8 CFR § 215.7 - Instructions from the Administrator required in certain cases.

---
identifier: "/us/cfr/t8/s215.7"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 215.7 - Instructions from the Administrator required in certain cases."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "215.7"
section_name: "Instructions from the Administrator required in certain cases."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "215"
part_name: "CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES; ELECTRONIC VISA UPDATE SYSTEM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "6 U.S.C. 202(4), 236; 8 U.S.C. 1101, 1103, 1104, 1184, 1185 (pursuant to Executive Order 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1357, 1365a and note, 1365b, 1379, 1731-32; and 8 CFR part 2."
regulatory_source: "45 FR 65516, Oct. 3, 1980, unless otherwise noted."
cfr_part: "215"
---


# 215.7 Instructions from the Administrator required in certain cases.

In the absence of appropriate instructions from the Administrator of the Bureau of Security and Consular Affairs, departure-control officers shall not exercise the authority conferred by § 215.2 in the case of any alien who seeks to depart from the United States in the status of a nonimmigrant under section 101(a)(15) (A) or (G) of the Immigration and Nationality Act, or in the status of a nonimmigrant under section 11(3), 11(4), or 11(5) of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (61 Stat. 756): *Provided,* That in cases of extreme urgency, where the national security so requires, a departure-control officer may preliminarily exercise the authority conferred by § 215.2 pending the outcome of consultation with the Administrator, which shall be undertaken immediately. In all cases arising under this section, the decision of the Administrator shall be controlling: *Provided,* That any decision to prevent the departure of an alien shall be based upon a hearing and record as prescribed in this part.