[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: 8CFR211.2]

[Page 230-231]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS--Table of Contents
 
Sec. 211.2  Passports.

    (a) A passport valid for the bearer's entry into a foreign country 
at least 60 days beyond the expiration date of his or her immigrant visa 
shall be presented by each immigrant except an immigrant who:
    (1) Is the parent, spouse, or unmarried son or daughter of a United 
States citizen or of an alien lawful permanent resident of the United 
States;
    (2) Is entering under the provisions of Sec. 211.1(a)(2) through 
(a)(7);
    (3) Is 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;
    (4) Is a stateless person or a person who because of his or her 
opposition to Communism is unwilling or unable to obtain a passport from 
the country of his or her nationality, or is the accompanying spouse or 
unmarried son or daughter of such immigrant; or
    (5) Is a member of the Armed Forces of the United States.

[[Page 231]]

    (b) Except as provided in paragraph (a) of this section, if an alien 
seeking admission as an immigrant with an immigrant visa believes that 
good cause exists for his or her failure to present a passport, 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. In the exercise of discretion, the district director in 
charge of the port-of-entry may waive the alien's lack of passport and 
admit the alien as an immigrant, if the district director is satisfied 
that the alien has established good cause for the alien's failure to 
present a passport.