[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: 8CFR235.5]



[Page 419-420]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 235.5  Preinspection.



    (a) In United States territories and possessions. In the case of any 

aircraft proceeding from Guam, Puerto Rico, or the United States Virgin 

Islands destined directly and without touching at a foreign port or 

place, to any other of such places, or to one of the States of the 

United States or the District of Columbia, the examination of the 

passengers and crew required by the Act may be made prior to the 

departure of the aircraft, and in such event, final determination of 

admissibility shall be made immediately prior to such departure. The 

examination shall be conducted in accordance with sections 232, 235, and 

240 of the Act and 8 CFR parts 235 and 240. If it appears to the 

examining immigration officer that any person in the United States being 

examined under this section is prima facie removable from the United 

States, further action with respect to his or her



[[Page 420]]



examination shall be deferred and further proceedings regarding 

removability conducted as provided in section 240 of the Act and 8 CFR 

part 240. When the foregoing inspection procedure is applied to any 

aircraft, persons examined and found admissible shall be placed aboard 

the aircraft, or kept at the airport separate and apart from the general 

public until they are permitted to board the aircraft. No other person 

shall be permitted to depart on such aircraft until and unless he or she 

is found to be admissible as provided in this section.

    (b) In foreign territory. In the case of any aircraft, vessel, or 

train proceeding directly, without stopping, from a port or place in 

foreign territory to a port-of-entry in the United States, the 

examination and inspection of passengers and crew required by the Act 

and final determination of admissibility may be made immediately prior 

to such departure at the port or place in the foreign territory and 

shall have the same effect under the Act as though made at the destined 

port-of-entry in the United States.



[62 FR 10358, Mar. 6, 1997]