« PreviousContinue »
dence and the port and date. Also, when it is learned that an alien to whom an immigrant identification card has been issued (other than an alien ineligible to citizenship) has relinquished his domicile in departing from the United States, although it has not been found POSsible to secure the identification card for proper endorsement and cancelation, a concise report stating the number of the card shall be made to the Central Office directly, in order to avoid the possibility of the entry noted on the card being made the basis of naturalization if the holder should obtain readmission to the United States. Appropriate information should also be transmitted regarding aliens admitted with immigration visas since July 1, 1924, but before immigrant identification cards were issued, who it is known have relinquished their domicile in the United States.* [G.O. 110, 1st Supp., Nov. 8, 1930 and 3d Supp., Nov. 10, 1931]
3.26 Identification card; lost or destroyed; replacement. If a card issued to an alien under $ 3.20 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 a photograph of the applicant, and reciting the circumstances of the loss or destruction of the card should be submitted, and if duplicate card is sought because of mutilation of the original, the mutilated card will be forwarded with the application. If and when it is established to the satisfaction of the officer in charge of the district that a duplicate should issue, he shall so recommend to the Central Office, forwarding the original of the affidavit before referred to, with two photographs of the alien, two inches by two inches in size, taken from the same negative, not retouched or mounted, and signed by the alien across the front in such manner as not to obscure the features. Upon delivery of the new card the alien should be advised that if the card said to have been lost or destroyed should later be found, it should be delivered to an immigration officer. When so delivered, it should be forwarded to the Central Office for proper disposition.* [G.O. 110, July 18, 1928]
3.27 Definitions of "status" in relation to nonimmigrants and students. The term "status" as used in the Immigration Act of 1924 means the condition of carrying on one of the particular limited activities for which an alien may be admitted under a subdivision of section 3 of that Act (43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203) or under subdivision (e) of section 4 (43 Stat. 155; 8 U.S.C. 204 (e)). When applied to an alien, the term "official status" means that he is admissible under section 3 (1) and is a government official, or a member of the family, attendant, servant, or employee of a government official whom he accompanies or follows to join; the term "visitor's status” means that he is admissible under section 3 (2) and is an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure; and the term “trader's status" means that he is admissible under section 3 (6) and is an alien entitled to enter and to remain in 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, or the *For statutory citation, see note to $ 3.1.
wife, or unmarried child under 21 years of age of a person so entitled whom he accompanies, or follows to join.*i [3-H-1]
3.28 Officials, visitors, traders; determination of admissibility. When an alien claims to have an official status, or a visitor's status, or a trader's status, and is otherwise admissible, an examining officer may temporarily admit him if satisfied beyond a doubt that the alien has the specific status claimed. If the officer is not so satisfied, such alien shall be held for examination regarding his status by a board of special inquiry or, at ports where there are no permanent boards of special inquiry, by the officer in charge at such port. Either of these authorities may temporarily admit him if satisfied that the alien has the specific status claimed.*+ (Sec. 25, 43 Stat. 166, secs. 16, 17, 39 Stat. 885, 887; 8 U.S.C. 223, 152, 153) [3-H-2]
3.29 Officials, visitors, traders; period and conditions of admission. The admission of the aliens described in $ 3.28 by an examining officer, by a board of special inquiry, or by an officer in charge at a port shall be for a reasonable fixed period not exceeding one year, and on condition that the alien shall maintain during his temporary stay in the United States the specific status claimed, and shall voluntarily depart therefrom at the expiration of the time fixed or upon failure to maintain the specific status under which admitted. If the question of admission is referred to either a board of special inquiry or the officer in charge of a port, that authority may exact, as a condition of admission, a bond in the sum of $500 with appropriate provisions to insure that the alien will voluntarily depart from the United States at the expiration of the time fixed or upon his failure to maintain the specific status claimed, whichever shall happen sooner. Exceptions to this section are as follows:
(a) Officials. A government official and his family shall be admitted without limitation of time and shall not be required to maintain their specific status or to give bond;
(b) Traders. An alien having a trader's status shall be admitted without limitation of time;
(c) Trader, minor child of. An alien who has been admitted as the unmarried minor child of a treaty trader shall be regarded as having maintained his specific status so long as his parent maintains his trader's status;
(d) Visitors; readmission from contiguous territory. If an alien who claimed a visitor's status and who was admitted without exaction of a bond, subsequently departs to foreign contiguous territory for a temporary visit and returns to the United States, such departure shall not be considered as affecting the period for which he was originally admitted, and upon his return he shall be entitled to readmission, if no cause for exclusion is found.** (Sec. 15, 43 Stat. 162, 47 Stat. 524; 8 U.S.C. 215) [3-H–3]
3.30 Visitors and traders; notation to be made on passports. Passports presented by aliens who are admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) shall be rubber-stamped with stamps furnished by the Central Office and signed by the admitting officer to indicate the particular status of the alien's
*For statutory citation, see note to $ 3.1.
admission and the port and date of admission and the time for which admitted. In cases coming under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203), the same procedure shall be followed except that instead of noting the specific period of time for which admission is granted, the words “duration of existing status” shall be entered. Where bond is required as a condition of admission of an alien visitor and the alien is in possession of a passport, notation that bond was exacted will be made on the passport. The entries here required shall be made by the use of indelible pencil. Where the period of temporary admission of aliens admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) is granted, no notation of the extension need be made on the passport. However, a letter should be directed to the alien informing him of the exact date to which temporary admission was extended and advising him to keep the letter with his passport and to present both to any immigration officer upon request therefor.* [G.O. 85, Apr. 13, 1927, and 3d Supp., Oct. 21, 1930]
3.31 Officials, traders, visitors; change of status, conditions. After an alien has gained admission by claiming a visitor's status, a trader's status or (except in the case of a government official or his family) an official status, or by meeting the requirements of section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), he cannot change from the specific status under which he was admitted, unless, because of the peculiar circumstances of his case, the Secretary of Labor authorizes such change. In meritorious cases where the Secretary of Labor does authorize such change, he may (except in the case of an alien becoming a government official or a member of the family of such an official) exact, as a condition of the change, a bond in such sum and with such provisions as he deems appropriate to insure that the alien shall voluntarily depart from the United States at the expiration of a time fixed by the Secretary of Labor or upon his failure to maintain the specific new status acquired, whichever shall happen sooner.** (Sec. 3, 43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203) [3-H-4]
3.32 Japanese treaty trader; predetermination of status. A Japanese national entitled to return under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203), from a visit abroad to a section 3 (6) status in the United States, or a Japanese national entitled to have his wife or child join him in the United States with a section 3 (6) visa, or the wife or child already admitted, who is entitled to return under such a visa from a visit abroad, may make application for a predetermination of his or her section 3 (6) status. The application shall be filed in affidavit form and shall be submitted for proper investigation to the immigration and naturalization office located nearest to the applicant's place of residence. The affidavit shall include the name of the applicant, age, complexion, color of hair and eyes, height, and physical marks or peculiarities. It shall also include the name of the vessel, port of arrival, and date on which the applicant arrived in the United States. A separate application must be submitted for each applicant. An applicant shall be required
*For statutory citation, see note to $ 3.1. *For source citation, see note to $ 3.2.
to establish that he (she) was lawfully admitted under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203), and that he (she) has maintained that status since entry. A Japanese not engaged solely in carrying on trade between the United States and Japan is not entitled to enter in a section 3 (6) status or to have his wife or child join him in that status. The affidavit shall be prepared in duplicate and each copy shall contain a photograph of the applicant, which photograph shall be 21/2 inches in width by 21/2 inches in length, taken from the same negative, not retouched or mounted, representing the applicant without hat and showing a full front view. If the immigration and naturalization officer in charge is satisfied with the proof advanced, he shall return to the applicant the original affidavit, placing thereon the following stamped notation in red ink:
The applicant whose photograph appears hereon has established to my satisfaction that he (she) was lawfully admitted to the United States under section 3 (6) of the Immigration Act of 1924 and since the date of his (her) entry has maintained the status under which he (she) was admitted.
(Signature of officer in charge)
(Port and date) The affidavit will be presented to the American consular officer to whom application for visa is made. If the visa is granted, the affidavit will be returned to the applicant, who will be informed that he (she) should present it, with his (her) visaed travel document, to the immigration officer at the port at which he (she) arrives in the United States. The immigration officer at the port of arrival shall lift the original affidavit and return it to the investigating office.* [3-H-5, Im. R. & Regs., as amended by G.O. 244, Feb. 27, 1937, 2 F.R. 397]
3.33 Nonimmigrant bonds; approval and cancelation. The officers in charge of the several ports or districts are authorized either directly or through officers or employees designated by them to approve nonimmigrant bond Forms 636, 637, and 638, formal agreements by which a surety consents to an extension of his liability on such bonds, or any power of attorney or assignment a surety executes authorizing the delivery to some other person or concern of United States bonds and/or notes deposited as collateral security with such immigration bonds after the collateral security is released. Bond Forms 636, 637, and 638 and agreements of extension shall be retained at the ports or districts until the conditions thereof have been fulfilled, when they may be canceled by any officer or employee mentioned in this section. If the conditions are violated, the bond and the extension agreements, if any, should be forwarded to the Central Office with an appropriate recommendation.* (47 Stat. 524; 8 U.S.C. 215) [3-H-6, Im. R. & Regs., as amended by G.O. 241, Jan. 23, 1937, 2 F.R. 163, and renumbered by G.O. 244, Feb. 24, 1937, 2 F.R. 397]
3.34 Traders not contract laborers. An alien who has a trader's status shall not be subject to the contract labor provisions of section 3 of the Immigration Act of 1917.* (Sec. 3, 39 Stat. 875, sec. 3, 43 Stat.
*For statutory citation, see note to $ 3.1.
154, 47 Stat. 607; 8 U.S.C. 136 (h), 203) [3-H-7, Im. R. & Regs., as renumbered by G.O. 244, Feb. 24, 1937, 2 F.R. 397]
3.35 Through passengers on vessels touching United States ports; time and manner of landing; liability of vessels. Aliens who are through passengers on a vessel destined foreign, arriving at a port of the United States, may land temporarily therefrom without visaed passports for the limited period of time during which the vessel is in port when the examining officer is satisfied they will depart on the vessel on the same voyage. In every case the alien shall be informed that he is permitted to land temporarily on that condition. When the examining officer is not so satisfied he shall notify the master in writing that landing privilege is denied the alien and inform the master of the requirements and fine provisions of section 10 of the Immigration Act of 1917 as amended by section 27 of the Immigration Act of 1924 (43 Stat. 167; 8 U.S.C. 146). Aliens seeking landing with the intention of remaining beyond the period for which the vessel is to be in port must present visaed passports, if required generally of aliens applying for temporary admission. Liability to fines for bringing to any seaport of the United States aliens seeking admission to proceed directly or by way of any other United States port or ports to a foreign port who upon arrival at any such United States seaport are found to be under certain disabilities described in section 9 of the Immigration Act of 1917, as amended (43 Stat. 166; 8 U.S.C. 145), is covered by Part 23.* (47 Stat. 524; 8 U.S.C. 215) [3-H-8, Im. R. & Regs., as renumbered by G.O. 244, Feb. 24, 1937, 2 F.R. 397]
3.36 Nonquota status; by relationship to citizen, or by former citizenship. An unmarried child under 21 years of age, or the wife of a citizen of the United States, or the husband of a citizen of the United States by marriage occurring prior to July 1, 1932, or a woman who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country, shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer, designating the holder as such, and then only when the facts necessary to determine the particular status as a nonquota immigrant are established to the satisfaction of the examining immigration officer. The alien will be excluded if subsequent to issuance of the visa the alien has obtained a divorce from the citizen petitioner; or, if subsequently widowed, has remarried; or, if beneficiary is a child, has subsequently married.*+ (Sec. 3, 46 Stat. 854, sec. 23, 43 Stat. 165; 8 U.S.C. 204 (f), 221) [3-1-1, G.O. 56, 1st amdt., Dec. 22, 1933]
3.37 Nonquota status on basis of former residence or student status. An alien claiming to be a nonquota immigrant on the ground that he has been lawfully admitted to the United States previously and is returning from a temporary visit abroad shall not be admitted as such unless at the time of arrival he shall establish that he has been lawfully admitted previously for permanent residence, and
*For statutory citation, see note to $ 3.1.