[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: 8CFR235.5]

[Page 434]
 
                     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. 235.5  Preinspection.

    (a) In United States territories and possessions. In the case of any 
aircraft proceeding from Guam, Puerto Rico, or the United States Virgin 
Islands destined directly and without touching at a foreign port or 
place, to any other of such places, or to one of the States of the 
United States or the District of Columbia, the examination of the 
passengers and crew required by the Act may be made prior to the 
departure of the aircraft, and in such event, final determination of 
admissibility shall be made immediately prior to such departure. The 
examination shall be conducted in accordance with sections 232, 235, and 
240 of the Act and 8 CFR parts 235 and 240. If it appears to the 
examining immigration officer that any person in the United States being 
examined under this section is prima facie removable from the United 
States, further action with respect to his or her examination shall be 
deferred and further proceedings regarding removability conducted as 
provided in section 240 of the Act and 8 CFR part 240. When the 
foregoing inspection procedure is applied to any aircraft, persons 
examined and found admissible shall be placed aboard the aircraft, or 
kept at the airport separate and apart from the general public until 
they are permitted to board the aircraft. No other person shall be 
permitted to depart on such aircraft until and unless he or she is found 
to be admissible as provided in this section.
    (b) In foreign territory. In the case of any aircraft, vessel, or 
train proceeding directly, without stopping, from a port or place in 
foreign territory to a port-of-entry in the United States, the 
examination and inspection of passengers and crew required by the Act 
and final determination of admissibility may be made immediately prior 
to such departure at the port or place in the foreign territory and 
shall have the same effect under the Act as though made at the destined 
port-of-entry in the United States.

[62 FR 10358, Mar. 6, 1997]

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