[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR231.1]

[Page 419-420]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 231--ARRIVAL-DEPARTURE MANIFESTS AND LISTS; SUPPORTING DOCUMENTS--Table of Contents
 
Sec. 231.1  Arrival manifest for passengers.

    (a) Requirement for manifest. The master, captain, or agent of every 
vessel or aircraft arriving in the United States from a foreign place or 
outlying possession of the United States shall present an arrival 
manifest to the immigration officer at the port of entry. The manifest 
must be in the form of a separate Arrival/Departure Record, Form I-94, 
prepared on board for each passenger except: United States citizens, 
lawful permanent resident aliens of the United States, and immigrants to 
the United States. In addition, a properly completed Aircraft/Vessel 
Report, Form I- 92, must be submitted for each arriving aircraft or 
vessel which is transporting passengers. Manifests are not required by 
vessels or aircraft arriving directly from Canada on a trip originating 
in that country or arriving in the Virgin Islands of the United States 
directly from a trip originating in the British Virgin Islands.
    (b) In-Transit Passengers. An Arrival/Departure Record, Form I-94, 
is not required for an arriving, through-flight passenger at a United 
States port provided:
    (1) The passenger will depart directly to a foreign place or 
outlying possession of the United States on the same flight;
    (2) The number of through-flight passengers is noted on the 
Aircraft/Vessel Report, Form I-92, for the flight;
    (3) The flight is inspected at a port of entry designated in 
paragraph 214.2(c) of this chapter;
    (4) The carrier is signatory to an Immediate and Continuous Transit 
Agreement, Form I-426; and
    (5) All through-flight passengers remain on board the aircraft or in 
a separate area under the direction and control of the Service during 
the ground time.
    (c) Progressive Clearance. Inspection of arriving passengers may be 
deferred at the request of the carrier to an onward port of debarkation. 
Authorization for this progressive clearance may be granted by the 
Regional Commissioner when both the initial port of entry and the onward 
port are within the same regional jurisdiction, but when the initial 
port of entry and onward port are located within different regions, 
requests for progressive clearance must be authorized by the Assistant 
Commissioner for Inspections. When progressive clearance is requested, 
the carrier shall present Form I-92 in duplicate at the initial port of 
entry. The original Form I-92 will be processed at the initial port of 
entry, and the duplicate noted and returned to the carrier for 
presentation at the onward port of debarkation.
    (d) Preparation of Arrival/Departure Record, Form I-94. Air and sea 
carriers shall be responsible to ensure that a properly completed Form 
I-94 is presented to the immigration inspector at the port of entry for 
each arriving passenger except those passengers who do not require a 
Form I-94 under paragraph (a) of this section. The following classes of 
aliens are not required to complete the departure portion of the Form I-
94 if they are entering the U.S. for business or pleasure under section 
101(a)(15)(B) of the Act, and intend to remain in the United States for 
less than six months;
    (1) Citizens of Canada or British dependent territories citizens, 
Bermuda, and

[[Page 420]]

    (2) Residents of Canada or Bermuda having common nationality with 
Canadian nationals or British dependent territories citizens, Bermuda.

[48 FR 21548, May 13, 1983, as amended at 48 FR 36093, Aug. 9, 1983; 48 
FR 40209, Sept. 6, 1983]