Mexican and Canadian Nonresident Alien Border Crossing Cards

SUMMARY: This rule proposes to amend the Immigration and Naturalization

Service (Service) regulations by revising the guidelines to clarify and

standardize procedures for the application and issuance of border

crossing cards to citizens and residents of Mexico or Canada, or

British subjects residing permanently in Canada who wish to enter the

United States for business or pleasure. This proposed rule promotes

uniformity and clarity in the application requirements, decision-making

process, and issuance of entry documents, while enhancing effective and

efficient border enforcement within the border crossing card program.

DATES: Written comments must be submitted on or before April 8, 1996.

ADDRESSES: Please submit written comments, in triplicate, to the Policy

Directives and Instructions Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307, Washington, DC 20536. To ensure

proper and timely handling please reference INS No. 1390-92 on your

correspondence.

FOR FURTHER INFORMATION CONTACT: Michael T. Jaromin, Assistant Chief

Inspector, Inspections Division, Immigration and Naturalization

Service, 425 I Street, NW., Room 7228, Washington, DC 20536, Telephone

(202) 514-3275.

SUPPLEMENTARY INFORMATION:

Nonresident Alien Mexican Border Crossing Card

The Nonresident Alien Border Crossing Card, Form I-586 (BCC), is a

document of identity issued by the Service at land border Ports-of-

Entry (POEs) along the United States and Mexican border to accommodate

Mexican nationals residing in the border area. Prevailing United States

statutes and regulations require that Mexican nationals be in

possession of valid travel documents to prove identity and nationality

when applying for admission to the United States. To meet these

requirements, the BCC is issued as a service to eligible Mexican

citizens who are residents of Mexico for the purpose of facilitating

their entry into the United States. A BCC may be used as the sole entry

document by a Mexican citizen seeking to enter the United States for

business (B-1) or pleasure (B-2) across a land border, or it may be

presented in lieu of a B-1/B-2 nonimmigrant visa by a Mexican citizen

seeking to enter the United States as a temporary visitor for business

or pleasure at POEs other than land border crossings. A BCC holder

entering the United States at a southern land border POE who will

remain within 25 miles of the Mexican border for 72 hours or less

requires no other immigration documentation. A BCC holder who wishes to

remain in the United States for longer than 72 hours, or to travel

beyond the 25-mile limit, must request permission. Depending on the

circumstances of the request, Form I-444 (Mexican Border Visitors

Permit) will be issued, or the person's visit to the United States will

be controlled by issuing Service Form I-94. Form I-444 conveys

permission to remain in the United States for up to 30 days and to

travel anywhere within the states of Arizona, California, Nevada, New

Mexico or Texas. Form I-94 is used to authorize entry to the United

States beyond these states, or for longer periods of time. A BCC holder

must remain a resident of Mexico to be eligible to retain and use the

card.

The service first began issuing the current Form I-586 BCC in 1980.

The previous version of the BCC, Nonresident Alien Mexican Border

Crossing Card, Form I-186 BCC, is still in circulation and serves the

same purpose. A Form I-186 BCC in the possession of the rightful

cardholder remains valid until revoked or voided, and may be replaced

by Form I-586 BCC if it becomes lost, stolen or mutilated, or if the

applicant requests a new card for other reasons, such as a name change.

The current Form I-586 has a 10 year validity.

When the Service originally began issuing BCCs in the early 1950's

the BCCs were issued sparingly and with an expiration date. Over the

years, an erosion in the original stringent standards for BCC issuance

and a lack of uniformity in issuance procedures from one POE to another

have resulted in a large expenditure of time and effort in the

detection of mala fide applicants and the revocation of BCCs that have

been misused or fraudulently obtained. In Fiscal Year 1993, nearly

25,000 BCCs were intercepted by the Service after issuance for reasons

of fraud, counterfeiting, alteration, use by impostors, and other

improper use.

The lack of uniformity in issuance procedures has been raised

periodically over the years. The changes to the Mexican BCC issuance

procedures proposed in this rule were recommended at a border crossing

card workshop comprised of representatives from Service Headquarters

and the Service's Regional Offices, who determined that current

regulations should be amended to strengthen and clarify the border

crossing card application process. Additional suggestions came from

field offices involved in issuance of the BCC.

Requirements and Procedures for Issuance

The documentary evidence necessary for the adjudication of a BCC is

similar to that required for a nonimmigrant visa filed at an American

Consulate in Mexico. The specific evidentiary requirements may be found

at 8 CFR 212.6(b). The purpose of this documentation is to establish

that the applicant is a Mexican citizen, has a domicile in Mexico which

he or she has no intention of abandoning, and is likely to have

adequate funds to pay for all expenses during any proposed visits to

the United States. The applicant for a BCC must also meet the

definition of a visitor for business or a visitor for pleasure as

defined in section 101(a)(15)(B) of the Immigration and

[[Page 4375]]

Nationality Act (Act). Section 214(b) of the Act also provides that

these conditions be met before issuance of an entry document.

Currently, the documents accepted and standards used in the

issuance of the BCC vary widely in different areas, causing

inconsistencies in the ability to obtain the benefit, and frequent

interception and revocation of BCCs that have been misused or

fraudulently obtained. This rule proposes to clarify the standards for

issuance of border crossing cards by providing a list of documentary

evidence that the applicant may present to a Service officer to

establish residence and economic solvency. The list of evidence is

comprehensive enough to allow for flexibility on the part of both the

applicant and the adjudicating officer, and includes documents that may

be accepted as primary as well as secondary evidence.

Insufficient personnel resources, seasonal fluctuations in

vehicular and pedestrian traffic, and uneven distribution of

application workload have all contributed to increased waiting times

for appointments, adjudication of applications, and issuance of BCCs.

To help alleviate the increased waiting period for BCC applicants, this

rule proposes to expedite the process by providing guidelines for

issuance of temporary border crossing documents to applicants who have

no prior violations and who appear to meet all requirements for

issuance.

The BCC is intended for use by Mexicans living in the immediate

border area who are frequent crossers. Because of the disparity in

population concentration in Mexican border states, it is difficult to

uniformly define the term ``border area'' for purposes of determining

who may apply for a BCC at a Port-of-Entry. Currently, some POEs accept

applications from residents of area far distant from the border,

resulting in overwhelming workload and diversion of staff from the

primary function of inspecting vehicular and pedestrian traffic, which

is a mandatory, statutory duty that must take precedence over BCC

issuance. In attempting to obtain an equitable distribution of

workload, neither limiting nor unduly burdening any particular

district, the Service conducted a survey of Service districts along the

Mexican border for their opinions concerning the distance into Mexico

from which to accept applications. Since population distribution varies

so greatly, this rule proposes to set a maximum geographical

jurisdiction for acceptance of BCC applications by Service districts

based upon the corresponding Mexican state boundaries. It also allows

some discretion on the part of the district director to account for

population concentrations along the border, by permitting further

limitation or subdivision within that area. One example of this

discretion might be for a district director to limit applications for

BCCs to Mexican citizens living within a specified number of miles from

the border. Another example might be for the district director to

specify which of several Ports-of-Entry will accept applications,

according to the place of residence in Mexico.

Canadian Nonresident Alien Border Crossing Card

The Form I-185, Nonresident Alien Canadian Border Crossing Card

(CBCC), is an identity document intended to facilitate the entry into

the United States of certain Canadian citizens, and British subjects

who are lawful permanent residents of Canada. Since the passport and

visa requirements are waived by regulation for Canadian citizens and

British subjects residing in Canada when crossing the United States-

Canadian border, the CBCC is generally issued to an eligible applicant

who is inadmissible to the United States pursuant to section 212(a) of

the Act, and who has been granted a waiver of that inadmissibility

pursuant to section 212(d)(3)(B) of the Act. According, the CBCC acts

as evidence of a permanent waiver of inadmissibility for the holder of

the document, because the CBCC currently is valid until revoked.

Current regulations relating to the issuance of CBCCs are included

in the provisions for issuance of Mexican BCCs. The proposed regulatory

language segregates the provisions of issuance of the two documents and

separately addresses issues relating to use of the BCC and CBCC,

procedures for application, and procedures and grounds for denial.

Variances in application procedures are in part made necessary due to

differing documentary requirements for entry to the United States for

Mexican nationals and Canadian nationals. Additionally, the volume of

applications for the BCC far exceeds that of the CBCC. The proposed

rule also proposes an expiration date.

The CBCC has traditionally been used by individuals seeking entry

as B-1 or B-2 visitors for business or pleasure. While use of the CBCC

for entry is not restricted to these nonimmigrant categories, the

proposed language specifically includes entry in any nonimmigrant

classification for which a visa is not required. This language will

allow the holder of a CBCC to seek entry in all nonimmigrant categories

except E (Treaty Trader/Investor) and K (Fiance/Fiancee), and will

serve to facilitate the entry of business persons and thereby comport

with provisions of the North American Free Trade Agreement (NAFTA).

The current regulation contains no provision for denial of an

application made on Form I-175, Application for Non-Resident Alien's

Canadian Border Crossing Card. The proposed rule addresses both the

procedural and substantive aspects of denial of Form I-175. No form is

currently in use for denial of Form I-175. The proposed rule allows for

denial to be made by letter from the district director, thereby

precluding the need for distribution of a new form. No appeal from a

denial will be available. In cases where a waiver of excludability has

been denied, or where the waiver is valid for a restricted number of

entries, the proposed rule provides that the Form I-175 application for

a CBCC shall also be denied. When restrictions have been placed on the

waiver, the district director has the discretion to deny issuance of

the CBCC.

As stated previously, the CBCC is currently valid until revoked or

voided. The proposed rule provides for a change in the term of validity

of the CBCC and allows for issuance of a card valid for a maximum

period of 10 years. Aliens who presently submit Form I-192, Application

for Advance Permission to Enter as Nonimmigrant (for advance permission

to enter as nonimmigrants) are issued waiver forms valid for 6 months

to 1 year. Regulations at 8 CFR 212.4(c) allow for such waivers, if

granted in conjunction with issuance of a CBCC, to be valid for the

validity period of the border crossing card. The proposed rule will

allow for periodic review of the cases of those aliens who have applied

for and been granted CBCCs. Limiting the period of validity for the

CBCC is consistent with the Service practice of limiting validity of

other similar identity documents.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in

accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by approving it, certifies that the rule

will not have a significant economic impact on a substantial number of

small entities because of the following factors: The BCCs and CBCCs are

applied for by individuals, not small entities; and, the rule simply

codifies policies and procedures that have been in place for

[[Page 4376]]

many years, imposing no additional burden on applicants or small

entities.

Executive Order 12866

This rule is not considered by the Department of Justice,

Immigration and Naturalization Service, to be a ``significant

regulatory action'' under Executive Order 12866, section 3(f),

Regulatory Planning and Review, and the Office of Management and Budget

has waived its review process under section 6(a)(3)(A).

Executive Order 12612

The regulations proposed herein will not have substantial direct

effects on the States, on the relationship between the National

Government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this rule

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Paperwork Reduction Act

The information collection requirements contained in this rule have

been cleared by the Office of Management and Budget under the

Provisions of the Paperwork Reduction Act. Clearance numbers for these

collection are contained in 8 CFR 299.5, Display of Control Numbers.

List of Subjects

8 CFR Part 212

Administrative practice and procedure, Aliens, Immigration,

Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 264

Aliens, Registration and fingerprinting, Reporting and

recordkeeping requirements.

Accordingly, chapter I of title 8 of the Code of Federal

Regulations is proposed to be amended as follows:

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;

ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

1. The authority citation for part 212 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,

1226, 1227, 1228, 1252; and 8 CFR part 2.

2. Section 212.6 is amended by:

a. Revising paragraphs (a) and (b);

b. Removing paragraphs (c) and (f); and by

c. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d)

respectively, to read as follows:

Sec. 212.6 Nonresident alien border crossing cards.

(a) Mexican. (1) Use of Nonresident Alien Border Crossing Cards.

The rightful holder of a Nonresident Alien Mexican Border Crossing

Card, Form I-186, or Nonresident Alien Border Crossing Card, Form I-

586, applying for admission from contiguous territory as a visitor for

business or as a visitor for pleasure, may be admitted under

Sec. 235.1(f) and (g) of this chapter if found otherwise admissible.

Persons in possession of Form I-186 may continue its use because it

serves the same purpose as the Form I-586, which is the card currently

issued. The Form I-186 remains valid until revoked or voided, and may

be replaced by Form I-586 if it becomes lost, stolen or mutilated, or

if the applicant requests a new card. An alien in possession of Form I-

186 or Form I-586 seeking entry as a visitor for business or pleasure

must also present a valid passport and shall be issued Form I-94 if the

alien is applying for admission from:

(i) A country other than Mexico or Canada, or

(ii) Canada if the alien has been in a country other than the

United states or Canada since leaving Mexico.

(2) Application. A citizen of Mexico must apply for a nonresident

border crossing card on Form I-190, Application for Nonresident Alien

Mexican Border Crossing Card. To be considered a complete application,

the Form I-190, Application must be accompanied by:

(i) Evidence of Mexican citizenship in the form of a valid,

unexpired Mexican international passport or a valid Mexican Form 13;

(ii) Three color photographs with a white or off-white background.

The photographs must be glossy or matte finish, unretouched, and not

mounted. The dimensions of the facial image must be approximately 1

inch from the chin to the top of the hair and from the left cheek to

the right ear, and the applicant must be shown in a \3/4\ frontal view

showing the right side of the face with both the right ear and left eye

visible; and,

(iii) Proof that the applicant has a foreign residence abroad which

he or she has no intention of abandoning. Proof includes but is not

limited to evidence of economic solvency and established residence in

Mexico for a minimum period of the past 6 months immediately prior to

the date of the applicant's interview.

(A) Primary evidence of employment or economic solvency. Evidence

of employment or economic solvency may consist of but is not limited

to: pay checks, salary stubs, or an original pay receipt list (no

photocopies) where the employee signed for salary for a minimum period

of the last 6 months, or evidence of business ownership and current

local government business licenses, and local, state, and Federal tax

receipts for the current year. An applicant who is not self-supporting

must be accompanied at the time of applicant's interview by the person

providing support, or the applicant must provide sufficient documentary

proof of support, as previously described, on behalf of the person

providing support. In cases where an applicant claims to be married to

the person providing support, his or her marriage certificate must be

presented.

(B) Secondary evidence of economic solvency (to overcome

deficiencies in primary evidence). Evidence may consist of but is not

limited to: current bank statements or transactions showing continuous

solvency for a minimum period of the last 6 months immediately prior to

the date of interview, or if the applicant is a member of the Mexican

Social Security Health Plan, the most recent payment receipt and/or

recent identification showing current membership, showing economic

solvency.

(C) Primary evidence of residence abroad. If an applicant is

renting his or her residence, evidence may consist of but is not

limited to: rent receipts, utility receipts, or a rental agreement

bearing the applicant's name. If an applicant is the property owner of

his or her residence, evidence may consist of the residential property

deed, utility receipts for the claimed place of residence bearing the

applicant's name, or current property tax receipts. When an applicant

resides with relatives, the officer may accept evidence of residence in

the relative's name if the residential relationship is established to

the satisfaction of the adjudicating officer.

(d) Other forms of secondary evidence of residence abroad which may

be accepted. Evidence may consist of but is not limited to: a manifest

of acreage farmed signed by the Secretary of Agriculture with an

official seal from the local government, a letter from the Municipal

Inspector of Cattle stating the size of an applicant's herd and/or

evidence of brand registration, identification card indicating

applicant is a cattle rancher or farmer, bookkeeping records,

postmarked correspondence, and, if a student, school records. If

applying for a border

[[Page 4377]]

crossing card during the summer vacation, a student's previous school

year documents and evidence of intention to enroll for the following

school year are required.

(3) Submission of Form I-190. (i) Form I-190, Application for Non-

Resident Alien's Mexican Border Crossing Card, shall be properly

completed and submitted in accordance with Sec. 212.6(a)(3)(ii) of this

part to an immigration officer at a southern land border Port-of-Entry.

(ii) Only residents of the border states in Mexico are eligible to

file Form I-190 with an immigration officer at a southern land border

Port-of-Entry. District directors may also, at their discretion,

further subdivide their area of jurisdiction among specific Port-of-

Entry within a district, or further limit the area from which Mexican

residents may apply. These limitations may include, but are not

restricted to, accepting applications only from residents of a specific

municipality with a Mexican border state, or from Mexican nationals

residing within a specific distance from the border. The maximum

geographical jurisdiction for acceptance of applications for a border

crossing card at a Port-of-Entry shall be divided as follows:

(A) The San Diego District may only accept applications from

residents of the State of Baja California;

(B) The Phoenix District may only accept applications from

residents of the State of Sonora;

(C) The El Paso District may only accept applications from

residents of the State of Chihuahua;

(D) The San Antonio District may only accept applications from

residents of the States of Coahuila, Nuevo Leon, and the city of Nuevo

Laredo;

(E) The Harlingen District may only accept applications from

residents of the States of Nuevo Leon and Tamaulipas.

(iii) An applicant who does not reside within this designated

border area in Mexico must apply to the American consulate having

jurisdiction over his or her place of residence for a nonimmigrant visa

or Border Crossing Card.

(4) Interview. Each applicant, regardless of age, must appear in

person for an interview concerning eligibility for a nonresident alien

border crossing card. However, the district director may waive the

interview requirement for children under 6 years of age where the

parent(s) or legal guardian(s) have a Border Crossing Card.

(5) Denial of Form I-190. If the applicant cannot demonstrate that

he or she has a foreign residence which he or she has no intention of

abandoning, his or her application for a border crossing card shall be

denied. If the application is denied, the applicant shall be given a

written notice of denial and the reasons for the denial. There is no

appeal form the denial of the Form I-586. The applicant is not

precluded form filing a new application, however, the applicant may not

submit a subsequent application for a border crossing card to the

Service for at least 180 days.

(6) Issuance of temporary card. Prior to the interview with an

applicant, the Service will complete appropriate database inquiries for

each applicant over the age of 14. Following adjudication by an

immigration officer, if the application is approved, a temporary

document shall be issued using the third copy of the Form I-190. A

photo of the applicant shall be affixed to the temporary document, with

the admission stamp partially covering the photo. A scheduled date for

pick up of the Form I-586 BCC shall also be stamped on the form. The

temporary document shall be issued for a specified period of time in

increments to be determined by the district director, based on the

current timeframe needed for card production and mailing from the

Immigration Card Facility. However, the district director may decline

to issue a temporary document if the timeframe for card production and

mailing from the Immigration Card Facility is 30 calendar days or less.

(7) Validity. The Form I-586 BCC shall be valid for 10 years from

the date of issuance or until revoked or voided by the service.

Notwithstanding any expiration date which may appear thereon, Form I-

186 BCC is valid until revoked or voided. Any Form I-186 BCC or Form I-

586 BCC issued to a minor child must be surrendered within 30 days of

the child attaining the age of 14 years, and a new Form I-586 BCC may

be issued bearing the holder's signature and fingerprint upon

submission of a new Form I-190, without fee, and evidence of continued

eligibility.

(b) Canadian. (1) Use of Nonresident Alien Canadian Border Crossing

Card, Form I-185. Any Canadian citizen or lawful permanent resident

(landed immigrant) of Canada having a common nationality with nationals

of Canada, may use Form I-185 CBCC for entry at a United States Port-

of-Entry. Entry may be made in any nonimmigrant classification which

does not require prior issuance of a visa pursuant to Sec. 212.1.

(2) Application. A citizen of Canada or a lawful permanent resident

of Canada having a common nationality with nationals of Canada must

apply for a non-resident alien border crossing card on Form I-175,

Application for Nonresident Alien's Canadian Border Crossing Card, in

duplicate. To be considered a complete application, the Form I-175 must

be accompanied by the following:

(i) Evidence of Canadian citizenship, or if a permanent resident of

Canada, evidence of valid landed immigrant status and evidence of

having common nationality with nationals of Canada;

(ii) Proof that the applicant has a foreign residence abroad which

he or she has no intention of abandoning;

(iii) Three color photographs with a white or off-white background.

the photographs must be glossy or matte finish, unretouched, and not

mounted The dimensions of the facial image must be approximately 1 inch

from the chin to the top of the hair and from the left cheek to the

right ear, and the applicant must be shown in a \3/4\ frontal view

showing the right side of the face with both the right ear and left eye

visible; and,

(iv) A fee as prescribed in Sec. 103.7(b)(1) of this chapter.

(v) Additionally, those applicants who are seeking issuance of Form

I-185 to function as a waiver of inadmissibility shall submit, in

conjunction with Form I-175, a completed Form I-192, Application for

Advance Permission to Enter as a Nonimmigrant, and all required

documentation pursuant to Sec. 212.4 of this chapter.

(3) Submission of Form I-175. Form I-175 shall be properly

completed and submitted to an immigration officer at a Canadian border

Port-of-Entry located within the district having jurisdiction over the

applicant's residence or intended Port-of-Entry.

(4) Denial of Form I-175. In the case of an applicant seeking a

waiver of inadmissibility, Form I-175 shall be denied in each case in

which the accompanying Form I-192 is denied. In the case of an

applicant for whom a Form I-192 has been approved for a restricted

number of entries, Form I-175 shall be denied. In the case of an

applicant for whom a Form I-192 has been approved for multiple entries,

Form I-175 may be denied at the discretion of the district director if

the waiver is the first such waiver granted to the applicant, or if the

waiver order contains any restrictions or limitations on the alien's

entry. If the Form I-175 application is denied, the applicant shall be

given written notice of and the reasons for the denial by letter form

the district director. There is no appeal from the denial of Form I-

175, but the denial is without prejudice to a subsequent

[[Page 4378]]

application for admission to the United States. The applicant is not

precluded from filing a new application, however, the applicant may not

submit a subsequent application for a border crossing card to the

Service for at least 180 days.

(5) Issuance of Form I-185. Following approval of Form I-175, each

applicant is required to appear in person for issuance of Form I-185,

Nonresident Alien Canadian Border Crossing Card.

(6) Validity. Form I-185 shall be valid for 10 years from date of

issuance, or until revoked or voided.

* * * * *

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED

STATES

3. The authority citation for part 264 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.

4. In Sec. 264.1, paragraph (b) is amended by adding in proper

numerical sequence the entry for Form ``I-586'', to read as follows:

Sec. 264.1 Registration and fingerprinting.

* * * * *

(b) * * *

* * * * *

I-586, Nonresident Alien Border Crossing Card--Citizens of Mexico

residing in Mexico.

* * * * *

5. Section 264.4 is revised to read as follows:

Sec. 264.4 Application to replace a Nonresident Alien Border Crossing

Card.

Pursuant to Sec. 212.6(d) of this chapter, an application for a

replacement Nonresident Alien Canadian Border Crossing Card must be

filed on Form I-175, and an application for a replacement Nonresident

Alien Border Crossing Card for Mexican citizens must be filed on Form

I-190. A fee for the filing of either Form I-175 or Form I-190, as

prescribed in Sec. 103.7(b) of this chapter, must be submitted at the

time of application.

Dated: December 10, 1995.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 96-2453 Filed 2-5-96; 8:45 am]

BILLING CODE 4410-10-M