« iepriekšējāTurpināt »
(b) No border crossing card issued to a resident alien under regulations or instructions heretofore in effect shall be renewed unless the holder satisfactorily establishes that he has complied with the applicable provisions of the Alien Registration Act, 1940. When an alien has been assigned a registration number that number, when known, shall be shown on his resident alien's border crossing identification card.* (Sec. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.55 Resident aliens' border crossing identification cards; application and preparation. Application for a resident alien's border crossing identification card may be made, upon a form prescribed for that purpose, at any immigration and naturalization field office in the continental United States. The applicant shall appear in person and, under oath or affirmation, shall execute his application before an immigrant inspector. The applicant shall furnish three photographs, size 2 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 applicant without hat, and they shall have been taken within 30 days of the date when they are furnished. The identification card shall be prepared in duplicate, with a photograph of the applicant affixed to the original and to the duplicate. Entries on the card shall be made by typewriter, if practicable, or in ink, and the applicant shall sign the original and duplicate in ink, either with his full name or by witnessed mark after proper identification. The application, with a photograph of the applicant attached, shall be retained in the office where it is made.** * (Secs. 30 and 37 (a); 54
a Stat. 673, 675; 8 U. S. C. 451, 458)
110.56' Resident aliens' border crossing identification cards; use. A resident alien's border crossing identification card may be used by its rightful holder, under the conditions specified in 8 110.58, at any port of entry in the continental United States, including Alaska. The applicant shall state in his application the port of entry at which he expects to make most frequent use of the card, or in the case of an applicant who intends to use the card for only one reentry, the port at which he expects to make that reentry, but such designations in the application shall not affect the right of the holder to present his card at some other port of entry. The original card shall be given to the applicant by the issuing office, and the duplicate card shall be kept at or sent to the port which the applicant has designated as the place where he expects to make most frequent use of the card or where he expects to reenter after a single visit abroad. The duplicate shall thereafter remain on file at such port unless it is deemed advisable to transfer it to some other port.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.57 Resident aliens' border crossing identification cards; period of validity; issuance, revalidation, and cancelation discretionary. A resident alien's border crossing identification card shall be valid for an initial period of 6 months, and may be
*For statutory citation, see note to 8 110.1
revalidated for additional periods of 6 months each. In the discretion of the revalidating officer, a card may be revalidated for an additional 6 months even though the period of its present validity has not expired, but in such cases the new period of validity shall extend for 6 months from the date of revalidation and not from the date on which the validity of the card otherwise would have expired. The revalidation preferably should be accomplished by the original issuing office, but if that is not practicable, it may be done by any other office. Before any card is revalidated inquiry shall be made to determine whether the holder is eligible to continue its use. The revalidating office may request that the inquiry be made by another office of the Service. When a card is revalidated a notation showing the date and place of revalidation and the signature of the validating officer shall be placed on the card in ink. The issuance or revalidation of any such card shall rest within the discretion or the officer considering the application for issuance or the revalidation. If at any time it appears to any officer of the Service that a resident alien's border crossing identification card is in the possession of a person who is no longer entitled to its
a use, or that it is being illegally or improperly used, or that other reasons justify such action, the card may be lifted. After consideration of the facts, the officer in charge of the district in which the card was lifted may cancel it for cause, or may in his discretion return it to the alien. Information concerning the revalidation or cancelation of any such card shall be furnished the office or offices where the application and duplicate card are filed.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.58 Resident aliens' border crossing identification cards; reentry of holders. (a) The holder of a resident alien's border crossing identification card issued under 8 110.54 may present that document in lieu of an immigration visa or reentry permit when applying for admission to the United States as a returning legal resident after an absence from the United States of not to exceed 6 months, provided that during such absence he shall not have visited any foreign territory other than that contiguous to the United States. The presentation of a resident alien's border crossing identification card shall not otherwise relieve the applicant from establishing that he is not subject to exclusion from the United States.
(b) Except as heinafter provided, no applicant for admission shall be entitled to reenter the United States upon the basis of a resident alien's border crossing identification card which was issued more than 6 months prior to his application for admission, unless such card has been revalidated and the period of revalidation extends to or beyond the date of his application for admission. Any alien who presents a card the validity of which has expired shall be required to obtain an immigration visa before being readmitted to the United States as a returning legal permanent resident, except that in any case where the alien has not been absent for more than 6 months and it shall appear to the
*For Statutory citation, see note to 8 110.1.
satisfaction of the officer in charge at the port where the alien seeks to reenter that his return to the United States during the period of validity of his card was prevented by illness, hospitalization, or other circumstances which in the opinion of the officer in charge justify such action, the said officer in charge is authorized to revalidate the card as of the date of the application for reentry and to admit the alien upon the basis of the revalidated card if he is otherwise entitled to readmission.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.60 Nonresident aliens' border crossing identification cards; temporary admission of nonresident aliens who are citizens of Canada, Newfoundland, or Mexico and domiciled therein, or British subjects domiciled in Canada or Newfoundland. Aliens who are citizens of Canada, Newfoundland or Mexico and domiciled therein or British subjects domiciled in Canada or Newfoundland and who are otherwise admissible, may be admitted to the United States for a period of less than 30 days upon presentation of a border crossing identification card which (1) has been issued to the holder, within 1 year of the date of the application for admission, by a United States diplomatic or conşular officer or immigrant inspector, and (2) is attached to a passport or document in the nature of a passport duly issued to the holder by the appropriate authorities of Canada, Newfoundland, or Mexico, notwithstanding that such aliens are not in possession of a consular visa or reentry permit.* (Secs. 30 and 37 (a) 54 Stat. 673, 675; 8 U. S. C. 451, 458)
110.61' Nonresident aliens' border crossing identification cards; issuance by immigrant inspectors to nonresident aliens who are citizens of Canada, Newfoundland, or Mexico and domiciled therein, or British subjects domiciled in Canada or Newfoundland. Immigrant inspectors at land border ports of entry are authorized to issue nonresident aliens' border crossing identification cards to aliens who (1) are citizens of Canada, Newfoundland, or Mexico and domiciled therein or British subjects domiciled in Canada or Newfoundland, (2) present a valid passport or document in the nature of a passport duly issued to the holder by the appropriate authorities of Canada, Newfoundland, or Mexico, (3) desire temporary admission into the United States for a period of less than 30 days, and (4) are otherwise admissible to the United States. Such aliens shall be required to fill out and sign under oath an application (Form No. 257A) stating the applicant's legal name in full; the place and date of the applicant's birth; the nature of the travel document presented by the applicant; by whom the applicant is accompanied; the applicant's present address; the applicant's address (if any) in the United States; the purpose of the applicant's entry; and the length of the applicant's proposed stay; and stating further the applicant's understanding that he will be required to depart from the United States at the end of his sojourn and that if he remains in the United States for 30 days or longer he will be required prior to the expiration of the 30-day period to register and be fingerprinted in accordance with the provisions of the Alien Registration Act, 1940. *For statutory citation, see note to $110.1.
The nonresident alien's identification card issued to such alien shall bear the fingerprint of the alien's right index finger and shall be attached by metal eyelets to the last page of the alien's passport or document in the nature of a passport. The card shall be issued in duplicate and the duplicate retained by the immigrant inspector at the first port of entry. Such nonresident aliens' border crossing cards shall be valid for a period of not more than 1 year, but in no event beyond the period of validity of the passport or document in the nature of a passport to which it is attached, and shall be subject to cancelation and withdrawal at any time within the discretion of the proper immigration officials.* (Secs. 37 (a) and 30,54 Stat. 673, 675; 8 U.S. Č. 451, 458)
110.62 Nonresident aliens' border crossing identification cards; revalidation and replacement. (a) The validity of a non-resident alien's border crossing identification card may be renewed upon its expiration for an additional period of 1 year if the passport or document in the nature of a passport to which the card is attached is valid for the period of renewal of the card or for a longer period. No such card issued by an immigrant inspector shall be revalidated except at the office of the Immigration and Naturalization Service at which it was issued. If the card was originally issued at an office of the Service other than the one at which revalidation is sought, and it is impracticable for the holder to seek revalidation at the office of issuance, the card shall not be revalidated but the applicant shall be required to obtain a new card in the manner prescribed in § 110.61. If the passport to which an expiring identification card is attached will itself expire within 1 year, the identification card shall not be renewed, but the holder shall be informed that he must obtain a new card at such time as he is in possession of a passport valid for at least 1 year. The holder of a card issued by a diplomatic or consular officer may apply to the issuing officer for revalidation of his card under regulations prescribed by the Secretary of State, or he may apply for a new card to be issued by the Service in accordance with $ 110.61.
(b) When a border crossing card is revalidated, a stamped notation shall be placed upon the card as follows:
Revalidated for a period of 1 year from date of expiration provided the bearer's passport continues to be valid.
(Title) A similar stamped notation shall be placed upon the application Form 257A which was the basis for issuance of the card, and upon the duplicate card if it is filed at the office of revalidation. 'If filed elsewhere, the revalidating office shall notify the port where the duplicate is filed of the revalidation. In placing the stamped notation on the card care should be exercised not to deface the fingerprint impression.
*For statutory citation, see note to 8 110.1.
(c) If in any case an applicant for a new card is in possession of a card previously issued to him which has expired, the latter shall be appropriately noted to show issuance of a new card.
(d) No nonresident alien's border crossing identification card shall be revalidated, nor shall a new card be issued, unless it appears that the applicant is still entitled to enter the United States under the immigration laws. (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U. S. C. 451, 458)
*For statutory citation, see note to § 110.1.