PART 264—REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES

Chapter I—Department of Homeland Security › Subchapter B—Immigration Regulations

§ 264.1 Registration and fingerprinting.

(a) Prescribed registration forms. The following forms are prescribed as registration forms:

Form No. and Class

G-325R, Biographic Information (Registration), or its successor form. I-94/94A/94W, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation or removal proceedings or against whom deportation or removal proceedings are being instituted. I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft. I-181, Memorandum of Creation of Record of Lawful Permanent Residence—Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad admitted without a visa under 8 CFR 211.1(b). I-485, Application to Register Permanent Residence or Adjust Status, or its predecessor or successor form—Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957. I-590, Registration for Classification as Refugee or its successor form, or its predecessor form—Applicants under section 207 of the INA and Refugee-escapees paroled pursuant to section 1 of the Act of July 14, 1960. I-687, Application for Status as a Temporary Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended. I-698, Application to Adjust Status from Temporary to Permanent Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended. I-817, Application for Family Unity Benefits or its successor form, or its predecessor form.

(b) Evidence of registration. The following forms constitute evidence of registration:

Form No. and Class

I-94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings. I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft. I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel. I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada. I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico. I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted. I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted. I-551, Permanent Resident Card—Lawful permanent resident of the United States. I-766, Employment Authorization Document. Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted. Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted. USCIS Proof of Alien G-325R Registration, or its successor form.

(c) Replacement of alien registration. Any alien whose registration document is not available for any reason must immediately apply for a replacement document in the manner prescribed by USCIS.

(d) Surrender of registration. If an alien is naturalized, dies, permanently departs, or is deported from the United States, or evidence of registration is found by a person other than the one to whom such evidence was issued, the person in possession of the document shall forward it to a USCIS office.

(e) Fingerprinting waiver. (1) Fingerprinting is waived for nonimmigrant aliens admitted as NATO representatives, officers, and employees pursuant to 8 CFR 214.2(s)(1)(i)(A) and (B) (excluding the attendants, servants, or personal employees of such nonimmigrants under 8 CFR 214.2(s)(1)(i)(C)) while they maintain such nonimmigrant status.

(2) Fingerprinting is waived for aliens who are holders of diplomatic visas as defined in section 101(a)(11) of the Act and 22 CFR 41.26(a)(2) (other than those issued under section 101(a)(15)(A) and (G) of the Act who are exempt from the registration and fingerprinting requirements under section 263(b) of the Act) admitted on the basis of such visas while they maintain such nonimmigrant status.

(3) Fingerprinting is waived for nonimmigrant aliens, while they maintain nonimmigrant status, who are nationals of countries which do not require fingerprinting of United States citizens temporarily residing therein.

(4) Fingerprinting is waived for every nonimmigrant alien not included in paragraphs (e)(1) through (3) of this section who departs from the United States within one year of his or her admission, provided he or she maintains his or her nonimmigrant status during that time; each such alien not previously fingerprinted shall apply therefor at once if he or she remains in the United States in excess of 1 year.

(5) Every nonimmigrant alien not previously fingerprinted shall apply therefor at once upon his or her failure to maintain his or her nonimmigrant status.

(f) [Reserved]

(g) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the Act and this chapter, or otherwise by law, must apply for registration and fingerprinting, unless fingerprinting is waived under paragraph (e) of this section, in accordance with applicable form instructions.

(1) Permanent residents. If such alien is a lawful permanent resident of the United States and is temporarily absent from the United States when he or she reaches the age of 14, he or she must apply for registration within 30 days of his or her return to the United States in accordance with applicable form instructions and with the fee specified in 8 CFR 106.2 to replace a permanent resident card The alien must surrender any prior evidence of alien registration, and USCIS will issue the alien new evidence of alien registration.

(2) Others. In the case of an alien who is not a lawful permanent resident, the alien's previously issued registration document will be noted to show that he or she has been registered and the date of registration.

§ 264.2 Application for creation of record of permanent residence.

(a) Jurisdiction. An applicant who believes that he/she is eligible for presumption of lawful admission for permanent residence under § 101.1 or § 101.2 of this chapter or for lawful permanent residence as a person born in the United States to a foreign diplomatic officer under § 101.3 of this chapter shall submit his/her application for creation of a record of lawful permanent residence on Form I-485 in accordance with the instructions on the form and paragraph (c) of this section. The applicant must be physically present in the United States at the time of submission of his/her application.

(b) Applicant under eighteen years old. If the applicant is under eighteen years old, the applicant's parent or legal guardian shall prepare and sign the application in the applicant's behalf.

(c) Filing application—(1) Presumption of lawful admission for permanent residence. An applicant who believes that he/she is eligible for presumption of lawful admission for permanent residence under § 101.1 or § 101.2 of this chapter shall submit the following:

(i) A completed Form I-485, with the fee required in 8 CFR 106.2 and any initial evidence required on the application form and in this section.

(ii) Form G-325A, Biographic Information.

(iii) [Reserved]

(iv) A list of all the applicant's arrivals in and departures from the United States.

(v) A statement signed by the applicant indicating the basis of the applicant's claim to presumption of lawful admission for permanent residence.

(vi) Documentary evidence substantiating the applicant's claim to presumption of lawful admission for permanent residence, including proof of continuous residence in the United States.

(vii) Two photographs prepared in accordance with the specifications outlined in the instructions on the application form. The immigration officer to whom the application is submitted, however, may waive the photographs for just cause.

(2) Lawful permanent residence as a person born in the United States under diplomatic status. An applicant who believes that he/she is eligible for lawful permanent residence as a person born in the United States to a foreign diplomatic officer under § 101.3 of this chapter shall submit the following:

(i) A completed Form I-485, with the fee required in 8 CFR 106.2 and any initial evidence required in this application form and in this section.

(ii) Form G-325A, Biographic Information.

(iii) [Reserved]

(iv) The applicant's birth certificate.

(v) An executed Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities.

(vi) Official confirmation of the diplomatic classification and occupational title of the applicant's parent(s) at the time of the applicant's birth.

(vii) A list of all the applicant's arrivals in and departures from the United States.

(viii) Proof of continuous residence in the United States.

(ix) Two photographs prepared in accordance with the specifications outlined in the instructions on the application form. The immigration officer to whom the application is submitted, however, may waive the photographs for just cause.

(3) Applicant under fourteen years old. An applicant under fourteen years old shall not submit Form G-325A, Biographic Information.

(d) Fingerprinting. After filing an application, each applicant 14 years of age or older shall be fingerprinted as prescribed in 8 CFR 103.16.

(e) Personal appearance. Each applicant, including an applicant under eighteen years of age, must submit his/her application in person. This requirement may be waived at the discretion of the immigration officer to whom the application is submitted because of confinement of age, physical infirmity, illiteracy, or other compelling reason.

(f) Interview. The applicant may be required to appear in person before an immigration officer prior to adjudication of the application to be interviewed under oath concerning his/her eligibility for creation of a record of lawful permanent residence.

(g) Decision. The decision regarding creation of a record of lawful permanent residence for an alien eligible for presumption of lawful admission for permanent residence or for a person born in the United States to a foreign diplomatic officer will be made by the district director having jurisdiction over the applicant's place of residence.

(h) Date of record of lawful permanent residence—(1) Presumption of lawful admission for permanent residence. If the application is granted, the applicant's permanent residence will be recorded as of the date of the applicant's arrival in the United States under the conditions which caused him/her to be eligible for presumption of lawful admission for permanent residence.

(2) Lawful permanent residence as a person born in the United States under diplomatic status. If the application is granted, the applicant's permanent residence will be recorded as of his/her date of birth.

(i) Denied application. If the application is denied, the decision may not be appealed.

(Secs. 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act, as amended; 8 U.S.C. 1101(a)(20), 1103, 1302, 1304)

§ 264.4 [Reserved]

§ 264.5 Application for a replacement Permanent Resident Card.

(a) Filing instructions. A request to replace a Permanent Resident Card must be filed in accordance with the appropriate form instructions and with the fee specified in 8 CFR 106.2.

(b) Permanent residents required to file. A permanent resident shall apply for a replacement Permanent Resident Card:

(1) When the previous card has been lost, stolen, or destroyed;

(2) When the existing card will be expiring within six months;

(3) When the existing card has been mutilated;

(4) When the bearer's name or other biographic information has been legally changed since issuance of the existing card;

(5) When the applicant is taking up actual residence in the United States after having been a commuter, or is a permanent resident taking up commuter status;

(6) When the applicant has been automatically converted to permanent resident status;

(7) When the previous card was issued but never received;

(8) When the bearer of the card reaches the age of 14 years, unless the existing card will expire prior to the bearer's 16th birthday; or

(9) If the existing card bears incorrect data on account of Service error.

(c) Other filings by a permanent resident. (1) A permanent resident shall apply on the designated form to replace a prior edition of the alien registration card issued on Form AR-3, AR-103, or I-151.

(2) A permanent resident may apply on the designated form to replace any edition of the Permanent Resident Card for any other reason not specified in paragraphs (b) and (c)(1) of this section.

(d) Conditional permanent residents required to file. A conditional permanent resident whose card is expiring may apply to have the conditions on residence removed in accordance with 8 CFR 216.4 or 8 CFR 216.6. A conditional resident who seeks to replace a permanent resident card that is not expiring within 90 days may apply for a replacement card on the form prescribed by USCIS:

(1) To replace a card that was lost, stolen, or destroyed;

(2) To replace a card that was issued but never received;

(3) Where the prior card has been mutilated;

(4) Where the prior card is incorrect on account of Service error; or

(5) Where his or her name or other biographic data has changed since the card was issued.

(e) Supporting documentation. (1) The prior Permanent Resident Card must be surrendered to USCIS if a new card is being requested in accordance with paragraphs (b)(2) through (5) and (b)(8) and (9) of this section.

(2) A request to replace a Permanent Resident Card filed pursuant to paragraph (b)(4) of this section must include evidence of the name change such as a court order or marriage certificate.

(3) A request to replace a Permanent Resident Card in order to change any other biographic data on the card must include documentary evidence verifying the new data.

(f) Decision. If an application is denied, the applicant shall be notified of the reasons for denial. No appeal shall lie from this decision.

(g) Eligibility for evidence of permanent residence while in deportation, exclusion, or removal proceedings. A person in deportation, exclusion, or removal proceedings is entitled to evidence of permanent resident status until ordered excluded, deported, or removed. USCIS will issue such evidence in the form of a temporary permanent resident document that will remain valid until the proceedings are concluded. Issuance of evidence of permanent residence to an alien who had permanent resident status when the proceedings commenced shall not affect those proceedings.

(h) Temporary evidence of registration. USCIS may issue temporary evidence of registration and lawful permanent resident status to a lawful permanent resident or conditional permanent resident alien who has properly filed an application for a replacement permanent resident card or for naturalization, petitioned for the removal of the conditions on his or her residence using the form prescribed by USCIS, or as otherwise determined by USCIS in accordance with the form instructions. The alien must surrender such temporary evidence upon receipt of his or her permanent resident card, unless that temporary evidence was placed by USCIS into the alien's passport.

(i) Waiver of requirements. USCIS may waive the photograph, in person filing, and fingerprinting requirements of this section in cases of confinement due to advanced age or physical infirmity.

§ 264.6 Application for a nonimmigrant arrival-departure record.

(a) Eligibility. USCIS may issue a new or replacement arrival-departure record to a nonimmigrant who:

(1) Seeks to replace a lost or stolen record;

(2) Seeks to replace a mutilated record; or

(3) Was not issued an arrival-departure record pursuant to 8 CFR 235.1(h)(1)(i), (iii), (iv), or (v) when last admitted as a nonimmigrant, and has not since been issued such record but now requires one.

(b) Application. A nonimmigrant may request issuance or replacement of a nonimmigrant arrival-departure record by applying on the form designated by USCIS with the fee prescribed in 8 CFR 106.2 and in accordance with the form instructions.

(c) Processing. A pending application filed under paragraph (a) of this section is temporary evidence of registration. If the application is approved, USCIS will issue an arrival-departure document. There is no appeal from the denial of this application.