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.*t (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 there from 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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Apr. 12, 1938, 3 F.R. 753) [3-F-1; E.O. 7865, Apr. 12, 1938, 3 F.R. 753]

CROSS REFERENCES: For Philippine citizens, immigration, exclusion, and deportation, see Part 30. Nonquota status on basis of former residence or student status, see § 3.37. Lawful admission, when presumed, see § 3.38. Failure to maintain student status, see § 54.3. Entry contrary to public safety, see 22 CFR 61.4. Department of State regulations, travel documents showing origin and identity, see 22 CFR 61.5. Regulations of the Department of State, nonquota immigrant students, see 22 CFR 61.6. Regulations of the Department of State, immigrant Spanish nationals, see 22 CFR 61.7. Waiver of visa and passport requirements for immigrant Spanish nationals, see 22 CFR 61.8. Waiver of passport requirement for any immigrant, see 22 CFR 61.9. Passport visas, transit certificates, and immigration visas, to aliens coming to the United States from the Canal Zone, American Samoa and Guam, see 22 CFR 61.10. Requirements for admission of aliens to possessions outside the United States, with the exception of the Philippine Islands, see 22 CFR 61.11. Effect of E.O. 7865 concerning aliens entering the United States on airships and alien seamen, see 22 CFR 61.14. Documents required of aliens entering the United States on airships, see 22 CFR Part 63. Alien seamen, documents required for entering the United States, see 22 CFR Part 65.

3.12 Nonimmigrants; documents required; exceptions. No alien other than those classified under section 3 (4) and (5) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), as amended, shall be admitted to the United States as a nonimmigrant unless he shall present to the proper immigration official at the port of arrival a 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 an American consular officer; or a valid transit certificate,1 except in the following cases:

(a) Through passengers on vessels touching United States Ports. A nonimmigrant alien who is a through passenger on a vessel touching at a port of the United States, landing temporarily while the vessel is in port. This provision covers the cases of aliens who are on vessels destined to a foreign port beyond the United States, which vessels may touch at a United States port while en route to such foreign destination, but does not cover passengers on vessels making round-trip cruises from a foreign port to a port of the United States, as for example, a vessel sailing from Liverpool to New York and returning to Liverpool, as such a vessel would not be regarded as en route to a foreign destination upon its arrival at the port of New York. However, if a vessel leaving Liverpool and destined for Buenos Aires, for instance, should touch at New York en route to its destination, the through passengers thereon would be covered by the provision. Cases of this kind shall be handled in the manner provided by § 3.35;

(b) 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 possession in the West Indies, and With regard to documents required of aliens entering the United States on airships, see E.O. 4049, July 14, 1924. The text of this order appears in § 36.2.

1

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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; (c) 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 foreign contiguous territory;

(d) Child born after issuance of visa to parent. A nonimmigrant alien child born subsequent to the issuance of the passport visa or transit certificate of an accompanying parent, the visa or transit certificate not having expired;

(e) Foreign officials or treaty merchants. An alien who previously has 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 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 the status in which he was originally admitted;

(f) Aliens without recognized documents. Aliens of no nationality and those who, when they apply for visas, are outside of the territory of the countries to which they owe allegiance, and who 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 origin and identity, duly visaed by consular officers. (E.O. 7865, Apr. 12, 1938, 3 F.R. 753) [3-F-2 (f), Im. R. & Regs. as amended by G.O. 256, Jan. 6, 1938, 3 F.R. 224]

CROSS REFERENCES: For officials, visitors, traders, admission of, see §§ 3.28, 3.29. Lawful admission, when presumed, see § 3.38. Admissibility of transit aliens, conditions of, see § 6.2. Diplomatic visas, see 22 CFR Parts 59, 60. Travel documents showing origin and identity, see 22 CFR 61.2. Waiver of passport and visa requirements for nonimmigrants, see 22 CFR 61.3. Entry contrary to public safety, see 22 CFR 61.4. Passport visas, transit certificates, and immigration visas to aliens coming to the United States from the Canal Zone, American Samoa and Guam, see 22 CFR 61.10. Requirements for admission of aliens to possessions outside the United States, with the exception of the Philippine Islands, see 22 CFR 61.11. Effect of Executive Order 7865 concerning aliens entering the United States on airships and alien seamen, see 22 CFR 61.14. Documents required of aliens entering the United States on airships, see 22 CFR Part 63. Alien seamen, documents required for entering the United States, see 22 CFR Part 65. Documents required of aliens entering the Philippine Islands, see 22 CFR Part 67.

3.13 Immigrants having expired documents. Where an immigrant arriving in the United States by water, or arriving by water at a port designated as a United States port of entry for aliens in foreign contiguous territory, is in possession of and presents an immi

*For statutory citation, see note to § 3.1.

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gration visa or permit to reenter which has expired, such immigrant shall be excluded unless it shall satisfactorily appear that the immigrant embarked on the vessel by which he arrives prior to the expiration of the validity of such immigration visa or permit and that he has proceeded by continuous voyage to the United States.*t (Sec. 2 (c), 43 Stat. 153; 8 U.S.C. 202 (c)) [3-F-3]

3.14 Visas and permits; record of action of immigration officer at port. The action of the immigration officer, either admitting an immigrant to the United States or holding such immigrant for examination by a board of special inquiry in relation to his right to such admission, shall be recorded properly in ink or indelible pencil on the reverse side of the immigration visa or permit to reenter in the space provided for such record and signed in full by such officer; and where the immigrant has been held for examination by a board of special inquiry, the action of such board shall likewise be recorded and the record signed by the chairman of such board.*t (Sec. 2 (e), 43 Stat. 153; 8 U.S.C. 202 (e)) [3-G-1]

3.15 Visas; disposition of when holder admitted. Where an immigrant has been duly admitted to the United States for permanent residence the surrendered immigration visa, properly indorsed as provided in § 3.14, shall be forwarded, forthwith, without transmitting letter to the Central Office, Washington, D. C.: Provided, That an immigration visa surrendered at a subport shall be forwarded direct to the Central Office: And Provided further, That an immigration visa issued to and surrendered by an alien ineligible to citizenship because of race, shall be retained at the port where surrendered, unless issued under section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), in which case it will be forwarded to the Central Office at Washington.*t (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202 (e)) [3-G-2]

3.16 Visas; disposition of when holder excluded. When an immigrant has been excluded from admission to the United States the immigration visa shall be retained at the port of arrival until the deportation or return of the alien actually takes place, whereupon the visa shall be forwarded forthwith to the Central Office with an indorsement in the space designated "Record on appeal" showing that alien was rejected and returned, the date of such return, and signed by the proper immigration official.*t (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202(e)) [3-G-3]

3.17 Permits to re-enter; disposition. When an immigrant possessed of an unexpired permit to reenter the United States duly issued in accordance with the provisions of section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U.S.C. 210), is finally admitted or excluded from admission, such permit properly indorsed and signed as required in § 3.14, and showing final action of admission or exclusion, shall be transmitted forthwith to the Commissioner of Immigration and Naturalization: Provided, That where final action results in the exclusion of the alien, such permit shall be retained at the port of arrival until the deportation or return of the alien, whereupon the

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*For statutory citation, see note to § 3.1.