Code of Federal Regulations Title 8 - Aliens and Nationality
Title 8 of the Code of Federal Regulations (CFR), titled "Aliens and Nationality," is the foundational set of rules and regulations issued by various federal agencies regarding immigration, naturalization, and citizenship in the United States. It contains the detailed procedures and requirements for implementing the Immigration and Nationality Act (INA), which is the primary body of U.S. immigration law.
Key Agencies and Their Roles within 8 CFR:
Title 8 primarily comprises regulations from two major federal entities:
Chapter I: Department of Homeland Security (DHS): This chapter covers the vast majority of regulations related to immigration and nationality, as the Department of Homeland Security (DHS) is now the primary agency responsible for immigration enforcement and services. Within DHS, several key components issue regulations under Title 8, including:
U.S. Citizenship and Immigration Services (USCIS): Responsible for processing immigrant (green card) and nonimmigrant (visa) petitions, naturalization applications, asylum and refugee applications, and other immigration benefits. Many parts within 8 CFR address USCIS procedures, such as:
Part 103: Immigration Benefit Requests; USCIS Filing Requirements; Biometric Requirements; Availability of Records.
Part 204: Immigrant Petitions (e.g., family-based, employment-based).
Part 207: Admission of Refugees.
Part 208: Procedures for Asylum and Withholding of Removal.
Part 209: Adjustment of Status of Refugees and Aliens Granted Asylum.
Part 212: Documentary Requirements: Nonimmigrants; Waivers; Admission of Certain Inadmissible Aliens; Parole.
Part 214: Nonimmigrant Classes (detailing requirements for various visa types like H-1B, F-1, L-1, O-1, etc.).
Part 216: Conditional Basis of Lawful Permanent Residence Status (for spouses and entrepreneurs).
Part 240: Voluntary Departure, Suspension of Deportation and Special Rule Cancellation of Removal.
Part 245: Adjustment of Status to Lawful Permanent Resident.
Parts 300-343: Naturalization and Citizenship (including eligibility, application procedures, and the oath of allegiance).
U.S. Immigration and Customs Enforcement (ICE): Responsible for enforcing immigration laws within the U.S. interior, including detentions, removals (deportations), and investigations. Relevant parts include:
Part 235: Inspection of Persons Applying for Admission.
Part 236: Apprehension and Detention of Inadmissible and Deportable Aliens; Removal of Aliens Ordered Removed.
Part 274a: Control of Employment of Aliens (related to Form I-9, employer sanctions).
U.S. Customs and Border Protection (CBP): Responsible for securing the borders and ports of entry.
Chapter V: Executive Office for Immigration Review (EOIR), Department of Justice (DOJ): This chapter primarily contains regulations governing immigration court proceedings and appeals.
Part 1001: Definitions.
Part 1003: Executive Office for Immigration Review (rules regarding the Board of Immigration Appeals and the Immigration Courts).
Part 1208: Procedures for Asylum and Withholding of Removal (complementing DHS rules, specifically on how these cases are adjudicated in immigration court).
Part 1212: Documentary Requirements: Nonimmigrants; Waivers; Admission of Certain Inadmissible Aliens; Parole (EOIR's role in waivers).
Part 1240: Proceedings to Determine Removability of Aliens (covering removal proceedings, voluntary departure, etc., in immigration court).
Part 1292: Representation and Appearances (rules for attorneys and accredited representatives in immigration court and before the BIA).
What Title 8 CFR Covers Broadly:
In essence, Title 8 CFR covers nearly every aspect of the U.S. immigration system, including:
Definitions: Basic terminology used throughout immigration law.
Immigrant Visas (Green Cards): Eligibility categories (family-based, employment-based, diversity lottery), petitioning processes, adjustment of status (applying for a green card from within the U.S.), and consular processing (applying from abroad).
Nonimmigrant Visas: Requirements for temporary visitors, students, workers, exchange visitors, and other nonimmigrant categories.
Asylum and Refugee Status: Procedures for applying for and granting protection to individuals fleeing persecution.
Enforcement: Rules related to inspection at ports of entry, apprehension, detention, and removal proceedings.
Naturalization: Eligibility requirements, application procedures, and the oath of allegiance for becoming a U.S. citizen.
Fees: Schedules for various immigration applications and services.
Appeals: Procedures for appealing decisions made by immigration officers or immigration judges.
Employer Responsibilities: Rules for verifying employment eligibility (Form I-9) and preventing the hiring of unauthorized workers.
Special Programs: Regulations for specific programs like Temporary Protected Status (TPS), Violence Against Women Act (VAWA) self-petitions, and U/T visas for victims of crime/trafficking.
Given the dynamic nature of immigration law, Title 8 CFR is frequently updated through rule changes published in the Federal Register. Legal professionals and individuals dealing with immigration matters must consult the most current version of the e-CFR (Electronic Code of Federal Regulations) for the most accurate information.
RELATED Blog
0 comments