[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR211.2]



[Page 183]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 211_DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS--Table of Contents

 

Sec. 211.2  Passports.



    (a) A passport valid for the bearer's entry into a foreign country 

at least 60 days beyond the expiration date of his or her immigrant visa 

shall be presented by each immigrant except an immigrant who:

    (1) Is the parent, spouse, or unmarried son or daughter of a United 

States citizen or of an alien lawful permanent resident of the United 

States;

    (2) Is entering under the provisions of Sec. 211.1(a)(2) through 

(a)(7);

    (3) Is a child born during the temporary visit abroad of a mother 

who is a lawful permanent resident alien, or a national, of the United 

States, provided that the child's application for admission to the 

United States is made within 2 years of birth, the child is accompanied 

by the parent who is applying for readmission as a permanent resident 

upon the first return of the parent to the United States after the birth 

of the child, and the accompanying parent is found to be admissible to 

the United States;

    (4) Is a stateless person or a person who because of his or her 

opposition to Communism is unwilling or unable to obtain a passport from 

the country of his or her nationality, or is the accompanying spouse or 

unmarried son or daughter of such immigrant; or

    (5) Is a member of the Armed Forces of the United States.

    (b) Except as provided in paragraph (a) of this section, if an alien 

seeking admission as an immigrant with an immigrant visa believes that 

good cause exists for his or her failure to present a passport, the 

alien may file an application for a waiver of this requirement with the 

district director in charge of the port-of-entry. To apply for this 

waiver, the alien must file Form I-193, Application for Waiver of 

Passport and/or Visa, with the fee prescribed in Sec. 103.7(b)(1) of 

this chapter. In the exercise of discretion, the district director in 

charge of the port-of-entry may waive the alien's lack of passport and 

admit the alien as an immigrant, if the district director is satisfied 

that the alien has established good cause for the alien's failure to 

present a passport.