[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR211.1]

[Page 229-230]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS--Table of Contents
 
Sec. 211.1  Visas.

    (a) General. Except as provided in paragraph (b)(1) of this section, 
each arriving alien applying for admission (or boarding the vessel or 
aircraft on which he or she arrives) into the United States for lawful 
permanent residence, or as a lawful permanent resident returning to an 
unrelinquished lawful permanent residence in the United States, shall 
present one of the following:
    (1) A valid, unexpired immigrant visa;
    (2) A valid, unexpired Form I-551, Permanent Resident Card, if 
seeking readmission after a temporary absence of less than 1 year, or in 
the case of a crewmember regularly serving on board a vessel or aircraft 
of United States registry seeking readmission after any temporary 
absence connected with his or her duties as a crewman;
    (3) A valid, unexpired Form I-327, Permit to Reenter the United 
States;
    (4) A valid, unexpired Form I-571, Refugee Travel Document, properly 
endorsed to reflect admission as a lawful permanent resident;
    (5) An expired Form I-551, Permanent Resident Card, accompanied by a 
filing receipt issued within the previous 6 months for either a Form I-
751, Petition to Remove the Conditions on Residence, or Form I-829, 
Petition by Entrepreneur to Remove Conditions, if seeking admission or 
readmission after a temporary absence of less than 1 year;
    (6) A Form I-551, whether or not expired, presented by a civilian or 
military employee of the United States Government who was outside the 
United States pursuant to official orders, or by the spouse or child of 
such employee who resided abroad while the employee or serviceperson was 
on overseas duty and who is preceding, accompanying or following to join 
within 4 months the employee, returning to the United States; or
    (7) Form I-551, whether or not expired, or a transportation letter 
issued by an American consular officer, presented by an employee of the 
American University of Beirut, who was so employed immediately preceding 
travel to the United States, returning temporarily to the United States 
before resuming employment with the American University of Beirut, or 
resuming permanent residence in the United States.
    (b) Waivers. (1) A waiver of the visa required in paragraph (a) of 
this section shall be granted without fee or application by the district 
director, upon presentation of the child's birth certificate, to a child 
born subsequent to the issuance of an immigrant visa to his or her 
accompanying parent who applies for admission during the validity of 
such a visa; or a child born during the temporary visit abroad of a 
mother who is a lawful permanent resident alien, or a national, of the 
United States, provided that the child's application for admission to 
the United States is made within 2 years of birth, the child is 
accompanied by the parent who is applying for readmission as a permanent 
resident upon the first return of the parent to the United States after 
the birth of the child, and the accompanying parent is found to be 
admissible to the United States.
    (2) For an alien described in paragraph (b)(1) of this section, 
recordation

[[Page 230]]

of the child's entry shall be on Form I-181, Memorandum of Creation of 
Record of Admission for Lawful Permanent Residence. The carrier of such 
alien shall not be liable for a fine pursuant to section 273 of the Act.
    (3) If an immigrant alien returning to an unrelinquished lawful 
permanent residence in the United States after a temporary absence 
abroad believes that good cause exists for his or her failure to present 
an immigrant visa, Form I-551, or reentry permit, the alien may file an 
application for a waiver of this requirement with the district director 
in charge of the port-of-entry. To apply for this waiver, the alien must 
file Form I-193, Application for Waiver of Passport and/or Visa, with 
the fee prescribed in Sec. 103.7(b)(1) of this chapter, except that if 
the alien's Form I-551 was lost or stolen, the alien shall instead file 
Form I-90, Application to Replace Permanent Resident Card, with the fee 
prescribed in Sec. 103.7(b)(1) of this chapter, provided the temporary 
absence did not exceed 1 year. In the exercise of discretion, the 
district director in charge of the port-of-entry may waive the alien's 
lack of an immigrant visa, Form I-551, or reentry permit and admit the 
alien as a returning resident, if the district director is satisfied 
that the alien has established good cause for the alien's failure to 
present an immigrant visa, Form I-551, or reentry permit. Filing the 
Form I-90 will serve as both application for replacement and as 
application for waiver of passport and visa, without the obligation to 
file a separate waiver application.
    (c) Immigrants having occupational status defined in section 
101(a)(15) (A), (E), or (G) of the Act. An immigrant visa, reentry 
permit, or Form I-551 shall be invalid when presented by an alien who 
has an occupational status under section 101(a)(15) (A), (E), or (G) of 
the Act, unless he or she has previously submitted, or submits at the 
time he or she applies for admission to the United States, the written 
waiver required by section 247(b) of the Act and 8 CFR part 247.
    (d) Returning temporary residents. (1) Form I-688, Temporary 
Resident Card, may be presented in lieu of an immigrant visa by an alien 
whose status has been adjusted to that of a temporary resident under the 
provisions of Sec. 210.1 of this chapter, such status not having 
changed, and who is returning to an unrelinquished residence within one 
year after a temporary absence abroad.
    (2) Form I-688 may be presented in lieu of an immigrant visa by an 
alien whose status has been adjusted to that of a temporary resident 
under the provisions of Sec. 245a.2 of this chapter, such status not 
having changed, and who is returning to an unrelinquished residence 
within 30 days after a temporary absence abroad, provided that the 
aggregate of all such absences abroad during the temporary residence 
period has not exceeded 90 days.

[62 FR 10346, Mar. 6, 1997, as amended at 63 FR 39218, July 22, 1998; 63 
FR 70315, Dec. 21, 1998]