Apr. 12, 1938, 3 F.R. 753) [3-F-1; E.O. 7865, Apr. 12, 1938, 3 F.R. 753]

CROSS REFERENCES: For Philippine citizens, immigration, exclusion, and deportation, see Part 30. Nonquota status on basis of former residence or student status, see § 3.37. Lawful admission, when presumed, see § 3.38. Failure to maintain student status, see § 54.3. Entry contrary to public safety, see 22 CFR 61.4. Department of State regulations, travel documents showing origin and identity, see 22 CFR 61.5. Regulations of the Department of State, nonquota immigrant students, see 22 CFR 61.6. Regulations of the Department of State, immigrant Spanish nationals, see 22 CFR 61.7. Waiver of visa and passport requirements for immigrant Spanish nationals, see 22 CFR 61.8. Waiver of passport requirement for any immigrant, see 22 CFR 61.9. Passport visas, transit certificates, and immigration visas, to aliens coming to the United States from the Canal Zone, American Samoa and Guam, see 22 CFR 61.10. Requirements for admission of aliens to possessions outside the United States, with the exception of the Philippine Islands, see 22 CFR 61.11. Effect of E.O. 7865 concerning aliens entering the United States on airships and alien seamen, see 22 CFR 61.14. Documents required of aliens entering the United States on airships, see 22 CFR Part 63. Alien seamen, documents required for entering the United States, see 22 CFR Part 65.

3.12 Nonimmigrants; documents required; exceptions. No alien other than those classified under section 3 (4) and (5) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), as amended, shall be admitted to the United States as a nonimmigrant unless he shall present to the proper immigration official at the port of arrival a passport or official document in the nature of a passport issued by the government of the country to which he owes allegiance, duly visaed by an American consular officer; or a valid transit certificate,1 except in the following cases:

(a) Through passengers on vessels touching United States Ports. A nonimmigrant alien who is a through passenger on a vessel touching at a port of the United States, landing temporarily while the vessel is in port. This provision covers the cases of aliens who are on vessels destined to a foreign port beyond the United States, which vessels may touch at a United States port while en route to such foreign destination, but does not cover passengers on vessels making round-trip cruises from a foreign port to a port of the United States, as for example, a vessel sailing from Liverpool to New York and returning to Liverpool, as such a vessel would not be regarded as en route to a foreign destination upon its arrival at the port of New York. However, if a vessel leaving Liverpool_and destined for Buenos Aires, for instance, should touch at New York en route to its destination, the through passengers thereon would be covered by the provision. Cases of this kind shall be handled in the manner provided by § 3.35;

(b) Citizens of nearby countries, entering or passing through the United States. A nonimmigrant alien passing in transit through the United States or entering the United States temporarily, who is a citizen of Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, Bermuda, or of any British, French, or Netherland possession in the West Indies, and

1With regard to documents required of aliens entering the United States on airships, see E.O. 4049, July 14, 1924. The text of this order appears in § 36.2.

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domiciled therein, or who is a British subject domiciled in Canada, Newfoundland, Bermuda, or any British possession in the West Indies, or who is a French citizen domiciled in St. Pierre or Miquelon or any French possession in the West Indies, or who is a Netherland subject domiciled in any Netherland possession in the West Indies;

(c) Transit through contiguous territory. 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) Child born after issuance of visa to parent. 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) Foreign officials or treaty merchants. An alien who previously has 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. 154, 47 Stat. 607; 8 U.S.C. 203), and who departed temporarily therefrom and returned within six months (not having proceeded to any place outside Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, the Panama Canal Zone, Bermuda, or the British, French, or Netherland possessions in the West Indies), and not having relinquished the status in which he was originally admitted;

(f) Aliens without recognized documents. Aliens of no nationality and those who, when they apply for visas, are outside of the territory of the countries to which they owe allegiance, and who for any reason are unable to obtain passports or documents in the nature of passports of such countries, and aliens bearing passports issued by governments not recognized by the United States may be admitted to the United States with documents showing their origin and identity, duly visaed by consular officers." (E.O. 7865, Apr. 12, 1938, 3 F.R. 753) [3-F-2 (f), Im. R. & Regs. as amended by G.O. 256, Jan. 6, 1938, 3 F.R. 224]

CROSS REFERENCES: For officials, visitors, traders, admission of, see §§ 3.28, 3.29. Lawful admission, when presumed, see § 3.38. Admissibility of transit aliens, conditions of, see § 6.2. Diplomatic visas, see 22 CFR Parts 59, 60. Travel documents showing origin and identity, see 22 CFR 61.2. Waiver of passport and visa requirements for nonimmigrants, see 22 CFR 61.3. Entry contrary to public safety, see 22 CFR 61.4. Passport visas, transit certificates, and immigration visas to aliens coming to the United States from the Canal Zone, American Samoa and Guam, see 22 CFR 61.10. Requirements for admission of aliens to possessions outside the United States, with the exception of the Philippine Islands, see 22 CFR 61.11. Effect of Executive Order 7865 concerning aliens entering the United States on airships and alien seamen, see 22 CFR 61.14. Documents required of aliens entering the United States on airships, see 22 CFR Part 63. Alien seamen, documents required for entering the United States, see 22 CFR Part 65. Documents required of aliens entering the Philippine Islands, see 22 CFR Part 67.

3.13 Immigrants having expired documents. Where an immigrant arriving in the United States by water, or arriving by water at a port designated as a United States port of entry for aliens in foreign contiguous territory, is in possession of and presents an immi

*For statutory citation, see note to § 3.1.

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gration visa or permit to reenter which has expired, such immigrant shall be excluded unless it shall satisfactorily appear that the immigrant embarked on the vessel by which he arrives prior to the expiration of the validity of such immigration visa or permit and that he has proceeded by continuous voyage to the United States.*† (Sec. 2 (c), 43 Stat. 153; 8 U.S.C. 202 (c)) [3-F-3]

3.14 Visas and permits; record of action of immigration officer at port. The action of the immigration officer, either admitting an immigrant to the United States or holding such immigrant for examination by a board of special inquiry in relation to his right to such admission, shall be recorded properly in ink or indelible pencil on the reverse side of the immigration visa or permit to reenter in the space provided for such record and signed in full by such officer; and where the immigrant has been held for examination by a board of special inquiry, the action of such board shall likewise be recorded and the record signed by the chairman of such board.** (Sec. 2 (e), 43 Stat. 153; 8 U.S.C. 202 (e)) [3-G-1]

3.15 Visas; disposition of when holder admitted. Where an immigrant has been duly admitted to the United States for permanent residence the surrendered immigration visa, properly indorsed as provided in § 3.14, shall be forwarded, forthwith, without transmitting letter to the Central Office, Washington, D. C.: Provided, That an immigration visa surrendered at a subport shall be forwarded direct to the Central Office: And Provided further, That an immigration visa issued to and surrendered by an alien ineligible to citizenship because of race, shall be retained at the port where surrendered, unless issued under section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), in which case it will be forwarded to the Central Office at Washington.** (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202 (e)) [3-G-2]

3.16 Visas; disposition of when holder excluded. When an immigrant has been excluded from admission to the United States the immigration visa shall be retained at the port of arrival until the deportation or return of the alien actually takes place, whereupon the visa shall be forwarded forthwith to the Central Office with an indorsement in the space designated "Record on appeal" showing that alien was rejected and returned, the date of such return, and signed by the proper immigration official.** (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202 (e)) [3-G-3]

3.17 Permits to re-enter; disposition. When an immigrant possessed of an unexpired permit to reenter the United States duly issued in accordance with the provisions of section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210), is finally admitted or excluded from admission, such permit properly indorsed and signed as required in § 3.14, and showing final action of admission or exclusion, shall be transmitted forthwith to the Commissioner of Immigration and Naturalization: Provided, That where final action results in the exclusion of the alien, such permit shall be retained at the port of arrival until the deportation or return of the alien, whereupon the

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*For statutory citation, see note to § 3.1.

permit shall be forwarded forthwith to the Commissioner of Immigration and Naturalization, indorsed and signed as herein required, and showing the date of alien's return: Provided, That return permits surrendered at subports shall be forwarded direct to the Commissioner of Immigration and Naturalization.** (Sec. 10 (e), 43 Stat. 158; 8 U.S.C. 210 (e)) [3-G-4]

3.18 Visas and re-entry permits; surrender subsequent to entry. Where an alien has been lawfully admitted but failed to surrender his immigration visa or his re-entry permit at the time of such admission, such documents subsequently coming into the possession of immigration officers will be forwarded to the port where entry occurred for proper disposition.* (Sec. 2 (e), 43 Stat. 153; 8 U.S.C. 202 (e)) [G.O. 101, 3d amdt., May 4, 1934]

3.19 Permit to re-enter; notation on passport when alien admitted. When an alien admitted on a re-entry permit is in possession of a passport, the passport will be stamped and signed by the admitting officer to show the place and date of admission and the number of the re-entry permit.* [G.O. 85, 1st Supp., Jan. 7, 1930] 3.20 Identification card; duty of alien and inspector at port of arrival. An immigrant identification card will be issued by consuls in the case of each immigrant, except students under section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), receiving an immigration visa. Upon the presentation of the visa and identification card, the alien will be required by the immigrant inspector and in the latter's presence to sign in the blank space provided, which signature will be then and there carefully compared with the immigrant's signature on the visa itself. The immigrant inspector will then proceed to fill out the balance of the card so far as may be appropriate with the exception of his own signature. When an immigrant arrives by other means than steamship, that designation should be stricken from the card and the appropriate designation substituted, as for example, X. Y. Z. R. R., A. B. C. Ferry, D. E. F. Foot Bridge, afoot, International Air Transport Co.* [G.O. 110, July 18, 1928]

3.21 Identification cards; duplicates; disposition. The duplicates of the cards, except as hereinafter provided, will be disposed of in the same manner as is provided for visas in § 3.15. In cases of aliens ineligible to citizenship, the duplicates will be forwarded to the Central Office except in cases of Chinese who elect to take a certificate of identity, in which event both the original and duplicate will be forwarded to the Central Office. In all cases both original and duplicate shall be signed by an immigration officer as provided in § 3.22. [G.O. 110, July 18, 1928]

3.22 Identification cards; delivery; purpose of issuance; to whom issued; indelible pencil used. In all cases where aliens are admitted the original identification cards will be delivered to the applicants. The cards are issued for the benefit of aliens and may be used by them in making declarations of intention to become citizens, in making applications for immigration return permits, and in making applications for nonquota visas, etc. They will be issued to all admitted holders of quota and nonquota visas, except students

*For statutory citation, see note to $ 3.1.

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under section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), without regard to their expressed change of intention upon arrival at ports of the United States. Indelible pencils will be used in filling out and signing the cards, the duplicates to be made by use of carbon paper. Care should be exercised to insure legible records.* [G.O. 110, July 18, 1928]

3.23 Identification cards; disposition on admission or exclusion of alien. When an alien is admitted on primary inspection, the cards will be signed by the examining inspector; when admitted by a board of special inquiry, the cards will be signed by the chairman of the board. When an alien appeals, the original and duplicate cards will be forwarded to the Central Office with the visa and record of appeal as provided for visas in § 15.4. When a decision is reached by the Department, the cards (duplicate and original) will be returned with the visa to the port. When the decision of the Department is received at the port the cards will be signed, in case of admission, by a duly designated immigrant inspector, or appropriate record made thereon in case of exclusion. In case an alien is finally admitted upon court order, the cards will be signed by the appropriate designated immigrant inspector and disposed of as above provided. In all cases where aliens are excluded, both the original and duplicate will be attached to the visa and disposed of as provided in § 3.16, relating to visas except that as to Chinese the original and duplicate will be forwarded to the Central Office.* [G.O. 110, July 18, 1928]

3.24 Identification cards; issuance of new cards for old ones; re-entry permit cases. If and when it is ascertained or reasonably believed that an alien has been previously issued an immigrant identification card and he again applies for admission with an immigration visa, every reasonable effort short of withholding the delivery of the new card will be made, then or thereafter, to procure the surrender of the old one. If and when such card is obtained, it will be disposed of in the same manner as was its duplicate. The fact of its surrender, of the date and place thereof, and of the name and title of the officer receiving it, will be recorded on the card before transmittal. When an alien is readmitted to the United States in possession of a re-entry permit and is also in possession of an original immigrant identification card indicating thereon an earlier entry in possession of an immigration visa, the immigrant inspector will record on such original identification card the date, port, and steamship of the alien's last entry into the United States. The purpose is to have the alien in possession of a card showing his latest record of admission.* [G.O. 110, July 18, 1928, and 4th Supp., Sept. 9, 1932]

3.25 Identification cards; to be lifted upon alien's abandonment of residence or surrender of domicile. When identification cards of the nature provided for in §§ 3.20-3.24 are found in the possession of aliens who have abandoned their residence in the United States or who are excluded from admission upon an attempted re-entry, they shall be taken up and forwarded to the Central Office with appropriate notation indicating that the alien was excluded or had abandoned resi

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*For statutory citation, see note to § 3.1.