Page images
PDF
EPUB

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(d) The term “United States” as SEC. 4. The term “United States" as used in this section includes the Canal used in this Act includes the Canal Zone, and all territory and waters, Zone, the Commonwealth of the Philipcontinental or insular, subject to the pines, and all territory and waters, conjurisdiction of the United States. The tinental or insular, subject to the juristerm "person” as used in this section diction of the United States. shall be deemed to mean any individual, The word "person" as used herein partnership, association, company, or shall be deemed to mean any individual, other incorporated body of individuals, partnership, association, company, or or corporation, or body politic.

other unincorporated body of individuals, or corporation, or body politic.

(Act of May 22, 1918.) (e) Nothing in this section shall be SEC. 5. Nothing in this Act shall be construed to entitle an alien to whom a construed to entitle an alien to whom permit to enter the United States has a permit to enter the United States has been issued to enter the United States, been issued to enter the United States, if, upon arrival in the United States, he if, upon arrival in the United States, he is found to be inadmissible under any is found to be inadmissible to the of the provisions of this Act, or any United States under this Act or any other law, relating to the entry of law relating to the entry of aliens into aliens into the United States.

the United States. (Act of May 22,

1918.) (f) The revocation of any proclama- Sec. 6. The revocation of any proction, rule, regulation, or order issued in lamation. rule, regulation, or order ispursuance of this section shall not pre- sued in pursuance of this Act shall not vent prosecution for any offense com- prevent prosecution for any offense mitted, or the imposition of any penal- committed or the imposition of any ties or forfeitures, liability for which penalties or forfeitures, liability for was incurred under this section prior which was incurred under this Act to the revocation of such proclamation, prior to the revocation of such proclarule, regulation, or order.

mation, rule, regulation, or order. (Act

of May 22, 1918.) (g) Passports, visas, reentry permits, and other documents required for entry under this Act may be considered as permits to enter for the purposes of this section.

CHAPTER 3-ISSUANCE OF ENTRY

DOCUMENTS

ISSUANCE OF VISAS

IMMIGRATION VISAS, AUTHORITY TO ISSUE;

CONTENTS

SEC. 221. (a) Under the conditions SEC. 2. (a) A consular officer upon hereinafter prescribed and subject to the application of any immigrant (as the limitations prescribed in this Act or defined in section 3) may (under the regulations issued thereunder, a con- conditions hereinafter prescribed and sular officer may issue (1) to an immi- subject to the limitations prescribed in grant who has made proper application this Act or regulations made thereunder therefor, an immigrant visa which shall as to the number of immigration visas consist of one copy of the application which may be issued by such officer) provided for in section 222, visaed by issue to such immigrant an immigration such consular officer, and shall specify visa which shall consist of one copy of the quota, if any, to which the immi- the application provided for in section grant is charged, the immigrant's par- 7, visaed by such consular officer. Such ticular status under such quota, the par- visa shall specify (1) the nationality of ticular nonquota category in which the the immigrant; (2) whether he is a immigrant is classified, if a nonquota quota immigrant (as defined in section immigrant, the date on which the valid- 5) or a nonquota immigrant (as defined ity of the visa shall expire, and such in section 4); (3) the date on which the additional information as may be re- validity of the immigration visa shall quired ; and (2) to a nonimmigrant who expire; and (4) such additional inforhas made proper application therefor, amation necessary to the proper enforce

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

nonimmigrant visa, which shall specify ment of the immigration laws and the the classification under section 101 (a) naturalization laws as may be by regu(15) of the nonimmigrant, the period lations prescribed. (Act of 1924, sec. during which the nonimmigrant visa 2 (a).) shall be valid, and such additional information as may be required.

PHOTOGRAPH OF IMMIGRANT

(b) Each alien who applies for a visa (b) The immigrant shall furnish two shall be registered and fingerprinted in copies of his photograph to the consular connection with his application, and officer. One copy shall be permanently shall furnish copies of his photograph attached by the consular officer to the signed by him for such use as may be immigration visa and the other copy by regulations required. The require- shall be disposed of as may be by reguments of this subsection may be waived lations prescribed. (Act of 1924, sec. in the discretion of the Secretary of 2 (b).) State in the case of any alien who is SEC. 30. No visa shall hereafter be ise within that class of nonimmigrants sued to any alien seeking to enter the enumerated in sections 101 (a) (15) United States unless said alien has been (A), and 101 (a) (15) (G), or in the registered and fingerprinted in duplicase of any alien who is granted a diplo- cate. One copy of the registration and matic visa on a diplomatic passport or fingerprint record shall be retained by on the equivalent thereof.

the consul. The second copy shall be attached to the alien's visa and shall be taken up by the examining immigrant inspector at the port of arrival of the alien in the United States and forwarded to the Department of Justice, at Washington, District of Columbia. (Alien Registration Act, 1940, sec. 30; 8 U. S. C. 451.)

PERIOD OF VALIDITY OF VISA

(c) An immigrant visa shall be valid (c) The validity of an immigration for such period, not exceeding four visa shall expire at the end of such pemonths, as shall be by regulations pre- riod, specified in the immigration visa, scribed. A nonimmigrant visa shall be not exceeding four months, as shall be valid for such periods as shall be by by regulations prescribed. In the case regulations prescribed. In prescribing of an immigrant arriving in the United the period of validity of a nonimmi- States by water, or arriving by water grant visa in the case of nationals of in foreign contiguous territory on a conany foreign country who are eligible for tinuous voyage to the United States, if such visas, the Secretary of State shall, the vessel, before the expiration of the insofar as practicable, accord to such validity of his immigration visa, denationals the same treatment upon a re- parted from the last port outside the ciprocal basis as such foreign country United States and outside foreign conaccords to nationals of the United States tiguous territory at which the immiwho are within a similar class. An grant embarked, and if the immigrant immigrant visa may be replaced under proceeds on a continuous voyage to the the original quota number during the United States, then, regardless of the quota year in which the original visa time of his arrival in the United States, was issued for a quota immigrant who the validity of his immigration visa establishes to the satisfaction of the shall not be considered to have expired. consular officer that he was unable to (Act of 1924, sec. 2 (c).) use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible: Provided, the consular officer is in possession of the duplicate signed copy of the original visa, the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays

THE IMMIGRATION AND NATIONALITY AOT,

PUBLIC LAW 414

OLD LAW

again the statutory fees for an application and an immigrant visa.

(d) Prior to the issuance of an immigrant visa to any alien, the consular officer shall require such alien to submit to a physical and mental examination in accordance with such regulations as may be prescribed. Prior to the issuance of a nonimmigrant visa to any alien, the consular officer may require such alien to submit to a physical or mental examination, or both, if in his opinion such examination is necessary to ascertain whether such alien is eligible to receive a visa.

ENTRY ON MANIFESTS OR PASSENGER LISTS

OF DATA CONCERNING IMMIGRATION
VISAS; SURRENDER OF VISAS AT PORTS
OF INSPECTION AND TRANSMITTAL TO
CENTRAL OFFICE

(e) Each immigrant shall surrender (e) The manifest or list of passenhis immigrant visa to the immigration gers required by the immigration laws officer at the port of entry, who shall shall contain a place for entering thereendorse on the visa the date and the on the date, place of issuance, and port of arrival, the identity of the ves- numbers of the immigration visa of sel or other means of transportation by each immigrant. The immigrant shall which the immigrant arrived, and such surrender his immigration visa to the other endorsements as may be by regu- immigration officer at the port of inlations required.

spection, who shall at the time of in(f) Each nonimmigrant shall pres- spection indorse on the immigration ent or surrender to the immigration offi- visa the date, the port of entry, and cer at the port of entry such documents the name of the vessel, if any, on which as may be by regulation required. In the immigrant arrived. The immigrathe case of an alien crewman not in tion visa shall be transmitted forthpossession of any individual documents with by the immigration and naturalother than a passport and until such ization officer in charge at the port of time as it becomes practicable to issue inspection to the Department of Jusindividual documents, such alien crew- tice under regulations prescribed by man may be admitted, subject to the the Attorney General. (Act of 1924, provisions of this title, if his name ap- sec. 2 (e).) pears in the crew list of the vessel or aircraft on which he arrives and the crew list is visaed by a consular officer, but the consular officer shall have the right to exclude any alien crewman from the crew list visa.

VISAS NOT TO BE ISSUED, WHEN

(g) No visa or other documentation (f) No immigration visa shall be isshall be issued to an alien if (1) it ap- sued to an immigrant if it appears to the pears to the consular officer, from state- consular officer, from statements in the ments in the application, or in the pa- application, or in the papers submitted pers submitted therewith, that such therewith that the immigrant is inadalien is ineligible to receive a visa or missible to the United States under such other documentation under section the immigration laws, nor shall such 212, or any other provision of law, (2) immigration visa be issued if the apthe application fails to comply with the plication fails to comply with the proprovisions of this Act, or the regula- visions of this Act, nor shall such imtions issued thereunder, or (3) the con- migration visa be issued if the consular sular officer knows or has reason to officer knows, or has reason to believe believe that such alien is ineligible to that the immigrant is inadmissible to

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

receive a visa or such other documenta- the United States under the immigration under section 212, or any other tion laws. (Act of 1924, sec. 2 (f).) provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212 (a) (7), or section 212 (a) (15), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking

VISA NOT TO ENTITLE INADMISSIBLE providing indemnity as in the case of

ALIENS TO ENTRY aliens admitted under section 213.

(h) Nothing in this Act shall be con- (g) Nothing in this Act shall be construed to entitle any alien, to whom a strued to entitle an immigrant, to whom visa or other documentation has been an immigration visa has been issued, to issued, to enter the United States, if, enter the United States, if, upon arupon arrival at a port of entry in the rival in the United States, he is found United States, he is found to be inad- to be inadmissible to the United States missible under this Act, or any other under the immigration laws. The subprovision of law. The substance of

stance of this subdivision shall be this subsection shall appear upon ev- printed conspicuously upon every immi. ery visa application.

gration visa. (Act of 1924, sec 2 (g).)

NOTATION ON PASSPORT OF NUMBER OF

VISA

(i) After the issuance of a visa or (d) If an immigrant is required by other documentation to any alien, the any law, or regulations or orders made consular officer or the Secretary of pursuant to law, to secure the visa of State may at any time, in his dis- his passport by a consular officer bem cretion, revoke such visa or other docu- fore being permitted to enter the mentation. Notice of such revocation United States, such immigrant shall shall be communicated to the Attorney not be required to secure any other visa General, and such revocation shall in- of his passport than the immigration validate the visa or other documenta- visa issued under this Act, but a record tion from the date of issuance: Pro- of the number and date of his immigravided, That carriers or transportation tion visa shall be noted on his passport companies, and masters, commanding without charge therefor. This subofficers, agents, owners, charterers, or division shall not apply to an immiconsignees, shall not be penalized un- grant who is relieved under subdivision der section 273 (b) for action taken in (b) of section 13, from obtaining an reliance on such visas or other docu- immigration visa. (Act of 1924, sec. mentation, unless they received due 2 (d).) notice of such revocation prior to the alien's embarkation.

APPLICATIONS FOR VISAS

DUPLICATE APPLICATIONS FOR VISAS;

FORM OF

SEC. 222. (a) Every alien applying for Sec. 7. (a) Every immigrant applying an immigrant visa and for alien regis- for an immigration visa shall make aptration shall make application therfor plication therefor in duplicate in such in such form and manner and at such form as shall be by regulations preplace as shall be by regulations pre- scribed. scribed. In the application the immi

CONTENTS grant shall state his full and true name, and any other name which he has used (b) In the application the immigrants or by which he has been known; age shall state (1) the immigrant's full and and sex; race and ethnic classification; true name; age, sex, and race; the date the date and place of his birth; present and place of birth; places of residence address and places of previous resi- for the five years immediately preceding dence; whether married or single, and his application; whether married or the names and places of residence of single, and the names and places of resi

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

or

name

spouse and children, if any; calling or dence of wife or husband and minor occupation; personal description (in- children, if any; calling or occupation; cluding height, complexion, color of hair personal description (including height, and eyes, and marks of identification); complexion, color of hair and eyes, and languages he can speak, read, or write; marks of identification); ability to names and addresses of parents, and if speak, read, and write; names and ad. neither parent living, then the name and dresses of parents, and if neither parent address of his next of kin in the country living, then the name and address of his from which he comes ; port of entry into nearest relative in the country from the United States ; final destination, if which he comes; port of entry into the any, beyond the port of entry; whether United States ; final destination, if any, he has a ticket through to such final des- beyond the port of entry; whether he tination; whether going to join a rela- has a ticket through to such final tive or friend, and, if so, the name and destination; whether going to join complete address of such relative or a relative or friend, and, if so, what friend; the purpose for which he is go- relative friend and his ing to the United States; the length of and complete address; the purpose for time he intends to remain in the United which he is going to the United States; States; whether or not he intends to re- the length of time he intends to remain main in the United States permanently; in the United States whether or not he whether he was ever arrested, convicted intends to abide in the United States or was ever in prison or almshouse; permanently; whether ever in prison or whether he has ever been the beneficiary alms house; whether he or either of his of a pardon or an amnesty; whether he parents has ever been in an institution has ever been treated in an institution or hospital for the care and treatment or hospital or other place for insanity of the insane; (2) if he claims to be a or other mental disease; if he claims to nonquota immigrant, the facts on which be a preference quota or a nonquota im- he bases such claim; and (3) such admigrant, the facts on which he bases ditional information necessary to the such claim; whether or not he is a mem- proper enforcement of the immigration ber of any class of individuals excluded laws and the naturalization laws, as from admission into the United States, may be by regulations prescribed. (Act or whether he claims to be exempt from of 1924, sec. 7 (a) and (b).) exclusion under the immigration laws; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed.

STATEMENTS AS TO MEMBERSHIP IN

CLASSES OF ALIENS EXCLUDED

(d) In his application the immigrant shall also state (to such extent as shall be by regulations prescribed) whether or not he is a member of each class of individuals excluded from admission to the United States under the immigration laws, and such classes shall be stated on the blank in such form as shall be by regulations prescribed, and the immigrant shall answer separately as to each class. (Act of 1924, sec. 7 (d).)

STATEMENT AS TO EXEMPTION FROM

EXCLUSION

(e) If the immigrant is unable to state that he does not come within any of the excluded classes, but claims to be for any legal reason exempt from exclusion, he shall state fully in the application the grounds for such alleged exemption. (Act of 1924, sec. 7 (e).)

« PreviousContinue »