[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: 8CFR264.1] [Page 611-614] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES--Table of Contents Sec. 264.1 Registration and fingerprinting. (a) Prescribed registration forms. The following forms are prescribed as registration forms: Form No. and Class I-67, Inspection Record--Hungarian refugees (Act of July 25, 1958). I-94, Arrival-Departure Record--Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted. I-95, Crewmen's Landing Permit--Crewmen arriving by vessel or aircraft. I-175, Application for Nonresident Alien Canadian Border Crossing Card-- Citizens of Canada or British subjects residing in Canada. I-181, Memorandum of Creation of Record of Lawful Permanent Residence-- Aliens presumed to be lawfully admitted to the United States under 8 CFR 101.1. I-190, Application for Nonresident Alien Mexican Border Crossing Card-- Citizens of Mexico residing in Mexico. I-485, Application for Status as Permanent Resident--Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957. I-485A, Application by Cuban Refugee for Permanent Residence--Applicants under section 1 of the Act of November 2, 1966. [[Page 612]] I-590, Registration for Classification as Refugee--Escapee--Refugee- escapees paroled pursuant to section 1 of the Act of July 14, 1960. I-687, Application for Status as a Temporary Resident--Applicants under section 245A of the Immigration and Nationality Act, as amended. I-691, Notice of Approval for Status as a Temporary Resident--Aliens adjusted to lawful temporary residence under 8 CFR 210.2 and 245A.2. I-698, Application to Adjust Status from Temporary to Permanent Resident--Applicants under section 245A of the Immigration and Nationality Act, as amended. I-700, Application for Status as a Temporary Resident--Applicants under section 210 of the Immigration and Nationality Act, as amended. I-817, Application for Voluntary Departure under the Family Unity Program. (b) Evidence of registration. The following forms constitute evidence of registration: Form No. and Class I-94, Arrival-Departure Record--Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings. I-95, Crewmen's Landing Permit--Crewmen arriving by vessel or aircraft. I-184, Alien Crewman Landing Permit and Identification Card--Crewmen arriving by vessel. I-185, Nonresident Alien Canadian Border Crossing Card--Citizens of Canada or British subjects residing in Canada. I-186, Nonresident Alien Mexican Border Crossing Card--Citizens of Mexico residing in Mexico. I-221, Order to Show Cause and Notice of Hearing--Aliens against whom deportation proceedings are being instituted. I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien--Aliens against whom deportation proceedings are being instituted. I-551, Permanent Resident Card--Lawful permanent resident of the United States. I-688, Temporary Resident Card--Lawful temporary residents of the United States. I-688A, Employment Authorization Card. I-688B, Employment Authorization Document. I-766, Employment Authorization Document. (c) Replacement of registration. Any alien whose evidence of registration has been lost, mutilated, or destroyed, shall immediately apply for new evidence of registration. (1) Temporary residents. Application by an alien lawfully admitted for temporary residence for Form I-688, Temporary Resident Card, shall be made on Form I-695. (i) Who can file. An I-695 application may be filed by a lawful temporary resident: (A) To replace a lost, stolen, or detroyed card; (B) To replace a mutilated card; (C) To change a name or other biographic data. (ii) Fee. An I-695 application must be submitted with the fee required by Sec. 103.7(b)(1) of this chapter. (iii) Accompanying documents--(A) Photographs. An I-695 application must be filed with two color photographs meeting the specifications on the application form. (B) Prior evidence of alien registration. Any Form I-688 in the applicant's possession must be submitted with the application. (C) Evidence of name or other biographic change. An I-695 application filed under paragraph (c)(2)(i)(C) of this section must be filed with the order, issued by a court of competent jurisdiction, changing the applicant's name, or with the applicant's marriage certificate. An application to change other biographic data on a card must be filed with documentary evidence conclusively establishing the new data. (iv) Filing--(A) Where to file. An application by an alien within the United States for replacement of evidence of registration shall be submitted to the legalization or Service office having jurisdiction over the applicant's place of residence in the United States. An alien outside the United States shall appear at an American Consulate or Service office abroad and present a full account of the circumstances involving the loss or destruction of Form I-688. A cable shall be sent to the Service's Central Office Records Management Branch for verification of status. Subsequent to verification that temporary residence was granted, a transportation letter will be issued to the temporary resident alien. Upon entry to [[Page 613]] the United States, the alien shall submit the I-695 to the legalization or Service office having jurisdiction over the applicant's place of residence in the United States. (B) Camera ready card. Prior to the issuance of Form I-688, all applicants, regardless of age, shall appear at the appropriate legalization or Service office for placement of fingerprint and signature on I-688. (v) Processing--(A) Interview. An alien who files application Form I-695 may be required to appear in person before an immigration officer prior to the adjudication of the application and be interviewed under oath concerning his or her eligibility for issuance of I-688 as evidence of his or her registration. (B) Waiver of requirements. The Service may waive the photograph, interview or the placement of fingerprint and signature on the I-688 for a child under 14 or when it is impractical because of the health or advanced age of the applicant. (C) Fingerprint chart. An applicant may be required to present a completed fingerprint chart, FD-258. (vi) Decision. The decision on an application for replacement of evidence of registration shall be made by the Regional Processing Facility director having jurisdiction over the alien's place of residence in the United States. No appeal shall lie from the decision of the Regional Processing Facility director denying the application. (2) [Reserved] (d) Surrender of registration. If an alien is naturalized, dies, permanently departs, or is deported from the United States, or evidence of registration is found by a person other than the one to whom such evidence was issued, the person in possession of the document shall forward it to a Service office. (e) Fingerprinting waiver. (1) Fingerprinting is waived for nonimmigrant aliens admitted as foreign government officials and employees; international organization representatives, officers and employees; NATO representatives, officers and employees, and holders of diplomatic visas while they maintain such nonimmigrant status. Fingerprinting is also waived for other nonimmigrant aliens, while they maintain nonimmigrant status, who are nationals of countries which do not require fingerprinting of United States citizens temporarily residing therein. (2) Fingerprinting is waived for every nonimmigrant alien not included in paragraph (e)(1) of this section who departs from the United States within one year of his admission, provided he maintains his nonimmigrant status during that time; each such alien not previously fingerprinted shall apply therefor at once if he remains in the United States in excess of one year. (3) Every nonimmigrant alien not previously fingerprinted shall apply therefor at once upon his failure to maintain his nonimmigrant status. (f) Registration and fingerprinting of certain nonimmigrants. Notwithstanding the provisions included in paragraphs (e)(1) and (e)(2) of this section, the Attorney General may designate, by a comprehensive public notice in the Federal Register, that certain nonimmigrants of specific countries are required to be registered and fingerprinted upon arrival in the United States. This requirement shall not apply to those nonimmigrants applying for admission to the United States under section 101(a)(15)(A) or 101(a)(15)(G) of the Immigration and Nationality Act. Those aliens so designated by the Attorney General who apply for admission to the United States shall be registered on Form I-94 (Arrival/Departure Record), and may be fingerprinted on Form FD-258 (Fingerprint Chart), and photographed by the Service at the Port-of- Entry where the aliens apply for admission to the United States. (g) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the act and this chapter shall present himself to a Service office for registration in accordance with section 262(b) of the Act, and for fingerprinting unless fingerprinting is waived pursuant to paragraph (e) of this section. He shall submit Form I-90 if he is a lawful permanent resident. If such alien is a lawful permanent resident of the United States and is temporarily absent from the United States when he reaches the [[Page 614]] age of 14, he shall comply with the foregoing within 30 days of his return to the United States. The alien, if a lawful permanent resident of the United States, shall surrender his prior evidence of alien registration and shall be issued Form I-551 bearing a photograph submitted by him in accordance with the instructions on Form I-90. In the case of an alien who is not a lawful permanent resident, the alien's Form I-94 or I-95 shall be noted to show that he has been registered and the date of registration. (h) Temporary evidence of registration. Form I-94, appropriately endorsed, may be issued as temporary evidence of registration and lawful admission for permanent residence to a lawful permanent resident alien who is departing temporarily from the United States and has applied on Form I-90 for issuance of Form I-551, if the district director is unable to issue and deliver the Form I-551 prior to the alien's contemplated return to the United States. The alien shall surrender such Form I-94 to the Service upon receipt of Form I-551. (i) Copy of Form I-94. An attorney or representative as defined in Sec. 1.1 of this chapter who is representing an alien before the Service or the Board may make and retain, solely for information purposes, a copy of the Form I-94 (Arrival-Departure Record) issued to and in the possession of the alien. Such copy shall not be used for any other purpose. [25 FR 10495, Nov. 2, 1960] Editorial Note: For Federal Register citations affecting Sec. 264.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.