[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: 8CFR211.4]



[Page 184]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 211.4  Waiver of documents for returning residents.



    (a) Pursuant to the authority contained in section 211(b) of the 

Act, an alien previously lawfully admitted to the United States for 

permanent residence who, upon return from a temporary absence was 

inadmissible because of failure to have or to present a valid passport, 

immigrant visa, reentry permit, border crossing card, or other document 

required at the time of entry, may be granted a waiver of such 

requirement in the discretion of the district director if the district 

director determines that such alien:

    (1) Was not otherwise inadmissible at the time of entry, or having 

been otherwise inadmissible at the time of entry is with respect thereto 

qualified for an exemption from deportability under section 237(a)(1)(H) 

of the Act; and

    (2) Is not otherwise subject to removal.

    (b) Denial of a waiver by the district director is not appealable 

but shall be without prejudice to renewal of an application and 

reconsideration in proceedings before the immigration judge.