Need to study this a little:
https://www.law.cornell.edu/cfr/text/31/515.329
especially section (b)
Thanks CMAC51
https://www.law.cornell.edu/cfr/text/31/515.330
So as easy as changing:
(2) Any person actually within the United States;
to read:
(2) Any person legally within the United States;
Would that do it?