[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: 8CFR235.2]

[Page 414]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec. 235.2  Parole for deferred inspection.

    (a) A district director may, in his or her discretion, defer the 
inspection of any vessel or aircraft, or of any alien, to another 
Service office or port-of-entry. Any alien coming to a United States 
port from a foreign port, from an outlying possession of the United 
States, from Guam, Puerto Rico, or the Virgin Islands of the United 
States, or from another port of the United States at which examination 
under this part was deferred, shall be regarded as an applicant for 
admission at that onward port.
    (b) An examining immigration officer may defer further examination 
and refer the alien's case to the district director having jurisdiction 
over the place where the alien is seeking admission, or over the place 
of the alien's residence or destination in the United States, if the 
examining immigration officer has reason to believe that the alien can 
overcome a finding of inadmissibility by:
    (1) Posting a bond under section 213 of the Act;
    (2) Seeking and obtaining a waiver under section 211 or 212(d)(3) or 
(4) of the Act; or
    (3) Presenting additional evidence of admissibility not available at 
the time and place of the initial examination.
    (c) Such deferral shall be accomplished pursuant to the provisions 
of section 212(d)(5) of the Act for the period of time necessary to 
complete the deferred inspection.
    (d) Refusal of a district director to authorize admission under 
section 213 of the Act, or to grant an application for the benefits of 
section 211 or section 212(d) (3) or (4) of the Act, shall be without 
prejudice to the renewal of such application or the authorizing of such 
admission by the immigration judge without additional fee.
    (e) Whenever an alien on arrival is found or believed to be 
suffering from a disability that renders it impractical to proceed with 
the examination under the Act, the examination of such alien, members of 
his or her family concerning whose admissibility it is necessary to have 
such alien testify, and any accompanying aliens whose protection or 
guardianship will be required should such alien be found inadmissible 
shall be deferred for such time and under such conditions as the 
district director in whose district the port is located imposes.

[62 FR 10355, Mar. 6, 1997]