(c) Shipwrecked or cast-away seamen rescued by or transferred to a vessel bound to an American port.

(d) Seamen who are American consular passengers, or are repatriated without expense to the United States Government following and in accordance with the terms of their discharge in a foreign port before an American consular officer, but who, for any reason, cannot be considered as serving as seamen on the vessel on which they arrive at an American port.

(e) Seamen arriving in the United States, sent forward by the owners to join a foreign vessel as members of the crew.

II

Masters of maritime vessels (except government vessels and such other vessels as the Secretary of State, in his discretion, may indicate) of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences voyage. If there is no consular officer stationed at that port, but there is one stationed at a nearby place to whom the list may be submitted by mail for visa without delay of the vessel's departure, the list must be so submitted for visa. If there is no consular officer stationed nearby the list must be submitted for visa at the first port of call where a consular officer is stationed but if the vessel does not call at any such port then no visa of the crew list will be required. The visa of a shipping commissioner in the Canal Zone shall be equivalent to the visa to an American consular officer, but consular agents are not authorized to visa crew lists. The visaed crew list must be delivered to the immigration authorities at the vessel's first port of call in the United States,

Alien seamen whose names are not on visaed crew list when a visaed crew list is required of the vessel on which they arrive at a port of the United States shall not be allowed to land without the permission of the Secretary of State, except that for such seamen arriving at a port in the Virgin Islands the Governor thereof is authorized to grant such permission.

As used in this order, the term "United States" shall include the Territories of Alaska and Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands.

The Secretary of State and the Secretary of Labor are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned therein.

This order shall take effect immediately and shall supersede Executive Order No. 6722 of May 26, 1934, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States." [E.O. 7797, Jan. 26, 1938, 3 F.R. 216]

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36.4 Documents required of aliens entering the United States.

PART I

1. Nonimmigrants must present unexpired passports, or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid passport visas, or, in lieu of passport visas, if passing in transit through the United States to a foreign destination, transit certificates granted by authorized officers of the United States, except in the following cases:

(a) A nonimmigrant alien who is a passenger on a vessel entering a port of the United States, landing temporarily while the vessel is in port.

(b) A nonimmigrant alien coming within a category and domiciled in a country, island, or territory of the Western Hemisphere, specified in regulations issued by the Secretary of State, passing in transit through the United States or entering the United States temporarily.

(c) A nonimmigrant alien lawfully admitted into the United States who later goes in transit from one part of the United States to another through foreign contiguous territory.

(d) A nonimmigrant alien child born subsequent to the issuance of the passport visa or transit certificate of an accompanying parent, the visa or transit certificate not having expired.

(e) An alien who has previously been legally admitted into the United States with a diplomatic visa or with a passport visa as a nonimmigrant as defined by section 3 (1) or section 3 (6) of the Immigration Act of 1924 (43 Stat. 153, 154), and who has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State, and not having relinquished the status in which he was originally admitted.

2. The Secretary of State is authorized in his discretion to waive the passport and visa requirements in cases of emergency for nonimmigrant aliens and in other cases under such conditions as may by regulations be prescribed by him, except that the Governor of the Virgin Islands is authorized in his discretion to waive the requirements in cases of emergency for nonimmigrant aliens applying for admission at a port of entry of the Virgin Islands.

3. No passport visa or transit certificate shall be granted to an alien whose entry would be contrary to the public safety.

PART II

1. Immigrants must present unexpired passports, or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid immigration visas granted by the

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consular officers of the United States in accordance with the requirements of the Immigration Act of 1924 and the regulations issued thereunder, except in the following cases:

(a) An alien immigrant child born subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired.

(b) An alien immigrant child born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States for permanent residence, under such regulations as may be prescribed.

(c) An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State.

(d) An alien immigrant who has previously been legally admitted into the United States for permanent residence, re-entering from a journey beginning in an American port, without transshipment from the original vessel to another vessel.

(e) Ån alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom and has returned from a temporary visit abroad, and who presents an unexpired permit to re-enter, issued pursuant to section 10 of the Immigration Act of 1924.

2. An alien who has previously been legally admitted into the United States as a nonquota immigrant student, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State, and not having relinquished his student status, may re-enter without an immigration visa.

3. An immigrant Spanish national who on April 11, 1899 (whether adult or minor), was a bona fide resident of Puerto Rico or adjacent islands which comprised the Province of Puerto Rico, and who, in conformity with Article IX of the treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico. Such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except 23. (Act of May 26, 1926, chap. 400, 44 Stat. 657)

4. In such classes of cases and under such conditions as may by regulations be prescribed, the immigration visa requirements may be waived, under section 13 (b) of the Immigration Act of 1924, and the passport requirements may also be waived, for an alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom, and is returning from a temporary visit abroad.

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5. In such classes of cases and under such conditions as may by regulations be prescribed by the Secretary of State, the passport requirements may be waived for any immigrant.

PART III

The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, and immigration visas to aliens coming to the United States from the Canal Zone. The Governor of American Samoa is hereby authorized to issue passport visas, transit certificates, and immigration visas to aliens coming to the United States from American Samoa. The Governor of Guam is hereby authorized to issue passport visas, transit certificates, and immigration visas to aliens coming to the United States from Guam.

PART IV

The documentary requirements for aliens applying for admission into American possessions outside the United States, except the Philippine Islands, are to be prescribed by the competent authorities in such possessions.

PART V

The definitions contained in section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as otherwise specified herein.

PART VI

The Secretary of State and the Secretary of Labor are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned herein.

PART VII

This order shall take effect immediately and shall supersede the provisions of Executive Order No. 6986 of March 9, 1935, entitled "Documents Required of Aliens Entering the United States," but shall not supersede Executive Order No. 4049 of July 14, 1924, entitled "Documents Required of Aliens Entering the United States on Airships," or Executive Order No. 7797 of January 26, 1938, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States." [E.O. 7865, Apr. 12, 1938, 3 F.R. 753]

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Subchapter B-Chinese Rules and Regulations

CROSS REFERENCES

Immigration Rules and Regulations: See Subchapter A.

Exclusion and Deportation of Persons in Canal Zone: See Panama Canal. 35 CFR Chapter I.

AUTHORITY FOR CHINESE RULES AND REGULATIONS

Executive Order 6166, June 10, 1933, section 14 (5 U.S.C., following Chapter 1), provides that the Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of that department, at the head of which shall be a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner-General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order, to the Commissioner of Immigration and Naturalization.

Under section 8 of the Act of September 13, 1888 (25 Stat. 478) and section 2 of the Act of April 29, 1902 (32 Stat. 176), reenacted by section 5 of the Act of April 27, 1904 (33 Stat. 428), the Secretary of the Treasury was authorized to make and prescribe rules and regulations governing the admission of Chinese into the United States.

Under section 7 of the Act of March 3, 1891 (26 Stat. 1085), provision was made for the appointment in the Treasury Department of a "Superintendent of Immigration." This title, however, was changed to "Commissioner-General of Immigration" by section 1 of the Act of March 2, 1895 (28 Stat. 780), and this officer, under the supervision of the Secretary of the Treasury, by section 1 of the later Act of June 6, 1900 (31 Stat. 611), was given charge of the administration of the Chinese Exclusion Law, as well as of the various acts regulating immigration into the United States.

Under sections 1, 4, and 7 of the Act of February 14, 1903 (32 Stat. 825, 826, 828), there was established the Department of Commerce and Labor, and provision was made for the transfer thereto of the Bureau of Immigration and of the Commissioner-General of Immigration, the transfer of the jurisdiction, supervision, and control from the Treasury Department to the Department of Commerce and Labor over the immigration of aliens into the United States, and the transfer to the Secretary of Commerce and Labor from the Secretary of the Treasury of the authority, power, and jurisdiction over the exclusion from and residence within the United States of Chinese and persons of Chinese descent.

The Commissioner-General of Immigration by section 22 of the Act of March 3, 1903 (32 Stat. 1219) was given charge of the administration of all laws relating to the immigration of aliens into the United States. The Act of April 28, 1904 (33 Stat. 591) supplemented previous legislation by substituting the words "Secretary of Commerce and Labor" for "Secretary of the Treasury", in relation to alien immigration. Under section 22 of the Act of February 20, 1907 (34 Stat. 905), the Commissioner-General of Immigration, under the Secretary of Commerce and Labor, was given charge of the administration of all laws relating to the immigration of aliens into the United States.

Provision was made by section 1 of the Act of March 4, 1913 (37 Stat. 736), for a Department of Labor, and under section 3 (37 Stat. 737) the CommissionerGeneral of Immigration and the Bureau of Immigration were assigned thereto. While the Secretary of Labor alone has authority to prescribe regulations dealing with the Chinese Exclusion Laws, as such, the Commissioner of Immigration and Naturalization, under the direction and approval of the Secretary of Labor, has authority to prescribe regulations as to Chinese so far as relates to the Immigration laws.

The term "Central Office" as used in this subchapter means the office of the Commissioner of Immigration and Naturalization in Washington, D. C.

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