[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR264.1] [Page 616-621] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) PART 264_REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES-- Table of Contents Sec. 264.1 Registration and finger printing. (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-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-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. 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: [[Page 617]] (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 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 [[Page 618]] 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, fingerprinting, and photographing of certain nonimmigrant aliens. (1) Registration requirement for certain nonimmigrants. Notwithstanding the provisions in paragraph (e) of this section, nonimmigrant aliens identified in paragraph (f)(2) of this section are subject to special registration, fingerprinting, and photographing requirements upon arrival in the United States. This requirement shall not apply to those nonimmigrant aliens applying for admission to the United States under sections 101(a)(15)(A) (8 U.S.C. 1101(a)(15)(A)) or 101(a)(15)(G) (8 U.S.C. 1101(a)(15)(G)) of the Act. In addition, this requirement shall not apply to those classes of nonimmigrant aliens to whom the Secretary of Homeland Security and the Secretary of State jointly determine it shall not apply, or to any individual nonimmigrant alien to whom the Secretary of Homeland Security or the Secretary of State determines it shall not apply. Completion of special registration pursuant to this paragraph (f) is a condition of admission under section 214 of the Act (8 U.S.C. 1184) if the inspecting officer determines that the alien is subject to registration under this paragraph (f) (hereinafter ``nonimmigrant alien subject to special registration''). (2) Identification of aliens subject to registration at ports-of- entry. Nonimmigrant aliens in the following categories are subject to the requirements of paragraph (f)(3) of this section: (i) Nonimmigrant aliens who are nationals or citizens of a country or territory designated by the Secretary of Homeland Security, in consultation with the Secretary of State, by a notice in the Federal Register; (ii) Nonimmigrant aliens whom a consular officer or an inspecting officer has reason to believe are nationals or citizens of a country or territory designated by the Secretary of Homeland Security, in consultation with the Secretary of State, by a notice in the Federal Register; or (iii) Nonimmigrant aliens who meet pre-existing criteria, or whom a consular officer or the inspecting officer has reason to believe meet pre-existing criteria, determined by the Secretary of Homeland Security or the Secretary of State to indicate that such aliens' presence in the United States warrants monitoring in the national security interests, as defined in section 219 of the Act (8 U.S.C. 1189), or law enforcement interests of the United States. (3) Obligations regarding registration. (i) Any nonimmigrant alien who is included in paragraph (f)(2) of this section, and who applies for admission to the United States, shall be specially registered by providing information required by the Department of Homeland Security, shall be fingerprinted, and shall be photographed, by Department of Homeland Security, at the port-of-entry at such time the nonimmigrant alien applies for admission to the United States. The Department of Homeland Security shall advise the nonimmigrant alien subject to special registration that the nonimmigrant alien may, upon ten days notice, and at the Department of Homeland Security's discretion, be required to appear at a U.S. Immigration and Customs Enforcement office in person to verify information by providing additional information or documentation confirming compliance with the conditions of his or her visa status and admission. The Department of Homeland Security will determine on a case- by-case basis which aliens must appear in person to verify information. The nonimmigrant alien subject to special registration must appear at the designated office location, and on the specified date and time, unless otherwise specified in the notice. (ii) At the time of verification of information for registration pursuant to paragraph (f)(3)(i) of this section, the nonimmigrant alien subject to special registration shall provide the Department of Homeland Security with proof of compliance with the conditions of his or her nonimmigrant visa status [[Page 619]] and admission, including, but not limited to, proof of residence, employment, or registration and matriculation at an approved school or educational institution. The nonimmigrant alien subject to special registration shall provide any additional information required by the Department of Homeland Security. (4) Registration of aliens present in the United States. (i) The Secretary of Homeland Security, by publication of a notice in the Federal Register, also may impose such special registration, fingerprinting, and photographing requirements upon nonimmigrant aliens who are nationals, citizens, or residents of specified countries or territories (or a designated subset of such nationals, citizens, or residents) who have already been admitted to the United States or who are otherwise in the United States. A notice under this paragraph (f)(4) shall explain the procedures for appearing in person and providing the information required by the Department of Homeland Security, providing fingerprints, photographs, or submitting supplemental information or documentation. (ii) Any nonimmigrant alien who is currently subject to special registration as a result of the publication of any previous Federal Register notice may, while he or she remains in the United States, upon 10 days notice and at the Department of Homeland Security's discretion, be required to appear at a Department of Homeland Security Office in person to provide additional information or documentation confirming compliance with his or her visa and admission. The Department of Homeland Security will determine on a case-by-case basis which aliens must appear in person to verify information. The nonimmigrant alien subject to special registration must appear at the designated office location, and on the specified date and time, unless otherwise specified in the notice. (5) Obligation to provide updated information. In addition to any additional re-registrations that may be required pursuant to paragraphs (f)(3) and (f)(4) of this section, any nonimmigrant alien subject to special registration under this paragraph (f) who remains in the United States for 30 days or more shall notify the Department of Homeland Security by mail or other such means as determined by the Secretary of Homeland Security, using a notification form designated by the Department of Homeland Security, of any change of address, change of residence, change of employment, or change of educational institution within 10 days of such change. Notice to the Department of Homeland Security of a change of address, change of residence or change of educational institution made within 10 days of such a change through the Student and Exchange Visitor Information System (SEVIS) shall constitute notice under this paragraph. (6) [Reserved] (7) Relief from registration requirements. A nonimmigrant alien subject to special registration may apply for relief from the registration requirements as follows: (i) Relief from departure controls set out in 264.1(f) (8). An alien who has been registered under the provisions of this section (f) and has not yet departed the United States may seek relief from the departure control requirement contained in paragraph (f)(8) for that admission by applying to the U.S. Customs and Border Protection field office director for the port from which the alien intends to depart. In making an application for relief, the alien must establish that exigent or unusual circumstances exist and that the alien warrants a favorable exercise of discretion. (ii) Frequent travelers. An alien who previously has been registered and who would otherwise be subject to registration at a port of entry under the provisions of paragraphs (f)(2) and (3) of this section may seek relief from the registration requirements from the Secretary of Homeland Security after his initial registration if the alien makes frequent trips to the United States. An alien seeking relief under this paragraph from the Secretary of Homeland Security may apply to the U.S. Customs and Border Protection field office director for the port to which the alien most frequently arrives in the United States. The field office director or his designee will make the determination that the frequency of arrival warrants [[Page 620]] relief from the registration requirements on a case-by-case basis, and will consider in this analysis the mode of travel, business and economic concerns, purpose of travel, or other factors as determined by the director. In making an application for relief, the alien must establish that good cause or exigent or unusual circumstances exist and that the alien warrants a favorable exercise of discretion. (iii) Exemption from registration. At a Department of State consular office abroad, an alien may seek exemption from these regulations from the Department of State by such methods as it may prescribe. (iv) For all applications for relief. Any decision of a Department of Homeland Security officer or official to grant or deny relief under this paragraph (f)(7) is final and not appealable. Absent receipt of a decision exempting or relieving the nonimmigrant alien from these requirements, he or she shall comply with the special registration requirements contained in this section. (v) Termination of relief. Relief granted under paragraphs (f)(7)(i) or (ii) of this section may be terminated by notice to the alien by any field office director or other Department of Homeland Security officer or official authorized to grant such relief. (8) Departure requirements. (i) General requirements When a nonimmigrant alien subject to special registration departs from the United States (other than nonimmigrant crewmen as defined under section 101(a)(15)(D) of the Act) he or she shall report to an inspecting officer of the Department of Homeland Security at any'port-of entry unless the Department of Homeland Security has, by publication of a notice in the Federal Register, specified that nonimmigrant aliens subject to special registration may not depart from specific ports. This paragraph (f)(8) applies only to those nonimmigrant aliens who have been registered under paragraph (f)(3) of this section, or who have been required to register pursuant to paragraph (f)(4) of this section, and who have not been granted relief from the departure requirements under paragraph (f)(7). (ii) Presumption of inadmissibility. Any nonimmigrant alien subject to special registration who fails, without good cause, to be examined by an inspecting officer at the time of his or her departure and to have his or her departure recorded by the inspecting officer shall thereafter be presumed to be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of the Act (8 U.S.C. 1182(a)(3)(A)(ii)), as an alien whom the Secretary of Homeland Security has reasonable grounds to believe, based on the alien's past failure to conform with the requirements for special registration, seeks to enter the United States to engage in unlawful activity. (iii) Overcoming inadmissibility. An alien may overcome the presumption of inadmissibility set out in paragraph (f)(8)(ii) by making a showing that he or she satisfies conditions set by the Secretary of Homeland Security and the Secretary of State. If a consular officer, in adjudicating a new visa application by an alien that previously failed to register his or her departure from the United States, finds good cause existed for the alien's failure to register departure or that the alien is not inadmissible under section 212(a)(3)(A)(ii) of the Act, the inspecting officer at the port-of-entry, while not bound by the consular officer's decision, will consider this finding as a significantly favorable factor in determining whether the alien is admissible. (9) Completion of registration. Registration under this paragraph (f) is not deemed to be complete unless all of the information required by the Department of Homeland Security and all requested documents are provided in a timely manner. Any additional re-registration that may be required and each change of material fact is a registration that is required under sections 262 and 263 of the Act (8 U.S.C. 1302, 1303). Each change of address required under this paragraph (f) is a change of address required under section 265 of the Act (8 U.S.C. 1305). (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 [[Page 621]] 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 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.