[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1211.4]

[Page 948-949]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1211_DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS--Table of Contents
 
Sec. 1211.4  Waiver of documents for returning residents.

    Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR 
part 2.

    Editorial Note: Nomenclature changes to part 1211 appear at 68 FR 
9846, Feb. 28, 2003.


    (a) Pursuant to the authority contained in section 211(b) of the 
Act, an alien previously lawfully admitted to the United States for 
permanent residence who, upon return from a temporary absence was 
inadmissible because of failure to have or to present a valid passport, 
immigrant visa, reentry permit, border crossing card, or other document 
required at the time of entry, may be granted a waiver of such 
requirement in the discretion of the district director if the district 
director determines that such alien:
    (1) Was not otherwise inadmissible at the time of entry, or having 
been otherwise inadmissible at the time of entry is with respect thereto 
qualified for an exemption from deportability under section 237(a)(1)(H) 
of the Act; and
    (2) Is not otherwise subject to removal.
    (b) Denial of a waiver by the district director is not appealable 
but shall be

[[Page 949]]

without prejudice to renewal of an application and reconsideration in 
proceedings before the immigration judge.

[62 FR 10346, Mar. 6, 1997. Duplicated from Sec. 211.4 at 68 FR 9835, 
Feb. 28, 2003]