[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR215.8]

[Page 388-389]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 215_CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES--Table of 
Contents
 
Sec. 215.8  Requirements for biometric identifiers from aliens on 
departure from the United States.

    (a)(1) The Secretary of Homeland Security may establish pilot 
programs at land border ports-of-entry, and at up to fifteen air or sea 
ports-of-entry, designated through notice in the Federal Register, 
through which the Secretary or his delegate may require an alien 
admitted pursuant to a nonimmigrant visa, a Form DSP-150, B-1/B-2 Visa 
and Border Crossing Card, or section 217 of the Act, who departs the 
United States from a designated port-of-entry, to provide fingerprints, 
photograph(s) or other specified biometric identifiers, documentation of 
his or her immigration status in the United States, and such other 
evidence as may be requested to determine the alien's identity and 
whether he or she has properly maintained his or her status while in the 
United States.
    (2) The requirements of paragraph (a)(1) shall not apply to:
    (i) Aliens younger than 14 or older than 79 on date of departure;
    (ii) Aliens admitted on A-1, A-2, C-3 (except for attendants, 
servants, or personal employees of accredited officials), G-1, G-2, G-3, 
G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visas, and 
certain Taiwan officials who hold E-1 visas and members of their 
immediate families who hold E-1 visas who are maintaining such status at 
time of departure, unless the Secretary of State and the Secretary of 
Homeland Security jointly determine that a class of such aliens should 
be subject to the requirements of paragraph (a)(1);
    (iii) Classes of aliens to whom the Secretary of Homeland Security 
and the Secretary of State jointly determine it shall not apply; or
    (iv) An individual alien to whom the Secretary of Homeland Security, 
the Secretary of State, or the Director of Central Intelligence 
determines it shall not apply.
    (b) An alien who is required to provide biometric identifiers at 
departure pursuant to paragraph (a)(1) and who fails to comply with the 
departure requirements may be found in violation of the terms of his or 
her admission, parole, or other immigration status. In addition, failure 
of a covered alien to comply with the departure requirements could be a 
factor in support of a determination that the alien is ineligible to 
receive a future visa or other immigration status documentation, or to 
be admitted to the United States. In making this determination, the 
officer will consider the totality of the circumstances, including, but 
not limited to, all positive and negative factors related to the alien's 
ability to comply with the departure procedures.

[[Page 389]]

    (c) A covered alien who leaves the United States without complying 
with the departure requirements in this section may be found to have 
overstayed the period of his or her last admission where the available 
evidence clearly indicates that the alien did not depart the United 
States within the time period authorized at his or her last admission or 
extension of stay. A determination that the alien previously overstayed 
the terms of his admission may result in a finding of inadmissibility 
for accruing prior unlawful presence in the United States under section 
212(a)(9) of the Immigration and Nationality Act or that the alien is 
otherwise ineligible for a visa or other authorization to reenter the 
United States, provided that all other requirements of section 212(a)(9) 
have been met. A determination that an alien who was admitted on the 
basis of a nonimmigrant visa has remained in the United States beyond 
his or her authorized period of stay may result in such visa being 
deemed void pursuant to section 222(g) of the Act (8 U.S.C. 1202(g)) 
where all other requirements of that section are also met.

[69 FR 480, Jan. 5, 2004, as amended at 69 FR 53333, Aug. 31, 2004; 69 
FR 58037, Sept. 29, 2004]