[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR235.5]

[Page 427-428]
 
                     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

[[Page 428]]

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 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]