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OI 238.1 Form I-426 agreements.
Violation. If the provisions of paragraph 7 of the Agreement are violated, the transportation line shall be billed for the liquidated damages. An immediate report shall be made to the port of entry, the Investigation section at the place where the alien absconded, and the regional office (Examinations and Investigations) having jurisdiction over the port of entry and place where he absconded. When apprehension, surrender,or verification of departure of a TWOV who absconded takes place, a report sha
ll be made to the district office in control of the investigation so that it can advise in control of the investigation.
The carrier shall be deemed to have substantially complied with the Form I-426 agreement and liquidated damages shall not be assessed under paragraph 7 of the Agreement when the TWOV alien (other than a crewman admitted in TWOV status to join a vessel in the United States) has departed voluntarily within 8 hours after arrival or on the first available transportation thereafter, unless such voluntary departure follows his apprehension by the Service. Liquidated damages shall be assessed when the TWOV a
lien (other than a crewman, as above) has remained in the United States beyond the time for which he was admitted, unless circumstances beyond his control prevented his timely departure and the departure was effected promptly when those circumstances beyond his control prevented his timely departure and the departure was effected promptly when those circumstances no longer prevailed, or the Service had authorized his additional stay. When corresponding with the responsible carrier concerning the nonrece
ipt of a TWOV departure Form I-94, and the assessment of liquidated damages, Form I-427, appropriately executed, shall be utilized.
The carrier shall be deemed to have substantially complied with the Form I-426 agreement and liquidated damages shall not be assessed under paragraph 7 of the the Agreement in the case of a crewman admitted in TWOV status to join a vessel in the United States, if it is established that the crewman did in fact join the vessel of destination within the time limitations of his admission. If the crewman joins his vessel and subsequently absconds before the vessel leaves the United States, the captain, ow
ner,or agent may be fined under the provisions of section
of the Act.
Ports of departure shall deport on Forms G-330 to the control port any deviations from itinerary, tardy departures, or other information which would be of value in determining whether a late departure was unavoidable. Forms G-330 in these instances shall be attached to relating departure Forms I-94. If any other condition of the agreement is violated, an appropriate report shall be submitted to the Associate Commissioner, Examinations, Through the regional office.
Blue page OI 238.1(b)