[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: 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



[[Page 389]]



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.

    (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]