PART 1208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

16. All sections in part 208 are duplicated in part 1208, as set out in the following table:

16a. The authority citation for newly duplicated part 1208 continues to read as follows:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

Chapter I, Subchapter B

PART 209--[DUPLICATED AS PART 1209]

Chapter V, Subchapter B

PART 1209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

17. All sections in part 209 are duplicated in part 1209, as set out in the following table:

17a. The authority citation for newly designated part 1209 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR part 2.

PART 211--[DUPLICATED IN PART AS PART 1211]

Chapter V, Subchapter B

PART 1211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS

18. Section 211.4 is duplicated in part 1211, as section 1211.4.

18a. The authority citation for newly designated part 1211 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR part 2.

PART 212--[DUPLICATED AS PART 1212]

Chapter V, Subchapter B

PART 1212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

19. All sections in part 212 are duplicated in part 1212, as set out in the following table:

19a. The authority citation for newly designated part 1212 continues to read as follows:

Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1225, 1226, 1227, 1228; 8 CFR part 2.

Chapter V, Subchapter B

20. Add part 1214 to chapter V to read as follows:

PART 1214--REVIEW OF NONIMMIGRANT CLASSES

Sec.

1214.1 Review of requirements for admission, extension, and maintenance of status.

1214.2 Review of alien victims of severe forms of trafficking in persons; aliens in pending immigration proceedings.

1214.3 Certain spouses and children of lawful permanent residents; aliens in proceedings; V visas.

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; § 643, Pub. L. 104-208, 110 Stat. 3009-708; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and 1931 note, respectively; 8 CFR part 2.

§ 1214.1 Review of requirements for admission, extension, and maintenance of status.

Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States, shall establish that he or she is admissible to the United States, or that any ground of inadmissibility has been waived under section 212(d)(3) of the Act. Upon application for admission, the alien shall present a valid passport and valid visa unless either or both documents have been waived. However, an alien applying for extension of stay shall present a passport only if requested to do so by the Service . The passport of an alien applying for admission shall be valid for a minimum of six months from the expiration date of the contemplated period of stay, unless otherwise provided in this chapter, and the alien shall agree to abide by the terms and conditions of his or her admission. The passport of an alien applying for extension of stay shall be valid at the time of application for extension, unless otherwise provided in this chapter, and the alien shall agree to maintain the validity of his or her passpo rt and to abide by all the terms and conditions of his extension. The alien shall also agree to depart the United States at the expiration of his or her authorized period of admission or extension, or upon abandonment of his or her authorized nonimmigrant status. At the time a nonimmigrant alien applies for admission or extension of stay he or she shall post a bond on Form I-352 in the sum of not less than $500, to insure the maintenance of his or her nonimmigrant status and departure from the United States , if required to do so by the director, immigration judge or Board of Immigration Appeals.

§ 1214.2 Review of alien victims of severe forms of trafficking in persons; aliens in pending immigration proceedings.

(a) Applications for T visas while in proceedings . Individuals who believe they are victims of severe forms of trafficking in persons and who are in pending immigration proceedings must inform the Service if they intend to apply for T nonimmigrant status under this section. With the concurrence of Service counsel, a victim of a severe form of trafficking in persons in proceedings before an immigration judge or the Board of Immigration Appeals may request that the proceedings be administratively closed (or that a motion to reopen or motion to reconsider be indefinitely continued) in order to allow the alien to pursue an application for T nonimmigrant status with the Service. If the alien appears eligible for T nonimmigrant status, the immigration judge or the Board, whichever has jurisdiction, may grant such a request to administratively close the proceeding or continue a motion to reopen or motion to reconsider indefinitely. In the event the Service finds an alien ineligible for T-1 nonimmigrant status, the Service may recommence proceedings that have been administratively closed by filing a motion to re-calendar with the immigration court or a motion to reinstate with the Board. If the alien is in Service custody pending the completion of immigration proceedings, the Service may continue to detain the alien until a decision has been rendered on the application. An alien who is in custody and requests bond or a bond redetermination will be governed by the provisions of part 236 of this chapter.

(b) Stay of final order of exclusion, deportation, or removal. A determination by the Service that an application for T-1 nonimmigrant status is bona fide automatically stays the execution of any final order of exclusion, deportation, or removal. This stay shall remain in effect until there is a final decision on the T application. The filing of an application for T nonimmigrant status does not stay the execution of a final order unless the Service has determined that the application is bona fide. Neither a n immigration judge nor the Board of Immigration Appeals has jurisdiction to adjudicate an application for a stay of execution, deportation, or removal order, on the basis of the filing of an application for T nonimmigrant status.

§ 1214.3 Certain spouses and children of lawful permanent residents; aliens in proceedings; V visas.

An alien who is already in immigration proceedings and believes that he or she may have become eligible to apply for V nonimmigrant status should request before the immigration judge or the Board of Immigration Appeals, as appropriate, that the proceedings be administratively closed (or before the Board that a previously-filed motion for reopening or reconsideration be indefinitely continued) in order to allow the alien to pursue an application for V nonimmigrant status with the Service. If the alien appear s eligible for V nonimmigrant status, the immigration judge or the Board, whichever has jurisdiction, shall administratively close the proceeding or continue the motion indefinitely. In the event that the Service finds an alien eligible for V nonimmigrant status, the Service can adjudicate the change of status under this section. In the event that the Service finds an alien ineligible for V nonimmigrant status, the Service shall recommence proceedings by filing a motion to re-calendar.

Chapter I, Subchapter B

PART 215--[DUPLICATED AS PART 1215]

Chapter V, Subchapter B

PART 1215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES

21. All sections in part 215 are duplicated in part 1215, as set out in the following table:

21a. The authority citation for newly designated part 1215 continues to read as follows:

Authority: Sec. 104, 66 Stat. 174, Proc. 3004, 18 FR 489; 8 U.S.C. 1104, 3 CFR, 1953 Supp. Interpret or apply § 215, 66 Stat. 190; (8 U.S.C. 1185).

Chapter I, Subchapter B

PART 216--[DUPLICATED AS PART 1216]

Chapter V, Subchapter B

PART 1216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

22. All sections in part 216 are duplicated in part 1216, as set out in the following table:

22a. The authority citation for newly designated part 1216 is revised to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8 CFR part 2.

Chapter I, Subchapter B

PART 235--[DUPLICATED IN PART AS PART 1235]

Chapter V, Subchapter B

PART 1235--INSPECTION OF PERSONS APPLYING FOR PERMISSION

23. The following sections in part 235 are duplicated in part 1235, as set out in the following table:

23a. The authority citation for newly designated part 1235 continues to read as follows:

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

Chapter I, Subchapter B

PART 236--[DUPLICATED AS PART 1236]

Chapter V, Subchapter B

PART 1236--APPREHENSION AND DETENTION OF INADMISSABLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

24. All sections in part 236, Subpart A, are duplicated in part 1236, as set out in the following table:

24a. The authority citation for newly designated part 1236 continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

Chapter I, Subchapter B

PART 238--[DUPLICATED AS PART 1238]

Chapter V, Subchapter B

PART 1238--EXPEDITED REMOVAL OF AGGRAVATED FELONS

25. Section 238.1 is duplicated in part 1238, as § 1238.1.

25a. The authority citation for newly designated part 1238 continues to read as follows:

Authority: 8 U.S.C. 1228; 8 CFR part 2.

Chapter I, Subchapter B

PART 239--[DUPLICATED AS PART 1239]

Chapter V, Subchapter B

PART 1239--INITIATION OF REMOVAL PROCEEDINGS

26. All sections in part 239 are duplicated in part 1239, as set out in the following table:

26a. The authority citation for newly designated part 1239 continues to read as follows:

Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.

Chapter I, Subchapter B

PART 240--[REDESIGNATED IN PART AS PART 1240]

Chapter V, Subchapter B

PART 1240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES

27. Transfer the following sections of 8 CFR part 240 from chapter I, subchapter B, to chapter V, subchapter B, and designate as 8 CFR part 1240, as set out in the following table:

28a. The authority citation for newly redesignated part 1240 continues to read as follows:

Authority: 8 U.S.C. 1103; 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); § 902, Pub. L. 105-277 (112 Stat. 2681); 8 CFR part 2.

Chapter I, Subchapter B

PART 241--[DUPLICATED AS PART 1241]

Chapter V, Subchapter B

PART 1241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED

29. All sections in part 241 are duplicated in part 1241, as set out in the following table:

29a. The authority citation for newly designated part 1241 continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 1224, 1225, 1226, 1227, 1231, 1251, 1253, 1255, 1330, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

Chapter I, Subchapter B

PART 244--[DUPLICATED AS PART 1244]

Chapter V, Subchapter B

PART 1244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

30. All sections in part 244 are duplicated in part 1244, as set out in the following table:

30a. The authority citation for newly designated part 1244 continues to read as follows:

Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.

Chapter I, Subchapter B

PART 245--[DUPLICATED AS PART 1245]

Chapter V, Subchapter B