This rule makes a technical correction to the Immigration and Naturalization Service (Service) regulations that govern the documentary requirements for immigrants and corresponding waivers. The regulations at 8 CFR 211.1(b)(3) permit District Directors, in individual cases, to waive the inadmissibility of aliens seeking admission for permanent residence or as returning residents who fail to present the appropriate travel documents. This rule will clarify that aliens granted waivers pursuant to 8 CFR 211.1(b)(3) are not exempt from the visa requirement, and that carriers remain liable for fines imposed under section 273(a) of the Act for bring these aliens to the United States, even if the District Director grants a waiver of inadmissibility to the alien at the time of admission into the United States as a returning resident. This change is necessary to conform the language of the regulations with the statutory authority which exists to impose a fine when an alien is transported to the United States without the proper documentation.
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