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is returning from a temporary visit abroad, and presents an unexpired valid immigration visa duly issued by an American consular officer designating the holder to be a nonquota immigrant: Provided, That the presentation of an unexpired valid permit to re-enter duly issued to the holder thereof pursuant to the provisions of section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210), shall be deemed to show prima facie that such holder is returning from a temporary visit abroad, and shall be accepted in lieu of an immigration visa : Provided further, That any alien who establishes that he has been previously lawfully admitted into the United States for permanent residence and is returning from a temporary visit of not more than six months to Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, the Panama Canal Zone, Bermuda, or any British, French, or Netherland possession in the West Indies, not having proceeded to any place outside those countries, shall be permitted to re-enter the United States without a passport, immigration visa, or permit to reenter: Provided further, That any alien who has previously been lawfully admitted into the United States as a nonquota immigrant student and is returning from a temporary visit of not more than six months to Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, the Panama Canal Zone, Bermuda, or any British, French, or Netherland possessions in the West Indies, not having relinquished his student status, and not having proceeded to any place outside those countries, shall be permitted to re-enter the United States without a passport, immigration visa, or permit to re-enter: Provided further, That the following described aliens who on admission expressed an intention of remaining but temporarily in or of passing in transit through the United States, of whose admission a record exists, and in whose cases head tax was assessed, if assessable, and not refunded, but who remained in the United States, may be regarded as having been admitted for permanent residence: (a) Aliens admitted prior to June 3, 1921, except that aliens of these classes admitted temporarily under the ninth proviso to section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U.S.C. 136), will not be regarded as having been admitted for permanent residence; (b) aliens admitted under the Act of May 19, 1921 (42 Stat. 5), amended, who were of a class admissible for permanent residence under that Act notwithstanding the quota limitations of the Act; (c) an accompanying wife or unmarried child under 21 years of age of an alien admitted under the Act of May 19, 1921, as amended, who was of a class admissible for permanent residence under that Act notwithstanding the quota limitations of the Act, and (d) aliens charged under such law to the proper quota at time of admission or subsequently and who remained so charged.*+ (Secs. 4, 23, 43 Stat. 155, 165; 8 U.S.C. 204 (b), (c), 221; E.O. 7865, Apr. 12, 1938, 3 F.R. 753) [3–1–2]
CROSS REFERENCE: For re-entry of nonquota immigrant student without visa, see § 3.11 (a), and 22 CFR 61.6.
*For statutory citation, see note to $ 3.1.
3.38 Lawful admission, when presumed. Citizens of Canada or Newfoundland who entered the United States across the Canadian border at a designated port of entry prior to October 1, 1906, and citizens of Mexico who so entered across the Mexican border prior to July 1, 1908, shall, for re-entry purposes, be presumed to have been lawfully admitted, even though no record of their original entry can be found. Any alien within the terms of this section shall upon application for readmission to the United States be inspected and be subject to the requirements of the immigration laws and regulations the same as if the original presumed lawful entry was by recorded admission for permanent residence; and if no record exists of a reentry since such presumed lawful entry, the alien shall be regularly manifested for the purpose of recording the application for readmission. Nothing in this section shall be deemed to preclude an alien qualified to do so from applying for registration under the Act of March 2, 1929 (45 Stat. 1512; 8 U.S.C. 106a).* (Secs. 4, 23, 43 Stat. 155, 165; 8 U.S.C. 204 (b), (c), 221; E.O. 7865, Apr. 12, 1938, 3 F.R. 753) [G.O. 250, July 22, 1937, 2 F.R. 1289]
3.39 Nonquota status; by country of birth. An alien claiming a nonquota status because of birth in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America 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 it shall be established to the satisfaction of the examining immigration official that he was born in one of the countries named or referred to. When such alien is accompanied by an alleged wife, or an unmarried child or children under 18 years of age, born elsewhere than in one of such countries, who seek admission as nonquota immigrants on the ground that the husband or parent was born in one of such countries, these claimed members of the family must also present immigration visas duly issued by an American consular officer, designating the wife or child or children as nonquota immigrants and satisfactory proof shall be required of the relationship asserted and the age of the child or children. An alien claiming a nonquota status because of birth in the Virgin Islands of the United States shall establish by duly authenticated birth certificate, or other evidence, documentary or otherwise, satisfactory to the examining immigration official, that he was born in the Virgin Islands. Such alien, a native of the Virgin Islands of the United States, shall not be required to present a passport or immigration visa.*+ (Secs. 4 (c), 23, 43 Stat. 155, 165, sec. 1, 47 Stat. 336; 8 U.S.C. 204 (c), 221, 201a) [3-1-3]
3.40 Nonquota status; by relationship to certain nonquota immigrants. When a wife or child under 18 years of age, born elsewhere than in one of the countries named or referred to in § 3.39, seeks to enter the United States as a nonquota immigrant to join a husband or parent alleged to have been born in one of such countries, such wife or child must present an immigration visa duly issued by
*For statutory citation, see note to 3.1.
an American consular officer, designating the holder as a nonquota immigrant and shall establish to the satisfaction of the examining immigration official (a) that the claimed relationship actually exists; (b) that the child or children are under 18 years of age; (c) that such husband or parent was born in one of such countries, and (d) that such husband or parent has been lawfully admitted to the United States for permanent residence and resides therein.** (Secs. 4 (c), 12 (a), 23, 43 Stat. 155, 160, 165; 8 U.S.C. 204 (c), 212 (a), 221) [3-14)
3.41 Nonquota status; failure to prove on primary inspection. Where an immigrant claiming a nonquota status fails to meet the requirements of $8 3.36, 3.37, 3.39, 3.40, he shall be held for examination in relation thereto by a board of special inquiry.** (Sec. 16, 39 Stat. 885, sec. 23, 43 Stat. 165; 8 U.S.C. 152, 221) 13–1–5]
3.42 Financial status. In the absence of a statutory provision, no hard and fast rule can be laid down as to the amount of money an alien should have. This is only one element to be considered in each case, but generally he should have enough to provide for his reasonable wants and those of accompanying persons dependent upon him until such time as he is likely to find employment; and when bound for an interior point, railroad ticket or funds with which to purchase the same.*+ (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (i)) [3-J-1]
3.43 Reading test; aliens subject thereto. All aliens over 16 years of age who are physically capable of reading except as specified in the statute and described in § 3.47, shall be required to demonstrate their ability to read matter printed in plainly legible type and in a language or dialect designated by the alien at the time of examination.* °(Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (o)) [3-K-1]
3.44 Reading test; general method of application. When applying the reading test immigration officers shall use the printed and numbered test slips supplied by the Central Office for that purpose, and a record shall be made upon the manifest or board minutes showing both the class and serial numbers of the slip used in each case and the language or dialect designated by the applicant and actually used in the examination. No two aliens listed upon the same manifest sheet shall be examined at seaports by the use of the same slip. If the examining inspector is unable to speak and understand the language or dialect in which the alien is examined, the services of an interpreter shall be used for interpreting into spoken English the printed matter as read by the alien, so that the examining inspector may compare such interpretation with the slip of corresponding serial number containing the English translation of the same reading matter.*+ (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (o)) [3-L-1]
3.45 Reading test; exceptional method of application. In all cases in which, because of lack of the qualified interpreters necessary for the observance of the general method prescribed in $ 3.44, or for any other reason it is impracticable to adopt said general method, immigration officers may employ such other means as will clearly
*For statutory citation, see note to 8 3.1.
demonstrate the alien's ability, or lack of ability, to read.** (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (0)) [3-L-2]
3.46 Reading test; failure to read; procedure. In the event the applicant is subject to the reading test and is unable to satisfy the examining or challenging inspectors of his ability to read matter printed in the designated language or dialect, it shall be the duty of either the examining or the challenging inspectors to detain the applicant for special inquiry and to record upon the manifest and detention cards for the information of the board the class and serial numbers of the slip used or other means employed in the primary examinations to determine ability to read.*1 (Secs. 3, 16, 39 Stat. 875, 885; 8 U.S.C. 136 (o), 152) [3-L-3]
3.47 Exemptions from reading test. The following classes of aliens over 16 years of age are exempted by law from the reading test; viz:
(a) Physically incapable. Persons who are physically incapable of reading.
(b) Relationship. Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted aliens, when such persons are sent for or brought in by such citizens, admissible aliens, or admitted aliens : Father, if over 55 years of age; grandfather, if over 55 years of age; wife; mother; grandmother; unmarried daughter, or widowed_daughter.
(c) Religious persecution. Persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence.
(d) Returning residents. Persons who have been lawfully admitted to the United States and who have resided therein continuously for five years and who have returned to the United States within six months from the date of their departure therefrom.
(e) Transits. Persons in transit through the United States.
(f) Transits through contiguous territory. Persons who have been lawfully admitted to the United States and who later go in transit from one part of the United States to another through foreign contiguous territory. The period an alien may remain in foreign contiguous territory while in transit under this exemption shall be limited to 60 days. An alien may leave and enter the United States at the same port and still be in transit within the meaning hereof.
(g) Exhibitors. Exhibitors and employees of fairs and expositions authorized by Congress.** (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (0)) [3-M–1]
3.48 Unaccompanied children; admission. Children under 16 years of age unaccompanied by or not coming to one or both of their parents may be admitted on primary examination when the immigration officer is satisfied that they are in good mental and physical condition, that while abroad they have not been the objects of public charity, that they are going to near relatives who are able and willing to support and properly care for them, that it is the intention of such relatives to send such children to day school until they reach the age of 16, and that they will not be put at work unsuited to their years;
*For statutory citation, see note to $ 3.1.
or that the children are to attend a designated reputable institution of learning for which suitable provision has been made in advance, or that the children are merely in transit and the person accompany; ing such children will convey them through and out of the United States, or that the children are to make a temporary visit to their relatives.** (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (m)) [3–N-1]
3.49 Unaccompanied children; exceptional cases. In cases where all of the conditions set forth in $ 3.48 are not met, but the immigration officer on primary examination is satisfied that the applicant is admissible, the case may be referred to the officer in charge, and if he likewise is satisfied of the applicant's admissibility the case may be disposed of on primary examination; otherwise it shall be referred to a board of special inquiry.** (Secs. 3, 16, 39 Stat. 875,885;8 U.S.C. 136 (m), 152) [3–N–2]
3.50 Stowaways. Aliens arriving at seaports of the United States as “stowaways” or alien “stowaways" who arrive as "workaways" shall be held for examination by a board of special inquiry. Unless the board reaches the conclusion that beyond a doubt the alien, except for being or having been a stowaway, is entitled to land, it shall exclude. Such an alien is entitled to appeal unless he is certified as afflicted with diseases or disabilities as specified in the proviso of section 17 of the Immigration Act of 1917.** (Secs. 3, 16, 17, 39 Stat. 875, 885, 887; 8 U.S.C. 136 (1), 152, 153) [3–0–1]
3.51 Aliens previously rejected; exclusion; permission to reapply. Any alien excluded from admission and deported in pursuance of law who applies for admission within one year after such rejection and deportation shall be excluded, unless, prior to reembarkation at a place outside the United States or his attempt to be admitted from foreign contiguous territory, the Secretary of Labor has consented to his reapplication for admission. At the time of original exclusion by a board of special inquiry, an applicant shall be advised of the provisions of law relating to the obtaining of permission to reapply within one year, and the fact of such notification shall be entered on the record, together with the applicant's foreign address. In strictly meritorious cases, where the cause of exclusion may be readily overcome, applicants may be advised by the board of special inquiry that an application for permission to reapply may then and there be made. If the applicant desires to make such application, the board record shall thereupon be forwarded to the Department, whether or not an appeal is taken from the excluding decision. In other cases applications for the privilege to reapply should be submitted to the official in charge at the port of last exclusion, and will be forwarded by such official through proper channels to the Central Office, accompanied by the record previously formulated, unless the Central Office through appeal proceedings has already come into possession of the record. If upon consideration of the record the Secretary of Labor grants permission to reapply within one year of date of exclusion, notification of such permission shall be transmitted to the port where alien was excluded, if he has not already been deported, or to his for
*For statutory citation, see note to § 3.1.