warrant of arrest in deportation proceedings. *

142.18 Preexamination; readmission without immigration visa. Any alien found admissible in preexamination proceedings to whom an immigration visa has been thereafter denied shall be permitted to reenter the United States at the designated port of reentry upon presentation of his Border Crossing Card; but such alien if not in possession of documents authorizing his temporary residence in the United States, shall be taken into custody by the immigration officers at the port of reentry who shall make a record of such limited reentry and at once apply to the Central Office for a warrant of arrest in deportation proceedings.*

142.19 Preexamination; reports. The port of reentry shall inform the Canadian officers in charge at the port of entry into

*For statutory citation, see note to 8 142.1.

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