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SOURCE OF CHINESE RULES AND REGULATIONS

The source of the rules and regulations in this subchapter, except for amend. ments noted in the text, is Chinese Rules and Regulations of Oct. 1, 1926. Subdivisions of the source reference are given in brackets at the end of each section. Thus, [1–1-1] denotes rule 1, subdivision 1, paragraph 1. PART 40—PORTS OF ENTRY FOR CHINESE PERSONS

Sec.

Sec. 40.1 Seaports.

40.3 Ports of entry from Mexico; per: 40.2 Ports of entry from Canada; per sons who may enter through.

sons who may enter through, Section 40.1 Seaports. No Chinese person, other than a Chinese diplomatic or consular officer, shall be permitted to enter the United States at any seaport other than at the ports of Port Townsend or Seattle, Wash.; Portland, Oreg.; San Francisco, San Pedro, or San Diego, Calif.;

New Orleans, La.; New York, N. Y.; Boston, Mass.; San Juan or Ponce, P. R.; and Honolulu, Hawaii. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets sec. 7, 25 Stat. 477; 8 U.S.C. 271) [1-1-1, Ch. R. & Regs., Oct. 1, 1926]

40.2 Ports of entry from Canada; persons who may enter through. Montreal, Province of Quebec; Winnipeg, Manitoba; and Vancouver, British Columbia, are designated as stations at which Chinese residing in Canada may be preinvestigated. Seattle, Washington; Buffalo, New York; Niagara Falls, New York; and Detroit, Michigan; are designated as ports of entry for Chinese seeking admission, or readmission from Canada without having been preinvestigated or who are not the holders of re-entry permits. If the immigration officials at Montreal, Winnipeg, or Vancouver find Chinese applicants to be entitled to admission or readmission, they shall be given certificates of identity and the possession thereof shall permit them to enter the United States at any immigration port of entry within a period of 30 days from the date of the issuance of such certificates. Chinese returning from visits to Canada who are holders of immigration return permits issued under section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210) may likewise be readmitted at any immigration port of entry. Chinese coming from other countries by way of Canada must make application for admission at one of the regularly designated seaports of entry named in $ 40.1, governing the admission of Chinese, except that Chinese returning through Canada from other countries who are the holders of Forms 430 citizens' return certificates) and return permits may make application for admission at Buffalo, New York: Niagara Falls, New York; Detroit, Michigan; Montreal, Winnipeg, and Vancouver. If application is made at Montreal, Winnipeg, or Vancouver, and they are found admissible at the port of application, they shall be issued certificates of identity and the possession thereof shall · permit them to enter at any immigration port of entry within a period of 30 days from the date of the issuance of such certificates. Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222:

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interprets sec. 7, 25 Stat. 477, sec. 1, 32 Stat. 176; 8 U.S.C. 277) [1-2-1, Ch. R. & Regs., as amended by Ch. G.O. 21, July 11, 1932]

40.3 Ports of entry from Mexico; persons who may enter through. Chinese claiming United States citizenship may apply for admission or readmission to the United States at the port of Calexico, Calif., and have their status determined at that port. United States citizens of the Chinese race who present documentary evidence of their citizenship (duly authenticated court record, or Form 430 issued after investigation by immigration officials), and having to make temporary visits to Mexico may be issued identification cards allowing re-entry at any of the regular immigration ports of entry without securing certificate of preinvestigation (Form 430) for each trip. Alien Chinese of the exempt classes (merchants, etc.) domiciled either in Mexico or the United States, in towns immediately adjacent to the border, who need to make regular or frequent visits to Mexico or the United States, respectively, upon establishing exempt status and satisfying the officer in charge at the United States border port that they are dependable, may be issued identification cards which will permit them the privilege of crossing and recrossing the border at the ports of El Paso, Eagle Pass, or Laredo, Tex.; Nogales, Douglas, or Naco, Ariz.; or Calexico or Tia Juana, Calif., for the purpose of transacting legitimate business at the ports (American or Mexican) specified in their identification cards. "Chinese aliens permitted the crossing privilege under this provision may remain in the United States only for such length of time as in the opinion of the inspector in charge is reasonably necessary to enable them to transact their business (in no event to exceed 30 days), their entry being in every sense temporary and conditional. Under this provision the exempt status must be established each six months. Chinese falling within the purview of this part, entering at Calexico, Calif., may be permitted to travel to El Centro, Calif., and those entering at Tia Juana, Calif., may be permitted to travel to San Diego, Calif., for the purpose and under the conditions hereinbefore stated. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222 interprets sec. 7, 25 Stat. 477, sec. 1, 32 Stat. 176; 8 U.S.C.' 277) [1–3–1, Ch. R. & Regs., Oct. 1, 1926]

PART 41—THE ADMISSIBLE CLASSES OF CHINESE Sec. 41.1 What Chinese persons may be ad (e) Permanent residents, returnmitted.

ing from temporary visit abroad. (a) Officials; families; attendants ; (f) Students. servants; and employees.

(g) Visitors and tourists. (b) Merchants or traders; wives (h) Aliens in transit through the and minor unmarried children.

United States. (c) Professors; ministers of reli (i) Aliens in transit through congion; their wives and unmarried tiguous territory. children under 18 years.

(j) Alien seamen. (a) Wives of American citizens. Section 41.1 What Chinese persons may be admitted. Only those Chinese persons (except those specified in paragraph (a) of this section) shall be allowed to enter the United States who are expressly Page 134

declared to be admissible by the treaty with China and laws relating to the exclusion of Chinese, and by the provisions of the applicable immigration laws relating to aliens of all races or nationalities; and those only upon compliance with the requirements of said treaty and laws, and rules issued thereunder. Alien Chinese described in paragraphs (a) to (i) of this section who meet these requirements are therefore admissible.

(a) Officials; families; attendants; servants; and employees. Government officials, upon presentation of diplomatic passports, and their children, attendants, servants, and employees, upon identification as such by the officials.

(b) Merchants or traders; wives and minor unmarried children. An alien entitled to enter the United States solely to carry on trade between the United States and the foreign state of which he is a national, under and in pursuance of the provisions of a treaty of commerce and navigation, and his wife and his unmarried children under 21 years of age, if accompanying or following to join him; also the wife and children under 21 years of age of a merchant who lawfully resided in the United States prior to July 1, 1924, and the wife and children under 21 years of age of a merchant lawfully admitted under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203) after June 30, 1924, and prior to July 6, 1932, who has maintained the merchant status since admission. Such Chinese merchants are required to present certificates as prescribed in section 6 of the Exclusion Act of July 5, 1884 (23 Stat. 116; 8 U.S.C. 265), together with nonimmigrant section 3 (6) visas. If their alien wives and unmarried children under 21 years of age accompany the husband and father they must present on arrival at the port an affidavit which need not be visaed but must be prepared upon the application form of the Department of State for nonimmigrant visa. If such aliens do not accompany the husband and father they must present upon arrival at the port a duly visaed affidavit, prepared upon the Department of State form mentioned in the preceding sentence. Children under 16 years of age, if accompanied by the mother, may be included in her affidavit. The lawful alien wives and children under 21 years of age of Chinese merchants lawfully resident in the United States prior to July 1, 1924, should present upon arrival the same documents described above, depending upon whether they accompany the husband and father on his return from a visit abroad, or are coming to the United States to join him. Children born subsequent to the issuance of the immigration visa of the accompanying parent and children born during the temporary visit abroad of an alien mother who has previously been legally admitted to the United States need present no documents of any kind.

(c) Professors; ministers of religion; their wives and unmarried children under 18 years. An alien who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university; and his wife, and his unmarried

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children under 18 years of age, if accompanying or following to join him. If ministers or professors they must present the certificate prescribed by section 6 of the Exclusion Act of July 5, 1884 (23 Stat. 116; 8 U.S.C. 265), together with nonquota section 4 (d) immigration visas. The wives and unmarried children under 18 years of age accompanying such a minister or professor or following to join him must be in possession of similar nonquota visas.

(d) Wives of American citizens. Chinese wives of American citizens where the marriage occurred prior to May 26, 1924, must present nonquota immigration visas, as prescribed in section 4 (a) of the Immigration Act of 1924.

(e) Permanent residents, returning from temporary visit abroad. An alien previously lawfully and permanently admitted to the United States who is returning from a temporary visit abroad. Such Chinese, if a laborer, must present a laborer's return certificate, Form 432, issued under sections 5, 6, and 7 of the Exclusion Act of September 13, 1888 (25 Stat. 477'; $ U.S.C. 275-277), and $8.51.151.12. Chinese persons of the exempt classes who secured immigration return permits under section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210), may be admitted upon submission of these return permits. If such Chinese exempts do not secure immigration return permits prior to departure from the United States, or in the event their return permits have expired, they should present the nonquota immigration visa required by section 4 (b) of that Act (43 Stat. 155; 8 U.S.C. 204 (b)). However, in the event a lawfully domiciled exempt Chinese should return without either an immigration return permit or a section 4 (b) nonquota immigration visa, the case should be forwarded to the Department for consideration of waiver under section 13 (b) of the Immigration Act of 1924 (43 Stat. 162; 8 U.S.C. 213 (b)). (f) Students. A student at least 15

least 15 years of age. Students must present the certificate prescribed by section 6 of the Exclusion Act of July 5, 1884 (23 Stat. 116; 8 U.S.C. 265), together with a nonquota immigration visa, as provided in section 4 () of the Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)).

(g) Visitors and tourists. An alien visiting the United States temporarily as a tourist or temporarily for business or pleasure. Such alien must present the certificate prescribed by section 6 of the Exclusion Act of July 5, 1884 (23 Stat. 116; 8 U.S.C. 265), together with a visa as a nonimmigrant under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203).

(h) Aliens in transit through the United States. An alien in continuous transit through the United States. Such alien is not required to present any documents.

(i) Alien in transit through contiguous territory. An alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory is admissible and is not required to present any documents.

(i) Alien seamen. A bona fide alien seaman is admissible and is not required to present any documents specified in the Immigration Act of 1924 or the Chinese exclusion laws, to secure shore leave

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or to land in pursuit of his calling. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets 23 Stat. 116, 118, sec. 15, 25 Stat. 479, sec. 5, 33 Stat. 428, secs. 1, 3, 39 Stat. 874, 875, secs. 3, 4, 13, 15, 43 Stat. 154, 155, 162; E.Ó. 7797, Jan. 26, 1938, 3 F.R. 216; 8 U.S.C. 265, 272, 283, 173, 136 (r), 203, 204, 213, 215) [Rule 2, Ch. R. & Regs., as amended by Ch. G.O. 17, June 27, 1930 and 1st Supp., Jan. 18, 1933]

CROSS REFERENCES: For alien seamen, see Part 7. Students defined, see 88 10.1, 47.1. Permanent residents returning from temporary visit abroad, see 8 3.11 (e). Aliens in transit through the United States, see § 3.12 (b). Aliens in transit through contiguous territory, see § 3.12 (c). Admission of foreign officials and treaty merchants, see g 3.12 (e). Diplomatic visas, see 22 CFR Parts 59, 60.

PART 42—BOARD OF SPECIAL INQUIRY Sec.

Sec. 42.1 Oath of members.

42.4 Distant witnesses; how testimony 42.2 Examination under immigration secured.

and exclusion laws and rules and 42.5 Development of facts relating to regulations; sequence.

penalties. 42.3 Hearings; procedure; right of 42.6 Excluded alien; informed of rights.

alien, Section 42.1 Oath of members. Every person appointed to serve on a board of special inquiry shall first subscribe to an oath of office.* (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [3–1-1, Ch. R. & Regs., Oct. 1, 1926]

*88 42.1 to 42.6, inclusive, issued under the authority contained in sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

CBOSS REFERENCE: For board of inquiry, see Part 12.

42.2 Examination under immigration and exclusion laws and rules and regulations; sequence. Chinese aliens shall be examined as to their right to admission under the provisions of the immigration laws and rules and regulations as well as under the provisions of the Chinese-exclusion treaty, laws and rules and regulations. As the immigration laws and rules and regulations relate to aliens generally, the status of Chinese applicants must be first determined thereunder; then, if found admissible under that law and rules and regulations, their status under the Chinese-exclusion laws and rules and regulations shall be determined. In order to avoid inconvenience, delay, or annoyance to Chinese applicants through misunderstanding, and in the interest of good administration, examination under both sets of laws and rules and regulations shall be made in the order stated, only at the ports named, and in the manner specified in Part 40.* *(Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [3-2-1, Ch. R. & Regs., Oct. ì, 1926]

42.3 Hearings; procedure; right of alien. Boards of special inquiry shall determine all cases as promptly as circumstances permit, in the estimation of the immigration official in charge, due regard being had to the necessity of giving the alien a fair hearing. Hearings

*For statutory citation, see note to 42.1.

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