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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

OLD LAW

COPIES OF DOSSIER AND OTHER RECORDS

(b) Every alien applying for an im- (c) The immigrant shall furnish, if migrant visa shall present a valid un- available, to the consular officer, with expired passport

or

other suitable his application, two copies of his “dostravel document, or document of iden- sier” and prison record and military tity and nationality, if such document record, two certified copies of his birth is required under the regulations is- certificate, and two copies of all other sued by the Secretary of State. The available public records concerning him immigrant shall furnish to the consular kept by the Government to which he officer with his application two copies owes allegiance. One copy of the docof a certification by the appropriate uments so furnished shall be permapolice authorities stating what their nently attached to each copy of the records show concerning the immi- application and become a part thereof. grant; two certified copies of any ex- An immigrant having an unexpired peristing prison record, military record, mit issued under the provisions of secand record of his birth; and two certi- tion 10 shall not be subject to this fied copies of all other records or doc- subdivision. In the case of an applicauments concerning him or his case tion made before September 1, 1924, which may be required by the consular if it appears to the satisfaction of the officer. One copy of each document so consular officer that the immigrant has furnished shall be permanently at- obtained a visa of his passport before tached to each copy of the application the enactment of this Act, and is unand become a part thereof. In the able to obtain the documents referred event that the immigrant establishes to in this subdivision without undue to the satisfaction of the consular offi- expense and delay, owing to absence cer that any document or record re- from the country from which such quired by this subsection is unobtain- documents should be obtained, the conable, the consular officer may permit sular officer may relieve such immigrant the immigrant to submit in lieu of such from the requirements of this subdidocument or record other satisfactory vision. (Act of 1924, sec, 7 (c).) evidence of the fact to which such docunent or record would, if obtainable, pertain.

(c) Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, his race and ethnic classification; the purpose and length of his intended stay in the United States; personal description (including height, complexion, color of hair and eyes, and marks of identification); his marital status ; 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.

(d) Every alien applying for a nonimmigrant visa and alien registration shall furnish to the consular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required.

OLD LAW

THE IMMIGRATION AND NATIONALITY AOT,

PUBLIC LAW 414

BIGNATURE TO AND VERIFICATION OF AP

PLICATION; ONE COPY TO BE IMMIGRA-
TION VISA WHEN VISAED; DISPOSITION
OF OTHER COPY

(e) Except as may be otherwise prer be signed by the immigrant in the pres,

(f) Each copy of the application shall scribed by regulations, each copy of an application required by this section

ence of the consular officer and verified shall be signed by the applicant in the by the oath of the immigrant admin

One presence of the consular officer, and istered by the consular officer. verified by the oath of the applicant cony of the application, when visaed administered by the consular officer. by the consular officer, shall become the One copy of the application for an im- immigration visa, and the other copy migrant visa, when visaed by the con- shall be disposed of as may be by regusular officer, shall become the immi- lations prescribed. grant visa, and the other copy shall be disposed of as may be by regulations VERIFICATION OF APPLICATION BY IMMImrescribed. The application for a non

GRANT UNDER AGE OF EIGHTEEN YEARS immigrant visa or other documentation as a nonimmigrant shall be disposed under 18 years of age the application

(g) In the case of an immigrant of as may be by regulations prescribed. The issuance of a nonimmigrant visa may be made and verified by such inshall, except as may be otherwise by dividual as shall be by regulations pre

scribed. regulations prescribed, be evidenced by

(Act of 1924, sec. 7 (f) and

(g).) a stamp placed by the consular officer in the alien's passport.

(f) The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.

REENTRY PERMITS

PERMIT TO REENTER THE UNITED STATES

AFTER TEMPORARY ABSENCE: PERSONS
ENTITLED TO; APPLICATION FOR : FORM
AND CONTENTS; VERIFICATION; PHOTO
GRAPH ACCOMPANYING

Sec. 223. (a) (1) Any alien lawfully SEC. 10. (a) Any alien about to deadmitted for permanent residence, or part temporarily from the United States (2) any alien lawfully admitted to the may make application to the CommisUnited States pursuant to clause 6 of sioner of Immigration and Naturalizasection 3 of the Immigration Act of tion for a permit to reenter the United 1924, between July 1, 1924, and July States, stating the length of his in5, 1932, both dates inclusive, who in- tended absence, and the reasons theretends to depart temporarily from the for. Such application shall be made United States may make application under oath, and shall be in such form to the Attorney General for a permit and contain such information as may to reenter the United States, stating be by regulations prescribed, and shall the length of his intended absence or be accompanied by two copies of the absences, and the reasons therefor. applicant's photograph. (Act of 1924, Such applications shall be made under sec. 10 (a).)

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

oath, and shall be in such form, contain such information, and be accompanied by such photographs of the applicant as may be by regulations prescribed.

ISSUANCE OF REENTRY PERMITS RY COM

MISSIONER OF IMMIGRATION AND NATU-
RALIZATION WITH APPROVAL OF ATTOR-
NEY GENERAL; LIFE OF PERMIT; FORM
AND CONTENTS OF PERMIT; PHOTOGRAPH
ATTACHED

(b) If the Attorney General finds (b) If the Commissioner of Immigra(1) that the applicant under subsec- tion and Naturalization finds that the tion (a) (1) has been lawfully admitted alien has been legally admitted to the to the United States for permanent resi- United States, and that the application dence, or that the applicant under is made in good faith, he shall, with subsection (a) (2) has since admission the approval of the Attorney General, maintained the status required of him issue the permit, specifying therein at the time of his admission and such the length of time, not exceeding one applicant desires to visit abroad and year, during which it shall be valid. to return to the United States to re- The permit shall be in such form as sume the status existing at the time of shall be by regulations prescribed and his departure for such visit, (2) that shall have permanently attached therethe application is made in good faith, to the photograph of the alien to whom and (3) that the alien's proposed de- issued, together with such other matter parture from the United States would as may be deemed necessary for the not be contrary to the interests of the complete identification of the alien. United States, the Attorney General (Act of 1924, sec. 10 (b).) may, in his discretion, issue the permit, which shall be valid for not more than one year from the date of issuance: Provided, That the Attorney General may in his discretion extend the validity of the permit for a period or periods not exceeding one year in the aggregate. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien.

STARTORD LIBRARIES

EXTENSION OF LIFE OF PERMIT (c) During the period of validity,

(c) On good cause shown the validity such permit may be used by the alien of the permit may be extended for such in making one or more applications for period or periods, not exceeding six reentry into the United States.

months each, and under such conditions
as shall be by regulations prescribed.
(Act of 1924, sec. 10 (c).)

SURRENDER OF PERMIT ON RETURN TO

UNITED STATES

(d) Upon the return of the alien to

(e) Upon the return of the alien to the United States the permit shall be the United States the permit shall be presented to the immigration officer at surrendered to the immigration officer the port of entry, and upon the expira- at the port of inspection. (Act of tion of its validity, the permit shall be 1924, sec. 10 (e).) surrendered to the Service.

EFFECT OF PERMIT ON RIGHTS OF ALIEN

(e) A permit issued under this sec- (f) A permit issued under this section in the possession of the person to tion shall have no effect under the imwhom issued, shall be accepted in lieu migration laws, except to show that the

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

of any visa which otherwise would be alien to whom it is issued is returning required from such person under this from a temporary visit abroad; but Act. Otherwise a permit issued under nothing in this section shall be conthis section shall have no effect under strued as making such permit the exthe immigration laws except to show clusive means of establishing that the that the alien to whom it was issued is alien is so returning. (Act of 1924, returning from a temporary visit sec. 10 (f).) abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning.

NON QUOTA IMMIGRANT VISAS

NONQUOTA IMMIGRATION VISAS (WHEN

AND HOW USED)

SEC. 224. A consular officer, may, sub

SEC. 8. A consular officer may, subject to the limitations provided in sec- ject to the limitations provided in sections 204, 205, and 221, issue an immi- tions 2 and 9, issue an immigration visa grant visa to a nonquota immigrant as

to a nonquota immigrant as such upon such upon satisfactory proof, under reg- satisfactory proof, under regulations ulations prescribed under this Act, that prescribed under this Act, that the ap the applicant is entitled to a nonquota plicant is entitled to be regarded as a immigrant status.

nonquota immigrant. (Act of 1924, sec.

8.)

TO

CHAPTER 4-PROVISIONS RELATING

ENTRY AND EXCLUSION

LISTS OF ALIEN AND CITIZEN PASSENGERS

ARRIVING OR DEPARTING; RECORD OF
RESIDENT ALIENS AND CITIZENS LEAVING
PERMANENTLY FOR FOREIGN COUNTRY

LISTS OF ALIEN AND CITIZEN PASSENGERS

ARRIVING OR DEPARTING; RECORD OF
RESIDENT ALIENS AND CITIZENS LEAVING
PERMANENTLY FOR FOREIGN COUNTRY

Sec. 231. (a) Upon the arrival of SEC. 12. That upon the arrival of any any person by water or by air at any alien, United States citizen, or national, port within the United States from any by water at any port within the United place outside the United States, it shall States on the North American Conbe the duty of the master or command- tinent from a foreign port or port of ing officer, or authorized agent, owner, Guam, Puerto Rico, Hawaii, or other or consignee of the vessel or aircraft, insular possession of the United States, having any such person on board to or at any port of the said insular posdeliver to the immigration officers at sessions from any foreign port, from a the port of arrival typewritten or print. port in the United States on the North ed lists or manifests of the persons on American Continent, or from a port of board such vessel or aircraft. Such another insular possession of the United lists or manifests shall be prepared at States, it shall be the duty of the master such time, be in such form and shall or commanding officer, owners, or concontain such information as the At- signees of the steamer, sailing, or other torney General shall prescribe by regu- vessel, having said alien, United States lation as being necessary for the identi- citizen, or national on board to deliver fication of the persons transported and to the immigration officers at the port of for the enforcement of the immigration arrival typewritten or printed lists or laws. This subsection shall not re- manifests made at the time and place quire the master or commanding officer, of embarkation of such alien, United or authorized agent, owner, or consignee States citizen, or national on board such of a vessel or aircraft to furnish a list steamer or vessel, and such lists or or manifest relating (1) to an alien manifests shall be in such form and crewman or (2) to any other person ar- contain such information as the Comriving by air on a trip originating in missioner of Immigration and Naturalforeign contiguous territory, except ization, with the approval of the At(with respect to such arrivals by air) torney General, shall by regulation preas may be required by regulations issued scribe as necessary for the indentificapursuant to section 239.

tion of the persons transported and (b) It shall be the duty of the mas- for the enforcement of the immigration ter or commanding officer or authorized laws. That is shall further be the duty

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

agent of every vessel or aircraft tak- of the master or commanding officer of ing passengers on board at any port of every vessel taking passengers from the C'nited States, who are destined to any port of the United States on the any place outside the United States, to North American Continent to a foreign file with the immigration officers before port or a port of Guam, Puerto Rico, departure from such port a list of all Hawaii, or other insular possession of such persons taken on board. Such list the United States, or from any port of shall be in such forw, contain such infor- the said insular possession of the United mation, and be accompanied by such doc- States, or from any port of the said inuments, as the Attorney General shall sular possessions to any foreign port, to prescribe by regulation as necessary a port of the United States on the North for the identification of the persons so American Continent, or to a port of transported and for the enforcement another insular possession of the United of the immigration laws. No master or States to file with the immigration ofcommanding officer of any such vessel ficials before departure a list of all or aircraft shall be granted clearance aliens, United States citizens, or napapers for his vessel or aircraft until tionals, taken on board, said list to be he or the authorized agent has deposited in such form and to contain such insuch list or lists and accompanying formation as the Commissioner of documents with the immigration officer Immigration and Naturalization, with at such port and made oath that they the approval of the Attorney General, are full and complete as to the informa- shall by regulation prescribe as necestion required to be contained therein, sary for the identification of the perexcept that in the case of vessels or air- sons transported and for the enforcecraft which the Attorney General de- ment of the immigration laws. No mastermines are making regular trips to ter or commanding officer of any such ports of the United States, the Attorney vessel shall be granted clearance papers General may, when expedient, arrange for his vessel until he has deposited such for the delivery of lists of outgoing per- list or lists with the immigration ofsons at a later date. This subsection ficials at the port of departure and shall not require the master or com- made oath that they are full and commanding officer, or authorized agent, plete as to the information required to owner, or consignee of a vessel or air- be contained therein. Any neglect or craft to furnish a list or manifest re- omission to comply with the requirelating (1) to an alien crewman or (2) ments of this section shall be punishto any other person departing by air on able as provided in section 14 of this a trip originating in the United States Act: Provided, That in the case of veswho is destined to foreign contiguous sels making regular trips to ports of the territory, except (with respect to such United States the Commissioner of Imdepartures by air) as may be required migration and Naturalization, with the by regulations issued pursuant to sec- approval of the Attorney General, may, tion 23

when expedient, arrange for the delivery of lists of outgoing aliens, United States citizens, or nationals, at a later date : Provided further, That it shall be the duty of immigration officials to record the following information regarding every resident alien and citizen or national leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race, last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen, or national, the facts on which claim to that status is based. (Act of 1917, sec. 12.)

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