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.FEDERAL REGISTER

Thursday, J a n u a ry 9, 1958
b The employee may answer per sonally, or in writing, or both personally and in writing. The right to answer per sonally includes the right to answer orally in person but does not include the right to a trial or formal hearing with examination of witnesses.

163

TITLE 8 ALIENS AND
NATIONALITY

1 Decisions of district directors on petitions filed in accordance with section 204 or 214 c of the Immigration and Nationality Act or section 4 b 2 B
of the act of September 11, 1957, or from decisions revoking the approval of such petitions in accordance with section 206
of the Immigration and Nationality Act, as provided in Parts 204, 205, 214h, and 206 of this chapter;
2 Decisions of district directors on applications for consent to reapply for admission to the United States under section 212 a of the Immigration and Nationality Act and on applications for waiver of excludable grounds under sec tion 5 or 7 of the act of September 11, 1957, filed by a visa applicant outside the United States, as provided in Part 212 of this chapter;

Chapter I Immigration and Natural ization Service, Department of Justice
P art 9Authority op Commissioner , R egional C ommissioners, and Assist
ant C ommissioners
Secs. 11, 19, 58 Stat. 390, 391, as amended;
5 U. S. C. 860, 868
U nited S tates Civil S erv ice C ommission , seal W m. C. H ull ,
Executive Assistant.
tF. R. Doc. 58-190; Filed, Jan. 8, 1958;
8:49 a. m.

Miscellaneous Amendments
to
C hapter
Reference is made to the notice of pro posed rule making which was published in the F ederal R egister of November 26, 1957 22 F. R. 9433, pursuant to sec tion 4 of the Administrative Procedure Act 60 Stat. 238; 5 U. S. C. 1063 and in which there was set out in full the terms of proposed amendments to Parts 2, 7, and 9, Chapter I, Title 8 of the Code of Federal Regulations, implementing the act of September 11, 1957. Repre sentations which were received concern ing the proposed rules have been con sidered. The proposed rules have been amended by not requiring the payment of a fee for filing an application for ad justment of status pursuant to section 9
or 13 of the act of September 11, 1957, by an alien who has paid the fee for filing an application for preexamination.
The amendatory regulations, as set out below, are hereby adopted.
P art 2S ervice R ecords : F ees Section 2.5 is amended by adding a new item at the end thereof, so that, when taken with the introductory ma terial, it will read as follows:
2.5 Fees for service, documents, pa vers, and records not specified in the Immigration and Nationality Act. In addition to the fees enumerated in sec tions 281 and 344 of the Immigration and Nationality Act, the following fees and charges are prescribed:

For filing application for adjustment of status pursuant to section 9 or 13
Lthe act September 11, 1957.
it 6 ee nt be required of an a lie n who has paid the fee for filing an application for preexamination _ $25.00
P art 7R egional C ommissioners :
Appeals Subparagraphs 1 and 2 of pan
tfaph a of 7.1 are amended, so tha taken with the introductory ms renal, they will read as follows:
7.1 R e g io n a l commissioners a PPeZZate jurisdiction. Appeals shall lie R e g i o n a l commissioners from the
Paragraphs e and aa of 9.5a are amended, so that, when taken with the introductory material, they will read as follows:
9.5a Authority of Regional Com missioners. The powers, privileges, and duties conferred or imposed upon officers or employees of the Service under this chapter with respect to the followingdescribed matters are hereby conferred or imposed upon the regional com missioners :

e Applications for consent to apply or reapply because inadmissible to the United States under paragraph 16 or 17 of section 212 a of the Immigra tion and Nationality Act and applications for waiver of excludable grounds under section 5 or 7 of the act of September 11, 1957, as provided in Part 212 of this chapter..

aa Adjustment of status to persons admitted for permanent residence as provided in section 245 of the Immigra tion and Nationality Act, section 9 or 13
of the act of September 11, 1957, and Part 245 of this chapter.
Sec. 5oi, 65 Stat. 290, sec. 103, 66 Stat. 173;
5 U. S. C. 140, 8 U. S. C. 1103

The basis and purpose of the aboveprescribed regulations are to implement the act of September 11,. 1957.
This order shall become effective on the date of its publication in the F ederal R egister . Compliance with requirements of section 4 c of the Administrative Procedure Act relating to delayed effec tive date is unnecessary and would serve no useful purpose in this instance be cause the persons affected by the regula tions prescribed will not require addi tional time to prepare for the effective date of the regulations.
Dated: January 2, 1958.
W illiam P. R ogers,
Attorney General.
Recommended: December 20, 1957.
J . M. S wing ,
Commissioner of Immigration and Naturalization.
IF. R. Doc. 58-148; Filed, Jan. 8, 1958;
8:45 a. m.

M iscellaneous A mendments
to
Chapter
Reference is made to the notice of proposed rule making which was pub lished in the F ederal R egister of October 31, 1957 22 F. R. 8787 and in which there was set out in full the terms of pro posed amendments to Parts 205, 212, 245, 263, 264, 299, and 322, Chapter I, Title 8
of the Code of Federal Regulations, im plementing the act of September 11,1957.
Representations which were received concerning the proposed rules have been considered. The proposed rules have been amended. The amendatory regula tions, as set out below, are hereby adopted. In addition, the first sentence of 8 CFR 235a. 1 has been amended.
P art 205P etition for I mmigrant S ta tus as R elative of U nited izen , L awful R esident E ligible O rphan
S tates C it
Alien , or
1. The part heading of Part 205Peti tion for Immigrant Status as Relative of United States Citizen or Lawful Resident Alien is amended to read as set forth above.
2. Section 205.2 is added to read as follows:
205.2 Eligible orphan. A petition by a United States citizen and spouse under section 4 b 2 B of the act of September 11, 1957, shall be filed on Form 1-600. The petitioners shall be no tified of the decision and, if the petition is denied, of the reasons therefor and of their right to appeal within 10 days from the receipt of such notification in ac cordance with Part 7 of this chapter.
P art 212Documentary R equirements :
N onimmigrants; W aivers; A dmission of C ertain I nadmissible Alien s ; P arole
Section 212.7 is added to read as fol lows:
212.7 Waiver of certain grounds of excludability, a An alien who is ex cludable and seeks a waiver under sec tion 5 or 7 of the act of September 11, 1957, shall file an application on Form 1-601 at the consular office considering the application for a visa for transmittal to the Service for decision. The appli cant shall be notified of the decision and, if the application is denied, of the rea sons therefor and of his right to appeal within 10 days from the receipt of such notification in accordance with Part 7 of this chapter.
b An alien who Is excludable and seeks a waiver under section 6 of the act of September 11,1957, shall file an appli cation on Form 1-601 at . the consular office considering the application for a visa and shall establish, among other things, that if required he will be hos pitalized upon admission into the United States and will remain so hospitalized until the United States Public Health Service approves his discharge, and thereafter submit to such examinations, treatment, isolation, and medical regime as the United States Public Health Serv ice shall direct; shall furnish an affidavit from a sponsor or other responsible in dividual that financial arrangements for his care have been made, and a state ment from a hospital or sanatorium, rec ognized by the United States Public