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533 Part 235—Inspection of Per- Sons Applying for Admis

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533 Part 235—Inspection of Per- Sons Applying for Admis Department of Homeland Security § 235.1 circumstances of the flight and of the an airport as an international airport emergency or forced landing. for the entry of aliens may be with- drawn whenever, in the judgment of [22 FR 9795, Dec. 6, 1957, as amended at 32 FR 9631, July 4, 1967; 45 FR 29243, May 1, 1980; 49 the Commissioner, there appears just FR 50019, Dec. 26, 1984; 54 FR 102, Jan. 4, 1989; cause for such action. 54 FR 1050, Jan. 11, 1989; 65 FR 58903, Oct. 3, [22 FR 9795, Dec. 6, 1957] 2000; 76 FR 5060, Jan. 28, 2011; 81 FR 14953, Mar. 21, 2016] PART 235—INSPECTION OF PER- § 234.3 Aircraft; how considered. SONS APPLYING FOR ADMIS- Except as otherwise specifically pro- SION vided in the Immigration and Nation- ality Act and this chapter, aircraft ar- Sec. riving in or departing from the conti- 235.1 Scope of examination. nental United States or Alaska di- 235.2 Parole for deferred inspection. rectly from or to foreign contiguous 235.3 Inadmissible aliens and expedited re- moval. territory or the French island of St. 235.4 Withdrawal of application for admis- Pierre or Miquelon shall be regarded sion. for the purposes of the Immigration 235.5 Preinspection. and Nationality Act and this chapter 235.6 Referral to immigration judge. as other transportation lines or compa- 235.7 Automated inspection services. nies arriving or departing over the land 235.8 Inadmissibility on security and re- borders of the United States. lated grounds. 235.9 Northern Marianas identification card. [22 FR 9795, Dec. 6, 1957. Redesignated and 235.10 U.S. Citizen Identification Card. amended at 62 FR 10353, Mar. 6, 1997] 235.11 Admission of conditional permanent residents. § 234.4 International airports for entry 235.12 Global Entry program. of aliens. 235.13 U.S. Asia-Pacific Economic Coopera- tion Business Travel Card Program. International airports for the entry of aliens shall be those airports des- AUTHORITY: 8 U.S.C. 1101 and note, 1103, ignated as such by the Commissioner. 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p. 278), 1201, 1224, 1225, An application for designation of an 1226, 1228, 1365a note, 1365b, 1379, 1731–32; Title airport as an international airport for VII of Pub. L. 110–229; 8 U.S.C. 1185 note (sec- the entry of aliens shall be made to the tion 7209 of Pub. L. 108–458); Pub. L. 112–54; Commissioner and shall state whether Pub. L. 115–218. the airport: (a) Has been approved by the Secretary of Commerce as a prop- § 235.1 Scope of examination. erly equipped airport, (b) has been des- (a) General. Application to lawfully ignated by the Secretary of the Treas- enter the United States shall be made ury as a port of entry for aircraft arriv- in person to an immigration officer at ing in the United States from any place a U.S. port-of-entry when the port is outside thereof and for the merchan- open for inspection, or as otherwise dise carried thereon, and (c) has been designated in this section. designated by the Secretary of Health, (b) U.S. Citizens. A person claiming Education, and Welfare as a place for U.S. citizenship must establish that quarantine inspection. An airport shall fact to the examining officer’s satisfac- not be so designated by the Commis- tion and must present a U.S. passport sioner without such prior approval and or alternative documentation as re- designation, and unless it appears to quired by 22 CFR part 53. If such appli- the satisfaction of the Commissioner cant for admission fails to satisfy the that conditions render such designa- examining immigration officer that he tion necessary or advisable, and unless or she is a U.S. citizen, he or she shall adequate facilities have been or will be thereafter be inspected as an alien. A provided at such airport without cost U.S. citizen must present a valid unex- to the Federal Government for the pired U.S. passport book upon entering proper inspection and disposition of the United States, unless he or she pre- aliens, including office space and such sents one of the following documents: temporary detention quarters as may (1) Passport card. A U.S. citizen who be found necessary. The designation of possesses a valid unexpired United 533 VerDate Sep<11>2014 14:51 Apr 01, 2021 Jkt 253027 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Q:\08\8V1.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 235.1 8 CFR Ch. I (1–1–21 Edition) States passport card, as defined in 22 Report of Birth Abroad, or a Certifi- CFR 53.1, may present the passport cate of Naturalization issued by U.S. card when entering the United States Citizenship and Immigration Services. from contiguous territory or adjacent (6) Native American holders of an Amer- islands at land or sea ports-of-entry. ican Indian card. A Native American (2) Merchant Mariner Document. A holder of a Form I–872 American Indian U.S. citizen who holds a valid Mer- Card arriving from contiguous terri- chant Mariner Document (MMD) issued tory or adjacent islands may present by the U.S. Coast Guard may present the Form I–872 card prior to entering an unexpired MMD used in conjunction the United States at a land or sea port- with official maritime business when of-entry. entering the United States. (7) Native American holders of tribal (3) Military identification. Any U.S. documents. A U.S. citizen holder of a citizen member of the U.S. Armed tribal document issued by a United Forces who is in the uniform of, or States qualifying tribal entity or group bears documents identifying him or her of United States qualifying tribal enti- as a member of, such Armed Forces, ties, as provided in paragraph (e) of and who is coming to or departing from this section, who is arriving from con- the United States under official orders tiguous territory or adjacent islands or permit of such Armed Forces, may may present the tribal document prior present a military identification card to entering the United States at a land and the official orders when entering or sea port-of-entry. the United States. (8) Children. A child who is a United (4) Trusted traveler programs. A U.S. States citizen entering the United citizen who travels as a participant in States from contiguous territory at a the NEXUS, FAST, or SENTRI pro- sea or land ports-of-entry may present grams may present a valid NEXUS pro- certain other documents, if the arrival gram card when using a NEXUS Air falls under subsection (i) or (ii). kiosk or a valid NEXUS, FAST, or (i) Children under Age 16. A U.S. cit- SENTRI card at a land or sea port-of- izen who is under the age of 16 is per- entry prior to entering the United mitted to present either an original or States from contiguous territory or ad- a copy of his or her birth certificate, a jacent islands. A U.S. citizen who en- Consular Report of Birth Abroad issued ters the United States by pleasure ves- by the Department of State, or a Cer- sel from Canada using the remote in- tificate of Naturalization issued by spection system may present a NEXUS U.S. Citizenship and Immigration Serv- program card. ices when entering the United States (5) Certain cruise ship passengers. A from contiguous territory at land or U.S. citizen traveling entirely within sea ports-of-entry. the Western Hemisphere is permitted (ii) Groups of Children under Age 19. A to present a government-issued photo U.S. citizen, who is under age 19 and is identification document in combina- traveling with a public or private tion with either an original or a copy school group, religious group, social or of his or her birth certificate, a Con- cultural organization, or team associ- sular Report of Birth Abroad issued by ated with a youth sport organization is the Department of State, or a Certifi- permitted to present either an original cate of Naturalization issued by U.S. or a copy of his or her birth certificate, Citizenship and Immigration Services a Consular Report of Birth Abroad for entering the United States when issued by the Department of State, or a the United States citizen: Certificate of Naturalization issued by (i) Boards a cruise ship at a port or U.S. Citizenship and Immigration Serv- place within the United States; and, ices when arriving from contiguous ter- (ii) Returns on the return voyage of ritory at land or sea ports-of-entry, the same cruise ship to the same when the group, organization, or team United States port or place from where is under the supervision of an adult af- he or she originally departed. filiated with the group, organization, On such cruises, U.S. Citizens under or team and when the child has paren- the age of 16 may present an original or tal or legal guardian consent to travel. a copy of a birth certificate, a Consular For purposes of this paragraph, an 534 VerDate Sep<11>2014 14:51 Apr 01, 2021 Jkt 253027 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Q:\08\8V1.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Department of Homeland Security § 235.1 adult is considered to be a person age ignation by the Secretary of Homeland 19 or older. The following requirements Security of an enhanced driver’s li- will apply: cense as an acceptable document to de- (A) The group or organization must note identity and citizenship for pur- provide to CBP upon crossing the bor- poses of entering the United States, der, on organizational letterhead: U.S.
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