[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40064-40069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19303]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 103, 212, 217, 235, 264, 286
[INS No. 1603-93]
RIN 1115-AD30
Charging of Fees for Services at Land Border Ports-of-Entry
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule amends the regulations to allow the Immigration
[[Page 40065]]
and Naturalization Service (the Service) to charge a fee for the
processing and issuance of specified documents at land border Ports-of-
Entry (POEs). The fees are necessary to cover the costs of providing
these services which benefit certain applicants at land border POEs.
The revenue generated by the collection of fees for these application-
processing services will enable the Service to improve service to the
public at land border POEs.
EFFECTIVE DATE: October 9, 1995.
FOR FURTHER INFORMATION CONTACT:
Marie De Soto, Assistant Chief Inspector, Inspections Division,
Immigration and Naturalization Service, 425 I Street NW., Room 7228,
Washington, DC 20536, telephone (202) 514-1798.
SUPPLEMENTARY INFORMATION:
General
The Service published a proposed rule on April 12, 1994, at 59 FR
17283, to amend the regulations to allow the Service to charge a fee
for processing and issuing specified documents at land border Ports-or-
Entry (POEs). Consistent with 31 U.S.C. 9701 and OMB Circular A-25,
User Charges, the proposed rule identified application services that
currently are provided free-of-charge and for which it would be
appropriate to impose a fee. The services identified are tasks commonly
performed in secondary inspection such as examining documents,
conducting record checks, and interviewing applicants in order to issue
permits for extended stays in the United States. In addition, the
services provides to applicants-for-admission at POEs, border crossing
cards and boating permits; documents that may require extensive
interviews, record checks, document production, and other time-
consuming paperwork. Specifically, the proposed rule included fees for
the processing of Form I-94, Arrival/Departure Record; Form I-94W,
Nonimmigrant Visa Waiver Arrival/Departure Form; Form I-444, Mexican
Border Visitors Permit; Form I-68, Canadian Border Boat Landing Permit;
Form I-175, Application for Nonresident Alien Canadian Border Crossing
Card for issuance of Form I-185, Nonresident Alien Canadian Border
Crossing Card (CBCC); and Form I-190, Application for Nonresident Alien
Mexican Border Crossing Card, to replace a lost, stolen, or mutilated
Nonresident Alien Border Crossing Card (BCC), Form I-586.
All interested parties were invited to submit comments on the
proposed rule by June 13, 1994. The Service received 22 comments and
considered each of the comments in preparing the final rule. Commenters
included private individuals, Chambers of Commerce, local government
representatives, small business owners, members of Congress, and
Service employees. Since most discussed several issues, the total
number of comments exceeds the number of persons who commented.
Discussion of Comments
Support for Fees
Eight of the commenters expressed general support for fees for
services, with recommendations that the revenues be used to address the
illegal immigration problem in the United States. The fees were set to
recover only the costs associated with providing the document-
processing services and related benefits to certain land border
crossing applicants. The revenues generated by these fees are to be
used for the purpose of funding the costs incurred to provide these
application processing services. It is anticipated that the
implementation of the fees-for-services charge will enable the Service
to improve inspection services at the land border. Once the fee
revenues are available, appropriated resources formerly allocated to
fund these document-processing services may be redirected to augment
staffing of vehicle and pedestrian traffic lanes at land border Ports-
of-Entry. The resulting benefit would be improved facilitation of
traffic through the POEs.
One commenter proposed that in addition to charging for the Form I-
190 to replace a lost, stolen, or mutilated Form I-586, a $4.00 fee be
imposed for a temporary border crossing card pending issuance of the
Form I-586. Another commenter suggested that the fee for the Form I-68
should be higher and that a $25.00 charge was more appropriate and
comparable with a Canadian fee for inspecting United States boats.
While the Service recognizes the concerns of the commenters, any
additional fees beyond those that were in the proposed rule would have
to be the subject of a separate rule. Increasing the fee for the Form
I-68 from $16.00 to $25.00 would not be consistent with Federal user
fee statutes and regulations which require that the fee be set to
recover the full costs of providing the services. A cost analysis of
the services provided, including the indirect costs associated with
these services, resulted in the fees, as established. The Service will
conduct periodic reviews of the fees, changes to issuance procedures,
and methods used in determining fees and, when warranted, adjustments
to the fees will be made.
Justification for Fees
Two commenters suggested that the Government should be required to
provide service to the public, and that to charge individuals for that
service is not necessary or warranted. On the contrary, the Federal
user fee statute (31 U.S.C. 9701) and regulations require that
recipients of special benefits bear the costs of providing those
services. The Office of Management and Budget (OMB) Circular A-25, User
Charges, states as a general policy that reasonable charges should be
imposed to recover the full cost to the Federal Government of rendering
such services. In July 1993, the Office of the Inspector General
completed an audit of services performed and special benefits provided
by the Service. This audit disclosed a number of services currently
being provided free-of-charge by the Service for which it would be
appropriate to impose a fee including the Canadian Border Boat Landing
Permit, Form I-68, and applications for Border Crossing Cards, Forms I-
190 and I-175. The audit concluded that the Service was not in
compliance with OMB directives with regard to these services, and that
failure to collect fees for services resulted in the cost being paid by
the general public out of the general fund appropriation. In an effort
to comply with federal directives, the Service determined which
services and benefits are currently provided without charge to certain
beneficiaries and for which it would be appropriate to impose a fee,
culminating in this rule.
Two commenters, objecting to the fee for Form I-68, stated that, if
boaters refuse to obtain Form I-68 because of the fee, the Service will
be forced to provide additional personnel and facilities where none
exist to inspect boaters upon arrival in the United States. However,
pursuant to 8 CFR 100.4, persons entering the United States may only
present themselves to an immigration officer at those ports designated
as Class A Ports-of-Entry at a time when the port is open for
inspection.
The I-68 provision is the only exception to this reporting
requirement. The provision extends to boaters the opportunity of
recreational boating without reporting for inspection during each
outing. A boater who refuses to obtain Form I-68 is otherwise required
to expend the time, expense, and effort to report to an open, staffed
POE.
The I-68 is clearly a specific benefit that the Service provides to
an identifiable recipient, as defined by
[[Page 40066]]
Federal user fee statute and OMB Circular A-25, User Charges. It is a
benefit for which the Service is required to charge a fee. However,
participation in the I-68 program is voluntary.
Each boating season, in order to make this benefit easily
available, inspectors travel to boat shows, marinas, and other
gatherings to issue the Form I-68. The Service's districts mount
publicity campaigns to educate boaters about these requirements. The
purpose of the Form I-68 fee is to recover the costs of providing these
services and this special benefit to boaters, since funding is
insufficient for additional personnel and new facilities, and there are
no other resources available to support port expansion.
Use of Revenues
One commenter expressed concern that there was no guarantee that
the money generated from these collections would be applied to efforts
to deal with illegal immigration. The Service recognizes the concern of
the commenter; however, consistent with the mission of the Service,
inspectors at POEs have a very important dual role: that of
facilitating the entry of bona fide applicants-for-admission, and that
of enforcing the immigration laws by detecting inadmissible applicants
and those attempting entry by fraud. The Service will use the revenue
generated from the fees contained in this rule to fund the costs
incurred to improve the secondary application-processing services
provided at land border POEs. Consequently, the Service intends to
devote appropriated resources formerly expended for secondary
application-processing services to staffing of vehicle and pedestrian
traffic lanes at land border Ports-of-Entry. This overall increase in
resources will allow the Service to better meet its mission of
facilitating the entry of bona fide applicants-for-admission, providing
better service to the traveling public at land border POEs, and
enforcing the immigration laws by detecting inadmissible applicants and
those attempting entry fraud.
Another commenter stated that the income should return to the port
where it was generated. The fees have been set, to recover not only
costs incurred directly at ports, but also costs--both direct and
indirect--incurred by the Service for services provided to applicants-
for-admission at land border POEs in connection with the six
application forms described in this rule. Among the costs identified
are a portion of the salaries and expenses of the port inspectors, the
cost of training the inspectors, data processing, production of forms
and documents, safeguarding and accounting for the fees collected, and
performing record and background checks. Consequently, the fees
collected pursuant to this rule are to be used to offset the cost to
all Service components, including ports, of providing these
application-processing service at all land border POEs. The Service has
developed a comprehensive staffing model geared to the unique
requirements of land border facilities which incorporates data from
each land border POE on vehicle and pedestrian traffic, projected
growth, facility expansion, and other items affecting inspection
service. Using the model, the Service will be able to properly allocate
resources.
Northern and Southern Border Disparities
One commenter wondered why fees are only being charged to those who
cross the United States-Mexico border, and not to those who cross from
Canada or travel by air from other countries. The fees described in
this rule affect land border crossers at both the northern and southern
borders. Two of the six forms for which fees are charged, the Form I-94
and the Form I-94W, are alien control documents issued to nonimmigrant
aliens of any nationality who seek admission to the United States at
either the northern or southern border. Fees for the two border
crossing documents are the Form I-190, Application for Nonresident
Alien Mexican Border Crossing Card, and the Form I-175, Application for
Nonresident Alien Canadian Border Crossing Card. The remaining two fees
are for the issuance of permits which, in the case of the Form I-444,
Mexican Border Visitors Permit, is beneficial only to Mexican
nationals, and in the case of the Form I-68, Canadian Border Boat
Landing Permit, benefits Canadians, United States citizens, and other
qualified applicants. This rule applies only to land border crossers;
however, air travelers arriving at air POEs currently pay a fee.
Two commenters questioned the inequity of requiring the issuance of
BCCs for Mexican nationals but not for Canadians. The differences in
documentary requirements between Mexican and Canadian nationals are
complex, far-reaching, and beyond the scope of this rule. Generally,
nonimmigrant visa requirements imposed upon aliens of certain countries
are based on treaties and the corresponding regulations of both the
Department of State and the Service. Under the existing provisions,
Canadian nationals are, for most nonimmigrant categories, visa-exempt
while Mexican nationals are not exempt. A BCC is an acceptable form of
documentation, but it is not a required document. When entering the
United States across a land border, the BCC generally provides a
greater convenience to the holder than a regular nonimmigrant visa
because a passport is not necessary. The issuance of BCC's is a benefit
that the Service elects to provide to nonimmigrants who routinely cross
the border. The Form I-586, Nonresident Alien Mexican Border Crossing
Card, offers the same privileges as the nonimmigrant visa for a Mexican
national seeking entry as a visitor for business (B-1) or pleasure (B-
2). Alternatively, a Mexican national may apply, without charge, to an
American Consulate in Mexico for a nonimmigrant visa.
Four commenters stated that implementation of a fee for Form I-68
will have an adverse impact on relations with our Canadian neighbors;
however, none of the commenters explained in exactly what way this
would interfere with good relations. Since the Canadian Government also
plans to implement fees for many of the services it provides, an
element of reciprocity exists, and there is no clear, disparate
treatment on either side of the border.
Economic Impact of Fees
One commenter stated that user fees are inconsistent with the
intent of the North American Free-Trade Agreement (NAFTA) to eliminate
barriers to trade, and two commenters stated that fees would have a
negative impact on the economies of the communities along the southern
border. Facilitation of travel between NAFTA countries is of great
concern to the Service. Traffic congestion at POEs, where vehicles
sometimes wait hours to cross the border, costs local economies
tremendous amounts of revenue in lost time and productivity, as well as
severely impacting the environment. One way that this congestion can be
alleviated is though additional personnel and the implementation of
automated technology to expedite the services provided. Individuals
traveling within 25 miles of the southern border area for short periods
of time will not be affected by the fees. Only those traveling more
than 25 miles or staying for longer than 72 hours will require issuance
of an entry permit and payment of a fee. The revenues collected will
allow the Service to recover the costs for providing the services.
Article 1603.4 of the NAFTA states that each party shall limit any fees
for processing applications for temporary entry of business persons to
[[Page 40067]]
the approximate costs of services rendered. Therefore, the Service
believes that these fees are not inconsistent with the terms of the
NAFTA.
Three commenters felt that imposition of a fee for Form I-68 would
cause economic hardship to the communities along the United States/
Canada border. The Service does not agree with the comment and believes
that the annual fee is nominal for the benefit that is derived. The
Service is required to recover the costs of providing this benefit
inasmuch as the Federal user fee statute and regulations require that
recipients of special benefits bear the costs associated with providing
the specific services. The Service does not expect the fee to
significantly deter boaters from obtaining a permit so they may land
and enjoy the amenities offered in nearby communities.
Reasonableness of Fee
Two commenters stated that the fee for Form I-68 will impose an
economic burden on the individuals requiring the form, who already pay
many other taxes and fees, and one commenter felt the fee was
unreasonable. The fees included in this rule are not excessive, and are
considerably lower than many similar fees charged by Federal, state,
and local governments for similar services.
Most of the fees, once paid, allow the applicant to avail him or
herself of the benefit for an extended period of time. The CBCC, at
$30, is currently valid indefinitely, and the replacement BCC, at $26,
is valid for 10 years. The Form I-68, at $16, allows entry for 1 year,
and the Form I-94W at $6, is issued for a period of 90 days. The Form
I-94, depending on the nonimmigrant classification under which the
applicant is entering, may be valid for years, with the normal visitor
for pleasure being granted a minimum of 6 months for a fee of $6. The
Form I-444, with a fee of $4, may be issued for a period not to exceed
30 days.
In addition, the Service has adopted a family cap. Formerly, Forms
I-444 and I-68 allowed multiple family members, and unrelated
individuals traveling in a group, to apply on one form. The family cap
essentially allows children the benefit without a fee so as not to
impose an undue burden on families traveling across the southern border
for short periods of time, and on families enjoying recreational
boating along the northern border.
As stated previously, the fees were determined by an analysis of
document-processing services and associated costs, and are calculated
to recover the direct and indirect costs to the Service of providing
these special services and benefits.
One commenter stated that there is no reason for a United States
citizen to pay to obtain Form I-68, since there is no penalty for
failure to report for immigration purposes, and that those who do
obtain Form I-68 do so only to appear to comply with a non-existent
immigration inspection requirement. Although United States citizens are
not subject to the immigration laws, the regulations at 8 CFR 235.1
require that application to enter the United States must be made in
person to an immigration officer at a United States POE at a time when
the port is open for inspection. This section also states that a person
claiming United States citizenship must establish that fact to the
examining immigration officer. That is why United States citizens are
specifically included in the I-68 regulations. While criminal
prosecution, loss of citizenship, or deportation will not apply to a
United States citizen who has not complied with inspection
requirements, the potential inconvenience in establishing that he or
she is not subject to the immigration laws if encountered by Service
enforcement officers may prove to be significant to most law-abiding
boaters and render obtaining the I-68 worthwhile.
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. The fees proposed in this rule, calculated to cover
only the costs of providing the service, are nominal, and will apply
only to individuals, not small entities.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a ``significant regulatory action''
under E.O. 12866, section 3(f), Regulatory Planning and Review.
Although this rule requires user fees, the fees are necessary to
recover the cost to the Federal Government for processing and issuing
specified documents at United States land border Ports-of-Entry for
business and pleasure. Title 31 U.S.C. and OMB Circular A-25 require
that recipients bear the cost of receiving special benefits. As such, a
cost analysis of the INS services provided and associated indirect cost
resulted in the fees established herein, which are consistent with
Federal user fee statutes and regulations and do not exceed the full
cost that may be recovered by the Service.
Executive Order 12612
The regulations adopted 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.
Executive Order 12606
The Commissioner of the Immigration and Naturalization Service
certifies that she has addressed this rule in light of the criteria in
Executive Order 12606 and has determined that it will have no effect on
family well-being.
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
collections(s) are contained in 8 CFR 299.5, Display of Control
Numbers.
List of Subjects
8 CFR Part 103
Administrative practice and procedures, Aliens, Authority
delegation (Government agencies), Fees, Forms.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas.
8 CFR Part 217
Aliens, Passports and visas.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Port-of-entry.
8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
8 CFR Part 286
Fees, Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
[[Page 40068]]
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
2. In Sec. 103.7, paragraph (b)(1) is amended by adding, in proper
numerical sequence, the following forms to the list of forms, to read
as follows:
Sec. 103.7 Fees.
(b) * * *
(1) * * *
Form I-68. For application for issuance of the Canadian Border
Boat Landing Permit under section 235 of the Act--$16.00. The
maximum amount payable by a family (husband, wife, unmarried
children under 21 years of age, parents of either husband or wife)
shall be $32.00.
* * * * *
Form I-94. For issuance of Arrival/Departure Record at a land
border Port-of-Entry--$6.00.
Form I-94W. For issuance of Nonimmigrant Visa Waiver Arrival/
Departure Form at a land border Port-of-Entry under section 217 of
the Act--$6.00.
* * * * *
Form I-175. For issuance of Nonresident Alien Canadian Border
Crossing Card (Form I-185)--$30.00.
Form I-190. For issuance of replacement Nonresident Alien
Mexican Border Crossing Card (Form I-586) in lieu of one lost,
stolen, or mutilated--$26.00.
* * * * *
Form I-444. For issuance of a Mexican Border Visitors Permit
issued in conjunction with presentation of a Mexican Border Crossing
Card or multiple-entry B-1/B-2 nonimmigrant visa to proceed for a
period of more than 72 hours but not more than 30 days and to travel
more than 25 miles from the Mexican border but within the 5-state
area of Arizona, California, Nevada, New Mexico, or Texas--$4.00.
The maximum amount payable by a family (husband, wife, children
under 21 years of age, and parents of either husband or wife) shall
be $8.00.
* * * * *
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
3. The authority citation for part 212 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1225, 1226,
1228, 1252; 8 CFR part 2.
4. Section 212.6 is amended by revising paragraph (e) to read as
follows:
Sec. 212.6 Nonresident alien border crossing cards.
* * * * *
(e) Replacement. If a nonresident alien border crossing card has
been lost, stolen, mutilated, or destroyed, the person to show the card
was issued may apply for a new card as provided for in this section. A
fee as prescribed in Sec. 103.7(b)(1) of this chapter must be submitted
at time of application for the replacement card. The holder of a Form
I-185, I-186, or I-586 which is in poor condition because of improper
production may be issued a new form without submitting fee or
application upon surrendering the original card.
* * * * *
PART 217--VISA WAIVER PILOT PROGRAM
5. The authority citation for part 217 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.
6. Section 217.2 is amended by revising paragraph (c) to read as
follows:
Sec. 217.2 Eligibility.
* * * * *
(c) Applicants arriving at land border Ports-of-Entry. Any
applicant arriving at a land border Port-of-Entry must provide evidence
to the immigration officer of financial solvency and a domicile abroad
to which the applicant intends to return. An applicant arriving at a
land border Port-of-Entry will be charged a fee as prescribed in
Sec. 103.7(b)(1) of this chapter for issuance of Form I-94W,
nonimmigrant Visa Waiver Arrival/Departure Form.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
7. 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, and 1252.
Sec. 235.1 [Amended]
8. In Sec. 235.1, paragraph (e) is amended by revising the phrase
``without application or fee,'' in the first sentence to read: ``upon
application and payment of a fee prescribed under Sec. 103.7(b)(1) of
this chapter,''.
9. In Sec. 235.1, paragraph (f)(1) introductory text, paragraph
(f)(2), and paragraph (g)(1) are revised to read as follows:
Sec. 235.1 Scope of examination.
* * * * *
(f) * * *
(1) Nonimmigrants. Each nonimmigrant alien, except as indicated
below, who is admitted to the United States shall be issued a
completely executed Form I-94 which must be endorsed to show: Date and
place of admission, period of admission, and nonimmigrant
classification. A nonimmigrant alien who will be making frequent
entries into the United States over its land borders may be issued a
Form I-94 which is valid for any number of entries during the validity
of the form. A nonimmigrant alien entering the United States at a land
border Port-of-Entry who is issued Form I-94 will be charged a fee as
prescribed under Sec. 103.7(b)(1) of this chapter. In the case of a
nonimmigrant alien admitted with the classification TN (Trade, North
American Free Trade Agreement (NAFTA)), the specific occupation of such
alien as set forth in Appendix 1603.D.1 of the NAFTA shall be recorded
in item number 18 on the reverse side of the arrival portion of Form I-
94, and the name of the employer shall be noted on the reverse side of
both the arrival and departure portions of Form I-94. The departure
portion of Form I-94 shall bear the legend ``multiple entry.'' A Form
I-94 is not required by:
* * * * *
(2) Paroled aliens. Any alien paroled into the United States under
section 212(d)(5) of the Act, including any alien crewmember, shall be
issued a completely executed Form I-94 which must include:
(i) Date and place of parole;
(ii) Period of parole; and
(iii) Conditions under which the alien is paroled into the United
States. A fee shall not be required for Form I-94 when it is issued for
the purpose of paroling an alien into the United States.
(g) Mexican Border Visitors Permit, Form I-444. (1) Any Mexican
national exempt from issuance of a Form I-94 under paragraph (f)(1)
(iii) or (iv) of this section shall be issued a Mexican Border
Visitor's Permit, Form I-444, whenever:
(i) The period of admission sought is more than 72 hours but not
more than 30 days; or
(ii) The applicant desires to travel more than 25 miles from the
Mexican border but within the 5-state area of Arizona, California,
Nevada, New Mexico, or Texas. A separate Form I-444 will be issued for
each applicant for admission and a fee as prescribed under
Sec. 103.7(b)(1) of this chapter shall be charged for each applicant,
or until the family cap is reached.
* * * * *
[[Page 40069]]
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
10. The authority citation for part 264 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
11. A new Sec. 264.4 is revised to read as follows:
Sec. 264.4 Application to replace a Nonresident Alien Border Crossing
Card.
An application for a replacement Nonresident Alien Border Crossing
Card must be filed pursuant to Sec. 212.6(e) of this chapter. An
application for a replacement Form I-185, Nonresident Alien Canadian
Border Crossing Card, must be filed on Form I-175. A fee as prescribed
in Sec. 103.7(b)(1) of this chapter must be submitted at time of
application. An application for a replacement Form I-586, Nonresident
Alien Border Crossing Card, must be filed on Form I-190. A fee as
prescribed in Sec. 103.7(b)(1) of this chapter must be submitted at
time of application to replace a lost, stolen, or mutilated card.
* * * * *
PART 286--IMMIGRATION USER FEE
12. The authority citation for part 286 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1356; 8 CFR part 2.
13. A new Sec. 286.9 is added to read as follows:
Sec. 286.9 Fee for processing applications and issuing documentation
at land border Ports-of-Entry.
(a) General. A fee may be charged and collected by the Commissioner
for the processing and issuance of specified Service documents at land
border Ports-of-Entry. These fees, as specified in Sec. 103.7(b)(1) of
this chapter, shall be dedicated to funding the cost of providing
application-processing services at land border ports.
(b) Forms for which a fee may be charged. (1) A nonimmigrant alien
who is required to be issued, or requests to be issued, Form I-94,
Arrival/Departure Record, for admission at a land border Port-of-Entry
must remit the required fee for issuance of Form I-94 upon
determination of admissibility.
(2) A nonimmigrant alien applying for admission at a land border
Port-of-Entry as a Visa Waiver Pilot Program applicant pursuant to
Sec. 217.2(c) or Sec. 217.3(c) of this chapter must remit the required
fee for issuance of Form I-94W upon determination of admissibility.
(3) A Mexican national in possession of a valid nonresident alien
border crossing card or nonimmigrant B-1/B-2 visa who is required to be
issued Form I-444, Mexican Border Visitors Permit, pursuant to
Sec. 235.1(g) of this chapter, must remit the required fee for issuance
of Form I-444 upon determination of admissibility.
(4) A citizen or lawful permanent resident alien of the United
States, Canadian national, or lawful permanent resident of Canada
having a common nationality with Canadians, who requests Form I-68,
Canadian Border Boat Landing Permit, pursuant to Sec. 235.1(e) of this
chapter, for entry to the United States from Canada as an eligible
pleasure boater on a designated body of water, must remit the required
fee at time of application for Form I-68.
(5) A Canadian national or a lawful permanent resident of Canada
having a common nationality with nationals of Canada, who submits Form
I-175, Application for Nonresident Alien Canadian Border Crossing Card,
must remit the required fee at time of application for Form I-185.
(6) A Mexican national who submits Form I-190, Application for
Nonresident Alien Mexican Border Crossing Card, for replacement of a
lost, stolen, or mutilated Form I-586, Nonresident Alien Border
Crossing Card, must remit the required fee at time of application for a
replacement Form I-586.
Dated: May 23, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-19303 Filed 8-4-95; 8:45 am]
BILLING CODE 4410-10-M
