[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: 8CFR235.10]



[Page 425-426]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents

 

Sec. 235.10  U.S. Citizen Identification Card.



    (a) General. Form I-197, U.S. Citizen Identification Card, is no 

longer issued by the Service but valid existing cards will continue to 

be acceptable documentation of U.S. citizenship. Possession of the 

identification card is not mandatory for any purpose. A U.S. Citizen 

Identification Card remains the property of the United States. Because 

the identification card is no longer issued, there are no provisions for 

replacement cards.

    (b) Surrender and voidance--(1) Institution of proceeding under 

section 240 or 342 of the Act. A U.S. Citizen Identification Card must 

be surrendered provisionally to a Service office upon notification by 

the district director that a proceeding under section 240 or 342 of the 

Act is being instituted against the person to whom the card was issued. 

The card shall be returned to the person if the final order in the 

proceeding does not result in voiding the card under this paragraph. A 

U.S. Citizen Identification Card is automatically void if the person to 

whom it was issued is determined to be an alien in a proceeding 

conducted under section 240 of the Act, or if a certificate, document, 

or record relating to that person is canceled under section 342 of the 

Act.

    (2) Investigation of validity of identification card. A U.S. Citizen 

Identification Card must be surrendered provisionally upon notification 

by a district director that the validity of the card is being 

investigated. The card shall be returned to the person who surrendered 

it if the investigation does not result in a determination adverse to 

his or her claim to be a United States citizen. When an investigation 

results in a tentative determination adverse to the applicant's claim to 

be a United States citizen, the applicant shall be notified by certified 

mail directed to his or her last known address. The notification shall 

inform the applicant of the basis for the determination and of the 

intention of the district director to declare the card void unless 

within 30 days the applicant objects and demands an opportunity to see 

and rebut the adverse evidence. Any rebuttal, explanation, or evidence 

presented by the applicant must be included in the record of proceeding. 

The determination whether the applicant is a United States citizen must 

be based on the entire record and the applicant shall be notified of the 

determination. If it is determined that the applicant is not a United 

States



[[Page 426]]



citizen, the applicant shall be notified of the reasons, and the card 

deemed void. There is no appeal from the district director's decision.

    (3) Admission of alienage. A U.S. Citizen Identification Card is 

void if the person to whom it was issued admits in a statement signed 

before an immigration officer that he or she is an alien and consents to 

the voidance of the card. Upon signing the statement the card must be 

surrendered to the immigration officer.

    (4) Surrender of void card. A void U.S. Citizen Identification Card 

which has not been returned to the Service must be surrendered without 

delay to an immigration officer or to the issuing office of the Service.

    (c) U.S. Citizen Identification Card previously issued on Form I-

179. A valid Form I-179, U.S. Citizen Identification Card, continues to 

be valid subject to the provisions of this section.



[62 FR 10359, Mar. 6, 1997]