Sec. PART 26-REGISTRY OF ALIENS SUBSEQUENT TO ENTRY INTO THE UNITED STATES Sec. 26.1 Application; where filed; execu- 26.9 Lawful admission verified; protion; fee. cedure. 26.2 Examination; what to be deter- 26.10 Preparation of record; procedure where entry occurred after Authorization, procedure thereafter; denial, procedure thereafter. 26.12 Photographs; certificate; delivery. 26.13 Replacement of certificate lost or mutilated. 26.14 Legal effect. 26.15 Cancelation when procured improperly; surrender of certificate. 26.8 Examination; how conducted; re- 26.16 Cancelation; criminal prosecuport and recommendation. tion. Section 26.1 Application; where filed; execution; fee. Application for registry will be made in duplicate on Form 659 to the Commissioner of Immigration and Naturalization and will be submitted either in person or by mail to the immigration and naturalization office located nearest to the applicant's place of residence. The application must be signed and sworn to before an officer authorized to administer oaths, and must bear notarial seal, or other evidence of authority to administer oaths. The application must be accompanied by a postal or express money order, in the sum of ten dollars ($10), "Payable to the Commissioner of Immigration and Naturalization." Cash will not be accepted. The money order, accompanied by the original of the application, will immediately upon its receipt be transmitted to the officer in charge of the district who will forward forthwith same to the Central Office. When the application is received the immigration and naturalization office will advise the applicant of the date when and the place where he may be heard upon his application.*t (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27A-1] *§§ 26.1 to 26.16, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. †The source of §§ 26.1 to 26.16, inclusive, (except for the amendment and supplemental documents noted in text,) is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 26.2 Examination; what to be determined. The examination upon an application for registry must determine whether the following facts exist: (a) that the applicant is an alien not ineligible to citizenship; (b) that there is no record of admission for permanent residence; (c) that he entered the United States prior to June 3, 1921; (d) that he has resided in the United States continuously since such entry; (e) that he is a person of good moral character; and (f), that he is not subject to deportation.*t (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-2] Page 108 **For statutory and source citations, see note to § 26.1. 26.3 Date of entry defined; verification of lawful entry. The entry upon which the application is based means the date the applicant first entered the United States, establishing a permanent residence therein, provided that subsequent to that date there has been no absence which would break the continuity of the applicant's residence in the United States, as defined in § 26.6. Where it be found that the continuity of the alien's residence has been broken, the application will be based on the date the applicant re-entered the United States after such an absence. Where the applicant claims to have entered in a lawful manner at a regular port of entry it will be the duty of the examining officer promptly to attempt to verify such entry.* (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-3, Im. R. & Regs., as amended by G.O. 242, Jan. 23, 1937, 2 F.R. 163] 26.4 Evidence; manner of presentation. An applicant claiming that he entered the United States prior to June 3, 1921, and that he has resided in the United States continuously since entry, shall be required to support, if possible, his claim of residence by the sworn statements of at least two credible witnesses, preferably United States citizens, together with such documentary evidence as he may possess or can secure. Employment records, rent receipts, etc., showing the applicant's presence in the United States, are to be preferred to affidavits. While the law requires that an applicant show continuous residence in the United States from the date of original entry, the important factor is to show that the alien has resided continuously in the United States since prior to June 3, 1921. Where witnesses are located within a reasonable distance of an immigration office, whether the particular office is the one with which the application is filed or some other immigration office, or the place where the applicant is to be heard, such witnesses shall be required to appear in person. Where in the establishment of an applicant's claim, it is considered necessary that witnesses be heard at an office other than the one with which the application is filed, the office receiving the application shall notify the office concerned, which office in turn shall arrange for the examination of the witnesses, forwarding the record of such examination to the office from which notice was received. If the applicant's claim to entry and continuous residence embraces a residence in more than one place, he shall be required to establish his claim by the testimony or affidavits of two qualified witnesses in each place of residence. Only where it is impracticable for witnesses to appear because of remoteness, disability, or other sufficient cause shall their affidavits be accepted in lieu of personal appearance. What constitutes remoteness, disability, or other sufficient cause is necessarily left to the discretion of the officer in charge within the confines of whose territory the witnesses are located.* (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-4] 26.5 Seamen; verification of discharge or desertion. Where an applicant for registry claims to have been discharged as a seaman, or to have deserted his vessel, an effort should be made to verify his claim by having a search made of the crew list and report of changes in crews.*† (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-5] **For statutory and source citations, see note to § 26.1. Page 109 26.6 Continuous residence; burden of proof; factors considered. Where the applicant has absented himself from the United States subsequent to the date of the entry upon which his application is based, it shall be incumbent upon him to show that such absence did not break the continuity of his residence in the United States. In determining whether continuous residence in the United States has been broken, consideration will be given to the applicant's intention and purpose in absenting himself, and to his activities while so absent. (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-6] 26.7 Good moral character; manner of ascertainment; deportable aliens; procedure. In seeking to determine whether an applicant is a person of good moral character the examining inspector will ascertain, so far as possible, sources from which information relative thereto may be obtainable, and thereafter make such inquiries or conduct or cause to be conducted such investigations as may be appropriate. If it appears that an applicant is deportable, the case will be handled in the usual manner.** (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-7] 26.8 Examination; how conducted; report and recommendation. The examination of the applicant and witnesses will be made under oath, in question and answer form, and will be conducted in such manner as to develop the truth or falsity of all the statements contained in the application and supporting affidavits, if any. When all the evidence is in, the examining inspector making the investigation will prepare a report of findings as to each of the six essential facts, followed by appropriate comment and recommendations, and reasons therefor. The statement will include what the persons said, or at least the substance of their statements, instead of merely giving the inspector's conclusions.** (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-8] 26.9 Lawful admission verified; procedure. In a case where the lawful admission of an applicant for registry is verified, the applicant shall be examined sufficiently only to determine his identity with the person covered by the verification and to ascertain his subsequent movements. This being done, the record will be forwarded to the Central Office without further investigation, accompanied by the appropriate findings and recommendation.*t (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-9] 26.10 Preparation of record; procedure where entry occurred after June 2, 1921. The complete record will be forwarded to the head of the district, who will prepare the record of registry, Form 657, in duplicate, with photographs permanently affixed thereto. This officer will then transmit the entire record to the Central Office, except that when the date of entry upon which an application is based is shown to be on or after June 3, 1921, the application, together with the fee, shall be returned to the applicant with appropriate explanation, instead of being forwarded to the Central Office.*t (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-10] 26.11 Authorization, procedure thereafter; denial, procedure thereafter. If the Commissioner of Immigration and Naturaliza Page 110 **For statutory and source citations, see note to § 26.1. tion is satisfied from the showing made that the applicant is entitled to registry, he will authorize the same by approving and sending the original of the record of registry, Form 657, to the head of the district wherein entry occurred, which latter officer will accomplish registration by making such document a part of the records of the port through or nearest to which the alien entered the United States. The duplicate of the record of registry will be turned over to the Central Office for filing. If place of entry was in a district other than that in which the application originated the officer in charge of the district of origin will, nevertheless, be advised of the action taken. If upon the showing finally made, the Commissioner of Immigration and Naturalization is not satisfied that the applicant is entitled to registry, the application will be denied, the head of the district wherein the application originated so advised, and the fee refunded.** (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-11] 26.12 Photographs; certificate; delivery. In all cases where the application is granted a certificate of registry, Form 658, will be issued to the applicant. Therefore, in forwarding the record of examination two photographs of the applicant size 2 by 2 inches, the distance from the top of head to point of chin to be approximately 114 inches, taken from the same negative, not retouched or mounted, representing applicant without hat and showing full front view, and signed by the applicant across the front in such a manner as not to obscure the features, must be submitted. The certificate of registry will be mailed to the head of the district, who will transmit same to the office which made the examination. Before delivery the certificate will be signed by applicant in the presence of an immigrant inspector, who will likewise sign it. If the applicant resides at a considerable distance from the immigration office, the certificate shall be signed by an immigrant inspector and forwarded to the postmaster at the applicant's place of residence, with the request to the postmaster to have the applicant call for the certificate. The postmaster shall be requested to have the applicant sign the certificate in his presence, secure a receipt, Form 656, therefor, and mail it to the remitting office for filing.* (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-12] 26.13 Replacement of certificate lost or mutilated. If a certificate of registry issued to an alien under §§ 26.1-26.12 is unavoidably lost, destroyed, or badly mutilated, application for a duplicate may be made to the Central Office, through the officer in charge of the district wherein the alien resides. Affidavit in duplicate, containing photograph of the applicant, and reciting the circumstances of the loss or destruction of the certificate should be submitted, and if duplicate certificate is sought because of mutilation of the original, the latter must be forwarded with the application. The officer in charge of the district will forward the original of the affidavit with appropriate recommendation to the Central Office with two photographs of the alien of the size prescribed in § 26.12, taken from the same negative, not retouched or mounted, representing the applicant without hat, and showing full front view, and signed by the alien across the front in such a manner as not to obscure the features. If the application for a duplicate certificate is granted, **For statutory and source citations, see note to § 26.1. the Page 111 alien should upon delivery of the duplicate certificate be advised that if the certificate said to have been lost or destroyed is later found, it must be delivered to an immigration officer. When so delivered it will be forwarded to the Central Office for proper disposition.*† (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-13] 26.14 Legal effect. The record of registry is to be treated for all purposes as a record of lawful permanent admission.*t (Sec. 3, 45 Stat. 1513; 8 U.S.C. 106c) [27-A-14] 26.15 Cancelation when procured improperly; surrender of certificate. If at any time after the record of registry has been made, evidence is obtained indicating that said record was procured through fraud or misrepresentation, a complete report will be immediately submitted to the Central Office with appropriate comment and recommendation. If the Commissioner of Immigration and Naturalization is satisfied that the record was so procured, he will cancel, ab initio, the record of registry. If and when the record has been canceled, the alien shall be requested to surrender the certificate of registry. (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106a) [27-A-15] 26.16 Cancelation; criminal prosecution. In cases of cancelation on the ground of fraud or misrepresentation, all the facts material thereto will be presented to the United States attorney, or his assistant, for appropriate action under subdivision (c) of section 1 of the act of March 2, 1929*+ (Sec. 1, 45 Stat. 1512; 8 U.S.C. 106 (c)) [27-A-16] PART 27-ATTORNEYS AND OTHER REPRESENTATIVES Sec. 27.1 Admission to practice. 27.2 Appearances. 27.3 Use of record. Sec. 27.4 Limitation of fees. Section 27.1 Admission to practice. It shall be requisite to the admission of attorneys or counselors to practice before the Department or any immigration station or office that they shall be attorneys in good standing in the courts of the State, Territory, or insular possession to which they respectively belong. Any person not an attorney or counselor at law who desires to appear in a representative capacity in behalf of any alien shall be a person of good character and reputation.**++ [28-A-1] **§§ 27.1 to 27.5, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. The source of §§ 27.1 to 27.5, inclusive, (except for the amendments and supplemental documents noted in the text,) is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 27.2 Appearances. All appearances must be entered in writing. Only one person or firm of record will be recognized as representing the interests of the alien in any case at any one time. Any attorney or person claiming to represent an alien may be required to show that he or she is entitled to appear for the alien and meets the requirements of § 27.1.**** [28-A-2] Page 112 [112] **For statutory and source citations, see note to § 26.1. **††For statutory and source citations, see note to § 27.1. |