(a) A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who:
(1) Is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States;
(2) Is entering under the provisions of § 211.1(a)(2) through (a)(7);
(3) Is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States;
(4) Is a stateless person or a person who because of his or her opposition to Communism is unwilling or unable to obtain a passport from the country of his or her nationality, or is the accompanying spouse or unmarried son or daughter of such immigrant; or
(5) Is a member of the Armed Forces of the United States.
(b) Except as provided in paragraph (a) of this section, if an alien seeking admission as an immigrant with an immigrant visa believes that good cause exists for his or her failure to present a passport, the alien may file an application for a waiver of this requirement with the DHS officer who has jurisdiction over the port of entry where the alien arrives. To apply for this waiver, the alien must apply on the form specified by USCIS, with the fee prescribed in 8 CFR 106.2. In the exercise of discretion, the DHS officer with jurisdiction over the port of entry, may waive the alien's lack of passport and admit the alien as an immigrant, if DHS is satisfied that the alien has established good cause for his or her failure to present a passport.
[62 FR 10346, Mar. 6, 1997, as amended at 74 FR 26937, June 5, 2009; 76 FR 53786, Aug. 29, 2011; 85 FR 46922, Aug. 3, 2020]
Notes of Decisions
United States v. David Vyner, 846 F.3d 1224 (D.C. Cir. 2017).
· cites it 3× “2d at 346 (citing 8 C.F.R. § 211.2 (a)); see also Rahman, 189 F.”
Barrese v. Ryan, 203 F. Supp. 880 (D. Conn. 1962).
· cites it 3× “36 Plaintiff in the instant case, if “returning to the United States after a temporary absence of not more than six months in Canada”, falls squarely within 8 C.F.R. § 211.2 (c) (1) (1952): “§ 211.2 Immigrants not required to present visas or passports.”
United States v. Rahman, 189 F.3d 88 (2d Cir. 1999).
“8 C.F.R. § 211.2 (a). Moreover, federal regulations prescribe that [a] valid unexpired visa and an unexpired passport .”
Palmieri, 10 I. & N. Dec. 187 (BIA 1963).
“Under the regula- tions (8 CFR 211.2), the setting of the terms and conditions for vol- untary departure is not properly a function of this Board.”
Oseguera, 17 I. & N. Dec. 386 (BIA 1980).
“See 8 C.F.R. 211.2(a) (1959); 22 C.F.R. 42.6(a)(1) (1958); 22 C.”
Holz v. Del Guercio, 259 F.2d 84 (9th Cir. 1958).
“8 C.F.R. § 211.2 (c)(1). Holz had been absent eighteen months.”
Hemblen, 14 I. & N. Dec. 739 (BIA 1974).
“Shader, do you have the administrative file pertaining to the applicant? ' In view of the passport waiver accorded returning residents by 8 CFR 211.2(c), there is no reason to assume that, absent some sort of "lookout" posted at the airport, on arrival at Montreal the applicant…”
B, 9 I. & N. Dec. 211 (BIA 1961).
· cites it 3× “1181(b) ; 8 CFR 211.2(c) (1), 8 CFR 211.2(c) (2), 8 CFR 211.”
Estrada-morena, 11 I. & N. Dec. 249 (BIA 1965).
· cites it 2× “These regu- lations are found in 8 CFR 211.2. The regulation provides among other things that the district director in charge of the port of entry may grant a passport waiver where there is good.”
Canadian Pac. Airlines, 8 I. & N. Dec. 8 (BIA 1957).
“Both lacked documents valid for admission to this country (former 8 CFR 211.2). Both had Alien Registration Receipt Cards, Form I-151, which at the date of applications for admission were not valid reentry documents after a European trip.”
Holz v. Del Guercio, 259 F.2d 84 (9th Cir. 1958).
“8 C.F.R. 211.2(c)(1). Holz had been absent eighteen months.”
— 8 C.F.R. § 211.2(a) — 1 case
Oseguera, 17 I. & N. Dec. 386 (BIA 1980).
“See 8 C.F.R. 211.2(a) (1959); 22 C.F.R. 42.6(a)(1) (1958); 22 C.”
— 8 C.F.R. § 211.2(c) — 2 cases
Hemblen, 14 I. & N. Dec. 739 (BIA 1974).
“Shader, do you have the administrative file pertaining to the applicant? ' In view of the passport waiver accorded returning residents by 8 CFR 211.2(c), there is no reason to assume that, absent some sort of "lookout" posted at the airport, on arrival at Montreal the applicant…”
B, 9 I. & N. Dec. 211 (BIA 1961).
“1181(b) ; 8 CFR 211.2(c) (1), 8 CFR 211.2(c) (2), 8 CFR 211.”
— 8 C.F.R. § 211.2(c)(1) — 1 case
Holz v. Del Guercio, 259 F.2d 84 (9th Cir. 1958).
“8 C.F.R. 211.2(c)(1). Holz had been absent eighteen months.”
— 8 C.F.R. § 211.2(g) — 1 case
Estrada-morena, 11 I. & N. Dec. 249 (BIA 1965).
“These regu- lations are found in 8 CFR 211.2. The regulation provides among other things that the district director in charge of the port of entry may grant a passport waiver where there is good.”
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