8 Cfr 235

8 CFR Part 235 (up to date as of 2/28/2025)
Inspection of Persons Applying for Admission

8 CFR Part 235 (Feb. 28, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 8 —Aliens and Nationality
Chapter I —Department of Homeland Security
Subchapter B —Immigration Regulations
Part 235 Inspection of Persons Applying for Admission
§ 235.1 Scope of examination.
§ 235.2 Parole for deferred inspection.
§ 235.3 Inadmissible aliens and expedited removal.
§ 235.4 Withdrawal of application for admission.
§ 235.5 Preinspection.
§ 235.6 Referral to immigration judge.
§ 235.7 Automated inspection services (PORTPASS).
§ 235.8 Inadmissibility on security and related grounds.
§ 235.9 Northern Marianas identification card.
§ 235.10 U.S. Citizen Identification Card.
§ 235.11 Admission of conditional permanent residents.
§ 235.12 Global Entry program.
§ 235.13 U.S. Asia-Pacific Economic Cooperation Business Travel Card Program.
§ 235.14 SENTRI program.
§ 235.15 Inadmissible aliens and expedited removal during emergency border circumstances.

PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION
Authority: 6 U.S.C. 218 and note; 8 U.S.C. 1101 and note, 1103, 1158, 1182, 1183, 1185 (pursuant to E.O. 13323,
69 FR 241, 3 CFR, 2004 Comp., p.278), 1185 note, 1201, 1224, 1225, 1226, 1228, 1365a note, 1365b, 1379,
1731-32; 48 U.S.C 1806 and note; Pub. L. 115-218.

§ 235.1 Scope of examination.
(a) General. Application to lawfully enter the United States shall be made in person to an immigration officer
at a U.S. port-of-entry when the port is open for inspection, or as otherwise designated in this section.
(b) U.S. Citizens. A person claiming U.S. citizenship must establish that fact to the examining officer's
satisfaction and must present a U.S. passport or alternative documentation as required by 22 CFR part
53. If such applicant for admission fails to satisfy the examining immigration officer that he or she is a
U.S. citizen, he or she shall thereafter be inspected as an alien. A U.S. citizen must present a valid
unexpired U.S. passport book upon entering the United States, unless he or she presents one of the
following documents:

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(1) Passport card. A U.S. citizen who possesses a valid unexpired United States passport card, as
defined in 22 CFR 53.1, may present the passport card when entering the United States from
contiguous territory or adjacent islands at land or sea ports-of-entry.
(2) Merchant Mariner Document. A U.S. citizen who holds a valid Merchant Mariner Document (MMD)
issued by the U.S. Coast Guard may present an unexpired MMD used in conjunction with official
maritime business when entering the United States.
(3) Military identification. Any U.S. citizen member of the U.S. Armed Forces who is in the uniform of, or
bears documents identifying him or her as a member of, such Armed Forces, and who is coming to
or departing from the United States under official orders or permit of such Armed Forces, may
present a military identification card and the official orders when entering the United States.
(4) Trusted traveler programs. A U.S. citizen who travels as a participant in the NEXUS, FAST, or SENTRI
programs may present a valid NEXUS program card when using a NEXUS Air kiosk or a valid NEXUS,
FAST, or SENTRI card at a land or sea port-of-entry prior to entering the United States from
contiguous territory or adjacent islands. A U.S. citizen who enters the United States by pleasure
vessel from Canada using the remote inspection system may present a NEXUS program card.
(5) Certain cruise ship passengers. A U.S. citizen traveling entirely within the Western Hemisphere is
permitted to present a government-issued photo identification document in combination with either
an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by the
Department of State, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration
Services for entering the United States when the United States citizen:
(i)

Boards a cruise ship at a port or place within the United States; and,

(ii) Returns on the return voyage of the same cruise ship to the same United States port or place
from where he or she originally departed.
On such cruises, U.S. Citizens under the age of 16 may present an original or a copy of a birth
certificate, a Consular Report of Birth Abroad, or a Certificate of Naturalization issued by U.S.
Citizenship and Immigration Services.
(6) Native American holders of an American Indian card. A Native American holder of a Form I-872
American Indian Card arriving from contiguous territory or adjacent islands may present the Form
I-872 card prior to entering the United States at a land or sea port-of-entry.
(7) Native American holders of tribal documents. A U.S. citizen holder of a tribal document issued by a
United States qualifying tribal entity or group of United States qualifying tribal entities, as provided in
paragraph (e) of this section, who is arriving from contiguous territory or adjacent islands may
present the tribal document prior to entering the United States at a land or sea port-of-entry.
(8) Children. A child who is a United States citizen entering the United States from contiguous territory at
a sea or land ports-of-entry may present certain other documents, if the arrival falls under
subsection (i) or (ii).
(i)

Children under Age 16. A U.S. citizen who is under the age of 16 is permitted to present either an
original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by the
Department of State, or a Certificate of Naturalization issued by U.S. Citizenship and
Immigration Services when entering the United States from contiguous territory at land or sea
ports-of-entry.

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(ii) Groups of Children under Age 19. A U.S. citizen, who is under age 19 and is traveling with a
public or private school group, religious group, social or cultural organization, or team
associated with a youth sport organization is permitted to present either an original or a copy
of his or her birth certificate, a Consular Report of Birth Abroad issued by the Department of
State, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration Services
when arriving from contiguous territory at land or sea ports-of-entry, when the group,
organization, or team is under the supervision of an adult affiliated with the group, organization,
or team and when the child has parental or legal guardian consent to travel. For purposes of
this paragraph, an adult is considered to be a person age 19 or older. The following
requirements will apply:
(A) The group or organization must provide to CBP upon crossing the border, on
organizational letterhead:
(1) The name of the group, organization or team, and the name of the supervising adult;
(2) A list of the children on the trip;
(3) For each child, the primary address, primary phone number, date of birth, place of
birth, and name of a parent or legal guardian.
(B) The adult leading the group, organization, or team must demonstrate parental or legal
guardian consent by certifying in the writing submitted in paragraph (b)(8)(ii)(A) of this
section that he or she has obtained for each child the consent of at least one parent or
legal guardian.
(C) The inspection procedure described in this paragraph is limited to members of the group,
organization, or team who are under age 19. Other members of the group, organization, or
team must comply with other applicable document and/or inspection requirements found
in this part.
(c) Alien members of United States Armed Forces and members of a force of a NATO country. Any alien
member of the United States Armed Forces who is in the uniform of, or bears documents identifying him
or her as a member of, such Armed Forces, and who is coming to or departing from the United States
under official orders or permit of such Armed Forces is not subject to the removal provisions of the Act. A
member of the force of a NATO country signatory to Article III of the Status of Forces Agreement seeking
to enter the United States under official orders is exempt from the control provision of the Act. Any alien
who is a member of either of the foregoing classes may, upon request, be inspected and his or her entry
as an alien may be recorded. If the alien does not appear to the examining immigration officer to be
clearly and beyond a doubt entitled to enter the United States under the provisions of the Act, the alien
shall be so informed and his or her entry shall not be recorded.
(d) Enhanced Driver's License Projects; alternative requirements. Upon the designation by the Secretary of
Homeland Security of an enhanced driver's license as an acceptable document to denote identity and
citizenship for purposes of entering the United States, U.S. and Canadian citizens may be permitted to
present these documents in lieu of a passport upon entering or seeking admission to the United States
according to the terms of the agreements entered between the Secretary of Homeland Security and the
entity. The Secretary of Homeland Security will announce, by publication of a notice in the FEDERAL
REGISTER, documents designated under this paragraph. A list of the documents designated under this
paragraph will also be made available to the public.

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(e) Native American Tribal Cards; alternative requirements. Upon the designation by the Secretary of
Homeland Security of a United States qualifying tribal entity document as an acceptable document to
denote identity and citizenship for purposes of entering the United States, Native Americans may be
permitted to present tribal cards upon entering or seeking admission to the United States according to the
terms of the voluntary agreement entered between the Secretary of Homeland Security and the tribe. The
Secretary of Homeland Security will announce, by publication of a notice in the FEDERAL REGISTER,
documents designated under this paragraph. A list of the documents designated under this paragraph will
also be made available to the public.
(f) Alien applicants for admission.
(1) Each alien seeking admission at a United States port-of-entry must present whatever documents are
required and must establish to the satisfaction of the inspecting officer that the alien is not subject
to removal under the immigration laws, Executive Orders, or Presidential Proclamations, and is
entitled, under all of the applicable provisions of the immigration laws and this chapter, to enter the
United States.
(i)

A person claiming to have been lawfully admitted for permanent residence must establish that
fact to the satisfaction of the inspecting officer and must present proper documents in
accordance with § 211.1 of this chapter.

(ii) The Secretary of Homeland Security or his designee may require any alien, other than aliens
exempted under paragraph (iv) of this section or Canadian citizens under section 101(a)(15)(B)
of the Act who are not otherwise required to present a visa or be issued Form I-94 (see § 1.4) or
Form I-95 for admission or parole into the United States, to provide fingerprints, photograph(s)
or other specified biometric identifiers, documentation of his or her immigration status in the
United States, and such other evidence as may be requested to determine the alien's identity
and whether he or she has properly maintained his or her status while in the United States and/
or whether he or she is admissible. The failure of an alien at the time of inspection to comply
with any requirement to provide biometric identifiers may result in a determination that the alien
is inadmissible under section 212(a) of the Immigration and Nationality Act or any other law.
(iii) Aliens who are required under paragraph (d)(1)(ii) to provide biometric identifier(s) at inspection
may also be subject to the departure requirements for biometrics contained in § 215.8 of this
chapter, unless otherwise exempted.
(iv) The requirements of paragraph (d)(1)(ii) shall not apply to:
(A) Aliens younger than 14 or older than 79 on date of admission;
(B) Aliens admitted on A-1, A-2, C-3 (except for attendants, servants, or personal employees of
accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or
NATO-6 visas, and certain Taiwan officials who hold E-1 visas and members of their
immediate families who hold E-1 visas unless the Secretary of State and the Secretary of
Homeland Security jointly determine that a class of such aliens should be subject to the
requirements of paragraph (d)(1)(ii);
(C) Classes of aliens to whom the Secretary of Homeland Security and the Secretary of State
jointly determine it shall not apply; or
(D) An individual alien to whom the Secretary of Homeland Security, the Secretary of State, or
the Director of Central Intelligence determines it shall not apply.
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(2) An alien present in the United States who has not been admitted or paroled or an alien who seeks
entry at other than an open, designated port-of-entry, except as otherwise permitted in this section, is
subject to the provisions of section 212(a) of the Act and to removal under section 235(b) or 240 of
the Act.
(3) An alien who is brought to the United States, whether or not to a designated port-of-entry and
regardless of the means of transportation, after having been interdicted in international or United
States waters, is considered an applicant for admission and shall be examined under section 235(b)
of the Act.
(4) An alien stowaway is not an applicant for admission and may not be admitted to the United States. A
stowaway shall be removed from the United States under section 235(a)(2) of the Act. The
provisions of section 240 of the Act are not applicable to stowaways, nor is the stowaway entitled to
further hearing or review of the removal, except that an alien stowaway who indicates an intention to
apply for asylum, or expresses a fear of persecution, a fear of torture, or a fear of return to the
country of proposed removal shall be referred to an asylum officer for a determination of credible
fear of persecution or torture in accordance with section 235(b)(1)(B) of the Act and § 208.30 of this
chapter. An alien stowaway who is determined to have a credible fear of persecution or torture shall
have his or her asylum application adjudicated in accordance with § 208.2(b)(2) of this chapter.
(g) U.S. citizens, lawful permanent residents of the United States, and other aliens, entering the United States
along the northern border, other than at a port-of-entry. A citizen of Canada or a permanent resident of
Canada who is a national of a country listed in § 217.2(a) of this chapter may, if in possession of a valid,
unexpired, Canadian Border Boat Landing Permit(Form I-68) or evidence of enrollment in any other
Service Alternative Inspections program (e.g., the Immigration and Naturalization Service Passenger
Accelerated Service System (INSPASS) or the Port Passenger Accelerated Service System (PORTPASS)),
enter the United States by means of a pleasure craft along the northern border of the United States from
time-to-time without further inspection. No persons other than those described in this paragraph may
participate in this program. Permanent residents of Canada who are nationals of a designated Visa
Waiver Program country listed in § 217.2(a) of this chapter must be in possession of a valid, unexpired
passport issued by his or her country of nationality, and an unexpired multiple entry Form I-94W,
Nonimmigrant Visa Waiver Arrival/Departure Form, or an unexpired passport, valid unexpired United
States visa and I-94 Arrival/Departure Form. When an entry to the United States is made by a person who
is a Canadian citizen or a permanent resident of Canada who is a national of a designated Visa Waiver
Program country listed in § 217.2(a) of this chapter, entry may be made under this program only for a
purpose as described in section 101(a)(15)(B)(ii) of the Act as a visitor for pleasure. Persons seeking to
enter the United States for any other purpose must do so at a port-of-entry staffed by immigration
inspectors. Persons aboard a vessel which has crossed the international boundary between the United
States and Canada and who do not intend to land in the United States, other than at a staffed port-ofentry, are not required to be in possession of Form I-68, Canadian Border Boat Landing Permit, or evidence
of enrollment in an Alternative Inspections program merely because they have crossed the international
boundary. However, the Service retains the right to conduct inspections or examinations of all persons
applying for admission or readmission to or seeking transit through the United States in accordance with
the Act.
(1) Application. An eligible applicant may apply for a Canadian Border Boat Landing Permit by
completing the Form I-68 in triplicate. Application forms will be made readily available through the
Internet, from a Service office, or by mail. A family may apply on a single application. For the

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purposes of this paragraph, a family is defined as a husband, wife, unmarried children under the age
of 21, and the parents of either husband or wife, who reside at the same address. In order for the I-68
application to be considered complete, it must be accompanied by the following:
(i)

For each person included on the application, evidence of citizenship, and, if not a citizen of the
United States or Canada, evidence of legal permanent resident status in either the United
States or Canada. Evidence of residency must be submitted by all applicants. It is not required
that all persons on the application be of the same nationality; however, they must all be
individually eligible to participate in this program.

(ii) If multiple members of a family, as defined in paragraph (e)(1) of this section, are included on a
single application, evidence of the familial relationship.
(iii) A fee as prescribed in 8 CFR 103.7(d)(3).
(iv) A copy of any previously approved Form I-68.
(v) A permanent resident of Canada who is a national of a Visa Waiver Program may apply for
admission simultaneously with the Form I-68 application and thereby obtain a Form I-94 or
I-94W.
(2) Submission of Form I-68. Except as indicated in this paragraph, Form I-68 shall be properly
completed and submitted in person, along with the documentary evidence and the required fee as
specified in 8 CFR 103.7(d)(3), to a United States immigration officer at a Canadian border Port-ofEntry located within the district having jurisdiction over the applicant's residence or intended place of
landing. Persons previously granted Form I-68 approval may apply by mail to the issuing Service
office for renewal if a copy of the previous Form I-68 is included in the application. At the discretion
of the district director concerned, any applicant for renewal of Form I-68 may be required to appear
for an interview in person if the applicant does not appear to be clearly eligible for renewal.
(3) Denial of Form I-68. If the applicant has committed a violation of any immigration or customs
regulation or, in the case of an alien, is inadmissible to the United States, approval of the Form I-68
shall be denied. However, if, in the exercise of discretion, the district director waives under section
212(d)(3) of the Act all applicable grounds of inadmissibility, the I-68 application may be approved
for such non-citizens. If the Form I-68 application is denied, the applicant shall be given written
notice of and the reasons for the denial by letter from the district director. There is no appeal from
the denial of the Form I-68 application, but the denial is without prejudice to a subsequent
application for this program or any other Service benefit, except that the applicant may not submit a
subsequent Form I-68 application for 90 days after the date of the last denial.
(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) Conditions for participation in the I-68 program. Upon being inspected and positively identified by an
immigration officer and found admissible and eligible for participation in the I-68 program, a
participant must agree to abide by the following conditions:
(i)

Form I-68 may be used only when entering the United States by means of a vessel exclusively
used for pleasure, including chartered vessels when such vessel has been chartered by an
approved Form I-68 holder. When used by a person who is a not a citizen or a lawful permanent

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resident of the United States, admission shall be for a period not to exceed 72 hours to visit
within 25 miles of the shore line along the northern border of the United States, including the
shore line of Lake Michigan and Puget Sound.
(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 permanent residents of
Canada who are nationals of a Visa Waiver Program 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.
(iii) Participants may not import merchandise or transport controlled or restricted items while
entering the United States under this program. The entry of any merchandise or goods must be
in accordance with the laws and regulations of all Federal Inspection Services.
(iv) Participants must agree to random checks or inspections that may be conducted by the
Service, at any time and at any location, to ensure compliance.
(v) Participants must abide by all Federal, state, and local laws regarding the importation of alcohol
or agricultural products or the importation or possession of controlled substances as defined in
section 101 of the Controlled Substance Act (21 U.S.C. 802).
(vi) Participants acknowledge that all devices, decals, cards, or other Federal Government supplied
identification or technology used to identify or inspect persons or vessels seeking entry via this
program remain the property of the United States Government at all times, and must be
surrendered upon request by a Border Patrol Agent or any other officer of a Federal Inspection
Service.
(vii) The captain, charterer, master, or owner (if aboard) of each vessel bringing persons into the
United States is responsible for determining that all persons aboard the vessel are in
possession of a valid, unexpired Form I-68 or other evidence of participation in a Service
Alternative Inspections program (INSPASS or PORTPASS) prior to entry into the territorial
waters of the United States. If any person on board is not in possession of such evidence, the
captain, charterer, master, or owner must transport such person to a staffed United States Portof-Entry for an in-person immigration inspection.
(6) Revocation. The district director, the chief patrol agent, or their designated representatives may
revoke the designation of any participant who violates any condition of this program, as contained in
paragraph (e)(5) of this section, or who has violated any immigration law or regulation, or a law or
regulation of the United States Customs Service or other Federal Inspection Service, has abandoned
his or her residence in the United States or Canada, is inadmissible to the United States, or who is
otherwise determined by an immigration officer to be ineligible for continued participation in this
program. Such persons may be subject to other applicable sanctions, such as criminal and/or
administrative prosecution or deportation, as well as possible seizure of goods and/or vessels. If
permission to participate is revoked, a written request to the district director for restoration of
permission to participate may be made. The district director will notify the person of his or her
decision and the reasons therefore in writing.

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(7) Compliance checking. Participation in this program does not relieve the holder from responsibility to
comply with all other aspects of United States Immigration, Customs, or other Federal inspection
service laws or regulations. To prevent abuse, the United States Immigration and Naturalization
Service retains the right to conduct inspections or examinations of all persons applying for
admission or readmission to or seeking transit through the United States in accordance with the
Immigration and Nationality Act.
(h) Form I-94, Arrival-Departure Record.
(1) Unless otherwise exempted, each arriving nonimmigrant who is admitted to the United States will be
issued a Form I-94 as evidence of the terms of admission. For land border admission, a Form I-94
will be issued only upon payment of a fee, and will be considered issued for multiple entries unless
specifically annotated for a limited number of entries. A Form I-94 issued at other than a land border
port-of-entry, unless issued for multiple entries, must be surrendered upon departure from the United
States in accordance with the instructions on the form. Form I-94 is not required by:
(i)

Any nonimmigrant alien described in § 212.1(a) of this chapter and 22 CFR 41.33 who is
admitted as a visitor for business or pleasure or admitted to proceed in direct transit through
the United States;

(ii) Any nonimmigrant alien residing in the British Virgin Islands who was admitted only to the U.S.
Virgin Islands as a visitor for business or pleasure under § 212.1(b) of this chapter;
(iii) Except as provided in paragraph (h)(1)(v) of this section, any Mexican national admitted as a
nonimmigrant visitor who is:
(A) Exempt from a visa and passport pursuant to § 212.1(c)(1) of this chapter and is admitted
for a period not to exceed 30 days to visit within 25 miles of the border; or
(B) In possession of a valid visa and passport and is admitted for a period not to exceed 72
hours to visit within 25 miles of the border;
(iv) Bearers of Mexican diplomatic or official passports described in § 212.1(c) of this chapter; or
(v) Any Mexican national admitted as a nonimmigrant visitor who is:
(A) Exempt from a visa and passport pursuant to § 212.1(c)(1) of this chapter and is admitted
at the Mexican border POEs in the State of Arizona at Sasabe, Nogales, Mariposa, Naco or
Douglas to visit within the State of Arizona within 75 miles of the border for a period not to
exceed 30 days; or
(B) In possession of a valid visa and passport and is admitted at the Mexican border POEs in
the State of Arizona at Sasabe, Nogales, Mariposa, Naco or Douglas to visit within the
State of Arizona within 75 miles of the border for a period not to exceed 72 hours; or
(C) Exempt from visa and passport pursuant to § 212.1(c)(1) of this chapter and is admitted
for a period not to exceed 30 days to visit within the State of New Mexico within 55 miles
of the border or the area south of and including Interstate Highway I-10, whichever is
further north; or
(D) In possession of a valid visa and passport and is admitted for a period not to exceed 72
hours to visit within the State of New Mexico within 55 miles of the border or the area
south of and including Interstate Highway I-10, whichever is further north.
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(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, endorsed with the parole
stamp.
[62 FR 10353, Mar. 6, 1997]

Editorial Note: For FEDERAL REGISTER citations affecting § 235.1, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 235.2 Parole for deferred inspection.
(a) A district director may, in his or her discretion, defer the inspection of any vessel or aircraft, or of any alien,
to another Service office or port-of-entry. Any alien coming to a United States port from a foreign port,
from an outlying possession of the United States, from Guam, Puerto Rico, or the Virgin Islands of the
United States, or from another port of the United States at which examination under this part was
deferred, shall be regarded as an applicant for admission at that onward port.
(b) An examining immigration officer may defer further examination and refer the alien's case to the district
director having jurisdiction over the place where the alien is seeking admission, or over the place of the
alien's residence or destination in the United States, if the examining immigration officer has reason to
believe that the alien can overcome a finding of inadmissibility by:
(1) Posting a bond under section 213 of the Act;
(2) Seeking and obtaining a waiver under section 211 or 212(d)(3) or (4) of the Act; or
(3) Presenting additional evidence of admissibility not available at the time and place of the initial
examination.
(c) Such deferral shall be accomplished pursuant to the provisions of section 212(d)(5) of the Act for the
period of time necessary to complete the deferred inspection.
(d) Refusal of a district director to authorize admission under section 213 of the Act, or to grant an
application for the benefits of section 211 or section 212(d) (3) or (4) of the Act, shall be without
prejudice to the renewal of such application or the authorizing of such admission by the immigration
judge without additional fee.
(e) Whenever an alien on arrival is found or believed to be suffering from a disability that renders it
impractical to proceed with the examination under the Act, the examination of such alien, members of his
or her family concerning whose admissibility it is necessary to have such alien testify, and any
accompanying aliens whose protection or guardianship will be required should such alien be found
inadmissible shall be deferred for such time and under such conditions as the district director in whose
district the port is located imposes.
[62 FR 10355, Mar. 6, 1997]

§ 235.3 Inadmissible aliens and expedited removal.
(a) Detention prior to inspection. All persons arriving at a port-of-entry in the United States by vessel or aircraft
shall be detained aboard the vessel or at the airport of arrival by the owner, agent, master, commanding
officer, person in charge, purser, or consignee of such vessel or aircraft until admitted or otherwise
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permitted to land by an officer of the Service. Notice or order to detain shall not be required. The owner,
agent, master, commanding officer, person in charge, purser, or consignee of such vessel or aircraft shall
deliver every alien requiring examination to an immigration officer for inspection or to a medical officer for
examination. The Service will not be liable for any expenses related to such detention or presentation or
for any expenses of a passenger who has not been presented for inspection and for whom a
determination has not been made concerning admissibility by a Service officer.
(b) Expedited removal —
(1) Applicability. The expedited removal provisions shall apply to the following classes of aliens who are
determined to be inadmissible under section 212(a)(6)(C) or (7) of the Act:
(i)

Arriving aliens, as defined in 8 CFR 1.2;

(ii) As specifically designated by the Commissioner, aliens who arrive in, attempt to enter, or have
entered the United States without having been admitted or paroled following inspection by an
immigration officer at a designated port-of-entry, and who have not established to the
satisfaction of the immigration officer that they have been physically present in the United
States continuously for the 2-year period immediately prior to the date of determination of
inadmissibility. The Commissioner shall have the sole discretion to apply the provisions of
section 235(b)(1) of the Act, at any time, to any class of aliens described in this section. The
Commissioner's designation shall become effective upon publication of a notice in the FEDERAL
REGISTER. However, if the Commissioner determines, in the exercise of discretion, that the delay
caused by publication would adversely affect the interests of the United States or the effective
enforcement of the immigration laws, the Commissioner's designation shall become effective
immediately upon issuance, and shall be published in the FEDERAL REGISTER as soon as
practicable thereafter. When these provisions are in effect for aliens who enter without
inspection, the burden of proof rests with the alien to affirmatively show that he or she has the
required continuous physical presence in the United States. Any absence from the United
States shall serve to break the period of continuous physical presence. An alien who was not
inspected and admitted or paroled into the United States but who establishes that he or she
has been continuously physically present in the United States for the 2-year period immediately
prior to the date of determination of inadmissibility shall be detained in accordance with
section 235(b)(2) of the Act for a proceeding under section 240 of the Act.
(2) Determination of inadmissibility —
(i)

Record of proceeding. An alien who is arriving in the United States, or other alien as designated
pursuant to paragraph (b)(1)(ii) of this section, who is determined to be inadmissible under
section 212(a)(6)(C) or 212(a)(7) of the Act (except an alien for whom documentary
requirements are waived under § 211.1(b)(3) or § 212.1 of this chapter), shall be ordered
removed from the United States in accordance with section 235(b)(1) of the Act. In every case
in which the expedited removal provisions will be applied and before removing an alien from the
United States pursuant to this section, the examining immigration officer shall create a record
of the facts of the case and statements made by the alien. This shall be accomplished by
means of a sworn statement using Form I-867AB, Record of Sworn Statement in Proceedings
under Section 235(b)(1) of the Act. The examining immigration officer shall read (or have read)
to the alien all information contained on Form I-867A. Following questioning and recording of
the alien's statement regarding identity, alienage, and inadmissibility, the examining immigration
officer shall record the alien's response to the questions contained on Form I-867B, and have
the alien read (or have read to him or her) the statement, and the alien shall sign and initial each

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page of the statement and each correction. The examining immigration officer shall advise the
alien of the charges against him or her on Form I-860, Notice and Order of Expedited Removal,
and the alien shall be given an opportunity to respond to those charges in the sworn statement.
After obtaining supervisory concurrence in accordance with paragraph (b)(7) of this section,
the examining immigration official shall serve the alien with Form I-860 and the alien shall sign
the reverse of the form acknowledging receipt. Interpretative assistance shall be used if
necessary to communicate with the alien.
(ii) No entitlement to hearings and appeals. Except as otherwise provided in this section, such alien
is not entitled to a hearing before an immigration judge in proceedings conducted pursuant to
section 240 of the Act, or to an appeal of the expedited removal order to the Board of
Immigration Appeals.
(iii) Detention and parole of alien in expedited removal. An alien whose inadmissibility is being
considered under this section or who has been ordered removed pursuant to this section shall
be detained pending determination and removal. Parole of such alien shall only be considered
in accordance with section 212(d)(5) of the Act and § 212.5(b) of this chapter. A grant of parole
would be for the limited purpose of parole out of custody and cannot serve as an independent
basis for employment authorization under § 274a.12(c)(11) of this chapter.
(3) Additional charges of inadmissibility. In the expedited removal process, the Service may not charge
an alien with any additional grounds of inadmissibility other than section 212(a)(6)(C) or 212(a)(7) of
the Act. If an alien appears to be inadmissible under other grounds contained in section 212(a) of
the Act, and if the Service wishes to pursue such additional grounds of inadmissibility, the alien shall
be detained and referred for a removal hearing before an immigration judge pursuant to sections
235(b)(2) and 240 of the Act for inquiry into all charges. Once the alien is in removal proceedings
under section 240 of the Act, the Service is not precluded from lodging additional charges against
the alien. Nothing in this paragraph shall preclude the Service from pursuing such additional grounds
of inadmissibility against the alien in any subsequent attempt to reenter the United States, provided
the additional grounds of inadmissibility still exist.
(4) Claim of asylum or fear of persecution or torture. If an alien subject to the expedited removal
provisions indicates an intention to apply for asylum, or expresses a fear of persecution or torture, or
a fear of return to his or her country, the inspecting officer shall not proceed further with removal of
the alien until the alien has been referred for an interview by an asylum officer in accordance with 8
CFR 208.30. The examining immigration officer shall record sufficient information in the sworn
statement to establish and record that the alien has indicated such intention, fear, or concern, and to
establish the alien's inadmissibility.
(i)

Referral. The referring officer shall provide the alien with a written disclosure on Form M-444,
Information About Credible Fear Interview, describing:
(A) The purpose of the referral and description of the credible fear interview process;
(B) The right to consult with other persons prior to the interview and any review thereof at no
expense to the United States Government;
(C) The right to request a review by an immigration judge of the asylum officer's credible fear
determination; and
(D) The consequences of failure to establish a credible fear of persecution or torture.

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(ii) Detention pending credible fear interview. Pending the credible fear determination by an asylum
officer and any review of that determination by an immigration judge, the alien shall be
detained. Parole of such alien shall only be considered in accordance with section 212(d)(5) of
the Act and § 212.5(b) of this chapter. A grant of parole would be for the limited purpose of
parole out of custody and cannot serve as an independent basis for employment authorization
under § 274a.12(c)(11) of this chapter. Prior to the interview, the alien shall be given time to
contact and consult with any person or persons of the alien's choosing. If the alien is detained,
such consultation shall be made available in accordance with the policies and procedures of
the detention facility where the alien is detained, shall be at no expense to the Government, and
shall not unreasonably delay the process.
(5) Claim to lawful permanent resident, refugee, or asylee status or U.S. citizenship —
(i)

Verification of status. If an applicant for admission who is subject to expedited removal
pursuant to section 235(b)(1) of the Act claims to have been lawfully admitted for permanent
residence, admitted as a refugee under section 207 of the Act, granted asylum under section
208 of the Act, or claims to be a U.S. citizen, the immigration officer shall attempt to verify the
alien's claim. Such verification shall include a check of all available Service data systems and
any other means available to the officer. An alien whose claim to lawful permanent resident,
refugee, asylee status, or U.S. citizen status cannot be verified will be advised of the penalties
for perjury, and will be placed under oath or allowed to make a declaration as permitted under
28 U.S.C. 1746, concerning his or her lawful admission for permanent residence, admission as
a refugee under section 207 of the Act, grant of asylum status under section 208 of the Act, or
claim to U.S. citizenship. A written statement shall be taken from the alien in the alien's own
language and handwriting, stating that he or she declares, certifies, verifies, or states that the
claim is true and correct. The immigration officer shall issue an expedited order of removal
under section 235(b)(1)(A)(i) of the Act and refer the alien to the immigration judge for review
of the order in accordance with paragraph (b)(5)(iv) of this section and § 235.6(a)(2)(ii). The
person shall be detained pending review of the expedited removal order under this section.
Parole of such person, in accordance with section 212(d)(5) of the Act, may be permitted only
when the Attorney General determines, in the exercise of discretion, that parole is required to
meet a medical emergency or is necessary for a legitimate law enforcement objective.

(ii) Verified lawful permanent residents. If the claim to lawful permanent resident status is verified,
and such status has not been terminated in exclusion, deportation, or removal proceedings, the
examining immigration officer shall not order the alien removed pursuant to section 235(b)(1)
of the Act. The examining immigration officer will determine in accordance with section
101(a)(13)(C) of the Act whether the alien is considered to be making an application for
admission. If the alien is determined to be seeking admission and the alien is otherwise
admissible, except that he or she is not in possession of the required documentation, a
discretionary waiver of documentary requirements may be considered in accordance with
section 211(b) of the Act and § 211.1(b)(3) of this chapter or the alien's inspection may be
deferred to an onward office for presentation of the required documents. If the alien appears to
be inadmissible, the immigration officer may initiate removal proceedings against the alien
under section 240 of the Act.
(iii) Verified refugees and asylees. If a check of Service records or other means indicates that the
alien has been granted refugee status or asylee status, and such status has not been
terminated in deportation, exclusion, or removal proceedings, the immigration officer shall not
order the alien removed pursuant to section 235(b)(1) of the Act. If the alien is not in
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possession of a valid, unexpired refugee travel document, the examining immigration officer
may accept an application for a refugee travel document in accordance with § 223.2(b)(2)(ii) of
this chapter. If accepted, the immigration officer shall readmit the refugee or asylee in
accordance with § 223.3(d)(2)(i) of this chapter. If the alien is determined not to be eligible to
file an application for a refugee travel document the immigration officer may initiate removal
proceedings against the alien under section 240 of the Act.
(iv) Review of order for claimed lawful permanent residents, refugees, asylees, or U.S. citizens. A
person whose claim to U.S. citizenship has been verified may not be ordered removed. When an
alien whose status has not been verified but who is claiming under oath or under penalty of
perjury to be a lawful permanent resident, refugee, asylee, or U.S. citizen is ordered removed
pursuant to section 235(b)(1) of the Act, the case will be referred to an immigration judge for
review of the expedited removal order under section 235(b)(1)(C) of the Act and §
235.6(a)(2)(ii). If the immigration judge determines that the alien has never been admitted as a
lawful permanent resident or as a refugee, granted asylum status, or is not a U.S. citizen, the
order issued by the immigration officer will be affirmed and the Service will remove the alien.
There is no appeal from the decision of the immigration judge. If the immigration judge
determines that the alien was once so admitted as a lawful permanent resident or as a refugee,
or was granted asylum status, or is a U.S. citizen, and such status has not been terminated by
final administrative action, the immigration judge will terminate proceedings and vacate the
expedited removal order. The Service may initiate removal proceedings against such an alien,
but not against a person determined to be a U.S. citizen, in proceedings under section 240 of
the Act. During removal proceedings, the immigration judge may consider any waivers,
exceptions, or requests for relief for which the alien is eligible.
(6) Opportunity for alien to establish that he or she was admitted or paroled into the United States. If the
Commissioner determines that the expedited removal provisions of section 235(b)(1) of the Act
shall apply to any or all aliens described in paragraph (b)(2)(ii) of this section, such alien will be given
a reasonable opportunity to establish to the satisfaction of the examining immigration officer that he
or she was admitted or paroled into the United States following inspection at a port-of-entry. The
alien will be allowed to present evidence or provide sufficient information to support the claim. Such
evidence may consist of documentation in the possession of the alien, the Service, or a third party.
The examining immigration officer will consider all such evidence and information, make further
inquiry if necessary, and will attempt to verify the alien's status through a check of all available
Service data systems. The burden rests with the alien to satisfy the examining immigration officer of
the claim of lawful admission or parole. If the alien establishes that he or she was lawfully admitted
or paroled, the case will be examined to determine if grounds of deportability under section 237(a)
of the Act are applicable, or if paroled, whether such parole has been, or should be, terminated, and
whether the alien is inadmissible under section 212(a) of the Act. An alien who cannot satisfy the
examining officer that he or she was lawfully admitted or paroled will be ordered removed pursuant
to section 235(b)(1) of the Act.
(7) Review of expedited removal orders. Any removal order entered by an examining immigration officer
pursuant to section 235(b)(1) of the Act must be reviewed and approved by the appropriate
supervisor before the order is considered final. Such supervisory review shall not be delegated below
the level of the second line supervisor, or a person acting in that capacity. The supervisory review
shall include a review of the sworn statement and any answers and statements made by the alien
regarding a fear of removal or return. The supervisory review and approval of an expedited removal
order for an alien described in section 235(b)(1)(A)(iii) of the Act must include a review of any claim
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of lawful admission or parole and any evidence or information presented to support such a claim,
prior to approval of the order. In such cases, the supervisor may request additional information from
any source and may require further interview of the alien.
(8) Removal procedures relating to expedited removal. An alien ordered removed pursuant to section
235(b)(1) of the Act shall be removed from the United States in accordance with section 241(c) of
the Act and 8 CFR part 241.
(9) Waivers of documentary requirements. Nothing in this section limits the discretionary authority of the
Attorney General, including authority under sections 211(b) or 212(d) of the Act, to waive the
documentary requirements for arriving aliens.
(10) Applicant for admission under section 217 of the Act. The provisions of § 235.3(b) do not apply to an
applicant for admission under section 217 of the Act.
(c) Arriving aliens placed in proceedings under section 240 of the Act or aliens referred for an asylum merits
interview under § 208.2(a)(1)(ii) of this chapter.
(1) Except as otherwise provided in this chapter, any arriving alien who appears to the inspecting officer
to be inadmissible, and who is placed in removal proceedings pursuant to section 240 of the Act
shall be detained in accordance with section 235(b) of the Act. Parole of such alien shall only be
considered in accordance with § 212.5(b) of this chapter. This paragraph (c) shall also apply to any
alien who arrived before April 1, 1997, and who was placed in exclusion proceedings.
(2) Except as otherwise provided in this chapter, any alien over whom USCIS exercises jurisdiction
pursuant to § 208.2(a)(1)(ii) of this chapter after being found to have a credible fear of persecution
or torture shall be detained in accordance with section 235(b) of the Act. Parole of such alien shall
only be considered in accordance with § 212.5(b) of this chapter.
(d) Service custody. The Service will assume custody of any alien subject to detention under paragraph (b) or
(c) of this section. In its discretion, the Service may require any alien who appears inadmissible and who
arrives at a land border port-of-entry from Canada or Mexico, to remain in that country while awaiting a
removal hearing. Such alien shall be considered detained for a proceeding within the meaning of section
235(b) of the Act and may be ordered removed in absentia by an immigration judge if the alien fails to
appear for the hearing.
(e) Detention in non-Service facility. Whenever an alien is taken into Service custody and detained at a facility
other than at a Service Processing Center, the public or private entities contracted to perform such service
shall have been approved for such use by the Service's Jail Inspection Program or shall be performing
such service under contract in compliance with the Standard Statement of Work for Contract Detention
Facilities. Both programs are administered by the Detention and Deportation section having jurisdiction
over the alien's place of detention. Under no circumstances shall an alien be detained in facilities not
meeting the four mandatory criteria for usage. These are:
(1) 24-Hour supervision,
(2) Conformance with safety and emergency codes,
(3) Food service, and
(4) Availability of emergency medical care.

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8 CFR 235.3(f)

(f) Privilege of communication. The mandatory notification requirements of consular and diplomatic officers
pursuant to § 236.1(e) of this chapter apply when an inadmissible alien is detained for removal
proceedings, including for purpose of conducting the credible fear determination.
[62 FR 10355, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 65 FR 82256, Dec. 28, 2000; 69 FR 69490, Nov. 29, 2004; 76
FR 53790, Aug. 29, 2011; 82 FR 4771, Jan. 17, 2017; 87 FR 18220, Mar. 29, 2022]

§ 235.4 Withdrawal of application for admission.
The Attorney General may, in his or her discretion, permit any alien applicant for admission to withdraw his or her
application for admission in lieu of removal proceedings under section 240 of the Act or expedited removal under
section 235(b)(1) of the Act. The alien's decision to withdraw his or her application for admission must be made
voluntarily, but nothing in this section shall be construed as to give an alien the right to withdraw his or her
application for admission. Permission to withdraw an application for admission should not normally be granted
unless the alien intends and is able to depart the United States immediately. An alien permitted to withdraw his or
her application for admission shall normally remain in carrier or Service custody pending departure, unless the
district director determines that parole of the alien is warranted in accordance with § 212.5(b) of this chapter.
[62 FR 10358, Mar. 6, 1997; 62 FR 15363, Apr. 1, 1997; 65 FR 82256, Dec. 28, 2000]

§ 235.5 Preinspection.
(a) In United States territories and possessions. In the case of any aircraft proceeding from Guam, the
Commonwealth of the Northern Mariana Islands (beginning November 28, 2009), Puerto Rico, or the
United States Virgin Islands destined directly and without touching at a foreign port or place, to any other
of such places, or to one of the States of the United States or the District of Columbia, the examination of
the passengers and crew required by the Act may be made prior to the departure of the aircraft, and in
such event, final determination of admissibility will be made immediately prior to such departure. The
examination will be conducted in accordance with sections 232, 235, and 240 of the Act and 8 CFR parts
235 and 240. If it appears to the immigration officer that any person in the United States being examined
under this section is prima facie removable from the United States, further action with respect to his or
her examination will be deferred and further proceedings regarding removability conducted as provided in
section 240 of the Act and 8 CFR part 240. When the foregoing inspection procedure is applied to any
aircraft, persons examined and found admissible will be placed aboard the aircraft, or kept at the airport
separate and apart from the general public until they are permitted to board the aircraft. No other person
will be permitted to depart on such aircraft until and unless he or she is found to be admissible as
provided in this section.
(b) In foreign territory. In the case of any aircraft, vessel, or train proceeding directly, without stopping, from a
port or place in foreign territory to a port-of-entry in the United States, the examination and inspection of
passengers and crew required by the Act and final determination of admissibility may be made
immediately prior to such departure at the port or place in the foreign territory and shall have the same
effect under the Act as though made at the destined port-of-entry in the United States.
[62 FR 10358, Mar. 6, 1997, as amended at 74 FR 2836, Jan. 16, 2009; 74 FR 25388, May 28, 2009]

§ 235.6 Referral to immigration judge.

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Link to an amendment published at 85 FR 84196, Dec. 23, 2020.
This amendment was delayed until Mar. 22, 2021, at 86 FR 6847, Jan. 25, 2021.
This amendment was further delayed until Dec. 31, 2021, at 86 FR 15069, Mar. 22, 2021.
This amendment was further delayed until Dec. 31, 2022, at 86 FR 73615, Dec. 28, 2021.
This amendment was further delayed until Dec. 31, 2024, at 87 FR 79789, Dec. 28, 2022.
This amendment was further delayed until Dec. 31, 2025, at 89 FR 105386, Dec. 27, 2024.
(a) Notice —
(1) Referral by Form I-862, Notice to Appear. An immigration officer or asylum officer will sign and deliver
a Form I-862 to an alien in the following cases:
(i)

If, in accordance with the provisions of section 235(b)(2)(A) of the Act, the examining
immigration officer detains an alien for a proceeding before an immigration judge under section
240 of the Act; or

(ii) If an immigration officer verifies that an alien subject to expedited removal under section
235(b)(1) of the Act has been admitted as a lawful permanent resident or refugee, or granted
asylum, or, upon review pursuant to § 235.3(b)(5)(iv) of chapter I, an immigration judge
determines that the alien was once so admitted or granted asylum, provided that such status
has not been terminated by final administrative action, and the DHS initiates removal
proceedings against the alien under section 240 of the Act.
(iii)-(iv) [Reserved]
(2) Referral by Form I-863, Notice of Referral to Immigration Judge. An immigration officer will sign and
deliver a Form I-863 to an alien in the following cases:
(i)

If an asylum officer determines that the alien does not have a credible fear of persecution or
torture, and the alien requests a review of that determination by an immigration judge;

(ii) If, in accordance with section 235(b)(1)(C) of the Act, an immigration officer refers an expedited
removal order entered on an alien claiming to be a lawful permanent resident, refugee, asylee,
or U.S. citizen for whom the officer could not verify such status to an immigration judge for
review of the order; or
(iii) If an immigration officer refers an applicant in accordance with the provisions of § 208.2(c)(1)
or (2) of this chapter to an immigration judge for an asylum- or withholding-only hearing.
(b) Certification for mental condition; medical appeal. An alien certified under sections 212(a)(1) and 232(b) of
the Act shall be advised by the examining immigration officer that he or she may appeal to a board of
medical examiners of the United States Public Health Service pursuant to section 232 of the Act. If such
appeal is taken, the district director shall arrange for the convening of the medical board.

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(c) The provisions of part 235 are separate and severable from one another. In the event that any provision in
part 235 is stayed, enjoined, not implemented, or otherwise held invalid, the remaining provisions shall
nevertheless be implemented as an independent rule and continue in effect.
[62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 74 FR 55739, Oct. 28, 2009; 85 FR 29316, May 14, 2020; 85
FR 80393, Dec. 11, 2020; 87 FR 18220, Mar. 29, 2022]

§ 235.7 Automated inspection services (PORTPASS).
(a) PORTPASS Program —
(1) Definitions —
(i)

Port Passenger Accelerated Service System (PORTPASS). A system in which certain ports-ofentry (POEs) are identified and designated by the Service as providing access to the United
States for a group of identified, low-risk, border crossers. Alien participants in the PORTPASS
program are personally inspected, identified, and screened in advance of approval for
participation in the program by an immigration officer, and may apply to enter the United States
through a dedicated commuter lane (DCL) or through an automated permit port (APP). Such
advance inspection and identification, when the enrolled participant satisfies the conditions
and requirements set fourth in this section, satisfies the reporting requirements of § 235.1(a).
Each successful use of PORTPASS constitutes a separate and completed inspection and
application for entry by the alien program participants on the date PORTPASS is used. United
States citizens who meet the eligibility requirements for participation are subject to all rules,
procedures, and conditions for use set forth in this section.

(ii) SENTRI program. Although the SENTRI program is a PORTPASS program, all the parameters of
the SENTRI program, including the eligibility requirements, application procedures, redress
procedures, registration of vehicles, use of dedicated commuter lanes, and fee requirements
are specified in § 235.14. For purposes of the SENTRI program, § 235.14 supersedes the
provisions of this section.
(iii) Automated Permit Port (APP). A POE designated by the Service to provide access to the United
States by an identified, low-risk, border crosser through the use of automation when the POE is
not staffed. An APP has limited hours of operation and is located at a remote location on a land
border. This program is limited to the northern border of the United States.
(iv) Dedicated Commuter Lane (DCL). A special lane set apart from the normal flow of traffic at a
land border POE which allows an accelerated inspection for identified, low-risk travelers. This
program is limited to the northern border of the United States and the California-Mexico border.
(v) DCL system costs fee. A fee charged to a participant to cover the cost of the implementation
and operation of the PORTPASS system. If a participant wishes to enroll more than one vehicle
for use in the PORTPASS system, he or she will be assessed an additional vehicle fee for each
additional vehicle enrolled. Regardless of when the additional vehicle is enrolled, the expiration
date for use of that vehicle in the DCL will be the same date that the respective participant's
authorized use of the lane expires, or is otherwise revoked.
(2) Designation of POEs for PORTPASS access. The following criteria shall be used by the Service in the
selection of a POE when classifying the POE as having PORTPASS access:
(i)

The location has an identifiable group of low-risk border crossers;

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(ii) The institution of PORTPASS access will not significantly inhibit normal traffic flow;
(iii) The POE selected for access via a DCL has a sufficient number of Service personnel to perform
primary and secondary inspection functions.
(3) General eligibility requirements for PORTPASS program applicants. Applicants to PORTPASS must be
citizens or lawful permanent residents of the United States, or nonimmigrants determined to be
eligible by the Commissioner of the Service. Non-United States citizens must meet all applicable
documentary and entry eligibility requirements of the Act. Applicants must agree to furnish all
information requested on the application, and must agree to terms set forth for use of the
PORTPASS program. Use of the PORTPASS program constitutes application for entry into the United
States. Criminal justice information databases will be checked to assist in determining the
applicant's eligibility for the PORTPASS program at the time the Form I-823, Application—Alternative
Inspection Services, is submitted. Criminal justice information on PORTPASS participants will be
updated regularly, and the results will be checked electronically at the time of each approved
participant's use of PORTPASS. Notwithstanding the provisions of 8 CFR part 264, fingerprints on
Form FD-258 or in the manner prescribed by the Service may be required.
(4) Application.
(i)

Application for PORTPASS access shall be made on Form I-823, Application—Alternative
Inspection Services. Applications may be submitted during regular working hours at the
principal Port-of-Entry having jurisdiction over the Port-of-Entry for which the applicant requests
access. Applications may also be submitted by mail.

(ii) Each person seeking PORTPASS access must file a separate application.
(iii) The number of persons and vehicles which can use a DCL is limited numerically by the
technology of the system. For this reason, distribution of applications at each POE may be
limited.
(iv) Applications must be supported by evidence of citizenship, and, in the case of lawful permanent
residents of the United States, evidence of lawful permanent resident status in the United
States. Alien applicants required to possess a valid visa must present documentation
establishing such possession and any other documentation as required by the Act at the time
of the application, and must be in possession of such documentation at the time of each entry,
and at all times while present in the United States. Evidence of residency must be submitted by
all applicants. Evidence of employment may be required to be furnished by the applicant. A
current valid driver's license, and evidence of vehicle registration and insurance for the vehicle
which will be occupied by the applicant as a driver or passenger when he or she uses the DCL
or APP must be presented to the Service prior to approval of the application.
(v) A completed Form I-823 must be accompanied by the fee as prescribed in 8 CFR 103.7(d)(7).
Each PORTPASS applicant 14 years-of-age or older must complete the application and pay the
application fee. Applicants under the age of 14 will be required to complete the application, but
will not be required to pay the application fee. An application for a replacement PORTPASS card
must be made on the Form I-823, and filed with the fee prescribed in 8 CFR 103.7(d)(7). The
district director having jurisdiction over the POE where the applicant requests access may, in
his or her discretion, waive the application or replacement fee.

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(vi) If fingerprints are required to assist in a determination of eligibility at that POE, the applicant will
be so advised by the Service prior to submitting his or her application. The applicant shall also
be informed at that time of the current Federal Bureau of Investigation fee for conducting a
fingerprint check. This fee must be paid by the applicant to the Service before any processing
of the application shall occur. The fingerprint fee may be not be waived.
(vii) Each applicant must present himself or herself for an inspection and/or positive identification
at a time designated by the Service prior to approval of the application.
(viii) Each vehicle that a PORTPASS participant desires to register in PORTPASS must be inspected
and approved by the Service prior to use in the PORTPASS system. Evidence of valid, current
registration and vehicle insurance must be presented to the Service at the time the vehicle is
inspected. If the vehicle is not owned by the participant, the participant may be required to
present written permission from the registered owner authorizing use of the vehicle in the
PORTPASS program throughout the PORTPASS registration period.
(ix) An applicant, whether an occupant or driver, may apply to use more than one vehicle in the DCL.
The first vehicle listed on the Form I-823 will be designated as the applicant's primary vehicle.
The second vehicle, if not designated by another applicant as his or her primary vehicle, is
subject to the additional vehicle charge as prescribed by the Service.
(x) An application may be denied in the discretion of the district director having jurisdiction over the
POE where the applicant requests access. Notice of such denial shall be given to the applicant.
There is no appeal from the denial, but denial is without prejudice to reapplying for this or any
other Service benefit. Re-applications, or applications following revocation of permission to use
the lane, will not be considered by the Service until 90 days have passed following the date of
denial or revocation. Criteria which will be considered in the decision to approve or deny the
application include the following: admissibility to the United States and documentation so
evidencing, criminal history and/or evidence of criminality, purpose of travel, employment,
residency, prior immigration history, possession of current driver's license, vehicle insurance
and registration, and vehicle inspection.
(xi) Applications approved by the Service will entitle the applicant to seek entry via a designated
PORTPASS Program POE for a period of 2 years from the date of approval of the application
unless approval is otherwise withdrawn. An application for a replacement card will not extend
the initial period of approval.
(5) By applying for and participating in the PORTPASS program, each approved participant
acknowledges and agrees to all of the following:
(i)

The installation and/or use of, in the vehicle approved for use in the PORTPASS program, any
and all decals, devices, technology or other methodology deemed necessary by the Service to
ensure inspection of the person(s) seeking entry through a DCL, in addition to any fee and/or
monetary deposit assessed by the Service pending return of any and all such decals, devices,
technology, and other methodology in undamaged condition.

(ii) That all devices, decals, or other equipment, methodology, or technology used to identify or
inspect persons or vehicles seeking entry via any PORTPASS program remains the property of
the United States Government at all times, and must be surrendered upon request by the
Service. Each participant agrees to abide by the terms set forth by the Service for use of any
device, decal, or other equipment, method or technology.
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(iii) The payment of a system costs fee as determined by the Service to be necessary to cover the
costs of implementing, maintaining, and operating the PORTPASS program.
(iv) That each occupant of a vehicle applying for entry through PORTPASS must have current
approval from the Service to apply for entry through the PORTPASS program in that vehicle.
(v) That a participant must be in possession of any authorization document(s) issued for
PORTPASS access and any other entry document(s) as required by the Act or by regulation at
the time of each entry to the United States.
(vi) That a participant must positively identify himself or herself in the manner prescribed by the
Service at the time of each application for entry via the PORTPASS.
(vii) That each use of PORTPASS constitutes a separate application for entry to the United States by
the alien participant.
(viii) That each participant agrees to be responsible for all contents of the vehicle that he or she
occupies when using PORTPASS.
(ix) That a participant may not import merchandise or transport controlled or restricted items using
PORTPASS. The entry of any merchandise or goods must be in accordance with the laws and
regulations of all other Federal inspection agencies.
(x) That a participant must abide by all Federal, state and local laws regarding the importation of
alcohol or agricultural products or the importation or possession of controlled substances as
defined in section 101 of the Controlled Substance Act (21 U.S.C. § 802).
(xi) That a participant will be subject to random checks or inspections that may be conducted by
the Service at any time and at any location, to ensure compliance.
(xii) That current vehicle registration and, if applicable, current permission to use the vehicle in
PORTPASS, and evidence of current vehicle insurance, shall be in the vehicle at all times during
use of PORTPASS.
(xiii) Participant agrees to notify the Service if a vehicle approved for use in a PORTPASS program is
sold, stolen, damaged, or disposed of otherwise. If a vehicle is sold, it is the responsibility of the
participant to remove or obliterate any identifying device or other authorization for participation
in the program or at the time of sale unless otherwise notified by the Service. If any license
plates are replaced on an enrolled vehicle, the participant must submit a properly executed
Form I-823, without fee, prior to use of the vehicle in the PORTPASS program.
(xiv) That APP-approved participants who wish to enter the United States through a POE other than
one designated as an APP through which they may pass must present themselves for
inspection or examination by an immigration officer during normal business hours. Entry to the
United States during hours when a Port of Entry is not staffed may be made only through a POE
designated as an APP.
(b) Violation of condition of the PORTPASS program. A PORTPASS program participant who violates any
condition of the PORTPASS program, or who has violated any immigration law or regulation, or a law or
regulation of the United States Customs Service or other Federal Inspection Service, or who is otherwise
determined by an immigration officer to be inadmissible to the United States or ineligible to participate in

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PORTPASS, may have the PORTPASS access revoked at the discretion of the district director or the chief
patrol agent and may be subject to other applicable sanctions, such as criminal and/or administrative
prosecution or deportation, as well as possible seizure of goods and/or vehicles.
(c) Judicial review. Nothing in this section is intended to create any right or benefit, substantive or procedural,
enforceable in law or equity by a party against the Department of Justice, the Immigration and
Naturalization Service, their officers or any employees of the Department of Justice.
[61 FR 53831, Oct. 16, 1996. Redesignated at 62 FR 10358, Mar. 6, 1997; 68 FR 10145, Mar. 4, 2003; 85 FR 46926, Aug. 3, 2020; 89
FR 22628, Apr. 2, 2024]

§ 235.8 Inadmissibility on security and related grounds.
(a) Report. When an immigration officer or an immigration judge suspects that an arriving alien appears to be
inadmissible under section 212(a)(3)(A) (other than clause (ii)), (B), or (C) of the Act, the immigration
officer or immigration judge shall order the alien removed and report the action promptly to the district
director who has administrative jurisdiction over the place where the alien has arrived or where the
hearing is being held. The immigration officer shall, if possible, take a brief sworn question-and-answer
statement from the alien, and the alien shall be notified by personal service of Form I-147, Notice of
Temporary Inadmissibility, of the action taken and the right to submit a written statement and additional
information for consideration by the Attorney General. The district director shall forward the report to the
regional director for further action as provided in paragraph (b) of this section.
(b) Action by regional director.
(1) In accordance with section 235(c)(2)(B) of the Act, the regional director may deny any further inquiry
or hearing by an immigration judge and order the alien removed by personal service of Form I-148,
Notice of Permanent Inadmissibility, or issue any other order disposing of the case that the regional
director considers appropriate.
(2) If the regional director concludes that the case does not meet the criteria contained in section
235(c)(2)(B) of the Act, the regional director may direct that:
(i)

An immigration officer shall conduct a further examination of the alien, concerning the alien's
admissibility; or,

(ii) The alien's case be referred to an immigration judge for a hearing, or for the continuation of any
prior hearing.
(3) The regional director's decision shall be in writing and shall be signed by the regional director. Unless
the written decision contains confidential information, the disclosure of which would be prejudicial
to the public interest, safety, or security of the United States, the written decision shall be served on
the alien. If the written decision contains such confidential information, the alien shall be served with
a separate written order showing the disposition of the case, but with the confidential information
deleted.
(4) The Service shall not execute a removal order under this section under circumstances that violate
section 241(b)(3) of the Act or Article 3 of the Convention Against Torture. The provisions of part
208 of this chapter relating to consideration or review by an immigration judge, the Board of
Immigration Appeals, or an asylum officer shall not apply.

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(c) Finality of decision. The regional director's decision under this section is final when it is served upon the
alien in accordance with paragraph (b)(3) of this section. There is no administrative appeal from the
regional director's decision.
(d) Hearing by immigration judge. If the regional director directs that an alien subject to removal under this
section be given a hearing or further hearing before an immigration judge, the hearing and all further
proceedings in the matter shall be conducted in accordance with the provisions of section 240 of the Act
and other applicable sections of the Act to the same extent as though the alien had been referred to an
immigration judge by the examining immigration officer. In a case where the immigration judge ordered
the alien removed pursuant to paragraph (a) of this section, the Service shall refer the case back to the
immigration judge and proceedings shall be automatically reopened upon receipt of the notice of referral.
If confidential information, not previously considered in the matter, is presented supporting the
inadmissibility of the alien under section 212(a)(3)(A) (other than clause (ii)), (B) or (C) of the Act, the
disclosure of which, in the discretion of the immigration judge, may be prejudicial to the public interest,
safety, or security, the immigration judge may again order the alien removed under the authority of section
235(c) of the Act and further action shall be taken as provided in this section.
(e) Nonapplicability. The provisions of this section shall apply only to arriving aliens, as defined in 8 CFR 1.2.
Aliens present in the United States who have not been admitted or paroled may be subject to proceedings
under Title V of the Act.
[62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 76 FR 53790, Aug. 29, 2011]

§ 235.9 Northern Marianas identification card.
During the two-year period that ended July 1, 1990, the Service issued Northern Marianas Identification Cards to
aliens who acquired United States citizenship when the Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States entered into force on November 3, 1986. These cards
remain valid as evidence of United States citizenship. Although the Service no longer issues these cards, a United
States citizen to whom a card was issued may file Form I-777, Application for Issuance or Replacement of Northern
Marianas Card, to obtain replacement of a lost, stolen, or mutilated Northern Marianas Identification Card.
[62 FR 10359, Mar. 6, 1997]

§ 235.10 U.S. Citizen Identification Card.
(a) General. Form I-197, U.S. Citizen Identification Card, is no longer issued by the Service but valid existing
cards will continue to be acceptable documentation of U.S. citizenship. Possession of the identification
card is not mandatory for any purpose. A U.S. Citizen Identification Card remains the property of the
United States. Because the identification card is no longer issued, there are no provisions for replacement
cards.
(b) Surrender and voidance —
(1) Institution of proceeding under section 240 or 342 of the Act. A U.S. Citizen Identification Card must
be surrendered provisionally to a Service office upon notification by the district director that a
proceeding under section 240 or 342 of the Act is being instituted against the person to whom the
card was issued. The card shall be returned to the person if the final order in the proceeding does
not result in voiding the card under this paragraph. A U.S. Citizen Identification Card is automatically

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void if the person to whom it was issued is determined to be an alien in a proceeding conducted
under section 240 of the Act, or if a certificate, document, or record relating to that person is
canceled under section 342 of the Act.
(2) Investigation of validity of identification card. A U.S. Citizen Identification Card must be surrendered
provisionally upon notification by a district director that the validity of the card is being investigated.
The card shall be returned to the person who surrendered it if the investigation does not result in a
determination adverse to his or her claim to be a United States citizen. When an investigation results
in a tentative determination adverse to the applicant's claim to be a United States citizen, the
applicant shall be notified by certified mail directed to his or her last known address. The notification
shall inform the applicant of the basis for the determination and of the intention of the district
director to declare the card void unless within 30 days the applicant objects and demands an
opportunity to see and rebut the adverse evidence. Any rebuttal, explanation, or evidence presented
by the applicant must be included in the record of proceeding. The determination whether the
applicant is a United States citizen must be based on the entire record and the applicant shall be
notified of the determination. If it is determined that the applicant is not a United States citizen, the
applicant shall be notified of the reasons, and the card deemed void. There is no appeal from the
district director's decision.
(3) Admission of alienage. A U.S. Citizen Identification Card is void if the person to whom it was issued
admits in a statement signed before an immigration officer that he or she is an alien and consents to
the voidance of the card. Upon signing the statement the card must be surrendered to the
immigration officer.
(4) Surrender of void card. A void U.S. Citizen Identification Card which has not been returned to the
Service must be surrendered without delay to an immigration officer or to the issuing office of the
Service.
(c) U.S. Citizen Identification Card previously issued on Form I-179. A valid Form I-179, U.S. Citizen
Identification Card, continues to be valid subject to the provisions of this section.
[62 FR 10359, Mar. 6, 1997]

§ 235.11 Admission of conditional permanent residents.
(a) General —
(1) Conditional residence based on family relationship. An alien seeking admission to the United States
with an immigrant visa as the spouse or son or daughter of a United States citizen or lawful
permanent resident shall be examined to determine whether the conditions of section 216 of the Act
apply. If so, the alien shall be admitted conditionally for a period of 2 years. At the time of admission,
the alien shall be notified that the alien and his or her petitioning spouse must file a Form I-751,
Petition to Remove the Conditions on Residence, within the 90-day period immediately preceding the
second anniversary of the alien's admission for permanent residence.
(2) Conditional residence based on entrepreneurship. An alien seeking admission to the United States
with an immigrant visa as an alien entrepreneur (as defined in section 216A(f)(1) of the Act) or the
spouse or unmarried minor child of an alien entrepreneur shall be admitted conditionally for a period
of 2 years. At the time of admission, the alien shall be notified that the principal alien (entrepreneur)
must file a Form I-829, Petition by Entrepreneur to Remove Conditions, within the 90-day period
immediately preceding the second anniversary of the alien's admission for permanent residence.
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(b) Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the
Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be
corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if
otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but
the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if
the second anniversary of the marriage upon which the immigrant visa is based occurred after the
issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall
be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if
otherwise admissible.
(c) Expired conditional permanent resident status. The lawful permanent resident alien status of a conditional
resident automatically terminates if the conditional basis of such status is not removed by the Service
through approval of a Form I-751, Petition to Remove the Conditions on Residence or, in the case of an
alien entrepreneur (as defined in section 216A(f)(1) of the Act), Form I-829, Petition by Entrepreneur to
Remove Conditions. Therefore, an alien who is seeking admission as a returning resident subsequent to
the second anniversary of the date on which conditional residence was obtained (except as provided in §
211.1(b)(1) of this chapter) and whose conditional basis of such residence has not been removed
pursuant to section 216(c) or 216A(c) of the Act, whichever is applicable, shall be placed under removal
proceedings. However, in a case where conditional residence was based on a marriage, removal
proceedings may be terminated and the alien may be admitted as a returning resident if the required Form
I-751 is filed jointly, or by the alien alone (if appropriate), and approved by the Service. In the case of an
alien entrepreneur, removal proceedings may be terminated and the alien admitted as a returning resident
if the required Form I-829 is filed by the alien entrepreneur and approved by the Service.
[62 FR 10360, Mar. 6, 1997]

§ 235.12 Global Entry program.
(a) Program description. The Global Entry program is a voluntary international trusted traveler program
consisting of an integrated passenger processing system that facilitates the movement of pre-approved,
low-risk, air travelers by providing dedicated CBP processing at specified airports. In order to participate, a
person must meet the eligibility requirements specified in this section, apply in advance, undergo vetting
by CBP, and be accepted into the program. The Global Entry program allows participants dedicated CBP
processing at selected airports identified by CBP at www.cbp.gov. Participants in the Global Entry
program may also take advantage of certain benefits of the Secure Electronic Network for Travelers Rapid
Inspection (SENTRI) and NEXUS programs. Please see http://www.cbp.gov for additional information.
Participants will be processed through the use of CBP-approved technology that will include the use of
biometrics to validate identity and to perform enforcement queries.
(b) Program eligibility criteria —
(1) Eligible individuals. The following individuals, who hold a valid, machine-readable passport, a valid,
machine-readable U.S. Lawful Permanent Resident Card (Form I-551), or other appropriate travel
document as determined by CBP, may apply to participate in Global Entry:
(i)

U.S. citizens, U.S. nationals, and U.S. lawful permanent residents absent any of the disqualifying
factors described in paragraph (b)(2) of this section.

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(ii) Certain nonimmigrant aliens from countries that have entered into arrangements with CBP
concerning international trusted traveler programs absent any of the disqualifying factors
described in paragraph (b)(2) of this section, and subject to the conditions set forth in the
particular arrangement. Individuals from a country that has entered into such an arrangement
with CBP may be eligible to apply for participation in Global Entry only after CBP announces the
arrangement by publication of a notice in the FEDERAL REGISTER. The notice will include the
country, the scope of eligibility of nonimmigrant aliens from that country (e.g., whether only
citizens of the foreign country or citizens and non-citizens are eligible) and other conditions
that may apply based on the terms of the arrangement. CBP may change or terminate these
arrangements without prior notice to the public, but will announce such actions as soon as
practicable on www.globalentry.gov and by publication of a notice in the FEDERAL REGISTER.
(iii) Persons under the age of 18 who meet the eligibility criteria of paragraph (b)(1)(i) or (ii) of this
section must have the consent of a parent or legal guardian to participate in Global Entry and
provide proof of such consent in accordance with CBP instructions.
(2) Disqualifying factors. An individual is ineligible to participate in Global Entry if CBP, at its sole
discretion, determines that the individual presents a potential risk for terrorism, criminality (such as
smuggling), or is otherwise not a low-risk traveler. This risk determination will be based in part upon
an applicant's ability to demonstrate past compliance with laws, regulations, and policies. Reasons
why an applicant may not qualify for participation include:
(i)

The applicant provides false or incomplete information on the application;

(ii) The applicant has been arrested for, or convicted of, any criminal offense or has pending
criminal charges or outstanding warrants in any country;
(iii) The applicant has been found in violation of any customs, immigration, or agriculture
regulations, procedures, or laws in any country;
(iv) The applicant is the subject of an investigation by any federal, state, or local law enforcement
agency in any country;
(v) The applicant is inadmissible to the United States under applicable immigration laws or has, at
any time, been granted a waiver of inadmissibility or parole;
(vi) The applicant is known or suspected of being or having been engaged in conduct constituting,
in preparation for, in aid of, or related to terrorism; or
(vii) The applicant cannot satisfy CBP of his or her low-risk status or meet other program
requirements.
(c) Participating airports. The Global Entry program allows participants dedicated CBP processing at the
locations identified at www.cbp.gov. Expansions of the Global Entry program to new airports will be
announced by publication in the FEDERAL REGISTER and at www.cbp.gov.
(d) Program application.
(1) Each applicant must complete and submit the program application electronically through an
approved application process as determined by CBP. The application and application instructions for
the Global Entry program are available at www.globalentry.gov.

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(2) Except for certain minors, all applicants must pay the non-refundable fee in the amount set forth at 8
CFR 103.7(d)(13) for “Global Entry.” Minors under the age of 18 who apply to the Global Entry
program concurrently with a parent or legal guardian, or whose parent or legal guardian is already a
participant of Global Entry, are exempt from payment of the applicable fee. The fee is to be paid to
CBP at the time of application through the online TTP System, which can be found through
www.cbp.gov, or other CBP-approved process.
(3) Every applicant accepted into Global Entry is accepted for a period of 5 years provided participation
is not terminated by CBP prior to the end of the 5-year period. Each applicant may apply to renew
participation up to one year prior to the close of the participation period.
(4) Each applicant may check the status of his or her application through his or her account with the
application system in use for Global Entry.
(e) Interview and enrollment.
(1) After submitting the application, conditionally approved applicants will be notified by CBP that they
need to undergo a personal interview.
(2) Each applicant must bring to the interview with CBP the original of the identification document
specified in his or her application. During the interview, CBP will collect biometric information from
the applicant (e.g., a set of ten fingerprints and/or digital photograph) to conduct background checks
or as otherwise required for participation in the program.
(3) CBP may provide for alternative enrollment procedures, as necessary, to facilitate enrollment and
ensure an applicant's eligibility for the program.
(f) Valid machine-readable passport or valid lawful permanent resident card. Each participant must possess a
valid, machine-readable passport, a valid, machine-readable U.S. Lawful Permanent Resident Card (Form
I-551), or other appropriate travel document as determined by CBP.
(g) Arrival procedures. In order to utilize the Global Entry program, each participant must:
(1) Proceed to Global Entry Processing and follow all CBP instructions; and
(2) Proceed to the nearest open primary inspection station if CBP determines it is appropriate.
(h) Application for entry, examination, and inspection. Each successful use of Global Entry constitutes a
separate and completed inspection and application for entry by the participant on the date that Global
Entry is used. Global Entry participants may be subject to further CBP examination and inspection at any
time during the arrival process.
(i)

Pilot participant enrollment. Upon implementation of the Global Entry Program, participants in the Global
Entry pilot will be automatically enrolled in the Global Entry Program for 5 years from the date of
enrollment in the pilot.

(j)

Denial and removal.
(1) If an applicant is denied participation in Global Entry, CBP will notify the applicant of the denial, and
the reasons for the denial. CBP will also provide instructions regarding how to proceed if the
applicant wishes to seek additional information as to the reason for the denial.
(2) A Global Entry participant may be removed from the program for any of the following reasons:

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(i)

8 CFR 235.12(j)(2)(i)

CBP, at its sole discretion, determines that the participant has engaged in any disqualifying
activities under the Global Entry program as outlined in § 235.12(b)(2);

(ii) CBP, at its sole discretion, determines that the participant provided false information in the
application and/or during the application process;
(iii) CBP, at its sole discretion, determines that the participant failed to follow the terms, conditions
and requirements of the program;
(iv) CBP, at its sole discretion, determines that the participant has been arrested or convicted of a
crime or otherwise no longer meets the program eligibility criteria; or
(v) CBP, at its sole discretion, determines that such action is otherwise necessary.
(3) CBP will notify the participant of his or her suspension or removal in writing. Such suspension or
removal is effective immediately.
(4) An applicant or participant denied or removed will not receive a refund, in whole or in part, of his or
her application processing fee.
(k) Redress. An individual whose application is denied or who is removed from the program has two possible
methods of redress. These processes do not create or confer any legal right, privilege or benefit on the
applicant or participant, and are wholly discretionary on the part of CBP. The methods of redress are:
(1) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/participant may choose to initiate
the redress process through DHS Traveler Redress Program (DHS TRIP). An applicant/participant
seeking redress may obtain the necessary forms and information to initiate the process on the DHS
TRIP website, or by contacting DHS TRIP by mail at the address on the DHS TRIP website.
(2) Ombudsman. Applicants (including applicants who were not scheduled for an interview at an
enrollment center) and participants may contest a denial or removal by submitting a reconsideration
request to the CBP Trusted Traveler Ombudsman through the online TTP System or other CBPapproved process.
[77 FR 5690, Feb. 6, 2012, as amended at 85 FR 46926, Aug. 3, 2020; 89 FR 22628, Apr. 2, 2024]

§ 235.13 U.S. Asia-Pacific Economic Cooperation Business Travel Card Program.
(a) Description. The U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card Program is a
voluntary program designed to facilitate travel for bona fide U.S. business persons engaged in business in
the APEC region and U.S. government officials actively engaged in APEC business within the APEC region.
Participants will receive a U.S. APEC Business Travel Card that will enable them access to fast-track
immigration lanes at participating airports in foreign APEC member economies. In order to obtain a U.S.
APEC Business Travel Card, an individual must meet the eligibility requirements specified in this section,
apply in advance, pay any requisite fee and be approved as a card holder. The APEC member economies
are identified at http://www.apec.org.
(b) Program eligibility criteria —
(1) Eligible individuals. An individual is eligible for the U.S. APEC Business Travel Card if he or she is:
(i)

A U.S. citizen;

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(ii) An existing member in good standing of a CBP trusted traveler program or approved for
membership in a CBP trusted traveler program during the application process described in
paragraph (c) of this section. For the purpose of this section only, “trusted traveler program” is
defined as a voluntary program of the Department that allows U.S. Customs and Border
Protection to expedite clearance of pre-approved, low-risk travelers arriving in the United States;
and
(iii) A bona fide U.S. business person engaged in business in the APEC region or U.S. Government
official actively engaged in APEC business.
(A) “APEC business” means U.S. government activities that support the work of APEC.
(B) A “bona fide business person engaged in business in the APEC region” means a person
engaged in the trade of goods, the provision of services, or the conduct of investment
activities in the APEC region. Professional athletes, news correspondents, entertainers,
musicians, artists or persons engaged in similar occupations are not considered to be
bona fide business persons engaged in business in the APEC region.
(2) Conditions regarding the use of the U.S. APEC Business Travel Card.
(i)

The U.S. APEC Business Travel Card is not transferable and may be used only by the U.S. APEC
Business Travel Card holder and not by anyone else including the card holder's spouse or child.

(ii) The U.S. APEC Business Travel Card can be used only if the card holder is traveling solely for
business purposes to a foreign APEC member economy and is not engaging in paid
employment in the foreign APEC member economy.
(c) Application process.
(1) Each applicant must complete and submit an application electronically through the Global Entry
Enrollment System (GOES) or other applicable process as determined by CBP. The application and
application instructions for the card are available as an add-on to the CBP trusted traveler
application at www.globalentry.gov.
(2) Each applicant must certify that he or she is an existing member in good standing in a CBP trusted
traveler program or that he or she has submitted an application to a CBP trusted traveler program;
that he or she is a bona fide U.S. business person engaged in business in the APEC region or U.S.
Government official actively engaged in APEC business; and, that he or she is not a professional
athlete, news correspondent, entertainer, musician, artist or person engaged in a similar occupation.
(3) Each applicant must provide his or her signature so that the signature will appear on the face of the
card.
(4) If the applicant is not a member of a CBP trusted traveler program, the applicant must concurrently
apply for membership in a CBP trusted traveler program and be approved for such membership.
Applicants for a CBP trusted traveler program must have an in-person interview, undergo a vetting
process and pay the relevant CBP trusted traveler fee. Active membership in a CBP trusted traveler
program is necessary for the entire duration of the U.S. APEC Business Travel Card. If membership in
the CBP trusted traveler program is set to lapse before the U.S. APEC Business Travel Card expires,
the individual must renew his or her CBP trusted traveler membership prior to its expiration date in
order to retain membership in the U.S. APEC Business Travel Card Program.

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(5) Each applicant must pay a non-refundable fee in the amount set forth at 8 CFR 103.7(d)(14) for “U.S.
Asia-Pacific Economic Cooperation (APEC) Business Travel Card” at the time of application. The fee
is to be paid to CBP at the time of application through the Federal Government's on-line payment
system, Pay.gov or other CBP-approved process.
(6) The U.S. APEC Business Travel Card is valid for a period of five years or until the expiration date of
the card holder's passport if that is earlier, provided that membership is not terminated by CBP prior
to the end of this period. CBP can terminate use of the U.S. APEC Business Travel Card if the card
holder is no longer a member of a CBP trusted traveler program or if the individual is not compliant
with the program requirements. Each applicant may apply to renew the card prior to its expiration.
(d) Expedited entry privileges. The U.S. APEC Business Travel Card will enable card holders access to a
dedicated fast-track lane for expedited immigration processing at participating airports in foreign APEC
member economies.
(e) Entry requirements. U.S. APEC Business Travel Card holders must present any travel or identity
documentation, such as a passport and visa, required by the foreign APEC member economies.
(f) Denial and removal.
(1) If an applicant is denied a U.S. APEC Business Travel Card, CBP will notify the applicant of the denial,
and the reasons for the denial. CBP will also provide instructions regarding how to proceed if the
applicant wishes to seek additional information as to the reason for the denial.
(2) A U.S. APEC Business Travel Card holder may be removed from the U.S. APEC Business Travel Card
Program if CBP determines at its sole discretion that:
(i)

The U.S. APEC Business Travel Card holder provided false information in the application and/or
during the application process;

(ii) The U.S. APEC Business Travel Card holder failed to follow the terms, conditions and
requirements of the program (including continued active membership in a CBP trusted traveler
program);
(iii) The U.S. APEC Business Travel Card holder has been arrested or convicted of a crime or
otherwise no longer meets the program eligibility criteria; or
(iv) Such action is otherwise necessary.
(3) CBP will notify the U.S. APEC Business Travel Card holder of his or her removal in writing. Such
removal is effective immediately.
(4) A U.S. APEC Business Travel Card applicant or a U.S. APEC Business Travel Card holder who is
denied or removed will not receive a refund, in whole or in part, of the application fee.
(g) Redress. An individual whose application is denied or whose participation is terminated has two possible
methods of redress. These processes do not create or confer any legal right, privilege, or benefit on the
applicant or participant, and are wholly discretionary on the part of CBP. The methods of redress are:
(1) Enrollment center. If the applicant or participant applied concurrently for the U.S. APEC Business
Travel Card and a CBP trusted traveler program, the applicant or participant may contest his or her
denial or removal by writing to the enrollment center where that individual's CBP trusted traveler
program interview was conducted. If the applicant or participant was already a member of a CBP
trusted traveler program, the applicant or participant may contest his or her denial or removal by
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8 CFR 235.13(g)(2)

writing to the enrollment center where that individual's signature was collected for the U.S. APEC
Business Travel Card. The enrollment center addresses are available at www.globalentry.gov,
http://www.globalentry.gov/nexus.html and http://www.globalentry.gov/sentri.html. The letter must be
received by CBP within 30 calendar days of the date provided as the date of removal. The individual
should write on the envelope “Redress Request RE: U.S. APEC Business Travel Card.” The letter
should address any facts or conduct listed in the notification from CBP as contributing to the denial
or removal and why the applicant or participant believes the reason for the action is invalid. If the
applicant or participant believes that the denial or removal was based upon inaccurate information,
the individual should also include any reasonably available supporting documentation with the letter.
After review, CBP will inform the individual of its redress decision. If the individual's request for
redress is successful, the individual's eligibility to be a U.S. APEC Business Travel Card holder will
continue immediately.
(2) Ombudsman. Applicants and participants may contest a denial or removal by writing to the CBP
Trusted Traveler Ombudsman at the address listed on the Web site www.globalentry.gov.
[79 FR 27174, May 13, 2014, as amended at 81 FR 84415, Nov. 23, 2016; 84 FR 27707, June 14, 2019; 85 FR 46926, Aug. 3, 2020]

§ 235.14 SENTRI program.
(a) Program description. The Secure Electronic Network for Travelers Rapid Inspection (SENTRI) trusted
traveler program is a voluntary program that allows certain pre-approved, low-risk travelers dedicated
processing at specified land border ports along the U.S.-Mexico border. In order to participate, a person
must meet the eligibility requirements specified in this section, apply in advance, undergo vetting by CBP,
and be accepted into the program. A SENTRI participant will be issued a Radio Frequency Identification
(RFID) card or other CBP-approved document that grants the individual access to specific, dedicated
primary lanes (SENTRI lanes). These lanes are identified at http://www.cbp.gov. A SENTRI participant may
utilize a vehicle in the dedicated SENTRI lanes into the United States from Mexico only if the vehicle is
approved by CBP for such purpose. Participants in the SENTRI program may also be able to take
advantage of certain benefits of the Global Entry and NEXUS programs. Please see http://www.cbp.gov for
additional information.
(b) Program eligibility criteria —
(1) Eligible individuals. Any individual may apply to participate in the SENTRI program absent any of the
disqualifying factors described in paragraph (b)(2) of this section. Persons under the age of 18 must
have the consent of a parent or legal guardian to participate in the SENTRI program and provide
proof of such consent in accordance with CBP instructions.
(2) Disqualifying factors. An individual is ineligible to participate in the SENTRI program if CBP, at its sole
discretion, determines that the individual presents a potential risk for terrorism, criminality (such as
smuggling), or CBP is unable to establish that the applicant can be considered low-risk. This risk
determination will be based in part upon an applicant's ability to demonstrate past compliance with
laws, regulations, and policies. Reasons why an applicant may not qualify for participation include:
(i)

The applicant provides false or incomplete information on his or her application;

(ii) The applicant has been arrested for, or convicted of, any criminal offense or has pending
criminal charges or outstanding warrants in any country;

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(iii) The applicant has been found in violation of any customs, immigration, or agriculture
regulations, procedures, or laws in any country;
(iv) The applicant is the subject of an investigation by any Federal, State or local law enforcement
agency in any country;
(v) The applicant is inadmissible to the United States under applicable immigration laws or has, at
any time, been granted a waiver of inadmissibility or parole;
(vi) The applicant is known or suspected of being or having been engaged in conduct constituting,
in preparation for, in aid of, or related to terrorism; or
(vii) The applicant cannot satisfy CBP of his or her low-risk status or meet other program
requirements.
(c) Program application.
(1) Each applicant must complete and submit the program application electronically through an
approved application process as determined by CBP. The application and application instructions for
the SENTRI program are available at www.cbp.gov.
(2) During the application process, an applicant must provide information on any vehicle that will utilize
the SENTRI lanes. The vehicle must be approved by CBP to utilize the dedicated SENTRI lanes.
Registration of one vehicle for use in the SENTRI lanes is included in the application fee provided the
vehicle is registered at the time of initial application or at renewal. If any vehicle is registered after
the initial application or renewal is filed, or if an applicant or participant wishes to register more than
one vehicle for use in the SENTRI lanes, they will be assessed an additional fee in the amount set
forth at 8 CFR 103.7(d)(16). The fee is to be paid to CBP at the time the vehicle is registered through
the online TTP System, which can be found at www.cbp.gov, or other CBP-approved process.
(3) Except for certain minors, all other applicants must pay the non-refundable fee in the amount set
forth at 8 CFR 103.7(d)(16) for the “SENTRI program”. Minors under the age of 18 who apply
concurrently with a parent or legal guardian, or whose parent or legal guardian is already a
participant of SENTRI, are exempt from payment of the applicable fee. The fee is to be paid to CBP
at the time of application through the TTP System or other CBP-approved process.
(4) Every applicant accepted into the SENTRI program is accepted for a period of 5 years provided
participation is not terminated by CBP prior to the end of the 5-year period. Each applicant may apply
to renew participation up to one year prior to the close of the participation period.
(5) Each applicant may check the status of his or her application through his or her account with the
application system in use for the SENTRI program.
(d) Interview and enrollment.
(1) After submitting the application, conditionally approved applicants will be notified by CBP to
schedule a personal interview.
(2) Each applicant must provide CBP the original of the identification document specified in his or her
application. During the interview, CBP will collect biometric information from the applicant (e.g., a set
of fingerprints and/or digital photograph) to conduct background checks or as otherwise required for
participation in the program.

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8 CFR 235.14(d)(3)

(3) CBP may provide for alternative enrollment procedures, as necessary, to facilitate enrollment and
ensure an applicant's eligibility for the program.
(e) SENTRI lanes. A SENTRI participant is issued a Radio Frequency Identification (RFID) card or other CBPapproved document. This RFID card or other CBP-approved document will grant the participant access to
specific, dedicated primary lanes into the United States from Mexico (SENTRI lanes). These lanes are
identified at http://www.cbp.gov. A SENTRI participant may utilize a vehicle in the dedicated SENTRI lanes
into the United States from Mexico only if the vehicle is approved by CBP for such purpose.
(f) Denial and removal.
(1) If an applicant is denied participation in the SENTRI program, or an applicant's or participant's vehicle
is not approved for use in the SENTRI lanes, CBP will notify the applicant of the denial, and the
reasons for the denial. CBP will also provide instructions regarding how to proceed if the applicant
wishes to seek additional information as to the reason for the denial.
(2) A SENTRI participant may be removed from the program for any of the following reasons:
(i)

CBP, at its sole discretion, determines that the participant has engaged in any disqualifying
activities as outlined in paragraph (b)(2) of this section;

(ii) CBP, at its sole discretion, determines that the participant provided false information in the
application and/or during the application process;
(iii) CBP, at its sole discretion, determines that the participant failed to follow the terms, conditions
and requirements of the program;
(iv) CBP determines that the participant has been arrested or convicted of a crime or otherwise
determines, at its sole discretion, that the participant no longer meets the program eligibility
criteria; or
(v) CBP, at its sole discretion, determines that such action is otherwise necessary.
(3) CBP will notify the participant of their removal from the program in writing. Such removal is effective
immediately.
(4) An applicant or participant denied or removed will not receive a refund, in whole or in part, of his or
her application fee.
(g) Redress. An individual whose application is denied or who is removed from the program or whose vehicle
is not approved for use in the program has two possible methods for redress. These processes do not
create or confer any legal right, privilege, or benefit on the applicant or participant, and are wholly
discretionary on the part of CBP. The methods of redress are:
(1) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/participant may choose to initiate
the redress process through DHS TRIP. An applicant/participant seeking redress may obtain the
necessary forms and information to initiate the process on the DHS TRIP website, or by contacting
DHS TRIP by mail at the address on this website.
(2) Ombudsman. Applicants and participants may contest a denial or removal from the program by
submitting a reconsideration request to the CBP Trusted Traveler Ombudsman through the TTP
System or other CBP-approved process.
[89 FR 22629, Apr. 2, 2024]
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8 CFR 235.15

§ 235.15 Inadmissible aliens and expedited removal during emergency border circumstances.
(a) Applicability. Notwithstanding §§ 235.3(b)(2)(i) and 235.3(b)(4)(i) (but not § 235.3(b)(4)(ii)), the
provisions of this section apply to any alien described in § 235.3(b)(1)(i) through (ii) if the alien is
described in § 208.13(g) and is not described in section 3(b) of the Presidential Proclamation of June 3,
2024, as defined in 8 CFR 208.13(h).
(b) Expedited removal.
(1) [Reserved]
(2) Determination of inadmissibility —
(i)

Record of proceeding.
(A) A noncitizen who is arriving in the United States, or other alien as designated pursuant to §
235.3(b)(1)(ii), who is determined to be inadmissible under section 212(a)(6)(C) or
212(a)(7) of the Act (except an alien for whom documentary requirements are waived
under § 211.1(b)(3) or § 212.1 of this chapter) shall be ordered removed from the United
States in accordance with section 235(b)(1) of the Act. In every case in which the
expedited removal provisions will be applied and before removing an alien from the United
States pursuant to this section, the examining immigration officer shall create a record of
the facts of the case and statements made by the alien.
(B) The examining immigration officer shall advise the alien of the charges against him or her
on Form I-860, Notice and Order of Expedited Removal, and the alien shall be given an
opportunity to respond to those charges. After obtaining supervisory concurrence in
accordance with § 235.3(b)(7), the examining immigration official shall serve the alien
with Form I-860 and the alien shall sign the form acknowledging receipt. Interpretative
assistance shall be used if necessary to communicate with the alien.

(ii)-(iii) [Reserved]
(3) [Reserved]
(4) Claim of asylum or fear of persecution or torture.
(i)

If an alien subject to the expedited removal provisions manifests a fear of return, or expresses
an intention to apply for asylum or protection, expresses a fear of persecution or torture, or
expresses a fear of return to his or her country or the country of removal, the inspecting officer
shall not proceed further with removal of the alien until the alien has been referred for an
interview by an asylum officer in accordance with part 208 of this chapter.
(A) The inspecting immigration officer shall document whether the alien has manifested or
affirmatively expressed such intention, fear, or concern.
(B) The referring officer shall provide the alien with a written disclosure describing the
purpose of the referral and the credible fear interview process; the right to consult with
other persons prior to the interview and any review thereof at no expense to the United
States Government; the right to request a review by an immigration judge of the asylum
officer's credible fear determination; and the consequences of failure to establish a
credible fear of persecution or torture.

(ii) [Reserved]
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8 CFR 235.15(c)

(c)-(f) [Reserved]
(g) Severability. The Department intends that in the event that any provision of paragraphs (a), (b)(2)(i), and
(b)(4) of this section, § 208.35, or the Presidential Proclamation of June 3, 2024, as defined in 8 CFR
208.13(h), is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance,
the provisions of this section and § 208.35 should be construed so as to continue to give the maximum
effect to those provisions permitted by law, unless such holding is that a provision is wholly invalid and
unenforceable, in which event the provision should be severed from the remainder of this section and the
holding should not affect the remainder of this section or the application of the provision to persons not
similarly situated or to dissimilar circumstances.
[89 FR 48770, June 7, 2024, as amended at 89 FR 81285, Oct. 7, 2024]

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