PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION Authority: 6 U.S.C. 218 and note; 8 U.S.C. 1101 and note, 1103, 11f58, 1182, 1183, 1185 (pursuant to Executive Order 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1185 note, 1201, 1224, 1225, 1226, 1228, 1357, 1365a and note, 1365b, 1379, 1731-32; 48 U.S.C. 1806 and note, 1807, and 1808 and 48 U.S.C. 1806 notes (title VII, Pub. L. 110-229, 122 Stat. 754); 8 U.S.C. 1185 note (sec. 7209, Pub. L. 108-458, 118 Stat. 3638, and Pub. L. 112-54, 125 Stat. 550). § 235.1 Scope of examination. (a) General. (b) U.S. Citizens. (1) Passport card. (2) Merchant Mariner Document. (3) Military identification. (4) Trusted traveler programs. (5) Certain cruise ship passengers. (i) Boards a cruise ship at a port or place within the United States; and, (ii) Returns on the return voyage of the same cruise ship to the same United States port or place from where he or she originally departed. On such cruises, U.S. Citizens under the age of 16 may present an original or a copy of a birth certificate, a Consular Report of Birth Abroad, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration Services. (6) Native American holders of an American Indian card. (7) Native American holders of tribal documents. (8) Children. (i) Children under Age 16. (ii) Groups of Children under Age 19. (A) The group or organization must provide to CBP upon crossing the border, on organizational letterhead: ( 1 ( 2 ( 3 (B) The adult leading the group, organization, or team must demonstrate parental or legal guardian consent by certifying in the writing submitted in paragraph (b)(8)(ii)(A) of this section that he or she has obtained for each child the consent of at least one parent or legal guardian. (C) The inspection procedure described in this paragraph is limited to members of the group, organization, or team who are under age 19. Other members of the group, organization, or team must comply with other applicable document and/or inspection requirements found in this part. (c) Alien members of United States Armed Forces and members of a force of a NATO country. (d) Enhanced Driver's License Projects; alternative requirements. Federal Register, (e) Native American Tribal Cards; alternative requirements. Federal Register, (f) Alien applicants for admission. Requirements for admission. (i) Permanent residents. (ii) Photographs. (iii) Other biometrics. (iv) Failure to comply with biometric requirements. (v) Biometric requirements upon departure. (vi) Exemptions. (A) Aliens younger than 14 or older than 79 on the date of admission; (B) Aliens admitted on A-1, A-2, C-3 (except for attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visas, and certain Taiwan officials who hold E-1 visas and members of their immediate families who hold E-1 visas unless the Secretary of State and the Secretary of Homeland Security jointly determine that a class of such aliens should be subject to the requirements of paragraph (f)(1)(iii); (C) Classes of aliens to whom the Secretary of Homeland Security and the Secretary of State jointly determine it shall not apply; or (D) An individual alien to whom the Secretary of Homeland Security, the Secretary of State, or the Director of Central Intelligence determines it shall not apply. (2) An alien present in the United States who has not been admitted or paroled or an alien who seeks entry at other than an open, designated port-of-entry, except as otherwise permitted in this section, is subject to the provisions of section 212(a) of the Act and to removal under section 235(b) or 240 of the Act. (3) An alien who is brought to the United States, whether or not to a designated port-of-entry and regardless of the means of transportation, after having been interdicted in international or United States waters, is considered an applicant for admission and shall be examined under section 235(b) of the Act. (4) An alien stowaway is not an applicant for admission and may not be admitted to the United States. A stowaway shall be removed from the United States under section 235(a)(2) of the Act. The provisions of section 240 of the Act are not applicable to stowaways, nor is the stowaway entitled to further hearing or review of the removal, except that an alien stowaway who indicates an intention to apply for asylum, or expresses a fear of persecution, a fear of torture, or a fear of return to the country of proposed removal shall be referred to an asylum officer for a determination of credible fear of persecution or torture in accordance with section 235(b)(1)(B) of the Act and § 208.30 of this chapter. An alien stowaway who is determined to have a credible fear of persecution or torture shall have his or her asylum application adjudicated in accordance with § 208.2(b)(2) of this chapter. (g) U.S. citizens, lawful permanent residents of the United States, and other aliens, entering the United States along the northern border, other than at a port-of-entry. (1) Application. (i) For each person included on the application, evidence of citizenship, and, if not a citizen of the United States or Canada, evidence of legal permanent resident status in either the United States or Canada. Evidence of residency must be submitted by all applicants. It is not required that all persons on the application be of the same nationality; however, they must all be individually eligible to participate in this program. (ii) If multiple members of a family, as defined in paragraph (e)(1) of this section, are included on a single application, evidence of the familial relationship. (iii) A fee as prescribed in 8 CFR 103.7(d)(3). (iv) A copy of any previously approved Form I-68. (v) A permanent resident of Canada who is a national of a Visa Waiver Program may apply for admission simultaneously with the Form I-68 application and thereby obtain a Form I-94 or I-94W. (2) Submission of Form I-68. (3) Denial of Form I-68. (4) Validity. (5) Conditions for participation in the I-68 program. (i) Form I-68 may be used only when entering the United States by means of a vessel exclusively used for pleasure, including chartered vessels when such vessel has been chartered by an approved Form I-68 holder. When used by a person who is a not a citizen or a lawful permanent resident of the United States, admission shall be for a period not to exceed 72 hours to visit within 25 miles of the shore line along the northern border of the United States, including the shore line of Lake Michigan and Puget Sound. (ii) Participants must be in possession of any authorization documents issued for participation in this program or another Service Alternative Inspections program (INSPASS or PORTPASS). Participants over the age of 15 years and who are not in possession of an INSPASS or PORTPASS enrollment card must also be in possession of a photographic identification document issued by a governmental agency. Participants who are permanent residents of Canada who are nationals of a Visa Waiver Program country listed in § 217.2(a) of this chapter must also be in possession of proper documentation as described in paragraph (e) of this section. (iii) Participants may not import merchandise or transport controlled or restricted items while entering the United States under this program. The entry of any merchandise or goods must be in accordance with the laws and regulations of all Federal Inspection Services. (iv) Participants must agree to random checks or inspections that may be conducted by the Service, at any time and at any location, to ensure compliance. (v) Participants must abide by all Federal, state, and local laws regarding the importation of alcohol or agricultural products or the importation or possession of controlled substances as defined in section 101 of the Controlled Substance Act (21 U.S.C. 802). (vi) Participants acknowledge that all devices, decals, cards, or other Federal Government supplied identification or technology used to identify or inspect persons or vessels seeking entry via this program remain the property of the United States Government at all times, and must be surrendered upon request by a Border Patrol Agent or any other officer of a Federal Inspection Service. (vii) The captain, charterer, master, or owner (if aboard) of each vessel bringing persons into the United States is responsible for determining that all persons aboard the vessel are in possession of a valid, unexpired Form I-68 or other evidence of participation in a Service Alternative Inspections program (INSPASS or PORTPASS) prior to entry into the territorial waters of the United States. If any person on board is not in possession of such evidence, the captain, charterer, master, or owner must transport such person to a staffed United States Port-of-Entry for an in-person immigration inspection. (6) Revocation. (7) Compliance checking. (h) Form I-94, Arrival-Departure Record. (i) Any nonimmigrant alien described in § 212.1(a) of this chapter and 22 CFR 41.33 who is admitted as a visitor for business or pleasure or admitted to proceed in direct transit through the United States; (ii) Any nonimmigrant alien residing in the British Virgin Islands who was admitted only to the U.S. Virgin Islands as a visitor for business or pleasure under § 212.1(b) of this chapter; (iii) Except as provided in paragraph (h)(1)(v) of this section, any Mexican national admitted as a nonimmigrant visitor who is: (A) Exempt from a visa and passport pursuant to § 212.1(c)(1) of this chapter and is admitted for a period not to exceed 30 days to visit within 25 miles of the border; or (B) In possession of a valid visa and passport and is admitted for a period not to exceed 72 hours to visit within 25 miles of the border; (iv) Bearers of Mexican diplomatic or official passports described in § 212.1(c) of this chapter; or (v) Any Mexican national admitted as a nonimmigrant visitor who is: (A) Exempt from a visa and passport pursuant to § 212.1(c)(1) of this chapter and is admitted at the Mexican border POEs in the State of Arizona at Sasabe, Nogales, Mariposa, Naco or Douglas to visit within the State of Arizona within 75 miles of the border for a period not to exceed 30 days; or (B) In possession of a valid visa and passport and is admitted at the Mexican border POEs in the State of Arizona at Sasabe, Nogales, Mariposa, Naco or Douglas to visit within the State of Arizona within 75 miles of the border for a period not to exceed 72 hours; or (C) Exempt from visa and passport pursuant to § 212.1(c)(1) of this chapter and is admitted for a period not to exceed 30 days to visit within the State of New Mexico within 55 miles of the border or the area south of and including Interstate Highway I-10, whichever is further north; or (D) In possession of a valid visa and passport and is admitted for a period not to exceed 72 hours to visit within the State of New Mexico within 55 miles of the border or the area south of and including Interstate Highway I-10, whichever is further north. (2) Paroled aliens. [62 FR 10353, Mar. 6, 1997] Editorial Note: For Federal Register www.govinfo.gov. § 235.2 Parole for deferred inspection. (a) A district director may, in his or her discretion, defer the inspection of any vessel or aircraft, or of any alien, to another Service office or port-of-entry. Any alien coming to a United States port from a foreign port, from an outlying possession of the United States, from Guam, Puerto Rico, or the Virgin Islands of the United States, or from another port of the United States at which examination under this part was deferred, shall be regarded as an applicant for admission at that onward port. (b) An examining immigration officer may defer further examination and refer the alien's case to the district director having jurisdiction over the place where the alien is seeking admission, or over the place of the alien's residence or destination in the United States, if the examining immigration officer has reason to believe that the alien can overcome a finding of inadmissibility by: (1) Posting a bond under section 213 of the Act; (2) Seeking and obtaining a waiver under section 211 or 212(d)(3) or (4) of the Act; or (3) Presenting additional evidence of admissibility not available at the time and place of the initial examination. (c) Such deferral shall be accomplished pursuant to the provisions of section 212(d)(5) of the Act for the period of time necessary to complete the deferred inspection. (d) Refusal of a district director to authorize admission under section 213 of the Act, or to grant an application for the benefits of section 211 or section 212(d) (3) or (4) of the Act, shall be without prejudice to the renewal of such application or the authorizing of such admission by the immigration judge without additional fee. (e) Whenever an alien on arrival is found or believed to be suffering from a disability that renders it impractical to proceed with the examination under the Act, the examination of such alien, members of his or her family concerning whose admissibility it is necessary to have such alien testify, and any accompanying aliens whose protection or guardianship will be required should such alien be found inadmissible shall be deferred for such time and under such conditions as the district director in whose district the port is located imposes. [62 FR 10355, Mar. 6, 1997] § 235.3 Inadmissible aliens and expedited removal. (a) Detention prior to inspection. (b) Expedited removal Applicability. (i) Arriving aliens, as defined in 8 CFR 1.2; (ii) As specifically designated by the Commissioner, aliens who arrive in, attempt to enter, or have entered the United States without having been admitted or paroled following inspection by an immigration officer at a designated port-of-entry, and who have not established to the satisfaction of the immigration officer that they have been physically present in the United States continuously for the 2-year period immediately prior to the date of determination of inadmissibility. The Commissioner shall have the sole discretion to apply the provisions of section 235(b)(1) of the Act, at any time, to any class of aliens described in this section. The Commissioner's designation shall become effective upon publication of a notice in the Federal Register. Federal Register (2) Determination of inadmissibility Record of proceeding. (ii) No entitlement to hearings and appeals. (iii) Detention and parole of alien in expedited removal. (3) Additional charges of inadmissibility. (4) Claim of asylum or fear of persecution or torture. (i) Referral. (A) The purpose of the referral and description of the credible fear interview process; (B) The right to consult with other persons prior to the interview and any review thereof at no expense to the United States Government; (C) The right to request a review by an immigration judge of the asylum officer's credible fear determination; and (D) The consequences of failure to establish a credible fear of persecution or torture. (ii) Detention pending credible fear interview. (5) Claim to lawful permanent resident, refugee, or asylee status or U.S. citizenship Verification of status. (ii) Verified lawful permanent residents. (iii) Verified refugees and asylees. (iv) Review of order for claimed lawful permanent residents, refugees, asylees, or U.S. citizens. (6) Opportunity for alien to establish that he or she was admitted or paroled into the United States. (7) Review of expedited removal orders. (8) Removal procedures relating to expedited removal. (9) Waivers of documentary requirements. (10) Applicant for admission under section 217 of the Act. (c) Arriving aliens placed in proceedings under section 240 of the Act or aliens referred for an asylum merits interview under § 208.2(a)(1)(ii) of this chapter. (2) Except as otherwise provided in this chapter, any alien over whom USCIS exercises jurisdiction pursuant to § 208.2(a)(1)(ii) of this chapter after being found to have a credible fear of persecution or torture shall be detained in accordance with section 235(b) of the Act. Parole of such alien shall only be considered in accordance with § 212.5(b) of this chapter. (d) Service custody. (e) Detention in non-Service facility. (1) 24-Hour supervision, (2) Conformance with safety and emergency codes, (3) Food service, and (4) Availability of emergency medical care. (f) Privilege of communication. [62 FR 10355, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 65 FR 82256, Dec. 28, 2000; 69 FR 69490, Nov. 29, 2004; 76 FR 53790, Aug. 29, 2011; 82 FR 4771, Jan. 17, 2017; 87 FR 18220, Mar. 29, 2022] § 235.4 Withdrawal of application for admission. The Attorney General may, in his or her discretion, permit any alien applicant for admission to withdraw his or her application for admission in lieu of removal proceedings under section 240 of the Act or expedited removal under section 235(b)(1) of the Act. The alien's decision to withdraw his or her application for admission must be made voluntarily, but nothing in this section shall be construed as to give an alien the right to withdraw his or her application for admission. Permission to withdraw an application for admission should not normally be granted unless the alien intends and is able to depart the United States immediately. An alien permitted to withdraw his or her application for admission shall normally remain in carrier or Service custody pending departure, unless the district director determines that parole of the alien is warranted in accordance with § 212.5(b) of this chapter. [62 FR 10358, Mar. 6, 1997; 62 FR 15363, Apr. 1, 1997; 65 FR 82256, Dec. 28, 2000] § 235.5 Preinspection. (a) In United States territories and possessions. (b) In foreign territory. [62 FR 10358, Mar. 6, 1997, as amended at 74 FR 2836, Jan. 16, 2009; 74 FR 25388, May 28, 2009] § 235.6 Referral to immigration judge. (a) Notice Referral by Form I-862, Notice to Appear. (i) If, in accordance with the provisions of section 235(b)(2)(A) of the Act, the examining immigration officer detains an alien for a proceeding before an immigration judge under section 240 of the Act; or (ii) If an immigration officer verifies that an alien subject to expedited removal under section 235(b)(1) of the Act has been admitted as a lawful permanent resident or refugee, or granted asylum, or, upon review pursuant to § 235.3(b)(5)(iv) of chapter I, an immigration judge determines that the alien was once so admitted or granted asylum, provided that such status has not been terminated by final administrative action, and the DHS initiates removal proceedings against the alien under section 240 of the Act. (iii)-(iv) [Reserved] (2) Referral by Form I-863, Notice of Referral to Immigration Judge. (i) If an asylum officer determines that the alien does not have a credible fear of persecution or torture, and the alien requests a review of that determination by an immigration judge; (ii) If, in accordance with section 235(b)(1)(C) of the Act, an immigration officer refers an expedited removal order entered on an alien claiming to be a lawful permanent resident, refugee, asylee, or U.S. citizen for whom the officer could not verify such status to an immigration judge for review of the order; or (iii) If an immigration officer refers an applicant in accordance with the provisions of § 208.2(c)(1) or (2) of this chapter to an immigration judge for an asylum- or withholding-only hearing. (b) Certification for mental condition; medical appeal. (c) The provisions of part 235 are separate and severable from one another. In the event that any provision in part 235 is stayed, enjoined, not implemented, or otherwise held invalid, the remaining provisions shall nevertheless be implemented as an independent rule and continue in effect. [62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 74 FR 55739, Oct. 28, 2009; 85 FR 29316, May 14, 2020; 85 FR 80393, Dec. 11, 2020; 87 FR 18220, Mar. 29, 2022] § 235.7 Automated inspection services (PORTPASS). (a) PORTPASS Program Definitions Port Passenger Accelerated Service System (PORTPASS). (ii) SENTRI program. (iii) Automated Permit Port (APP). (iv) Dedicated Commuter Lane (DCL). (v) DCL system costs fee. additional vehicle fee (2) Designation of POEs for PORTPASS access. (i) The location has an identifiable group of low-risk border crossers; (ii) The institution of PORTPASS access will not significantly inhibit normal traffic flow; (iii) The POE selected for access via a DCL has a sufficient number of Service personnel to perform primary and secondary inspection functions. (3) General eligibility requirements for PORTPASS program applicants. (4) Application. (ii) Each person seeking PORTPASS access must file a separate application. (iii) The number of persons and vehicles which can use a DCL is limited numerically by the technology of the system. For this reason, distribution of applications at each POE may be limited. (iv) Applications must be supported by evidence of citizenship, and, in the case of lawful permanent residents of the United States, evidence of lawful permanent resident status in the United States. Alien applicants required to possess a valid visa must present documentation establishing such possession and any other documentation as required by the Act at the time of the application, and must be in possession of such documentation at the time of each entry, and at all times while present in the United States. Evidence of residency must be submitted by all applicants. Evidence of employment may be required to be furnished by the applicant. A current valid driver's license, and evidence of vehicle registration and insurance for the vehicle which will be occupied by the applicant as a driver or passenger when he or she uses the DCL or APP must be presented to the Service prior to approval of the application. (v) A completed Form I-823 must be accompanied by the fee as prescribed in 8 CFR 103.7(d)(7). Each PORTPASS applicant 14 years-of-age or older must complete the application and pay the application fee. Applicants under the age of 14 will be required to complete the application, but will not be required to pay the application fee. An application for a replacement PORTPASS card must be made on the Form I-823, and filed with the fee prescribed in 8 CFR 103.7(d)(7). The district director having jurisdiction over the POE where the applicant requests access may, in his or her discretion, waive the application or replacement fee. (vi) If fingerprints are required to assist in a determination of eligibility at that POE, the applicant will be so advised by the Service prior to submitting his or her application. The applicant shall also be informed at that time of the current Federal Bureau of Investigation fee for conducting a fingerprint check. This fee must be paid by the applicant to the Service before any processing of the application shall occur. The fingerprint fee may be not be waived. (vii) Each applicant must present himself or herself for an inspection and/or positive identification at a time designated by the Service prior to approval of the application. (viii) Each vehicle that a PORTPASS participant desires to register in PORTPASS must be inspected and approved by the Service prior to use in the PORTPASS system. Evidence of valid, current registration and vehicle insurance must be presented to the Service at the time the vehicle is inspected. If the vehicle is not owned by the participant, the participant may be required to present written permission from the registered owner authorizing use of the vehicle in the PORTPASS program throughout the PORTPASS registration period. (ix) An applicant, whether an occupant or driver, may apply to use more than one vehicle in the DCL. The first vehicle listed on the Form I-823 will be designated as the applicant's primary vehicle. The second vehicle, if not designated by another applicant as his or her primary vehicle, is subject to the additional vehicle charge as prescribed by the Service. (x) An application may be denied in the discretion of the district director having jurisdiction over the POE where the applicant requests access. Notice of such denial shall be given to the applicant. There is no appeal from the denial, but denial is without prejudice to reapplying for this or any other Service benefit. Re-applications, or applications following revocation of permission to use the lane, will not be considered by the Service until 90 days have passed following the date of denial or revocation. Criteria which will be considered in the decision to approve or deny the application include the following: admissibility to the United States and documentation so evidencing, criminal history and/or evidence of criminality, purpose of travel, employment, residency, prior immigration history, possession of current driver's license, vehicle insurance and registration, and vehicle inspection. (xi) Applications approved by the Service will entitle the applicant to seek entry via a designated PORTPASS Program POE for a period of 2 years from the date of approval of the application unless approval is otherwise withdrawn. An application for a replacement card will not extend the initial period of approval. (5) By applying for and participating in the PORTPASS program, each approved participant acknowledges and agrees to all of the following: (i) The installation and/or use of, in the vehicle approved for use in the PORTPASS program, any and all decals, devices, technology or other methodology deemed necessary by the Service to ensure inspection of the person(s) seeking entry through a DCL, in addition to any fee and/or monetary deposit assessed by the Service pending return of any and all such decals, devices, technology, and other methodology in undamaged condition. (ii) That all devices, decals, or other equipment, methodology, or technology used to identify or inspect persons or vehicles seeking entry via any PORTPASS program remains the property of the United States Government at all times, and must be surrendered upon request by the Service. Each participant agrees to abide by the terms set forth by the Service for use of any device, decal, or other equipment, method or technology. (iii) The payment of a system costs fee as determined by the Service to be necessary to cover the costs of implementing, maintaining, and operating the PORTPASS program. (iv) That each occupant of a vehicle applying for entry through PORTPASS must have current approval from the Service to apply for entry through the PORTPASS program in that vehicle. (v) That a participant must be in possession of any authorization document(s) issued for PORTPASS access and any other entry document(s) as required by the Act or by regulation at the time of each entry to the United States. (vi) That a participant must positively identify himself or herself in the manner prescribed by the Service at the time of each application for entry via the PORTPASS. (vii) That each use of PORTPASS constitutes a separate application for entry to the United States by the alien participant. (viii) That each participant agrees to be responsible for all contents of the vehicle that he or she occupies when using PORTPASS. (ix) That a participant may not import merchandise or transport controlled or restricted items using PORTPASS. The entry of any merchandise or goods must be in accordance with the laws and regulations of all other Federal inspection agencies. (x) That a participant must abide by all Federal, state and local laws regarding the importation of alcohol or agricultural products or the importation or possession of controlled substances as defined in section 101 of the Controlled Substance Act (21 U.S.C. § 802). (xi) That a participant will be subject to random checks or inspections that may be conducted by the Service at any time and at any location, to ensure compliance. (xii) That current vehicle registration and, if applicable, current permission to use the vehicle in PORTPASS, and evidence of current vehicle insurance, shall be in the vehicle at all times during use of PORTPASS. (xiii) Participant agrees to notify the Service if a vehicle approved for use in a PORTPASS program is sold, stolen, damaged, or disposed of otherwise. If a vehicle is sold, it is the responsibility of the participant to remove or obliterate any identifying device or other authorization for participation in the program or at the time of sale unless otherwise notified by the Service. If any license plates are replaced on an enrolled vehicle, the participant must submit a properly executed Form I-823, without fee, prior to use of the vehicle in the PORTPASS program. (xiv) That APP-approved participants who wish to enter the United States through a POE other than one designated as an APP through which they may pass must present themselves for inspection or examination by an immigration officer during normal business hours. Entry to the United States during hours when a Port of Entry is not staffed may be made only through a POE designated as an APP. (b) Violation of condition of the PORTPASS program. (c) Judicial review. [61 FR 53831, Oct. 16, 1996. Redesignated at 62 FR 10358, Mar. 6, 1997; 68 FR 10145, Mar. 4, 2003; 85 FR 46926, Aug. 3, 2020; 89 FR 22628, Apr. 2, 2024] § 235.8 Inadmissibility on security and related grounds. (a) Report. (b) Action by regional director. (2) If the regional director concludes that the case does not meet the criteria contained in section 235(c)(2)(B) of the Act, the regional director may direct that: (i) An immigration officer shall conduct a further examination of the alien, concerning the alien's admissibility; or, (ii) The alien's case be referred to an immigration judge for a hearing, or for the continuation of any prior hearing. (3) The regional director's decision shall be in writing and shall be signed by the regional director. Unless the written decision contains confidential information, the disclosure of which would be prejudicial to the public interest, safety, or security of the United States, the written decision shall be served on the alien. If the written decision contains such confidential information, the alien shall be served with a separate written order showing the disposition of the case, but with the confidential information deleted. (4) The Service shall not execute a removal order under this section under circumstances that violate section 241(b)(3) of the Act or Article 3 of the Convention Against Torture. The provisions of part 208 of this chapter relating to consideration or review by an immigration judge, the Board of Immigration Appeals, or an asylum officer shall not apply. (c) Finality of decision. (d) Hearing by immigration judge. (e) Nonapplicability. [62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 76 FR 53790, Aug. 29, 2011] § 235.9 Northern Marianas identification card. During the two-year period that ended July 1, 1990, the Service issued Northern Marianas Identification Cards to aliens who acquired United States citizenship when the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States entered into force on November 3, 1986. These cards remain valid as evidence of United States citizenship. Although the Service no longer issues these cards, a United States citizen to whom a card was issued may file Form I-777, Application for Issuance or Replacement of Northern Marianas Card, to obtain replacement of a lost, stolen, or mutilated Northern Marianas Identification Card. [62 FR 10359, Mar. 6, 1997] § 235.10 U.S. Citizen Identification Card. (a) General. (b) Surrender and voidance Institution of proceeding under section 240 or 342 of the Act. (2) Investigation of validity of identification card. (3) Admission of alienage. (4) Surrender of void card. (c) U.S. Citizen Identification Card previously issued on Form I-179. [62 FR 10359, Mar. 6, 1997] § 235.11 Admission of conditional permanent residents. (a) General Conditional residence based on family relationship. (2) Conditional residence based on entrepreneurship. (b) Correction of endorsement on immigrant visa. (c) Expired conditional permanent resident status. [62 FR 10360, Mar. 6, 1997] § 235.12 Global Entry program. (a) Program description. www.cbp.gov. http://www.cbp.gov (b) Program eligibility criteria Eligible individuals. (i) U.S. citizens, U.S. nationals, and U.S. lawful permanent residents absent any of the disqualifying factors described in paragraph (b)(2) of this section. (ii) Certain nonimmigrant aliens from countries that have entered into arrangements with CBP concerning international trusted traveler programs absent any of the disqualifying factors described in paragraph (b)(2) of this section, and subject to the conditions set forth in the particular arrangement. Individuals from a country that has entered into such an arrangement with CBP may be eligible to apply for participation in Global Entry only after CBP announces the arrangement by publication of a notice in the Federal Register. e.g., www.globalentry.gov Federal Register. (iii) Persons under the age of 18 who meet the eligibility criteria of paragraph (b)(1)(i) or (ii) of this section must have the consent of a parent or legal guardian to participate in Global Entry and provide proof of such consent in accordance with CBP instructions. (2) Disqualifying factors. (i) The applicant provides false or incomplete information on the application; (ii) The applicant has been arrested for, or convicted of, any criminal offense or has pending criminal charges or outstanding warrants in any country; (iii) The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country; (iv) The applicant is the subject of an investigation by any federal, state, or local law enforcement agency in any country; (v) The applicant is inadmissible to the United States under applicable immigration laws or has, at any time, been granted a waiver of inadmissibility or parole; (vi) The applicant is known or suspected of being or having been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism; or (vii) The applicant cannot satisfy CBP of his or her low-risk status or meet other program requirements. (c) Participating airports. www.cbp.gov. Federal Register www.cbp.gov. (d) Program application. www.globalentry.gov. (2) Except for certain minors, all applicants must pay the non-refundable fee in the amount set forth at 8 CFR 103.7(d)(13) for “Global Entry.” Minors under the age of 18 who apply to the Global Entry program concurrently with a parent or legal guardian, or whose parent or legal guardian is already a participant of Global Entry, are exempt from payment of the applicable fee. The fee is to be paid to CBP at the time of application through the online TTP System, which can be found through www.cbp.gov, (3) Every applicant accepted into Global Entry is accepted for a period of 5 years provided participation is not terminated by CBP prior to the end of the 5-year period. Each applicant may apply to renew participation up to one year prior to the close of the participation period. (4) Each applicant may check the status of his or her application through his or her account with the application system in use for Global Entry. (e) Interview and enrollment. (2) Each applicant must bring to the interview with CBP the original of the identification document specified in his or her application. During the interview, CBP will collect biometric information from the applicant ( e.g., (3) CBP may provide for alternative enrollment procedures, as necessary, to facilitate enrollment and ensure an applicant's eligibility for the program. (f) Valid machine-readable passport or valid lawful permanent resident card. (g) Arrival procedures. (1) Proceed to Global Entry Processing and follow all CBP instructions; and (2) Proceed to the nearest open primary inspection station if CBP determines it is appropriate. (h) Application for entry, examination, and inspection. (i) Pilot participant enrollment. (j) Denial and removal. (2) A Global Entry participant may be removed from the program for any of the following reasons: (i) CBP, at its sole discretion, determines that the participant has engaged in any disqualifying activities under the Global Entry program as outlined in § 235.12(b)(2); (ii) CBP, at its sole discretion, determines that the participant provided false information in the application and/or during the application process; (iii) CBP, at its sole discretion, determines that the participant failed to follow the terms, conditions and requirements of the program; (iv) CBP, at its sole discretion, determines that the participant has been arrested or convicted of a crime or otherwise no longer meets the program eligibility criteria; or (v) CBP, at its sole discretion, determines that such action is otherwise necessary. (3) CBP will notify the participant of his or her suspension or removal in writing. Such suspension or removal is effective immediately. (4) An applicant or participant denied or removed will not receive a refund, in whole or in part, of his or her application processing fee. (k) Redress. (1) DHS Traveler Redress Inquiry Program (DHS TRIP). (2) Ombudsman. [77 FR 5690, Feb. 6, 2012, as amended at 85 FR 46926, Aug. 3, 2020; 89 FR 22628, Apr. 2, 2024] § 235.13 U.S. Asia-Pacific Economic Cooperation Business Travel Card Program. (a) Description. http://www.apec.org. (b) Program eligibility criteria Eligible individuals. (i) A U.S. citizen; (ii) An existing member in good standing of a CBP trusted traveler program or approved for membership in a CBP trusted traveler program during the application process described in paragraph (c) of this section. For the purpose of this section only, “trusted traveler program” is defined as a voluntary program of the Department that allows U.S. Customs and Border Protection to expedite clearance of pre-approved, low-risk travelers arriving in the United States; and (iii) A bona fide U.S. business person engaged in business in the APEC region or U.S. Government official actively engaged in APEC business. (A) “APEC business” means U.S. government activities that support the work of APEC. (B) A “bona fide business person engaged in business in the APEC region” means a person engaged in the trade of goods, the provision of services, or the conduct of investment activities in the APEC region. Professional athletes, news correspondents, entertainers, musicians, artists or persons engaged in similar occupations are not considered to be bona fide business persons engaged in business in the APEC region. (2) Conditions regarding the use of the U.S. APEC Business Travel Card. (ii) The U.S. APEC Business Travel Card can be used only if the card holder is traveling solely for business purposes to a foreign APEC member economy and is not engaging in paid employment in the foreign APEC member economy. (c) Application process. www.globalentry.gov. (2) Each applicant must certify that he or she is an existing member in good standing in a CBP trusted traveler program or that he or she has submitted an application to a CBP trusted traveler program; that he or she is a bona fide U.S. business person engaged in business in the APEC region or U.S. Government official actively engaged in APEC business; and, that he or she is not a professional athlete, news correspondent, entertainer, musician, artist or person engaged in a similar occupation. (3) Each applicant must provide his or her signature so that the signature will appear on the face of the card. (4) If the applicant is not a member of a CBP trusted traveler program, the applicant must concurrently apply for membership in a CBP trusted traveler program and be approved for such membership. Applicants for a CBP trusted traveler program must have an in-person interview, undergo a vetting process and pay the relevant CBP trusted traveler fee. Active membership in a CBP trusted traveler program is necessary for the entire duration of the U.S. APEC Business Travel Card. If membership in the CBP trusted traveler program is set to lapse before the U.S. APEC Business Travel Card expires, the individual must renew his or her CBP trusted traveler membership prior to its expiration date in order to retain membership in the U.S. APEC Business Travel Card Program. (5) Each applicant must pay a non-refundable fee in the amount set forth at 8 CFR 103.7(d)(14) for “U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card” at the time of application. The fee is to be paid to CBP at the time of application through the Federal Government's on-line payment system, Pay.gov or other CBP-approved process. (6) The U.S. APEC Business Travel Card is valid for a period of five years or until the expiration date of the card holder's passport if that is earlier, provided that membership is not terminated by CBP prior to the end of this period. CBP can terminate use of the U.S. APEC Business Travel Card if the card holder is no longer a member of a CBP trusted traveler program or if the individual is not compliant with the program requirements. Each applicant may apply to renew the card prior to its expiration. (d) Expedited entry privileges. (e) Entry requirements. (f) Denial and removal. (2) A U.S. APEC Business Travel Card holder may be removed from the U.S. APEC Business Travel Card Program if CBP determines at its sole discretion that: (i) The U.S. APEC Business Travel Card holder provided false information in the application and/or during the application process; (ii) The U.S. APEC Business Travel Card holder failed to follow the terms, conditions and requirements of the program (including continued active membership in a CBP trusted traveler program); (iii) The U.S. APEC Business Travel Card holder has been arrested or convicted of a crime or otherwise no longer meets the program eligibility criteria; or (iv) Such action is otherwise necessary. (3) CBP will notify the U.S. APEC Business Travel Card holder of his or her removal in writing. Such removal is effective immediately. (4) A U.S. APEC Business Travel Card applicant or a U.S. APEC Business Travel Card holder who is denied or removed will not receive a refund, in whole or in part, of the application fee. (g) Redress. (1) Enrollment center. www.globalentry.gov, http://www.globalentry.gov/nexus.html http://www.globalentry.gov/sentri.html. (2) Ombudsman. www.globalentry.gov. [79 FR 27174, May 13, 2014, as amended at 81 FR 84415, Nov. 23, 2016; 84 FR 27707, June 14, 2019; 85 FR 46926, Aug. 3, 2020] § 235.14 SENTRI program. (a) Program description. http://www.cbp.gov. http://www.cbp.gov (b) Program eligibility criteria Eligible individuals. (2) Disqualifying factors. (i) The applicant provides false or incomplete information on his or her application; (ii) The applicant has been arrested for, or convicted of, any criminal offense or has pending criminal charges or outstanding warrants in any country; (iii) The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country; (iv) The applicant is the subject of an investigation by any Federal, State or local law enforcement agency in any country; (v) The applicant is inadmissible to the United States under applicable immigration laws or has, at any time, been granted a waiver of inadmissibility or parole; (vi) The applicant is known or suspected of being or having been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism; or (vii) The applicant cannot satisfy CBP of his or her low-risk status or meet other program requirements. (c) Program application. www.cbp.gov. (2) During the application process, an applicant must provide information on any vehicle that will utilize the SENTRI lanes. The vehicle must be approved by CBP to utilize the dedicated SENTRI lanes. Registration of one vehicle for use in the SENTRI lanes is included in the application fee provided the vehicle is registered at the time of initial application or at renewal. If any vehicle is registered after the initial application or renewal is filed, or if an applicant or participant wishes to register more than one vehicle for use in the SENTRI lanes, they will be assessed an additional fee in the amount set forth at 8 CFR 103.7(d)(16). The fee is to be paid to CBP at the time the vehicle is registered through the online TTP System, which can be found at www.cbp.gov, (3) Except for certain minors, all other applicants must pay the non-refundable fee in the amount set forth at 8 CFR 103.7(d)(16) for the “SENTRI program”. Minors under the age of 18 who apply concurrently with a parent or legal guardian, or whose parent or legal guardian is already a participant of SENTRI, are exempt from payment of the applicable fee. The fee is to be paid to CBP at the time of application through the TTP System or other CBP-approved process. (4) Every applicant accepted into the SENTRI program is accepted for a period of 5 years provided participation is not terminated by CBP prior to the end of the 5-year period. Each applicant may apply to renew participation up to one year prior to the close of the participation period. (5) Each applicant may check the status of his or her application through his or her account with the application system in use for the SENTRI program. (d) Interview and enrollment. (2) Each applicant must provide CBP the original of the identification document specified in his or her application. During the interview, CBP will collect biometric information from the applicant ( e.g., (3) CBP may provide for alternative enrollment procedures, as necessary, to facilitate enrollment and ensure an applicant's eligibility for the program. (e) SENTRI lanes. http://www.cbp.gov. (f) Denial and removal. (2) A SENTRI participant may be removed from the program for any of the following reasons: (i) CBP, at its sole discretion, determines that the participant has engaged in any disqualifying activities as outlined in paragraph (b)(2) of this section; (ii) CBP, at its sole discretion, determines that the participant provided false information in the application and/or during the application process; (iii) CBP, at its sole discretion, determines that the participant failed to follow the terms, conditions and requirements of the program; (iv) CBP determines that the participant has been arrested or convicted of a crime or otherwise determines, at its sole discretion, that the participant no longer meets the program eligibility criteria; or (v) CBP, at its sole discretion, determines that such action is otherwise necessary. (3) CBP will notify the participant of their removal from the program in writing. Such removal is effective immediately. (4) An applicant or participant denied or removed will not receive a refund, in whole or in part, of his or her application fee. (g) Redress. (1) DHS Traveler Redress Inquiry Program (DHS TRIP). (2) Ombudsman. [89 FR 22629, Apr. 2, 2024] § 235.15 Inadmissible aliens and expedited removal during emergency border circumstances. (a) Applicability. (b) Expedited removal. (1) [Reserved] (2) Determination of inadmissibility Record of proceeding. (B) The examining immigration officer shall advise the alien of the charges against him or her on Form I-860, Notice and Order of Expedited Removal, and the alien shall be given an opportunity to respond to those charges. After obtaining supervisory concurrence in accordance with § 235.3(b)(7), the examining immigration official shall serve the alien with Form I-860 and the alien shall sign the form acknowledging receipt. Interpretative assistance shall be used if necessary to communicate with the alien. (ii)-(iii) [Reserved] (3) [Reserved] (4) Claim of asylum or fear of persecution or torture. (A) The inspecting immigration officer shall document whether the alien has manifested or affirmatively expressed such intention, fear, or concern. (B) The referring officer shall provide the alien with a written disclosure describing the purpose of the referral and the credible fear interview process; the right to consult with other persons prior to the interview and any review thereof at no expense to the United States Government; the right to request a review by an immigration judge of the asylum officer's credible fear determination; and the consequences of failure to establish a credible fear of persecution or torture. (ii) [Reserved] (c)-(f) [Reserved] (g) Severability. [89 FR 48770, June 7, 2024, as amended at 89 FR 81285, Oct. 7, 2024]