This rule amends the Immigration and Naturalization Service (the Service) regulations to permit district directors, in individual cases, to waive nonimmigrant visa or passport requirements under section 212(d)(4)(A) of the Immigration and Nationality Act (the Act), if satisfied that a nonimmigrant alien is unable to present these documents because of an unforeseen emergency. The rule clarifies that carriers are liable for fines imposed under section 273 of the Act for bringing nonimmigrants to the United States who do not have a valid passport or nonimmigrant visa, or border crossing identification card, even if a waiver of these documents is granted by the district director at the time of admission into the United States. This change was necessary to conform the language of the regulations with the statutory provision that imposes fine liability on a carrier which transports an alien to the United States without the proper documentation.
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