List of Subjects in 8 CFR Part 235

Administrative practice and procedure, Aliens, Immigration,

Passports and visas.

Accordingly, the interim rule amending 8 CFR part 235 which was published at 62 FR 47749 on September 11, 1997, is adopted as a final rule with the following changes:

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

1. The authority citation for part 235 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225, 1226, 1227, 1228, 1252; 8 CFR part 2.

2. Section 235.1 is amended by:

a. Revising the third sentence in paragraph (e) introductory text;

b. Revising paragraph (e)(1)(v);

c. Revising paragraph (e)(4); and by

d. Revising paragraph (e)(5)(ii), to read as follows:

§ 235.1 Scope of examination.

* * * * *

(e) * * * Landed immigrants of Canada who do not share a common nationality with nationals of Canada, but who are nationals of a designated country listed in § 217.2(a) of this chapter (Visa Waiver Pilot Program) must be in possession of a valid, unexpired passport issued by his or her country of nationality, and an unexpired multiple entry Form I-94 or I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form, and a valid unexpired United States visa (if the alien is not in possession of a valid unexpired For m I-94W). * * *

(1) * * *

(v) A landed immigrant of Canada who does not have a common nationality with nationals of Canada, but who is a national of a designated country listed in § 217.2(a) of this chapter (Visa Waiver Pilot Program) must also present his or her passport, a valid unexpired multiple entry Form I-94 or I-94W and valid, unexpired nonimmigrant visa if he or she is not in possession of a valid, unexpired multiple entry Form I-94W. Such a landed immigrant of Canada may apply for admission simultaneously with the I-68 a pplication and thereby obtain a Form I-94 or I-94W.

* * * * *

(4) Validity . Form I-68 shall be valid for 1 year from the date of issuance, or until revoked or violated by the Service.

(5) * * *

(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 landed immigrants of Canada and do not have a common nationality with nationals of Canada, but who are nationals of a designated 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.

* * * * *

June 30, 1999 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.