[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: 8CFR248.2]



[Page 603]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 248_CHANGE OF NONIMMIGRANT CLASSIFICATION--Table of Contents

 

Sec. 248.2  Ineligible classes.



    The following categories of aliens are not eligible to change their 

nonimmigrant status under section 248 of the Act:

    (a) Any alien in immediate and continuous transit through the United 

States without a visa;

    (b) Any alien classified as a nonimmigrant under section 101(a)(15) 

(C), (D), (K), or (S) of the Act;

    (c) Any alien admitted as a nonimmigrant under section 101(a)(15)(J) 

of the Act, or who acquired such status after admission in order to 

receive graduate medical education or training, whether or not the alien 

was subject to, received a waiver of, or fulfilled the two-year foreign 

residence requirement of section 212(e) of the Act. This restriction 

shall not apply when the alien is a foreign medical graduate who was 

granted a waiver under section 212(e)(iii) of the Act pursuant to a 

request made by a State Department of Public Health (or its equivalent) 

under Pub. L. 103-416, and the alien complies with the terms and 

conditions imposed on the waiver under section 214(k) of the Act and the 

implementing regulations at Sec. 212.7(c)(9) of this chapter. A foreign 

medical graduate who was granted a waiver under Pub. L. 103-416 and who 

does not fulfill the requisite 3-year employment contract or otherwise 

comply with the terms and conditions imposed on the waiver is ineligible 

to apply for change of status to any other nonimmigrant classification; 

and

    (d) Any alien classified as a nonimmigrant under section 

101(a)(15)(J) of the Act (other than an alien described in paragraph (c) 

of this section) who is subject to the foreign residence requirement of 

section 212(e) of the Act and who has not received a waiver of the 

residence requirement, except when the alien applies to change to a 

classification under section 101(a)(15)(A) or (G) of the Act.

    (e) Any alien admitted as a visitor under the visa waiver provisions 

of Sec. 212.1(e) of this chapter.

    (f) Any alien admitted as a Visa Waiver Pilot Program visitor under 

the provisions of section 217 of the Act and part 217 of this chapter.



[47 FR 44238, Oct. 7, 1982, as amended at 48 FR 41017, Sept. 13, 1983; 

52 FR 48084, Dec. 18, 1987; 53 FR 24903, June 30, 1988; 60 FR 26683, May 

18, 1995; 60 FR 44271, Aug. 25, 1995]