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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

migrant under paragraph (15) (A), (15) (E), or (15) (G) of section 101 (a), if such alien had at the time of entry or subsequently acquires an occupational status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such sections. As of the date of the Attorney General's order making such adjustment of status, the Attorney General shall cancel the record of the alien's admission for permanent residence, and the immigrant status of such alien shall thereby be terminated.

(b) The adjustment of status required by subsection (a) shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15) (A), (15) (E), or (15) (G) of section 101 (a).

CHANGE OF NONIMMIGRANT

CLASSIFICATION

SEC. 248. The Attorney General may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status, except an alien classified as a nonimmigrant under paragraph 15 (D) of section 101 (a), or an alien classified as a nonimmigrant under paragraph (15) (C) of section 101 (a) unless he applies to have his classification changed from a classification under paragraph (15) (C) to a classification under paragraph (15) (A) or (15) (G) of section 101 (a).

BECORD OF ADMISSION FOR PERMANENT REGISTRY OF ALIENS WHERE NO RECORD OF

RESIDENCE IN THE CASE OF CERTAIN ADMISSION FOR PERMANENT RESIDENCE,
ALIENS WHO ENTERED THE UNITED ENTRY PRIOR TO JULY 1, 1924
STATES PRIOR TO JULY 1, 1924

SEC. 249. (a) A record of lawful ad- (b) Registry of aliens at ports of mission for permanent residence may, entry required by subsection (a) of this in the discretion of the Attorney Gen- section may be made as to any alien not eral and under such regulations as he ineligible to citizenship in whose case may prescribe, be made in the case of there is no record of admission for any alien, if no such record is other- permanent residence, if such alien shall

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wise available and such alien shall sat- make a satisfactory showing to the isfy the Attorney General that he Commissioner, in accordance with regu

(1) entered the United States prior lations prescribed by the Commissioner, to July 1, 1924;

with the approval of the Attorney Gen(2) has had his residence in the eral, that such alienUnited States continuously since such (1) entered the United States prior entry;

to July 1, 1924; (3) is a person of good moral char- (2) has resided in the United acter;

States continuously since such entry; (4) is not subject to deportation; (3) is a person of good moral charand

acter; and (5) is not ineligible to citizenship. (4) is not subject to deportation.

(54 Stat. 1152.) (Nationality Act of 1940, sec. 328 (b); 8 U. S. C. 728.)

RECORD OF REGISTRY DEEMED LAWFUL
ADMISSION FOR PERMANENT RESIDENCE

(b) An alien in respect of whom a (c) For the purposes of the immigrarecord of admission has been made as tion laws and naturalization laws an authorized by subsection (a), shall he alien, in respect of whom a record of deemed to have been lawfully admitted registry has been made as authorized to the United States for permanent resi- by this section, shall be deemed to have dence as of the date of his entry prior to been lawfully admitted to the United July 1, 1924.

States for permanent residence as of the date of such alien's entry. (Nationality Act of 1940, sec. 328 (c); 8 U. S. C. 728.)

REMOVAL OF ALIENS WHO HAVE FALLEN

INTO DISTRESS

* *

SEC. 250. The Attorney General may *

and [the Commissioner) shall remove from the United States any have authority to enter into contract alien who falls into distress or who for the support and relief of such aliens needs public aid from causes arising as may fall into distress or need public subsequent to his entry, and is de- aid, and to remove to their native counsirous of being so removed, to the na- try, or the country from whence they tive country of such alien, or to the came, or to the country of which they country from which he came, or to the are citizens or subjects, at any time country of which he is a citizen or sub- after entry, at the expense of the approject, or to any other country to which he priations for the enforcement of this wishes to go and which will receive him, Act, such as fall into distress or need at the expense of the appropriation for public aid from causes arising subsethe enforcement of this Act. Any alien quent to their entry and are desirous of so removed shall be ineligible to apply being so removed, but any person thus for or receive a visa or other documen- removed shall forever be ineligible for tation for readmission, or to apply for readmission except upon the approval admission to the United States except of the Secretary of State and the Atwith the prior approval of the Attorney torney General. (Act of 1917, sec. 23.) General.

CHAPTER 6-SPECIAL PROVISIONS RELA

TING TO ALIEN CREWMEN

LISTS OF ALIEN CREW MEN; REPORTS OF

ILLEGAL LANDINGS

LISTS OF ALIENS EMPLOYED ON VESSELS
ARRIVING FROM FOREIGN PORTS ;

RE-
PORTS OF ALIENS ILLEGALLY LANDEI);
PENALTY

SEC. 251. (a) Upon arrival of any Sec. 36. That upon arrival of any vessel or aircraft in the United States vessel in the United States from any from any place outside the United foreign port or place it shall be the States it shall be the duty of the own- duty of the owner, agent, consignee, or er, agent, consignee, master, or com- master thereof to deliver to the prin.

THE IMMIGRATION AND NATIONALITY ACT,

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OLD LAW

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manding officer thereof to deliver to an cipal immigration and naturalization immigration officer at the port of ar- officer in charge of the port of arrival rival (1) a complete, true, and correct lists containing the names of all aliens list containing the names of all aliens employed on such vessel, stating the employed on such vessel or aircraft, positions they respectively hold in the the positions they respectively hold in ship's company, when and where they the crew of the vessel or aircraft, when were respectively shipped or engaged ; and where they were respectively and specifying those to be paid off and shipped or engaged, and those to be discharged in the port of arrivai; or paid off or discharged in the port of lists containing so much of such inforarrival; or (2) in the discretion of the mation as the Attorney General shall Attorney General, such a list contain- by regulation prescribe; and after the ing so much of such information, or arrival of any such vessel it shall be such additional or supplemental infor- the duty of such owner, agent, consignee, mation, as the Attorney General shall or master to report to such immigration by regulations prescribe. In the case and naturalization officer, in writing, of a vessel engaged solely in traffic on as as discovered, all cases in the Great Lakes, Saint Lawrence River, which any such alien has illegally and connecting waterways, such lists landed from the vessel, giving a deshall be furnished at such times as the scription of such alien, together with Attorney General may require.

any information likely to lead to his (b) It shall be the duty of any own- apprehension; and before the deparer, agent, consignee, master, or com- ture of any such vessel it shall be the manding officer of any vessel or air- duty of such owner, agent, consignee, craft to report to an immigration offi- or master to deliver to such immigracer, in writing, as soon as discovered, tion and naturalization officer a furall cases in which any alien crewman ther list containing the names of all has illegally landed in the United alien employees who were not employed States from the vessel or aircraft, to- thereon at the time of the arrival but gether with a description of such alien who will leave port thereon at the time and any information likely to lead to of her departure, and also the names his apprehension.

of those, if any, who have been paid (c) Before the departure of any ves- off and discharged, and of those, if sel or aircraft from any port in the any, who have deserted or landed; and United States, it shall be the duty of in case of the failure of such owner, the owner, agent, consignee, master, or agent, consignee, or masters so to decommanding officer thereof, to deliver liver either of the said lists of such to an immigration officer at that port aliens arriving and departing, respec(1) a list containing the names of all tively, or so to report such cases of dealien employees who were not employed sertion or landing, such owner, agent, thereon at the time of the arrival at consignee, or master shall, if required that port but who will leave such port by the Attorney General, pay to the colthereon at the time of the departure of lector of customs of the customs dissuch vessel or aircraft and the names trict in which the port of arrival is of those, if any, who have been paid off located the sum of $10 for each alien or discharged, and of those, if any, who concerning whom correct lists are not have deserted or landed at that port, delivered or a true report is not made or (2) in the discretion of the Attorney as above required; and no such vessel General, such a list containing so much shall be granted clearance pending the of such information, or such additional determination of the question of the or supplemental information, as the liability to the payment of such fine, Attorney General shall by regulations and, in the event such fine is imposed, prescribe. In the case of a vessel while it remains unpaid ; nor shall such engaged solely in traffic on the Great fine be remitted or refunded : Provided, Lakes, Saint Lawrence River, and That clearance may be granted prior connecting waterways, such lists shall to the determination of such question be furnished at such times as the At- upon deposit of a sum sufficient to torney General may require.

cover such fine. (Act of 1917, sec. 36.) (d) In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens, or to report cases of desertion or landing, as required by subsections (a), (b), and

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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

(c), such owner, agent, consignee, master, or commanding officer, shall, if required by the Attorney General, ray to the collector of customs of any customs district in which the vessel or aircraft may at any time be found the sum of $10 for each alien concerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. No such vessel or aircraft shall be granted clearance from any port at which it arrives pending the determination of the question of the liability to the payment of such fine, and if such fine is imposed, while it remains unpaid. No such fine shall be remitted or refunded. Clearance may be granted prior to the determination of such question upon deposit of a bond or a sum sufficient to cover such fine.

(e) The Attorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United States or any port thereof within the meaning of any provision of this chapter.

CONDITIONAL PERMITS TO LAND

TEMPORARILY

PAYING OFF OR DISCHARGING EXCLUDED

ALIENS EMPLOYED ON VESSELS; LAND

SEC. 252. (a) No alien crewman shall ING TO ALLOW RESHIPPING be permitted to land temporarily in the SEC. 33. That it shall be unlawful and United States except as provided in this be deemed a violation of the preceding section, section 212 (d) (3), section 212 section to pay off or discharge any alien (d) (5), and section 253. If an immi- employed on board any vessel arriving gration officer finds upon examination in the United States from any foreign that an alien crewman is a nonimmi- port or place, unless duly admitted purgrant under paragraph (15) (D) of sec- suant to the laws and treaties of the tion 101 (a) and is otherwise admis- United States regulating the immigrasible and has agreed to accept such per- tion of aliens: Provided, That in case mit, he may, in his discretion, grant any such alien intends to reship on the crewman a conditional permit to board any other vessel bound to any forland temporarily pursuant to regula- eign port or place, he shall be allowed tions prescribed by the Attorney Gen- to land for the purpose of so reshipping, eral, subject to revocation in subsequent under such regulations as the Attorney proceedings as provided in subsection General may prescribe to prevent aliens (b), and for a period of time, in any not admissible under any law, convenevent, not to exceed

tion, or treaty from remaining per(1) the period of time (not exceed- manently in the United States, and may ing twenty-nine days) during which be paid off, discharged, and permitted the vessel or aircraft on which he to remove his effects, anything in such arrived remains in port, if the immi- laws or treaties or in this Act to the gration officer is satisfied that the contrary notwithstanding, provided due crewman intends to depart on the notice of such proposed action be given vessel or aircraft on which he arrived; by the master or the seaman himself

to the principal immigration and natu(2) twenty-nine days, if the immi- ralization officer in charge at the port gration officer is satisfied that the of arrival. (Act of 1917, sec. 33.) crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived.

or

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ALIEN SEAMAN; LANDING OF EXCLUDED

SEAMAN PROHIBITED; TEMPORARY

LANDING (b) Pursuant to regulations pre- SEC. 19. No alien seaman excluded scribed by the Attorney General, any from admission into the United States immigration officer may, in his discre- under the immigration laws and emtion, if he determines that an alien is ployed on board any vessel arriving in not a bona fide crewman, or does not the United States from any place outintend to depart on the vessel or air. side thereof, shall be permitted to land craft which brought him, revoke the in the United States, except tempoconditional permit to land which was rarily for medical treatment, or purgranted such crewman under the pro- suant to such regulations as the Attorvisions of subsection (a) (1), take such ney General may prescribe for the ulticrewman into custody, and require the mate departure, removal, or deportamaster or commanding officer of the tion of such alien from the United vessel or aircraft on which the crew- States. (Act of 1924, sec. 19.) man arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be deported from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so deported, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 242 of this Act to cases falling within the provisions of this subsection.

(c) Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months, or both.

HOSPITAL TREATMENT OF ALIEN CREWMEN

AFFLICTED WITH CERTAIN DISEASES SEC. 253. An alien crewman, including That alien seamen found on arrival in an alien crewman ineligible for a con- ports of the United States to be afflicted ditional permit to land under section with any of the disabilities or diseases 252 (a), who is found on arrival in a mentioned in section 35 of the Act of port of the United States to be afflicted February 5, 1917, entitled “An Act to with any of the disabilities or diseases regulate the immigration of aliens to, mentioned in section 255, shall be placed and residence of aliens in, the United in a hospital designated by the immi. States,” shall be placed in a hospital gration officer in charge at the port of designated by the immigration and arrival and treated, all expenses con- naturalization official in charge at the nected therewith, including burial in port of arrival and treated, all expenses the event of death, to be borne by the connected therewith, including burial owner, agent, consignee, commanding in the event of death, to be borne by the officer, or master of the vessel or air- owner, agent, consignee, or master of craft, and not to be deducted from the the vessel, and not to be deducted from crewman's wages. No such vessel or the seamen's wages, and no such vessel aircraft shall be granted clearance until shall be granted clearance until such such expenses are paid, or their pay- expenses are paid or their payment ap. ment appropriately guaranteed, and the propriately guaranteed and the colleccollector of customs is so notified by the tor of customs so notified by the immi. immigration officer in charge. An alien gration and naturalization official in crewman suspected of being afflicted charge: Provided, That alien seamen with any such disability or disease may suspected of being afflicted with any

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