and which is bringing alien passengers to the United States, the immigrant, inspector who boards such vessel for the purpose of inspecting the passengers or crew shall observe the conditions prevailing upon the vessel with respect to sanitation and the comfort of passengers and crew. If any such conditions are found to be unsatisfactory, the immigrant inspector shall submit a formal report in triplicate on Form I-84 to the officer in charge of the port, and that office shall forward two copies to the Central Office in order that such further action as may be deemed necessary may be taken. (39 Stat. 881; 8 U.S.C. 147) [Order, effective Jan. 4, 1945, 10 F.R. 1841 § 110.38 Lawful admission; when presumed. Citizens of Canada or Newfoundland who entered the United States across the Canadian border prior to October 1, 1906, and citizens of Mexico who entered across the Mexican border prior to July 1, 1908, shall, for reentry purposes, be presumed to have been lawfully admitted, even though no record of their original entry can be found. * [First sentence amended, approved Oct. 16, 1945, effective Oct. 17, 1945, 10 F.R. 12965] CODIFICATION: The cross reference following § 110.38 was amended to read as follows, by Order, Acting Commissioner, Dec. 22, 1944, effective Jan. 9, 1945, 10 F.R. 447: CROSS REFERENCE: For issuance of certificate of arrival based on recorded reentry of alien presumed lawfully admitted, see 8 CFR, Cum. Supp., Part 363. PART 114-INSPECTION OF CITIZENS AND ALIENS ENTERING FROM OR THROUGH CONTIGUOUS TERRITORY Sec. 114.6 Canadian-born American Indians; exemption from immigration laws. [Added] § 114.6 Canadian-born American Indians; exemption from immigration laws. Aliens who are American Indians born in Canada (exclusive of persons whose membership in Indian tribes or families is created by adoption) shall be permitted to enter the United States without inspection under any provision of the immigration laws other than section 2 of the Act of September 27, 1944 (58 Stat. 746; 8 U.S.C. 136 (d) (1)). (45 Stat. 401; 8 U.S.C. 226a) [Order, approved Dec. 27, 1945, effective Dec. 28, 1945, 11 F.R. 4] PART 115-ADMISSION OF AGRICULTURAL WORKERS UNDER SPECIAL LEGISLATION Sec. 115.3 Fingerprinting; identification card; conditions and period of admission. [Amended] 115.6 Maintenance of status and deportation. [Amended] § 115.3 Fingerprinting; identification card; conditions and period of admission. CODIFICATION: The proviso at the end of § 115.3 (c) was deleted, and the colon preceding it changed to a period, by Order, Commissioner, Mar. 23, 1945, effective Mar. 26, 1945, 10 F.R. 3279. § 115.6 Maintenance of status and deportation. (a) An alien admitted into the United States as an agricultural worker under the provisions of this part shall maintain the status of an agricultural worker during the entire time he remains in the United States pursuant to such admission and shall depart at the termination of the period for which he was admitted or of any extensions thereof. [Paragraph (a) amended Mar. 23, 1945, effective Mar. 26, 1945, 10 F.R. 3279] PART 116-CIVIL AIR NAVIGATION Sec. 116.8 Documents for entry. [Amended] § 116.8 Documents for entry. CODIFICATION: § 116.8 was amended in the following respects during the period covered by this Supplement: 1. The following sentence was inserted immediately following the first sentence of paragraph (b) (7), by Order, Attorney General, effective Oct. 19, 1945, 10 F.R. 13102: The immigration list will be acceptable also if properly executed with a notation thereon "As per attached passenger manifest of --- sheets", and such attached manifest is furnished on a form approved with respect to size, wording, arrangement, and quality and color of paper by the Commissioner of Immigration and Naturalization. 2. The note following paragraph (b) (8) was deleted, by Order, Attorney General, effective July 26, 1945, 10 F.R. 9314. PART 128-PERSONS ARRIVING BY WAY OF OR FROM HAWAII; CERTIFICATES SOURCE: §§ 128.1 and 128.6 contained in Order, Commissioner, approved Oct. 17, 1945, effective Oct. 18, 1945, 10 F.R. 13044. § 128.1 Nonimmigrant arriving at Hawaii and proceeding to mainland; examination. CODIFICATION: In the second sentence of § 128.1, the words "officer in charge at Honolulu" were substituted for the words "district director in Honolulu." § 128.6 Hawaiian certificates; applications. Applications for the certificates shall be submitted on Form 108 in duplicate to the officer in charge at Honolulu. (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) PART 130-BOARDS OF SPECIAL INQUIRY Sec. 130.1 Organization. [Revised] § 130.1 Organization. Each of the three members of a board of special inquiry prescribed by section 17 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 153) shall be a person qualified for such membership as provided by § 60.29 of this chapter. The officer in charge shall designate one of the members as chairman. One of the members may act as secretary for the purpose of keeping the complete permanent record of the proceedings before the board and of all such testimony as may be produced before it. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. 37 (a), 54 Stat. 675; 8 U.S.C. 102, 222, 458. Sec. 1, Reorg. Plan No. V; 3 CFR Cum. Supp. § 90.1 of this chapter) [Order, effective Feb. 3, 1945, 10 F.R. 1471] § 136.7 Notice of decision on appeal; abandoned applications for admission. The Central Office shall notify the interested field officers of the decision made by the Board of Immigration Appeals, acting for the Attorney General, in the case of an alien whose appeal from the excluding decision of a board of special inquiry is considered and determined. The officer in charge at the port where the exclusion occurred shall notify the alien of such decision. If the decision provides for the reopening of the case or for the admission of the alien and he is in contiguous territory and does not appear for the reopened hearing or for admission to the United States within whatever period of time is specified in the decision or, where no such period is specified, within 60 days after the date of the notice addressed to him at his last known address, he shall be regarded as having abandoned his application for admission to the United States and the proceedings in his case shall be closed without prejudice to any future application. Any subsequent application for admission shall be considered as a new application. (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [Order, effective Apr. 28, 1945, 10 F.R. 4696] PART 142-PREEXAMINATION OF ALIENS WITHIN THE UNITED STATES Sec. 142.3 Preexamination; application; where deportation proceedings have not been instituted. [Amended] 142.5 Preexamination; authorization. [Revised] § 142.3 Preexamination; application; where deportation proceedings have not been instituted. Application for preexamination shall be made in triplicate on Forms I-255 and I-55 and submitted to the immigration and naturalization office prescribed in § 60.30 (a) of this chapter. [First sentence amended, Dec. 22, 1945, effective Jan. 1, 1946, 10 F.R. 15368] § 142.5 Preexamination; authorization. The Commissioner or a designated official in the Central Office shall have authority to authorize the preexamination of any alien eligible under the provisions of § 142.2. (39 Stat. 875, 885, 887, 889, 891, 892, 41 Stat. 981, 45 Stat. 1551, 50 Stat. 164, 53 Stat. 1425, 54 Stat. 671, 673-676, 1233, 1238, 56 Stat. 1044; 8 U.S.C. and Sup., 102, 136, 152, 153, 155 (c), (d), 158, 451-460) [Order, effective Aug. 1, 1945, 10 F.R. 8096] PART 150-ARREST AND DEPORTATION Sec. 150.7 Proposed findings, conclusions, and order. [Amended] § 150.7 Proposed findings, conclusions, and order. CODIFICATION: The last sentence of § 150.7 (e) was deleted, by Order, Commissioner, effective Aug. 1, 1945, 10 F.R. 8096. PART 157-REMOVAL OF DISTRESSED ALIENS FROM THE UNITED STATES [ADDED] Sec. 157.1 Removal of distressed aliens; who may apply. 157.2 Application for removal; how made; necessary data. 157.3 Application for removal; examination and investigation. 157.4 157.5 157.6 Record; recommendation; review. Application for readmission; form 157.7 Application for readmission; delivery; validity of approved application for subsequent entries. AUTHORITY:§§ 157.1 to 157.7, inclusive, issued under sec. 23, 39 Stat. 892; sec. 24, 43 Stat. 166; sec. 37 (a), 54 Stat. 675; 8 U.S.C. 102, 222, 458; sec. 1, Reorg. Plan No. V; 3 CFR Cum. Supp.; § 90.1 of this chapter; applies sec. 23, 39 Stat. 892, 50 Stat. 164; 8 U.S.C. 102. SOURCE: § 157.1 to 157.7, inclusive, with exception noted in text, contained in Order, Commissioner, Mar. 20, 1945, effective Apr. 12, 1945, 10 F.R. 4011. § 157.1 Removal of distressed aliens; who may apply. Any alien who, at any time after entry, falls into distress or is in need of public aid from causes arising subsequent to his entry may apply for removal to his native country, or the country from which he came, or to the country of which he is a citizen or subject. § 157.2 Application for removal; how made; necessary data. Application for removal shall be made in duplicate on Form I-243 (Application for Removal) and submitted to the immigration and naturalization office prescribed in § 60.30 (a) of this chapter. A separate Form I-243 shall be filed by each alien, except that the application of a child under 14 years of age may be included in the application of a parent. The ap plication shall be signed by the applicant, or in the case of a child under the age of 18 years by his parent or guardian, when submitted, but shall not be subscribed and sworn to or affirmed until the applicant appears before an officer of the Immigration and Naturalization Service for examination upon the merits of his application. In the application the alien shall state his name; the date and place of his birth; the country to which removal is desired; the place, date, and manner of his arrival in the United States; and the name, age, and address of his dependents, if any. If the applicant has received assistance from a public or charitable institution or association, the application shall show the name and address of such institution or association and shall be accompanied by a certificate of the accredited representative thereof indicating the nature and extent of the aid furnished to the alien. If the alien has not received public aid, the application shall show the financial conditions which cause him to need public aid. Any other information called for by the application form shall be furnished. The applicant shall be notified when and where to appear for examination upon the merits of his application. [Order, Mar. 20, 1945, effective Apr. 12, 1945, 10 F.R. 4011, as amended Dec. 22, 1945, effective Jan. 1, 1946, 10 F.R. 15368] CODIFICATION: In § 157.2, the first sentence was amended as set forth above, by Order, Commissioner, Dec. 22, 1945, effective Jan. 1, 1946, 10 F.R. 15368. Prior to its amendment, the sentence read as follows: Application for removal shall be made in duplicate on Form I-243 (Application for Removal) and shall be submitted either in person or by mail to the Immigration and Naturalization Office located nearest the applicant's place of residence. § 157.3 Application for removal; examination and investigation. The examining officer shall orally review the application with the applicant, or in the case of a child under the age of 18 years with the parent or guardian, before administering the oath. Any necessary changes in the application shall be consecutively numbered and acknowledged in writing by the applicant or the parent or guardian. The applicant or the parent or guardian shall then be questioned under oath by the examining officer for the purpose of identification and of determining whether the applicant is eligible to be removed from the United States as provided in § 157.1. If such action is deemed necessary, additional investigation shall be made. During the examination the applicant shall be informed that if he is removed from the United States, he will forever be ineligible for readmission except upon the approval of the Secretary of State and the Attorney General. Such notification by the examining officer and the applicant's response shall be incorporated verbatim in the record. If the applicant is suffering from any mental or serious physical disability, a medical certificate shall be obtained showing (a) whether the applicant is in condition to be removed from the United States without danger to life or health and (b) whether he will require special care and attention in case of removal overseas. § 157.4 Record; recommendation; review. Upon completion of the examination and investigation, the examining officer shall prepare a report of his findings on Form I-273 (Report of Examining Officer in Removal Proceedings), together with his recommendation and any comment he may deem necessary. The record and the findings and recommendation of the examining officer shall then be forwarded to the district director. The district director or an officer designated by him shall review the record and shall add his recommendation on the Form I-273. If such review leads to a different recommendation from that of the examining officer, the reasons shall be stated in writing. The entire record shall then be submitted to the Central Office. § 157.5 Final disposition. If the Commissioner or officer designated by him is satisfied after review of the record that the applicant is eligible to be removed from the United States as provided in § 157.1, an order for removal will be entered. Authorization for the applicant's removal shall be issued by the Commissioner or a designated officer in the Central Office on Form I-202 (Authorization for Removal). Upon the issuance of the authorization for removal or as soon thereafter as practicable, the applicant may be removed from the United States at Government expense. § 157.6 Application for readmission; form and contents. An alien removed from the United States after May 13, 1937, is ineligible for readmission except upon the approval of the Secretary of 678214-46-SUPP. VIII-BK. 1 -52 State and the Attorney General. Application for permission to apply for readmission after removal may be made at any time after the alien's departure. The application shall be made by letter addressed to the Secretary of State and the Attorney General, shall be prepared in triplicate, and shall show the name of the alien; the date and place of his birth; the date of removal from the United States; the address in the United States at the time of removal; the port through which removed; country to which removed; the purpose in applying for readmission to the United States; the alien's financial resources and proposed manner of support in the United States; and the port through which the alien proposes to reenter the United States. The application shall be accompanied by documentary evidence in substantiation of the alien's allegations as to his financial resources and proposed manner of support in the United States. § 157.7 Application for readmission; delivery; validity of approved application for subsequent entries. The application for readmission described in § 157.6 shall, wherever practicable, be delivered to the American consul to whom the alien desires to apply for a visa. If delivery cannot be made to the American consul or no visa is required, the application may be mailed direct to the Commissioner of Immigration and. Naturalization or mailed to the immigration officer in charge at the proposed port of entry for transmittal to the Commissioner. A parent or legal guardian shall make application on behalf of a child under 18 years of age. If the Secretary of State and the Attorney General approve the application, the alien's eligibility for readmission on any number of occasions thereafter will not be affected by the prior removal. PART 160-IMPOSITION AND COLLECTION OF FINES Sec. 160.19 Notice of decisions; appeal. [Revised] § 160.19 Notice of decisions; appeal. The Central Office shall furnish notice of the decision in all cases to the field office. The port will then inform the steamship company, carrier, or person against whom the proceedings were instituted and, where a fine has been imposed by the Commissioner, shall at the same time notify such company, carrier, or person Page 799 that 30 days will be allowed from the date of the notice within which to enter an appeal to the Board of Immigration Appeals. Any notice of appeal shall be filed in writing at the port and state whether oral argument is desired before the Board. The port shall also inform the Collector of Customs promptly in the event no penalty is imposed, and in all other cases upon the disposition of any appeal, or at the expiration of the time in which an appeal may be entered. The Collector of Customs shall take such action as may be appropriate in carrying out the provisions of the decision. (39 Stat. 879, 43 Stat. 163, 164, 166, 45 Stat. 1551; 8 U.S.C. 143, 145, 150, 151, 154, 156, 167, 169, 171, 216) [Order, effective Aug. 1, 1945, 10 F.R. 8096] PART 165-FORMAL PETITIONS AND APPLICATIONS Sec. 165.15 Formal petitions and applications; oaths; by whom administered. [Revoked] 165.20 Verification of arrival of lawfully resident alien relative of applicant for visa. [Added] SOURCE: §§ 165.15 and 165.20 contained in Order, Commissioner, approved Oct. 16, 1945, effective Oct. 17, 1945, 10 F.R. 12957. § 165.15 Formal petitions and applications; oaths; by whom administered. [Revoked] § 165.20 Verification of arrival of lawfully resident alien relative of applicant for visa. In order that American consuls may be advised whether the husband, father, or mother of an alien applying for a visa under section 6 (a) (2) of the Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 206), or any other relative of an applicant for a visa, has been lawfully admitted to the United States for permanent residence, a Form I-475 should be furnished to the husband, father, mother, or interested relative upon request therefor. The form should be filled out by such person and mailed to the immigration and naturalization officer in charge at the port of his or her last entry, if arrival was before July 1, 1924, and to the Central Office, if arrival was after that date on an immigration visa or a reentry permit, or if arrival is based on a record of registry. The certification on the reverse of Form I-475 will be executed in every case where a record is found. A statement will be made under "Remarks" to show the character of the admission and any discrepancies observed between the statements in the Form I-475 and the facts shown by the record of admission. The Form I-475 will be mailed direct by the verifying office to the "Department of State, Washington, D. C." for transmittal to the appropriate American Consul abroad. The date of verification and the consulate to which the form is to be sent should be noted on the record of admission. If no record of the alleged arrival can be found, the Form I-475 will be returned to the applicant with a statement to that effect, unless investigation is deemed necessary to determine the need for further action by the Service. In verifications made by ports of entry where the manifest record shows a permit number, a departure reference, a Central Office file number, or where the entry appears to be fraudulent, the request will be routed through the Central Office for checking and appropriate action. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. 37 (a), 54 Stat. 675; 8 U.S.C. 102, 222, 458. Sec. I, Reorg. Plan No. V; 3 CFR Cum. Supp. § 90.1 of this chapter) PART 168-FIELD SERVICE OFFICERS' POWERS AND DUTIES [REVOKED] CODIFICATION: The remaining sections in Part 168 were revoked as follows during the period covered by this Supplement: § 168.10, Jan. 9, 1945, 10 F.R. 447; § 168.11, Oct. 17. 1945, 10 F.R. 12957; § 168.12, Jan. 4, 1945, 10 F.R. 184; § 168.13, Jan. 9, 1945, 10 F.R. 446. PART 170-REGISTRATION AND FINGERPRINTING OF ALIENS IN ACCORDANCE WITH THE ALIEN REGISTRATION ACT, 1940 Sec. 170.9 Replacement of lost, mutilated, or destroyed receipt of registration. [Amended] § 170.9 Replacement of lost, mutilated, or destroyed receipt of registration. CODIFICATION: In § 170.9 (a) the second sentence was amended to read as follows, by Order, Commissioner, Dec. 22, 1945, effective Jan. 1, 1946, 10 F.R. 15368: Such application shall be made under oath or affirmation, on a form prescribed for that purpose, and shall be submitted to the immigration and naturalization office prescribed in § 60.30 (a) of this chapter. |