TITLE 8-ALIENS AND CITIZENSHIP CHAPTER I-IMMIGRATION AND NATURALIZATION § 2.2 SERVICE DEPARTMENT OF LABOR Subchapter A-Immigration Rules and Regulations PART 2-MANIFESTS Vessels touching at several ports. Alien passengers on vessels touching at several United States ports must be manifested for the United States port of destination or final United States port of call. Such manifests shall be presented at all intermediate ports in the United States. A notation shall be made in the space following the last numbered column on Forms 500 and 630 showing the abbreviated name of the port or ports at which passengers are permitted to go ashore. Passengers who are citizens of the United States shall be examined and admitted at the first port of call. The manifest relating to them should be lifted at the port of examination and a copy thereof delivered to the immigration officer in charge at the port of debarkation by the master, commanding officer, consignee, owner, agent of such vessel. Where United States citizenship is claimed but not established to the satisfaction of the primary inspector at the first port of call, further examination shall be deferred until the arrival of the vessel at the port of debarkation of the passenger. In such cases, the manifest shall be delivered at the port of debarkation. (Secs. 12, 23, 39 Stat. 882, 892; 8 U.S.C. 148, 102) [As amended by G.O. C-8, Feb. 4, 1939; 4 F.R. 522] Or [Preceding section, in small type, superseded by following section during period covered by this Supplement] PART 3-PRIMARY INSPECTION AND DETENTION §3.1 Ports of entry for aliens. DISTRICT NO. 1-ST. ALBANS, VERMONT NOTE: The name "St. Albans" was substituted for the name "Newport" as the headquarters for District No. 1, by Supp. 8, G.O. C-1, Dec. 14, 1939; 4 F.R. 4883. The name "Arnold Pond, Maine" was changed to "Coburn Gore, Maine" and the latter name was added after "Calais, Maine", by Supp. 7, G.O. C-1, Sept. 19, 1939; 4 F.R. § 3.3 Designated ports of entry by aircraft. (b) Temporary ports of entry: NOTE: The name "Clayton, N. Y., Clayton Seaplane Base" was added after "Cape Vincent, N. Y., Cape Vincent Harbor", by Supp. 4, G.O. C-2, Nov. 30, 1939; 4 F.R. 4751. § 2.2 Vessels touching at more than one port. Where vessels touch at more than one United States port, passengers will be manifested for the United States port of destination or final United States port of call, and such manifests shall be presented at all intermediate ports in the United States and a notation made in the space following the last numbered column on Forms 500 and 630, showing the port or ports at which passengers are granted shore leave. This notation will be simply an abbrevation of the §3.11 Necessity for immigration and name of the port. (Secs. 12, 23, 39 Stat. passport visas-(a) Inadmissibility in 882, 892; 8 U.S.C. 148, 102) [As amended absence thereof; exceptions. No imby G.O. C-10, May 13, 1939; 4 F.R. 2049]| migrant, whether a quota immigrant or Airport" was substituted for the name "SanThe name "Sandusky, Ohio, John G. Hinde dusky, Ohio, Sandusky Municipal Airport", by Supp. 3, G.O. C-2, June 29, 1939; 4 F.R. 2733. passport or visa when returning from a round-trip cruise and also from a journey which is not a round-trip as, for example, from a journey which begins at New York and ends at San Francisco with the vessel touching at Central or South American ports en route; a nonquota immigrant, of any nation- | allows a lawfully admitted immigrant to ality shall be admitted to the United reenter the United States without a States unless such immigrant shall present to the proper immigration official at the port of arrival an unexpired passport or official document in the nature of a passport issued by the government of the country to which he owes allegiance, or other travel document showing his origin and identity, and an immigration visa duly issued and authenticated by a consular officer, except in the following cases: (1) 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; (2) Child born to alien mother visiting abroad. An alien immigrant child born during the temporary visit abroad 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 2 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 determination 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)); (3) Lawful resident of United States visiting nearby countries. An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed temporarily therefrom, and returned within 6 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; (4) Lawful resident of United States returning from cruise. An alien immigrant who has previously been legally admitted into the United States for permanent residence, reentering from a journey beginning in an American port, without transshipment from the original vessel to another vessel. This provision (5) Lawful resident of United States presenting reentry permit. An alien immigrant who has previously been legally admitted 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 alier. must present the permit to the appropriate immigration officer at the port of arrival; (6) Philippine citizens; reentry 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; (7) Philippine citizens; reentry 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. (8) Residents of Hawaii; reentry thereto from nearby islands in the Pacific Ocean where there is no United States consular officer. An alien who establishes that he has previously been lawfully admitted into the Territory of Hawaii for permanent residence and is returning from a temporary visit of not more than 6 months not having pro ceeded to any place other than to the | can Republic, Panama, Bermuda, or any nearby islands in the Pacific Ocean at British, French, or Netherland posseswhich there is no American consular of- sion in the West Indies, domiciled thereficer, shall be permitted to reenter the in, or who is a British subject domiciled Territory of Hawaii without a passport, in Canada, Newfoundland, Bermuda, or immigration visa, or permit to reenter. any British possession in the West In(b) Student visiting nearby countries. dies, or who is a French citizen domiciled An alien who has previously been legally in St. Pierre, Miquelon, or any French possession in the West Indies, or who is a Netherland subject domiciled in any Netherland possession in the West Indies, need not be in possession of a valid admitted into the United States as a nonquota immigrant student, has departed therefrom and is returning within 6 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 may reenter without an immigration visa. A valid passport or other travel document, however, is required of such alien students. (c) 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, 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. Passport visas issued to such aliens will bear the following notation: "Visa issued to Spanish citizens 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." passport or other document issued in lieu thereof. (Secs. 13, 24, 43 Stat. 161, 166, 44 Stat. 657, sec. 8, 48 Stat. 462; 8 U.S.C. 213, 222, 231, 48 U.S.C. 1238, and E.O. 8029, Dec. 27, 1938; 3 CFR, 1938 Supp., page 149) [As amended by G.O. C-9, Mar. 21, 1939; 4 F.R. 1292] $3.12 Nonimmigrants—(a) Documents required of. No nonimmigrant alien, except an alien seaman within clause 5 of section 3 of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), as amended, shall be admitted to the United States unless he shall present to the proper immigration official at the port of arrival an unexpired passport or official document in the nature of a passport issued by the government of the country to which he owes allegiance, duly visaed by a consular officer of the United States, except in the following cases: (1) Citizens of nearby countries, entering or passing through the United States. A nonimmigrant alien passing in transit through the United States or entering the United States temporarily, who is a citizen of Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Dominican Republic, Panama, Bermuda, or of any British, French, or Netherland possessions in the West Indies, and domiciled therein, or who is a British subject domiciled in Canada, Newfoundland, Bermuda, or any British possession in the West Indies, or who is a French citizen domiciled in St. Pierre or Miquelon or any French possession in the West Indies, or who is a Netherland subject domiciled in any Netherland possession in the West Indies; (2) Transit through contiguous territory. A nonimmigrant alien lawfully admitted into the United States who later goes in transit from one part of the United States to another through for (d) Waiver of passport requirements for immigrants citizens of nearby countries. An immigrant who is a citizen of Canada, Newfoundland, St. Pierre, Miquelon, Mexico, Cuba, Haiti, the Domini-eign contiguous territory; (3) Child born after issuance of visa | transits and who are unable without to parent. A nonimmigrant alien child undue inconvenience to obtain passport born subsequent to the issuance of the or visas thereon. passport visa or transit certificate of an accompanying parent, the visa or transit certificate not having expired; (4) Foreign officials or treaty merchants. An alien who has previously been legally admitted into the United States with a diplomatic visa or with a passport visa as a nonimmigrant as defined by section 3 (1), or section 3 (6) of the Immigration Act of 1924 (43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203), and who departed temporarily therefrom and returned within 6 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 the status in which he was originally admitted; (5) Residents of the Fiji Islands and other remote Pacific islands. Residents of the Fiji Islands and remote Pacific islands who, after arrival at ports of entry in Hawaii or on the Pacific Coast, including Vancouver, are found by the immigration authorities to be classifiable as bona fide nonimmigrant temporary visitors under section 3 (2) of the Immigration Act of 1924 or as transits under section 3 (3) of the same Act (43 Stat. 154; 8 U.S.C. 203); (6) Transits from Fanning Island. Europeans who desire to pass in transit through American territory en route from Fanning Island to England; (7) Doukhobors entering for medical treatment. Members of the Christian Community of Universal Brotherhood, Ltd. (known as Doukhobors) at Brilliant, British Columbia, who are not exempt under the foregoing provisions of this section from passport and visa requirements, when entering the United States temporarily for medical treatment and when in possession of letters from the competent officials of their organization certifying to the purpose of their visit and guaranteeing their return to Canada: (8) Residents of remote sections of Canada entering Alaska. Residents in remote sections of Canada entering Alaska temporarily as visitors or as (b) Transits; documents required of. A nonimmigrant alien not included in any of the exceptions specified in paragraph (a) of this section who is passing in transit through the United States, may present in lieu of a passport visa a transit certificate issued by a consular officer of the United States. (c) Limited entry certificate. A nonimmigrant transit alien not included in any of the exceptions specified in paragraphs (a) and (b) of this section may present in lieu of a passport visa or transit certificate a limited entry certificate, affixed to the alien's passport or other travel document, issued by a consular or other authorized officer of the United States, valid for only one application for admission to the United States and only for admission (1) At a port of entry on the Canadian or Mexican border for a period not exceeding 10 days where departure from the United States is to occur through the same port; or (2) At a seaport of entry for the period the vessel on which the alien arrives is to be in a port of the United States, but not for a period in excess of 10 days. If such vessel touches at more than one United States port on the same voyage, he may be permitted to land at each port of call for a period not exceeding 10 days. He may also be permitted to land temporarily in one port, for example, the port of New York, to remain there while such vessel proceeds to another port, for example, the port of Philadelphia, and returns to the first port, Provided, Departure is effected on the same vessel through the port of entry and within a period of 10 days from date of entry. (d) Validity of passport or other travel document. A nonimmigrant alien coming within the scope and purview of section 3 (2) and (3) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), as amended, if required to present a passport or other travel document by paragraph (a) of this section, shall not be admitted to the United States unless his passport or other travel document is valid for his entry into some country other than the United States for a period of at least 60 days beyond the length | PART 31-VOLUNTARY EMIGRATION of time he desires to remain in the United OF CERTAIN FILIPINOS FROM THE States or unless he is in possession of UNITED STATES some additional official document which is so valid. Sec. 31.1 31.3 31.5 31.4 31.6 31.7 (e) Aliens without recognized documents. Aliens of no nationality and 31.2 those who when they apply for visas are outside of the territory of the countries to which they owe allegiance, and vhc for any reason are unable to obtain passports or documents in the nature of passports of such countries, and aliens bearing passports issued by governments not recognized by the United States may be admitted to the United States with documents showing their identity and nationality duly visaed by consular officers. (Sec. 24, 43 Stat. 166; 8 U.S.C. 222, and E.O. 8029, Dec. 27, 1938; 3 CFR, 1938 Supp., page 149) [As amended by G.O. C-9, Mar. 21, 1939; 4 F.R. 12931 § 3.35 Through passengers on vessels touching United States ports; when and manner of landing; liability of vessels, etc. [Revoked] Who may be returned to the Philippine Applications for return to the Philip- Photographs to accompany application. ture. Report of arrival at Manila. Certification to the Secretary of Navy and Secretary of War. § 31.1 Who may be returned to the Philippine Islands. Any person who (a) is a Filipino, (b) was born in the Philippine Islands, (c) resided in any State, Territory or the District of Columbia on July 27, 1939, (d) is not a citizen of the United States, and (e) desires to return to the Philippine Islands is entitled to be returned to Manila, Philippine Islands, to transportation and maintenance, and at the expense of the United States as may make application to the Secretary of Labor for such return. An applicant against whom an order or warrant of NOTE: This section was revoked by G.O. deportation is outstanding shall not be C-9, Mar. 21, 1939; 4 F.R. 1294. PART 26-REGISTRY OF ALIENS SUB- § 26.2 Examination; what to be determined. entitled to exercise this privilege unless the Secretary of Labor cancels such order and/or warrant and permits the applicant to depart from the United States voluntarily.*† (Secs. 1, 3, 53 Stat. 1133; 48 U.S.C., Sup., 1251, 1253) §§ 31.1 to 31.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Stat NOTE: This section was amended by sub-utes interpreted or applied and statutes giving stituting "July 1, 1924" for "June 3, 1921", by G.O. C-14, Aug. 28, 1939; 4 F.R. 3769. special authority are listed in parentheses at the end of specific sections. § 26.4 Evidence; manner of presenta- | G.O. C-13, Secretary of Labor, Aug. 28, 1939; The source of §§ 31.1 to 31.7, inclusive, is tion. NOTE: This section was amended by substituting "July 1, 1924" for "June 3, 1921" wherever the latter date appears, by G. O. C-14, Aug. 28, 1939; 4 F.R. 3769. 4 F.R. 3768. § 31.2 Applications for return to the Philippine Islands. Applications must be prepared in duplicate on Form 695, and received in the office of the Immi § 26.10 Preparation of record; pro-gration and Naturalization Service nearcedure where entry occurred after June 30, 1924. NOTE: This section was amended, by substituting "June 30, 1924" for "June 2, 1921" in the headnote, and by substituting "July 1, 1924" for "June 3, 1921", by G.O. C-14, Aug. 28, 1939; 4 F.R. 3769. est the applicant's place of residence on or before December 1, 1940. In the case of a family, a separate application should be made by each member thereof who is entitled to and desires to secure the benefits of the statute. The application |