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*[3–A-1, Im. R. & Regs., as amended by 5th to 8th amdts. to G.O. 228, dated Mar. 5, Aug. 21, Sept. 30, and Nov. 22, 1937, 2 F.R. 512, 1440, 2077, 2536]

*88 3.1 to 3.59, 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.

3.2 Immigration stations in Canada. The following United States immigration stations are located in Canada: Halifax and Yarmouth, Nova Scotia; St. John, New Brunswick; Montreal and Quebec, Province of Quebec; Cornwall, Ontario; Winnipeg, Manitoba; Victoria, Vancouver; and Sydney, British Columbia.*† [3-A-2]

†The source of §§ 3.2 to 3.59, inclusive, (except for amendments and supple mental documents noted in the text,) is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

*For statutory citation, see note to § 3.1.

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3.3 Designated ports of entry by aircraft. The following have been designated as ports of entry for aliens arriving by aircraft:

(a) Permanent ports of entry: Ajo, Ariz., Ajo Municipal Air Field. Albany, N. Y., Albany Municipal Airport.

Brownsville, Tex., Municipal Airport. Buffalo, N. Y., Buffalo Municipal Airport.

Caribou, Me., Caribou Municipal Air-
port.

Cleveland, Ohio, Cleveland Municipal
Airport.

Detroit, Mich., Wayne County Airport.
Duluth, Minn., Duluth Boat Club Sea-
plane Base.

Duluth, Minn., Duluth Municipal Airport.

El Paso, Tex., El Paso Municipal Airport.

(b) Temporary ports of entry: Bangor, Me., Bangor Municipal Airport. Bellingham, Wash., Graham Airport. Buffalo, N. Y., Buffalo Marine Airport. Burlington, Vt., Burlington Municipal Airport.

Calexico, Calif., Calexico Municipal Airport.

Cape Vincent, N. Y., Cape Vincent Harbor.

Crosby, N. Dak., Crosby Municipal Airport.

Detroit, Mich., Detroit Municipal Air-
port.

Detroit, Mich., Ford Airport.
Douglas, Ariz., Douglas Airport.
Eagle Pass, Tex., Eagle Pass.
Fairbanks, Alaska, Weeks Municipal
Airfield.

Great Falls, Mont., Great Falls Airport.
Havre, Mont., Havre Municipal Airport.
Juneau, Alaska, Juneau Airport.
Ketchikan, Alaska, Ketchikan Airport.
Laredo, Tex., Laredo Airdrome.
Malone, N. Y., Malone Airport.

Key West, Fla., Meacham Field.
Lake Union, Washington.
Miami, Fla., Pan American Airfield.
Nogales, Ariz., Nogales Municipal Air-
port.

Ogdensburg, N. Y., Ogdensburg Harbor.
Pembina, N. Dak., Fort Pembina Air-
port.

Put-in-Bay, Ohio, Put-in-Bay Airport.
Rouses Point, N. Y., Rouses Point Sea-
plane Base.

San Diego, Calif., San Diego Municipal
Airport (Lindbergh Field).
Seattle, Wash., Boeing Municipal Field.
Swanton, Vt., Missiquoi Airport.
West Palm Beach, Fla., Roosevelt Fly-
ing Service Base.

Plattsburg, N. Y., Plattsburg Municipal
Airport.

Port Angeles, Wash., Port Angeles Air-
port.

Port Townsend, Wash., Port Townsend
Airport.

Portal, N. Dak., Portal Airport.
Rochester, N. Y., Rochester Municipal
Airport.

Sandusky, Ohio, Sandusky Municipal
Airport.

San Juan, P. R., Isla Grande Airport.
Sault Ste. Marie, Mich., Sault Ste. Marie
Airport.

Scobey, Mont., Scobey Airport.
Skagway, Alaska, Skagway Municipal
Airport.

Spokane, Wash., Felts Field (Spokane
Municipal Airport).

Tampa, Fla., International Airport.
Warroad, Minn.,

Base.

Warroad Seaplane

Watertown, N. Y., Watertown Municipal
Airport.

Miami, Fla., Chalk's Flying Service Air- Wrangell, Alaska, Wrangell Seaplane port.

Miami, Fla., Dinner Key.

Base.

*(Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [3-A-3, Im. R. & Regs, as amended by 8th to 14th amdts. to G.O. 229, dated Jan. 28, Mar. 5, Mar. 12, June 4, July 15, Aug. 27, and Sept. 14, 1937, 2 F.R. 217, 512, 532, 980, 1246, 1781, 1867]

3.4 Admissibility, prompt determination. The appropriate officer shall determine as promptly as circumstances permit the right to admission of each alien applying for entry into the United States.** [3-B-1]

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*For statutory citation, see note to § 3.1.

3.5 Admissibility of steerage passengers, determination. A steerage passenger who is in possession of an unexpired permit to reenter the United States issued pursuant to section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210), or who is in possession of a laborer's return certificate issued pursuant to section 7 of the Act of September 13, 1888 (25 Stat. 477; 8 U.S.C. 277), relating to Chinese laborers, shall be inspected and examined when practicable at the same time and place as first and second cabin passengers, and if found to be admissible to the United States shall be permitted to enter in the same manner.** [3-B-2]

3.6 Aliens coming for employment while residing in contiguous territory; classification. Aliens entering the United States to engage in existing employment or to seek employment in this country and who desire to continue to reside in foreign contiguous territory will be considered as aliens of the immigrant class.*t (Sec. 3, 43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203) [3-C-1]

3.7 Inspection postponed; disability of alien. When an alien upon arrival or pending the determination of his right to land is found to be suffering from a disability which in the opinion of the immigraton officials renders it impracticable to proceed with the examination under the immigration law, such alien may be placed in a hospital designated by the proper immigration official, and inspection shall be postponed during such disability.*† (Sec. 16, 39 Stat. 885; 8 U.S.C. 152) [3-D-1]

3.8 Inspection postponed; members of family. If in the opinion of the appropriate immigration officers the cases of members of a family are interdependent, and a member is detained in hospital from a disability of the character described in § 3.7, the determination of such cases may be postponed until the member detained in hospital has been discharged therefrom.*+ (Sec. 16, 39 Stat. 885; 8 U.S.C. 152) [3-D-2]

3.9 Inspection, postponed; accompanying alien. Where it appears that a rejected alien is likely to be certified by the examining medical officer as helpless under the last proviso of section 18 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154), any alien accompanying such alien and whose protection or guardianship will be required, shall be detained and determination of his case postponed pending decision of the case of the alien likely to be rejected.*+ (Sec. 16, 39 Stat. 885; 8 U.S.C. 152) [3-D-3]

3.10 Inspection not postponed. In cases arising under § 3.8, when the member in hospital is in no manner necessary to the support of the remaining members of the family and presumably is eligible to land provided he recover, such remaining members may be forthwith inspected and, if found eligible, landed upon the deposit, (a) of a sum of money (or ticket covering transportation and money) sufficient to defray the expenses of conveying the detained member to final destination, and (b) if for infancy or any other cause he may require an attendant when traveling to his destination or in the process of deportation, unless satisfactory assurances are given

*For statutory citation, see note to § 3.1.

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that a proper attendant will be furnished without charge to the Government, of a further sum sufficient to cover the cost of the services and transportation to and fro of such an attendant.*† (Sec. 16, 39 Stat. 885; 8 U.S.C. 152) [3-E-1]

3.11 Necessity for immigration and passport visas; inadmissibility in absence thereof; exceptions. No immigrant, whether a quota immigrant or a nonquota immigrant, of any nationality shall be admitted to the United States unless such immigrant shall present to the proper immigration official, at the port of arrival, an immigration visa duly issued and authenticated by an American consular officer, except in the following cases:

(a) Child born after issuance of visa to parent. An alien immigrant child born subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired;

(b) Child born to citizen mother visiting abroad. An alien immigrant child born prior to 12 noon, E. S. T., May 24, 1934, during the temporary visit abroad of a mother who is a citizen of the United States or of an alien mother who has previously been legally admitted into the United States for permanent residence, provided the child is accompanying a parent to the United States upon the first return of the parent to the United States and applies for admission into the United States within a period of two years after the date of birth. The case of an alien child of tender age which does not come precisely within the terms of these conditions may be referred to the Central Office for deterinination as to whether it comes within the provisions of section 13 (a) of the Immigration Act of 1924 (43 Stat. 161; 8 U.S.C. 213 (a)).

(c) Lawful resident of United States visiting nearby countries. An alien immigrant who previously has been legally admitted into the United States for permanent residence, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, the Panama Canal Zone, Bermuda, or the British, French, or Netherland possessions in the West Indies;

(d) Student visiting nearby countries. An alien who previously has been legally admitted into the United States as a nonquota immigrant student, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, the Panama Canal Zone, Bermuda, or the British, French, or Netherland possessions in the West Indies, and not having relinquished his student status;

(e) Lawful resident of United States returning from cruise. An alien immigrant who previously has been legally admitted into the United States for permanent residence and who is returning from a round-trip cruise without transshipment from the original vessel while en route;

(f) Lawful resident of United States presenting reentry permit. An alien immigrant who previously has been legally admitted

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*For statutory citation, see note to § 3.1.

into the United States for permanent residence, has departed therefrom and is returning from a temporary visit abroad, and who holds an unexpired permit to reenter issued pursuant to section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210). The alien must present the permit to the appropriate immigration officer at the port of arrival;

(g) Spanish national; entry into Puerto Rico for permanent residence; passport visa sufficient. A Spanish national who on April 11, 1899 (whether adult or minor), was a bona fide resident of Puerto Rico or adjacent islands which comprised the Province of Puerto Rico, and who, in conformity with Article IX of the Treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico for permanent residence. The Act of May 26, 1926 (44 Stat. 657; 8 U.S.C. 231), provides that such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except section 23 thereof (43 Stat. 165; 8 U.S.C. 221). Passport visas issued to such aliens will bear the following notation: "Visa issued to Spanish citizen under provisions of Act of May 26, 1926." If such aliens travel by a mainland port, the visa will bear the notation: "Via (name of port)." For statistical purposes there will be entered in the space provided in the manifest for noting the date, place, issue, and number of immigration visa a notation reading as follows: "Admitted under Act of May 26, 1926.";

(h) Philippine citizens; re-entry into Hawaii without visa or permit. Philippine citizens, upon returning from a temporary visit to any foreign country, or the Philippine Islands, may be readmitted into Hawaii without an immigration visa or reentry permit upon establishing that their residence in Hawaii began prior to May 1, 1934, that their absence from the Territory was temporary and that they are otherwise admissible under the immigration laws;

(i) Philippine citizens; re-entry into United States without visa or permit. Philippine citizens, upon returning from a temporary visit to any foreign country, or the Philippine Islands, may be readmitted into the United States (including Hawaii) without an immigration visa or a reentry permit upon establishing that their residence in the United States, except the Territory of Hawaii, began prior to May 1, 1934, that their absence from the United States was temporary, and that they are otherwise admissible under the immigration laws;

(j) Resident of Hawaii; re-entry thereto from Guam Island or Wake Island without documents. An alien who establishes that he has been previously lawfully admitted into the Territory of Hawaii for permanent residence and is returning from a temporary visit of not more than six months to Guam Island or Wake Island, not having proceeded to any place outside of those insular possessions, shall be permitted to re-enter the Territory of Hawaii without a passport, immigration visa, or permit to re-enter.* (Sec. 13, 43 Stat. 161, 44 Stat. 657, sec. 8, 48 Stat. 462; 8 U.S.C. 213, 231, 48 U.S.C. 1238; E.O. 7865,

*For statutory citation, see note to § 3.1.

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