Page images

eign address, if he has actually been deported.*+ (Sec. 1 (d), 45 Stat. 1551; 8 U.S.C. 136 (j)) [3-P-1]

3.52 Aliens previously arrested and deported; exclusion; permission to reapply. Any alien heretofore or hereafter arrested and ordered deported in pursuance of law shall be excluded from admission to the United States: Provided, however, That the foregoing shall not apply to any alien who was arrested and deported prior to March 4, 1929, and prior to his reembarkation at a place outside the United States, or prior to his application in or from foreign contiguous territory for admission to the United States, and prior to March 4, 1929, has been granted permission to apply for admission by the Secretary of Labor, and when so applying is found admissible; or to any other alien so ordered deported who has left the United States, if prior to reembarkation from a point outside the United States, or prior to his application in or from foreign contiguous territory for admission to the United States he applies for and obtains from the Secretary of Labor permission to apply for admission after one year from the date of his departure in pursuance of an order of deportation, and is found admissible. Application for permission to reapply may be made at any time after such departure.** (Sec. 1 (a-c), 45 Stat. 1551, sec. 7, 47 Stat. 166; 8 U.S.C. 180, 181) [3–P-2]

3.53 Border crossing card; issuance and description. An alien or citizen who, residing upon either side of the line, having occasion to frequently cross and recross the land boundary upon legitimate pursuits may, upon application, be issued an identification card which shall correctly set forth his status. The applicant shall be required to furnish two unmounted photographs of himself (2 by 2 inches, the distance from the top of head to point of chin to be approximately 114 inches) for attachment to the identification card, together with the data necessary for completion of the card, such data to be filled in by means of typewriter or ink. The signature of the person to whom the card is issued shall be affixed in ink.*+ [3-Q-1]

3.54 Border crossing card; use. The use of an identification card shall be confined to the port of issue, unless it shall be established that the applicant has occasion to enter the United States from time to time through other ports of entry, in which event an unrestricted card may be issued to him, which shall be honored at other ports.** [3–Q-2]

3.55 Border crossing card; issuance to illiterate. An identification card may, in the discretion of the officer in charge of the port, be issued to an alien unable to read: Provided, in the case of an alien residing in foreign contiguous territory, it is satisfactorily established that such alien actually intends to continue his residence therein and only desires to visit the United States temporarily for business pleasure.** [3–Q–3]

3.56 Border crossing cards; issuance to resident aliens and citizens. Within the confines of border districts, identification cards may be issued to citizens or aliens lawfully resident in the United States desirous of making more or less frequent visits to foreign contiguous territory. Where cards are issued at interior stations in bor*For statutory citation, see note to § 3.1.

Page 33 †For source citation, see note to § 3.2.


der districts the applicants will be notified that they may secure same upon reentry into the United States through the port designated by them and the cards will be forwarded to such border port with appropriate advices.** [3–Q-4]

3.57 Border crossing cards; periodic inquiry; renewals. The status of holders of identification cards shall be inquired into periodically. Renewal will be evidenced by a notation bearing the date thereof and the initials of the validating officer.*+ [3-Q-5]

3.58 Border crossing card; cancelation. An identification card may be taken up and canceled at any time, within the discretion of the proper immigration officials.*+ [3Q-6]

3.59 Immigrants, possessing proper documents, but who entered without examination; procedure. Where an alien is found in the United States in possession of an immigration visa or a reentry permit, who failed to undergo proper examination at a port of entry, such alien shall be examined in the district where located or residing, and complete record of the case, including his or her visa or reentry permit, shall be forwarded to the Central Office for consideration by the Department. If the Department directs admission, the officer in charge of the district where the examination has taken place will be so advised and furnished with the visa or permit, and he will thereupon cause the alien to be properly recorded as admitted, or if entry occurred in another district, he will forward the visa or permit to the officer in charge of that district for such recording, together with a duplicate copy of the entire record of examination, which record should include appropriate statistical data, postal money order for the head tax (where the latter is required), together with complete details concerning the time, place, and manner of the entry. It is essential that officers conducting such examinations shall go thoroughly into the circumstances attendant upon the failure of the alien to undergo proper examination at the time of entry, and particularly so if said entry occurred through a regular port, for the purpose of fixing the responsibility for failure to undergo inspection, as well as the actual date of the alien's entry, the port through which entry was made, and the means of transportation employed. Record of admission, if and when made, will be as of the actual date, place, and manner of arrival in the United States. If admission is not directed, instructions will be given for such other action as the circumstances may warrant.* (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202 (e)) [G.O. 101, 3d amdt., May 4, 1934]

Page 34

*For statutory citation, see note to $ 3.1.




Sec. 4.1 Inspection.

4.5 Further examination at border port. 4.2 Pre-examination of citizens, nation- 4.6 Canadian-born American Indians ;

als, statistical and nonstatistical exemption from immigration laws. aliens.

4.7 Residence in contiguous territory by 4.3 Pre-examination, procedure when aliens who traveled on noncomadmissibility determined.

plying line. 4.4 Procedure where pre-examination

board is nonexistent. Section 4.1 Inspection. All inspections and medical examinations conducted at Canadian seaports of entry for aliens bound for the United States, the land border ports of entry, or United States immigration offices in the interior of Canada where boards of special inquiry are stationed, shall be in all respects similar to those conducted at other ports of entry, and all necessary facilities shall be provided the proper officials of the United States to enable them to make the inspections and examinations required under the immigration laws of the United States.*+ (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4-A-1]

*88 4.1 to 4.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

*The source of $8 4.1 to 4.5, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

4.2 Pre-examination of citizens, nationals, statistical and nonstatistical aliens. United States citizens, citizens of the insular possessions of the United States, and aliens of the nonstatistical class, except as hereinafter provided, applying for pre-examination in Canada at places where United States immigration officers are stationed, shall prepare and present Form 521 at time of application, obtainable at such immigration offices, railroad or steamship ticket offices in Canada, or at such other places as may hereafter be designated. The names and ages of children under sixteen may be included in Form 521 prepared by the accompanying parent or guardian. The pre-examining inspector shall indicate on Form 521 whether the alien holder is a temporary visitor or a returning resident of the United States: Provided, That aliens of the class mentioned who are required to deposit head tax shall be fully manifested on Form 548 by the pre-examining inspector: Provided further, That such inspector shall enter on Form 548 the data appearing on Form 521 with regard to those nonstatistical aliens who hold re-entry permits or properly visaed passports, the form to contain a notation of the number of the permit or the fact that a visaed passport is carried: And provided further, That no preexamination will be accorded to persons of any class planning to proceed directly from a Canadian seaport to ports in the Territories of Hawaii and Alaska. Aliens of the statistical class shall be fully manifested on Form 548 by the pre-examining inspector whether arriving from overseas or whether their journey originates in Canada.*t (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [X-A-2]

**For statutory and source citations, see note $ 4.1.

Page 35

4.3 Pre-examination; procedure when admissibility determined. If and when admissibility is determined, Form 521 or Form 548 shall be so endorsed by the appropriate immigration officer, attached to other pertinent immigration documents, and given the applicant for presentation and surrender at the actual port of entry into the United States. Form 514, when applicable, shall be prepared except as to date and signature, and shall be completed upon the actual admission of the holder. If applicants of any class so preexamined depart for the United States by water from a place other than that at which the pre-examination was conducted, Forms 521 and 548 shall be countersigned by the appropriate United States immigration officer at the Canadian port of embarkation. Upon the surrender at ports of entry of properly endorsed Forms 521 and 548 within 30 days from issuance, the period of their validity, the rightful holders will be promptly admitted if their status has undergone no change since preexamination: Provided, however, That holders of visas must apply for admission at ports of entry within the period of validity of their visas, or it is established that such holders began a continuous journey to such ports of entry prior to the expiration of the visas. The actual port of entry into the United States shall be the “record” port of entry for all purposes, including head-tax transactions. Forms 521 and 548 shall be completed thereat, as will be all other immigration documents.** (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4-A-3]

4.4 Procedure where pre-examination board is nonexistent. Any alien not provided with Form 521 or Form 548 who shall apply for admission at a point on the Canadian border where no board of special inquiry is located, if held for examination by such a board, shall be conveyed by the transportation company concerned to the nearest port of entry where a board of special inquiry is located; and, in the discretion of the appropriate United States immigration official, any alien not having been pre-examined and not holding either of said forms, who shall apply for admission at a border point within one year after arriving at a Canadian seaport, shall be returned by the transportation company responsible, to the seaport of arrival for examination by United States immigration officials and (where proper) assessment of head tax in the manner required in the cases of aliens arriving at Canadian seaports and giving destinations in the United States, unless it shall appear that such alien was originally destined in good faith to Canada and has been actually residing in said country, or unless, upon examination, Canadian officials shall declare such alien eligible for residence in Canada and the transportation company involved shall arrange for his removal a reasonable distance from the boundary: Provided, That where the mental, physical, financial, or moral status of the alien is such that in the opinion of the proper official such person should be returned to the initial point of departure in Canada, the transportation company or other interest concerned shall, upon request, return such alien to such initial point of departure.** (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4–A-4]

4.5 Further examination at border port. All aliens seeking entry into the United States from Canada at the border ports without first having been pre-examined and granted Form 521 or Form 548,

Page 36

*iFor statutory and source citations, see note to § 4.1.

and who may not appear to the examining immigrant inspector clearly and beyond a doubt entitled to enter the United States; and those aliens holding either of said forms whose further examination is deemed necessary or advisable; and aliens brought to the border who have arrived in Canada by steamship lines or vessels which have not conformed to the requirements of section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 U.S.C. 217), and who have not had two years' residence in Canada, shall, at the discretion of the examining immigrant inspector, be removed from the railroad train or other vehicle of travel by the owner, agent, or person in charge of the transportation line concerned, and delivered to the immigration office or such other place of detention as may be designated by the said examining immigrant inspector, for further examination.** [4-A-5]

4.6 Canadian-born American Indians; exemption from immigration laws. American Indians born in Canada shall be permitted to enter the United States without inspection under the immigration laws. This right shall not extend to persons whose membership in Indian tribes or families is created by adoption.* (45 Stat. 401; 8 U.S.C. 226a) [G.O. 109, July 18, 1928)

4.7 Residence in contiguous territory by aliens who traveled on noncomplying line. Where an alien has entered foreign contiguous territory by a transportation line not signatory to the agreement made pursuant to section 23 of the Immigration Act of 1917 (39 Stat. 892; 8 U.S.C. 160), and section 17 of the Immigration Act of 1924. (43 Stat. 163; 8 U.S.C. 217), with the intention, actually carried into effect, of taking up permanent residence in such foreign contiguous territory, and such arrival and the taking up of residence occurred at least two years prior to the time of making application for admission to the United States, the admissibility of such alien will not be destroyed merely by reason of temporary absence, without relinquishment of domicile, from such foreign contiguous territory subsequent to the time of taking up permanent residence therein.* [G.O. 53, Sept. 8, 1925]



Sec. 5.1 Definitions.

5.10 Manifest of permanent crew of air5.2 Ciril aircraft; how considered.

craft; notice of changes. 5.3 Airmen; how considered.

5.11 Pre-examination in Canada of air5.4 Designation of airports of entry

craft passengers. for aliens.

5.12 Chinese arriving by aircraft; sepa

rate manifests. 5.5 Withdrawal of designation of air

5.13 Aircraft manifests; by whom proport of entry for aliens.

vided. 5.6 Inspection of aliens arriving by 5.14 Advance notice of arrival of airaircraft.

craft. 5.7 Deportation of excluded aliens ar- 5.15 Landing of aircraft at other than riving by aircraft.

designated airports of entry for 5.8 Manifests and crew lists of air

aliens, prohibited. craft to be furnished.

5.16 Landing at other than designated 5.9 Manifests of passengers and crew airports of entry for aliens; when

arriving by aircraft; how pre permitted; report required.

5.17 Penalties.

**For statutory and source citations, see note to § 4.1.

Page 37

« PreviousContinue »