96-2453. Mexican and Canadian Nonresident Alien Border Crossing Cards  

  • [Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
    [Proposed Rules]
    [Pages 4374-4378]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-2453]
    
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 61, No. 25 / Tuesday, February 6, 1996 / 
    Proposed Rules
    
    [[Page 4374]]
    
    
    DEPARTMENT OF JUSTICE
    
    Immigration and Naturalization Service
    
    8 CFR Parts 212 and 264
    
    [INS No. 1390-92]
    RIN 1115-AD24
    
    
    Mexican and Canadian Nonresident Alien Border Crossing Cards
    
    AGENCY: Immigration and Naturalization Service, Justice.
    
    ACTION: Proposed rule.
    
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    SUMMARY: This rule proposes to amend the Immigration and Naturalization 
    Service (Service) regulations by revising the guidelines to clarify and 
    standardize procedures for the application and issuance of border 
    crossing cards to citizens and residents of Mexico or Canada, or 
    British subjects residing permanently in Canada who wish to enter the 
    United States for business or pleasure. This proposed rule promotes 
    uniformity and clarity in the application requirements, decision-making 
    process, and issuance of entry documents, while enhancing effective and 
    efficient border enforcement within the border crossing card program.
    
    DATES: Written comments must be submitted on or before April 8, 1996.
    
    ADDRESSES: Please submit written comments, in triplicate, to the Policy 
    Directives and Instructions Branch, Immigration and Naturalization 
    Service, 425 I Street, NW., Room 5307, Washington, DC 20536. To ensure 
    proper and timely handling please reference INS No. 1390-92 on your 
    correspondence.
    
    FOR FURTHER INFORMATION CONTACT: Michael T. Jaromin, Assistant Chief 
    Inspector, Inspections Division, Immigration and Naturalization 
    Service, 425 I Street, NW., Room 7228, Washington, DC 20536, Telephone 
    (202) 514-3275.
    
    SUPPLEMENTARY INFORMATION:
    
    Nonresident Alien Mexican Border Crossing Card
    
        The Nonresident Alien Border Crossing Card, Form I-586 (BCC), is a 
    document of identity issued by the Service at land border Ports-of-
    Entry (POEs) along the United States and Mexican border to accommodate 
    Mexican nationals residing in the border area. Prevailing United States 
    statutes and regulations require that Mexican nationals be in 
    possession of valid travel documents to prove identity and nationality 
    when applying for admission to the United States. To meet these 
    requirements, the BCC is issued as a service to eligible Mexican 
    citizens who are residents of Mexico for the purpose of facilitating 
    their entry into the United States. A BCC may be used as the sole entry 
    document by a Mexican citizen seeking to enter the United States for 
    business (B-1) or pleasure (B-2) across a land border, or it may be 
    presented in lieu of a B-1/B-2 nonimmigrant visa by a Mexican citizen 
    seeking to enter the United States as a temporary visitor for business 
    or pleasure at POEs other than land border crossings. A BCC holder 
    entering the United States at a southern land border POE who will 
    remain within 25 miles of the Mexican border for 72 hours or less 
    requires no other immigration documentation. A BCC holder who wishes to 
    remain in the United States for longer than 72 hours, or to travel 
    beyond the 25-mile limit, must request permission. Depending on the 
    circumstances of the request, Form I-444 (Mexican Border Visitors 
    Permit) will be issued, or the person's visit to the United States will 
    be controlled by issuing Service Form I-94. Form I-444 conveys 
    permission to remain in the United States for up to 30 days and to 
    travel anywhere within the states of Arizona, California, Nevada, New 
    Mexico or Texas. Form I-94 is used to authorize entry to the United 
    States beyond these states, or for longer periods of time. A BCC holder 
    must remain a resident of Mexico to be eligible to retain and use the 
    card.
        The service first began issuing the current Form I-586 BCC in 1980. 
    The previous version of the BCC, Nonresident Alien Mexican Border 
    Crossing Card, Form I-186 BCC, is still in circulation and serves the 
    same purpose. A Form I-186 BCC in the possession of the rightful 
    cardholder remains valid until revoked or voided, and may be replaced 
    by Form I-586 BCC if it becomes lost, stolen or mutilated, or if the 
    applicant requests a new card for other reasons, such as a name change. 
    The current Form I-586 has a 10 year validity.
        When the Service originally began issuing BCCs in the early 1950's 
    the BCCs were issued sparingly and with an expiration date. Over the 
    years, an erosion in the original stringent standards for BCC issuance 
    and a lack of uniformity in issuance procedures from one POE to another 
    have resulted in a large expenditure of time and effort in the 
    detection of mala fide applicants and the revocation of BCCs that have 
    been misused or fraudulently obtained. In Fiscal Year 1993, nearly 
    25,000 BCCs were intercepted by the Service after issuance for reasons 
    of fraud, counterfeiting, alteration, use by impostors, and other 
    improper use.
        The lack of uniformity in issuance procedures has been raised 
    periodically over the years. The changes to the Mexican BCC issuance 
    procedures proposed in this rule were recommended at a border crossing 
    card workshop comprised of representatives from Service Headquarters 
    and the Service's Regional Offices, who determined that current 
    regulations should be amended to strengthen and clarify the border 
    crossing card application process. Additional suggestions came from 
    field offices involved in issuance of the BCC.
    
    Requirements and Procedures for Issuance
    
        The documentary evidence necessary for the adjudication of a BCC is 
    similar to that required for a nonimmigrant visa filed at an American 
    Consulate in Mexico. The specific evidentiary requirements may be found 
    at 8 CFR 212.6(b). The purpose of this documentation is to establish 
    that the applicant is a Mexican citizen, has a domicile in Mexico which 
    he or she has no intention of abandoning, and is likely to have 
    adequate funds to pay for all expenses during any proposed visits to 
    the United States. The applicant for a BCC must also meet the 
    definition of a visitor for business or a visitor for pleasure as 
    defined in section 101(a)(15)(B) of the Immigration and 
    
    [[Page 4375]]
    Nationality Act (Act). Section 214(b) of the Act also provides that 
    these conditions be met before issuance of an entry document.
        Currently, the documents accepted and standards used in the 
    issuance of the BCC vary widely in different areas, causing 
    inconsistencies in the ability to obtain the benefit, and frequent 
    interception and revocation of BCCs that have been misused or 
    fraudulently obtained. This rule proposes to clarify the standards for 
    issuance of border crossing cards by providing a list of documentary 
    evidence that the applicant may present to a Service officer to 
    establish residence and economic solvency. The list of evidence is 
    comprehensive enough to allow for flexibility on the part of both the 
    applicant and the adjudicating officer, and includes documents that may 
    be accepted as primary as well as secondary evidence.
        Insufficient personnel resources, seasonal fluctuations in 
    vehicular and pedestrian traffic, and uneven distribution of 
    application workload have all contributed to increased waiting times 
    for appointments, adjudication of applications, and issuance of BCCs. 
    To help alleviate the increased waiting period for BCC applicants, this 
    rule proposes to expedite the process by providing guidelines for 
    issuance of temporary border crossing documents to applicants who have 
    no prior violations and who appear to meet all requirements for 
    issuance.
        The BCC is intended for use by Mexicans living in the immediate 
    border area who are frequent crossers. Because of the disparity in 
    population concentration in Mexican border states, it is difficult to 
    uniformly define the term ``border area'' for purposes of determining 
    who may apply for a BCC at a Port-of-Entry. Currently, some POEs accept 
    applications from residents of area far distant from the border, 
    resulting in overwhelming workload and diversion of staff from the 
    primary function of inspecting vehicular and pedestrian traffic, which 
    is a mandatory, statutory duty that must take precedence over BCC 
    issuance. In attempting to obtain an equitable distribution of 
    workload, neither limiting nor unduly burdening any particular 
    district, the Service conducted a survey of Service districts along the 
    Mexican border for their opinions concerning the distance into Mexico 
    from which to accept applications. Since population distribution varies 
    so greatly, this rule proposes to set a maximum geographical 
    jurisdiction for acceptance of BCC applications by Service districts 
    based upon the corresponding Mexican state boundaries. It also allows 
    some discretion on the part of the district director to account for 
    population concentrations along the border, by permitting further 
    limitation or subdivision within that area. One example of this 
    discretion might be for a district director to limit applications for 
    BCCs to Mexican citizens living within a specified number of miles from 
    the border. Another example might be for the district director to 
    specify which of several Ports-of-Entry will accept applications, 
    according to the place of residence in Mexico.
    
    Canadian Nonresident Alien Border Crossing Card
    
        The Form I-185, Nonresident Alien Canadian Border Crossing Card 
    (CBCC), is an identity document intended to facilitate the entry into 
    the United States of certain Canadian citizens, and British subjects 
    who are lawful permanent residents of Canada. Since the passport and 
    visa requirements are waived by regulation for Canadian citizens and 
    British subjects residing in Canada when crossing the United States-
    Canadian border, the CBCC is generally issued to an eligible applicant 
    who is inadmissible to the United States pursuant to section 212(a) of 
    the Act, and who has been granted a waiver of that inadmissibility 
    pursuant to section 212(d)(3)(B) of the Act. According, the CBCC acts 
    as evidence of a permanent waiver of inadmissibility for the holder of 
    the document, because the CBCC currently is valid until revoked.
        Current regulations relating to the issuance of CBCCs are included 
    in the provisions for issuance of Mexican BCCs. The proposed regulatory 
    language segregates the provisions of issuance of the two documents and 
    separately addresses issues relating to use of the BCC and CBCC, 
    procedures for application, and procedures and grounds for denial. 
    Variances in application procedures are in part made necessary due to 
    differing documentary requirements for entry to the United States for 
    Mexican nationals and Canadian nationals. Additionally, the volume of 
    applications for the BCC far exceeds that of the CBCC. The proposed 
    rule also proposes an expiration date.
        The CBCC has traditionally been used by individuals seeking entry 
    as B-1 or B-2 visitors for business or pleasure. While use of the CBCC 
    for entry is not restricted to these nonimmigrant categories, the 
    proposed language specifically includes entry in any nonimmigrant 
    classification for which a visa is not required. This language will 
    allow the holder of a CBCC to seek entry in all nonimmigrant categories 
    except E (Treaty Trader/Investor) and K (Fiance/Fiancee), and will 
    serve to facilitate the entry of business persons and thereby comport 
    with provisions of the North American Free Trade Agreement (NAFTA).
        The current regulation contains no provision for denial of an 
    application made on Form I-175, Application for Non-Resident Alien's 
    Canadian Border Crossing Card. The proposed rule addresses both the 
    procedural and substantive aspects of denial of Form I-175. No form is 
    currently in use for denial of Form I-175. The proposed rule allows for 
    denial to be made by letter from the district director, thereby 
    precluding the need for distribution of a new form. No appeal from a 
    denial will be available. In cases where a waiver of excludability has 
    been denied, or where the waiver is valid for a restricted number of 
    entries, the proposed rule provides that the Form I-175 application for 
    a CBCC shall also be denied. When restrictions have been placed on the 
    waiver, the district director has the discretion to deny issuance of 
    the CBCC.
        As stated previously, the CBCC is currently valid until revoked or 
    voided. The proposed rule provides for a change in the term of validity 
    of the CBCC and allows for issuance of a card valid for a maximum 
    period of 10 years. Aliens who presently submit Form I-192, Application 
    for Advance Permission to Enter as Nonimmigrant (for advance permission 
    to enter as nonimmigrants) are issued waiver forms valid for 6 months 
    to 1 year. Regulations at 8 CFR 212.4(c) allow for such waivers, if 
    granted in conjunction with issuance of a CBCC, to be valid for the 
    validity period of the border crossing card. The proposed rule will 
    allow for periodic review of the cases of those aliens who have applied 
    for and been granted CBCCs. Limiting the period of validity for the 
    CBCC is consistent with the Service practice of limiting validity of 
    other similar identity documents.
    
    Regulatory Flexibility Act
    
        The Commissioner of the Immigration and Naturalization Service, in 
    accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
    reviewed this regulation and, by approving it, certifies that the rule 
    will not have a significant economic impact on a substantial number of 
    small entities because of the following factors: The BCCs and CBCCs are 
    applied for by individuals, not small entities; and, the rule simply 
    codifies policies and procedures that have been in place for 
    
    [[Page 4376]]
    many years, imposing no additional burden on applicants or small 
    entities.
    
    Executive Order 12866
    
        This rule is not considered by the Department of Justice, 
    Immigration and Naturalization Service, to be a ``significant 
    regulatory action'' under Executive Order 12866, section 3(f), 
    Regulatory Planning and Review, and the Office of Management and Budget 
    has waived its review process under section 6(a)(3)(A).
    
    Executive Order 12612
    
        The regulations proposed herein will not have substantial direct 
    effects on the States, on the relationship between the National 
    Government and the States, or on the distribution of power and 
    responsibilities among the various levels of government. Therefore, in 
    accordance with Executive Order 12612, it is determined that this rule 
    does not have sufficient federalism implications to warrant the 
    preparation of a Federalism Assessment.
    
    Paperwork Reduction Act
    
        The information collection requirements contained in this rule have 
    been cleared by the Office of Management and Budget under the 
    Provisions of the Paperwork Reduction Act. Clearance numbers for these 
    collection are contained in 8 CFR 299.5, Display of Control Numbers.
    
    List of Subjects
    
    8 CFR Part 212
    
        Administrative practice and procedure, Aliens, Immigration, 
    Passports and visas, Reporting and recordkeeping requirements.
    
    8 CFR Part 264
    
        Aliens, Registration and fingerprinting, Reporting and 
    recordkeeping requirements.
    
        Accordingly, chapter I of title 8 of the Code of Federal 
    Regulations is proposed to be amended as follows:
    
    PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
    ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
    
        1. The authority citation for part 212 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 
    1226, 1227, 1228, 1252; and 8 CFR part 2.
    
        2. Section 212.6 is amended by:
        a. Revising paragraphs (a) and (b);
        b. Removing paragraphs (c) and (f); and by
        c. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d) 
    respectively, to read as follows:
    
    
    Sec. 212.6  Nonresident alien border crossing cards.
    
        (a) Mexican. (1) Use of Nonresident Alien Border Crossing Cards. 
    The rightful holder of a Nonresident Alien Mexican Border Crossing 
    Card, Form I-186, or Nonresident Alien Border Crossing Card, Form I-
    586, applying for admission from contiguous territory as a visitor for 
    business or as a visitor for pleasure, may be admitted under 
    Sec. 235.1(f) and (g) of this chapter if found otherwise admissible. 
    Persons in possession of Form I-186 may continue its use because it 
    serves the same purpose as the Form I-586, which is the card currently 
    issued. The Form I-186 remains valid until revoked or voided, and may 
    be replaced by Form I-586 if it becomes lost, stolen or mutilated, or 
    if the applicant requests a new card. An alien in possession of Form I-
    186 or Form I-586 seeking entry as a visitor for business or pleasure 
    must also present a valid passport and shall be issued Form I-94 if the 
    alien is applying for admission from:
        (i) A country other than Mexico or Canada, or
        (ii) Canada if the alien has been in a country other than the 
    United states or Canada since leaving Mexico.
        (2) Application. A citizen of Mexico must apply for a nonresident 
    border crossing card on Form I-190, Application for Nonresident Alien 
    Mexican Border Crossing Card. To be considered a complete application, 
    the Form I-190, Application must be accompanied by:
        (i) Evidence of Mexican citizenship in the form of a valid, 
    unexpired Mexican international passport or a valid Mexican Form 13;
        (ii) Three color photographs with a white or off-white background. 
    The photographs must be glossy or matte finish, unretouched, and not 
    mounted. The dimensions of the facial image must be approximately 1 
    inch from the chin to the top of the hair and from the left cheek to 
    the right ear, and the applicant must be shown in a \3/4\ frontal view 
    showing the right side of the face with both the right ear and left eye 
    visible; and,
        (iii) Proof that the applicant has a foreign residence abroad which 
    he or she has no intention of abandoning. Proof includes but is not 
    limited to evidence of economic solvency and established residence in 
    Mexico for a minimum period of the past 6 months immediately prior to 
    the date of the applicant's interview.
        (A) Primary evidence of employment or economic solvency. Evidence 
    of employment or economic solvency may consist of but is not limited 
    to: pay checks, salary stubs, or an original pay receipt list (no 
    photocopies) where the employee signed for salary for a minimum period 
    of the last 6 months, or evidence of business ownership and current 
    local government business licenses, and local, state, and Federal tax 
    receipts for the current year. An applicant who is not self-supporting 
    must be accompanied at the time of applicant's interview by the person 
    providing support, or the applicant must provide sufficient documentary 
    proof of support, as previously described, on behalf of the person 
    providing support. In cases where an applicant claims to be married to 
    the person providing support, his or her marriage certificate must be 
    presented.
        (B) Secondary evidence of economic solvency (to overcome 
    deficiencies in primary evidence). Evidence may consist of but is not 
    limited to: current bank statements or transactions showing continuous 
    solvency for a minimum period of the last 6 months immediately prior to 
    the date of interview, or if the applicant is a member of the Mexican 
    Social Security Health Plan, the most recent payment receipt and/or 
    recent identification showing current membership, showing economic 
    solvency.
        (C) Primary evidence of residence abroad. If an applicant is 
    renting his or her residence, evidence may consist of but is not 
    limited to: rent receipts, utility receipts, or a rental agreement 
    bearing the applicant's name. If an applicant is the property owner of 
    his or her residence, evidence may consist of the residential property 
    deed, utility receipts for the claimed place of residence bearing the 
    applicant's name, or current property tax receipts. When an applicant 
    resides with relatives, the officer may accept evidence of residence in 
    the relative's name if the residential relationship is established to 
    the satisfaction of the adjudicating officer.
        (d) Other forms of secondary evidence of residence abroad which may 
    be accepted. Evidence may consist of but is not limited to: a manifest 
    of acreage farmed signed by the Secretary of Agriculture with an 
    official seal from the local government, a letter from the Municipal 
    Inspector of Cattle stating the size of an applicant's herd and/or 
    evidence of brand registration, identification card indicating 
    applicant is a cattle rancher or farmer, bookkeeping records, 
    postmarked correspondence, and, if a student, school records. If 
    applying for a border 
    
    [[Page 4377]]
    crossing card during the summer vacation, a student's previous school 
    year documents and evidence of intention to enroll for the following 
    school year are required.
        (3) Submission of Form I-190. (i) Form I-190, Application for Non-
    Resident Alien's Mexican Border Crossing Card, shall be properly 
    completed and submitted in accordance with Sec. 212.6(a)(3)(ii) of this 
    part to an immigration officer at a southern land border Port-of-Entry.
        (ii) Only residents of the border states in Mexico are eligible to 
    file Form I-190 with an immigration officer at a southern land border 
    Port-of-Entry. District directors may also, at their discretion, 
    further subdivide their area of jurisdiction among specific Port-of-
    Entry within a district, or further limit the area from which Mexican 
    residents may apply. These limitations may include, but are not 
    restricted to, accepting applications only from residents of a specific 
    municipality with a Mexican border state, or from Mexican nationals 
    residing within a specific distance from the border. The maximum 
    geographical jurisdiction for acceptance of applications for a border 
    crossing card at a Port-of-Entry shall be divided as follows:
        (A) The San Diego District may only accept applications from 
    residents of the State of Baja California;
        (B) The Phoenix District may only accept applications from 
    residents of the State of Sonora;
        (C) The El Paso District may only accept applications from 
    residents of the State of Chihuahua;
        (D) The San Antonio District may only accept applications from 
    residents of the States of Coahuila, Nuevo Leon, and the city of Nuevo 
    Laredo;
        (E) The Harlingen District may only accept applications from 
    residents of the States of Nuevo Leon and Tamaulipas.
        (iii) An applicant who does not reside within this designated 
    border area in Mexico must apply to the American consulate having 
    jurisdiction over his or her place of residence for a nonimmigrant visa 
    or Border Crossing Card.
        (4) Interview. Each applicant, regardless of age, must appear in 
    person for an interview concerning eligibility for a nonresident alien 
    border crossing card. However, the district director may waive the 
    interview requirement for children under 6 years of age where the 
    parent(s) or legal guardian(s) have a Border Crossing Card.
        (5) Denial of Form I-190. If the applicant cannot demonstrate that 
    he or she has a foreign residence which he or she has no intention of 
    abandoning, his or her application for a border crossing card shall be 
    denied. If the application is denied, the applicant shall be given a 
    written notice of denial and the reasons for the denial. There is no 
    appeal form the denial of the Form I-586. The applicant is not 
    precluded form filing a new application, however, the applicant may not 
    submit a subsequent application for a border crossing card to the 
    Service for at least 180 days.
        (6) Issuance of temporary card. Prior to the interview with an 
    applicant, the Service will complete appropriate database inquiries for 
    each applicant over the age of 14. Following adjudication by an 
    immigration officer, if the application is approved, a temporary 
    document shall be issued using the third copy of the Form I-190. A 
    photo of the applicant shall be affixed to the temporary document, with 
    the admission stamp partially covering the photo. A scheduled date for 
    pick up of the Form I-586 BCC shall also be stamped on the form. The 
    temporary document shall be issued for a specified period of time in 
    increments to be determined by the district director, based on the 
    current timeframe needed for card production and mailing from the 
    Immigration Card Facility. However, the district director may decline 
    to issue a temporary document if the timeframe for card production and 
    mailing from the Immigration Card Facility is 30 calendar days or less.
        (7) Validity. The Form I-586 BCC shall be valid for 10 years from 
    the date of issuance or until revoked or voided by the service. 
    Notwithstanding any expiration date which may appear thereon, Form I-
    186 BCC is valid until revoked or voided. Any Form I-186 BCC or Form I-
    586 BCC issued to a minor child must be surrendered within 30 days of 
    the child attaining the age of 14 years, and a new Form I-586 BCC may 
    be issued bearing the holder's signature and fingerprint upon 
    submission of a new Form I-190, without fee, and evidence of continued 
    eligibility.
        (b) Canadian. (1) Use of Nonresident Alien Canadian Border Crossing 
    Card, Form I-185. Any Canadian citizen or lawful permanent resident 
    (landed immigrant) of Canada having a common nationality with nationals 
    of Canada, may use Form I-185 CBCC for entry at a United States Port-
    of-Entry. Entry may be made in any nonimmigrant classification which 
    does not require prior issuance of a visa pursuant to Sec. 212.1.
        (2) Application. A citizen of Canada or a lawful permanent resident 
    of Canada having a common nationality with nationals of Canada must 
    apply for a non-resident alien border crossing card on Form I-175, 
    Application for Nonresident Alien's Canadian Border Crossing Card, in 
    duplicate. To be considered a complete application, the Form I-175 must 
    be accompanied by the following:
        (i) Evidence of Canadian citizenship, or if a permanent resident of 
    Canada, evidence of valid landed immigrant status and evidence of 
    having common nationality with nationals of Canada;
        (ii) Proof that the applicant has a foreign residence abroad which 
    he or she has no intention of abandoning;
        (iii) Three color photographs with a white or off-white background. 
    the photographs must be glossy or matte finish, unretouched, and not 
    mounted The dimensions of the facial image must be approximately 1 inch 
    from the chin to the top of the hair and from the left cheek to the 
    right ear, and the applicant must be shown in a \3/4\ frontal view 
    showing the right side of the face with both the right ear and left eye 
    visible; and,
        (iv) A fee as prescribed in Sec. 103.7(b)(1) of this chapter.
        (v) Additionally, those applicants who are seeking issuance of Form 
    I-185 to function as a waiver of inadmissibility shall submit, in 
    conjunction with Form I-175, a completed Form I-192, Application for 
    Advance Permission to Enter as a Nonimmigrant, and all required 
    documentation pursuant to Sec. 212.4 of this chapter.
        (3) Submission of Form I-175. Form I-175 shall be properly 
    completed and submitted to an immigration officer at a Canadian border 
    Port-of-Entry located within the district having jurisdiction over the 
    applicant's residence or intended Port-of-Entry.
        (4) Denial of Form I-175. In the case of an applicant seeking a 
    waiver of inadmissibility, Form I-175 shall be denied in each case in 
    which the accompanying Form I-192 is denied. In the case of an 
    applicant for whom a Form I-192 has been approved for a restricted 
    number of entries, Form I-175 shall be denied. In the case of an 
    applicant for whom a Form I-192 has been approved for multiple entries, 
    Form I-175 may be denied at the discretion of the district director if 
    the waiver is the first such waiver granted to the applicant, or if the 
    waiver order contains any restrictions or limitations on the alien's 
    entry. If the Form I-175 application is denied, the applicant shall be 
    given written notice of and the reasons for the denial by letter form 
    the district director. There is no appeal from the denial of Form I-
    175, but the denial is without prejudice to a subsequent 
    
    [[Page 4378]]
    application for admission to the United States. The applicant is not 
    precluded from filing a new application, however, the applicant may not 
    submit a subsequent application for a border crossing card to the 
    Service for at least 180 days.
        (5) Issuance of Form I-185. Following approval of Form I-175, each 
    applicant is required to appear in person for issuance of Form I-185, 
    Nonresident Alien Canadian Border Crossing Card.
        (6) Validity. Form I-185 shall be valid for 10 years from date of 
    issuance, or until revoked or voided.
    * * * * *
    
    PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED 
    STATES
    
        3. The authority citation for part 264 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
    
        4. In Sec. 264.1, paragraph (b) is amended by adding in proper 
    numerical sequence the entry for Form ``I-586'', to read as follows:
    
    
    Sec. 264.1   Registration and fingerprinting.
    
    * * * * *
        (b) * * *
    * * * * *
    I-586, Nonresident Alien Border Crossing Card--Citizens of Mexico 
    residing in Mexico.
    * * * * *
        5. Section 264.4 is revised to read as follows:
    
    
    Sec. 264.4   Application to replace a Nonresident Alien Border Crossing 
    Card.
    
        Pursuant to Sec. 212.6(d) of this chapter, an application for a 
    replacement Nonresident Alien Canadian Border Crossing Card must be 
    filed on Form I-175, and an application for a replacement Nonresident 
    Alien Border Crossing Card for Mexican citizens must be filed on Form 
    I-190. A fee for the filing of either Form I-175 or Form I-190, as 
    prescribed in Sec. 103.7(b) of this chapter, must be submitted at the 
    time of application.
    
        Dated: December 10, 1995.
    Doris Meissner,
    Commissioner, Immigration and Naturalization Service.
    [FR Doc. 96-2453 Filed 2-5-96; 8:45 am]
    BILLING CODE 4410-10-M
    
    

Document Information

Published:
02/06/1996
Department:
Immigration and Naturalization Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-2453
Dates:
Written comments must be submitted on or before April 8, 1996.
Pages:
4374-4378 (5 pages)
Docket Numbers:
INS No. 1390-92
RINs:
1115-AD24: Mexican and Canadian Nonresident Alien Border Crossing Cards (BCCs)
RIN Links:
https://www.federalregister.gov/regulations/1115-AD24/mexican-and-canadian-nonresident-alien-border-crossing-cards-bccs-
PDF File:
96-2453.pdf
CFR: (4)
8 CFR 235.1(f)
8 CFR 212.6
8 CFR 264.1
8 CFR 264.4