[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: 8CFR235.10]

[Page 437-438]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec. 235.10  U.S. Citizen Identification Card.

    (a) General. Form I-197, U.S. Citizen Identification Card, is no 
longer issued by the Service but valid existing cards will continue to 
be acceptable documentation of U.S. citizenship. Possession of the 
identification card is not mandatory for any purpose. A U.S. Citizen 
Identification Card remains the property of the United States. Because 
the identification card is no longer issued, there are no provisions for 
replacement cards.
    (b) Surrender and voidance--(1) Institution of proceeding under 
section 240 or 342 of the Act. A U.S. Citizen Identification Card must 
be surrendered provisionally to a Service office upon notification by 
the district director that a proceeding under section 240 or 342 of the 
Act is being instituted against the person to whom the card was issued. 
The card shall be returned to the person if the final order in the 
proceeding does not result in voiding the card under this paragraph. A 
U.S. Citizen Identification Card is automatically void if the person to 
whom it was issued is determined to be an alien in a proceeding 
conducted under section 240 of the Act, or if a certificate, document, 
or record relating to that person is canceled under section 342 of the 
Act.
    (2) Investigation of validity of identification card. A U.S. Citizen 
Identification Card must be surrendered provisionally upon notification 
by a district director that the validity of the card is being 
investigated. The card shall be returned to the person who surrendered 
it if the investigation does not result in a determination adverse to 
his or her claim to be a United States citizen. When an investigation 
results in a tentative determination adverse to the applicant's claim to 
be a United States citizen, the applicant shall be notified by certified 
mail directed to his or her last known address. The notification shall 
inform the applicant of the basis for the determination and of the 
intention of the district director to declare the card void unless 
within 30 days the applicant objects and demands an opportunity to see 
and rebut the adverse evidence. Any rebuttal, explanation, or evidence 
presented by the applicant must be included in the record of proceeding. 
The determination whether the applicant is a United States citizen must 
be based on the entire record and the applicant shall be notified of the 
determination. If it is determined that the applicant is not a United 
States citizen, the applicant shall be notified of the reasons, and the 
card deemed void. There is no appeal from the district director's 
decision.
    (3) Admission of alienage. A U.S. Citizen Identification Card is 
void if the person to whom it was issued admits in

[[Page 438]]

a statement signed before an immigration officer that he or she is an 
alien and consents to the voidance of the card. Upon signing the 
statement the card must be surrendered to the immigration officer.
    (4) Surrender of void card. A void U.S. Citizen Identification Card 
which has not been returned to the Service must be surrendered without 
delay to an immigration officer or to the issuing office of the Service.
    (c) U.S. Citizen Identification Card previously issued on Form I-
179. A valid Form I-179, U.S. Citizen Identification Card, continues to 
be valid subject to the provisions of this section.

[62 FR 10359, Mar. 6, 1997]