Eligible person.

§ 212.3 Eligible person. In order to establish that an individual is an eligible person, it must be found that: (a) He is a citizen of the United States or a dependent of a citizen of the United States; (b) A written statement has been transmitted to the Administration by an authorized official of the Department of State containing information which identifies him as having returned, or been brought, from a foreign country to the United States because of the destitution of the citizen of the United States, or the illness of such citizen or any of his dependents, or because of war, threat of war, invasion, or similar crisis. Such statement shall, if possible, incorporate or have attached thereto, all available pertinent information concerning the individual. In case of war, threat of war, invasion, or similar crisis, a determination by the Department of State that such a condition is the general cause for the return of citizens of the United States and their dependents from a particular foreign country, and evidence that an individual has returned, or, been brought, from such country to the United States shall be considered sufficient identification of the reason for his return to, or entry into the United States; and (c) He is without resources immediately accessible to meet his needs. [39 FR 26548, July 19, 1974, as amended at 60 FR 19864, Apr. 21, 1995]