permit shall be forwarded forthwith to the Commissioner of Immigration and Naturalization, indorsed and signed as herein required, and showing the date of alien's return: Provided, That return permits surrendered at subports shall be forwarded direct to the Commissioner of Immigration and Naturalization.** (Sec. 10 (e), 43 Stat. 158; 8 U.S.C. 210 (e)) [3-G-4] 3.18 Visas and re-entry permits; surrender subsequent to entry. Where an alien has been lawfully admitted but failed to surrender his immigration visa or his re-entry permit at the time of such admission, such documents subsequently coming into the possession of immigration officers will be forwarded to the port where entry_occurred for proper disposition. (Sec. 2 (e), 43 Stat. 153; 8 U.S.C. 202 (e)) (G.Ó. 101, 3d amdt., May 4, 1934] 3.19 Permit to re-enter; notation on passport when alien admitted. When an alien admitted on a re-entry permit is in possession of a passport, the passport will be stamped and signed by the admitting officer to show the place and date of admission and the number of the re-entry permit. [G.O. 85, 1st Supp., Jan. 7, 1930] 3.20 Identification card; duty of alien and inspector at port of arrival. An immigrant identification card will be issued by consuls in the case of each immigrant, except students under section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), receiving an immigration visa. Upon the presentation of the visa and identification card, the alien will be required by the immigrant inspector and in the latter's presence to sign in the blank space provided, which signature will be then and there carefully compared with the immigrant's signature on the visa itself. The immigrant inspector will then proceed to fill out the balance of the card so far as may be appropriate with the exception of his own signature. When an immigrant arrives by other means than steamship, that designation should be stricken from the card and the appropriate designation substituted, as for example, X. Y. Z. R. R., A. B. C. Ferry, D. E. F. Foot Bridge, afoot, International Air Transport Co.* [G.O. 110, July 18, 1928] 3.21 Identification cards; duplicates; disposition. The duplicates of the cards, except as hereinafter provided, will be disposed of in the same manner as is provided for visas in § 3.15. In cases of aliens ineligible to citizenship, the duplicates will be forwarded to the Central Office except in cases of Chinese who elect to take a certificate of identity, in which event both the original and duplicate will be forwarded to the Central Office. In all cases both original and duplicate shall be signed by an immigration officer as provided in § 3.22.* [G.O. 110, July 18, 1928] 3.22 Identification cards; delivery; purpose of issuance; to whom issued; indelible pencil used. In all cases where aliens are admitted the original identification cards will be delivered to the applicants. The cards are issued for the benefit of aliens and may be used by them in making declarations of intention to become citizens, in making applications for immigration return permits, and in making applications for nonquota visas, etc. They will be issued to all admitted holders of quota and nonquota visas, except students *For statutory citation, see note to § 3.1. Page 21 under section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), without regard to their expressed change of intention upon arrival at ports of the United States. Indelible pencils will be used in filling out and signing the cards, the duplicates to be made by use of carbon paper. Care should be exercised to insure legible records. [G.O. 110, July 18, 1928] 3.23 Identification cards; disposition on admission or exclusion of alien. When an alien is admitted on primary inspection, the cards will be signed by the examining inspector; when admitted by a board of special inquiry, the cards will be signed by the chairman of the board. When an alien appeals, the original and duplicate cards will be forwarded to the Central Office with the visa and record of appeal as provided for visas in § 15.4. When a decision is reached by the Department, the cards (duplicate and original) will be returned with the visa to the port. When the decision of the Department is received at the port the cards will be signed, in case of admission, by a duly designated immigrant inspector, or appropriate record made thereon in case of exclusion. In case an alien is finally admitted upon court order, the cards will be signed by the appropriate designated immigrant inspector and disposed of as above provided. In all cases where aliens are excluded, both the original and duplicate will be attached to the visa and disposed of as provided in 8 3.16, relating to visas except that as to Chinese the original and duplicate will be forwarded to the Central Office.* [G.O. 110, July 18, 1928] 3.24 Identification cards; issuance of new cards for old ones; re-entry permit cases. If and when it is ascertained or reasonably believed that an alien has been previously issued an immigrant identification card and he again applies for admission with an immigration visa, every reasonable effort short of withholding the delivery of the new card will be made, then or thereafter, to procure the surrender of the old one. If and when such card is obtained, it will be disposed of in the same manner as was its duplicate. The fact of its surrender, of the date and place thereof, and of the name and title of the officer receiving it, will be recorded on the card before transmittal. When an alien is readmitted to the United States in possession of a re-entry permit and is also in possession of an original immigrant identification card indicating thereon an earlier entry in possession of an immigration visa, the immigrant inspector will record on such original identification card the date, port, and steamship of the alien's last entry into the United States. The purpose is to have the alien in possession of a card showing his latest record of admission.* [G.O. 110, July 18, 1928, and 4th Supp., Sept. 9, 1932] 3.25 Identification cards; to be lifted upon alien's abandonment of residence or surrender of domicile. When identification cards of the nature provided for in §§ 3.20-3.24 are found in the possession of aliens who have abandoned their residence in the United States or who are excluded from admission upon an attempted re-entry, they shall be taken up and forwarded to the Central Office with appropriate notation indicating that the alien was excluded or had abandoned resi Page 22 *For statutory citation, see note to § 3.1. dence and the port and date. Also, when it is learned that an alien to whom an immigrant identification card has been issued (other than an alien ineligible to citizenship) has relinquished his domicile in departing from the United States, although it has not been found possible to secure the identification card for proper endorsement and cancelation, a concise report stating the number of the card shall be made to the Central Office directly, in order to avoid the possibility of the entry noted on the card being made the basis of naturalization if the holder should obtain readmission to the United States. Appropriate information should also be transmitted regarding aliens admitted with immigration visas since July 1, 1924, but before immigrant identification cards were issued, who it is known have relinquished their domicile in the United States.* [G.O. 110, 1st Supp., Nov. 8, 1930 and 3d Supp., Nov. 10, 1931] 3.26 Identification card; lost or destroyed; replacement. If a card issued to an alien under § 3.20 is unavoidably lost, destroyed, or badly mutilated, application for a duplicate may be made to the Central Office through the officer in charge of the district wherein the alien resides. Affidavit in duplicate, containing a photograph of the applicant, and reciting the circumstances of the loss or destruction of the card should be submitted, and if duplicate card is sought because of mutilation of the original, the mutilated card will be forwarded with the application. If and when it is established to the satisfaction of the officer in charge of the district that a duplicate should issue, he shall so recommend to the Central Office, forwarding the original of the affidavit before referred to, with two photographs of the alien, two inches by two inches in size, taken from the same negative, not retouched or mounted, and signed by the alien across the front in such manner as not to obscure the features. Upon delivery of the new card the alien should be advised that if the card said to have been lost or destroyed should later be found, it should be delivered to an immigration officer. When so delivered, it should be forwarded to the Central Office for proper disposition.* [G.O. 110, July 18, 1928] 3.27 Definitions of "status" in relation to nonimmigrants and students. The term "status" as used in the Immigration Act of 1924 means the condition of carrying on one of the particular limited activities for which an alien may be admitted under a subdivision of section 3 of that Act (43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203) or under subdivision (e) of section 4 (43 Stat. 155; 8 U.S.C. 204 (e)). When applied to an alien, the term "official status" means that he is admissible under section 3 (1) and is a government official, or a member of the family, attendant, servant, or employee of a government official whom he accompanies or follows to join; the term "visitor's status" means that he is admissible under section 3 (2) and is an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure; and the term "trader's status" means that he is admissible under section 3 (6) and is an alien entitled to enter and to remain in the United States solely to carry on trade between the United States and the foreign state of which he is a national under and in pursuance of the provisions of a treaty of commerce and navigation, or the *For statutory citation, see note to § 3.1. Page 23 wife, or unmarried child under 21 years of age of a person so entitled whom he accompanies, or follows to join.* [3-H-1] 3.28 Officials, visitors, traders; determination of admissibility. When an alien claims to have an official status, or a visitor's status, or a trader's status, and is otherwise admissible, an examining officer may temporarily admit him if satisfied beyond a doubt that the alien has the specific status claimed. If the officer is not so satisfied, such alien shall be held for examination regarding his status by a board of special inquiry or, at ports where there are no permanent boards of special inquiry, by the officer in charge at such port. Either of these authorities may temporarily admit him if satisfied that the alien has the specific status claimed.*t (Sec. 25, 43 Stat. 166, secs. 16, 17, 39 Stat. 885, 887; 8 U.S.C. 223, 152, 153) [3-H-2] 3.29 Officials, visitors, traders; period and conditions of admission. The admission of the aliens described in § 3.28 by an examining officer, by a board of special inquiry, or by an officer in charge at a port shall be for a reasonable fixed period not exceeding one year, and on condition that the alien shall maintain during his temporary stay in the United States the specific status claimed, and shall voluntarily depart therefrom at the expiration of the time fixed or upon failure to maintain the specific status under which admitted. If the question of admission is referred to either a board of special inquiry or the officer in charge of a port, that authority may exact, as a condition of admission, a bond in the sum of $500 with appropriate provisions to insure that the alien will voluntarily depart from the United States at the expiration of the time fixed or upon his failure to maintain the specific status claimed, whichever shall happen sooner. Exceptions to this section are as follows: (a) Officials. A government official and his family shall be admitted without limitation of time and shall not be required to maintain their specific status or to give bond; (b) Traders. An alien having a trader's status shall be admitted without limitation of time; (c) Trader, minor child of. An alien who has been admitted as the unmarried minor child of a treaty trader shall be regarded as having maintained his specific status so long as his parent maintains his trader's status; (d) Visitors; readmission from contiguous territory. If an alien who claimed a visitor's status and who was admitted without exaction of a bond, subsequently departs to foreign contiguous territory for a temporary visit and returns to the United States, such departure shall not be considered as affecting the period for which he was originally admitted, and upon his return he shall be entitled to readmission, if no cause for exclusion is found.*t (Sec. 15, 43 Stat. 162, 47 Stat. 524; 8 U.S.C. 215) [3-H-3] 3.30 Visitors and traders; notation to be made on passports. Passports presented by aliens who are admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) shall be rubber-stamped with stamps furnished by the Central Office and signed by the admitting officer to indicate the particular status of the alien's Page 24 *For statutory citation, see note to § 3.1. admission and the port and date of admission and the time for which admitted. In cases coming under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203), the same procedure shall be followed except that instead of noting the specific period of time for which admission is granted, the words "duration of existing status" shall be entered. Where bond is required as a condition of admission of an alien visitor and the alien is in possession of a passport, notation that bond was exacted will be made on the passport. The entries here required shall be made by the use of indelible pencil. Where the period of temporary admission of aliens admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) is granted, no notation of the extension need be made on the passport. However, a letter should be directed to the alien informing him of the exact date to which temporary admission was extended and advising him to keep the letter with his passport and to present both to any immigration officer upon request therefor.* [G.O. 85, Apr. 13, 1927, and 3d Supp., Oct. 21, 1930] 3.31 Officials, traders, visitors; change of status, conditions. After an alien has gained admission by claiming a visitor's status, a trader's status or (except in the case of a government official or his family) an official status, or by meeting the requirements of section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), he cannot change from the specific status under which he was admitted, unless, because of the peculiar circumstances of his case, the Secretary of Labor authorizes such change. In meritorious cases where the Secretary of Labor does authorize such change, he may (except in the case of an alien becoming a government official or a member of the family of such an official) exact, as a condition of the change, a bond in such sum and with such provisions as he deems appropriate to insure that the alien shall voluntarily depart from the United States at the expiration of a time fixed by the Secretary of Labor or upon his failure to maintain the specific new status acquired, whichever shall happen sooner.*† (Sec. 3, 43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203) [3-H-4] 3.32 Japanese treaty trader; predetermination of status. A Japanese national entitled to return under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203), from a visit abroad to a section 3 (6) status in the United States, or a Japanese national entitled to have his wife or child join him in the United States with a section 3 (6) visa, or the wife or child already admitted, who is entitled to return under such a visa from a visit abroad, may make application for a predetermination of his or her section 3 (6) status. The application shall be filed in affidavit form and shall be submitted for proper investigation to the immigration and naturalization office located nearest to the applicant's place of residence. The affidavit shall include the name of the applicant, age, complexion, color of hair and eyes, height, and physical marks or peculiarities. It shall also include the name of the vessel, port of arrival, and date on which the applicant arrived in the United States. A separate application must be submitted for each applicant. An applicant shall be required *For statutory citation, see note to § 3.1. †For source citation, see note to § 3.2. Page 25 [25] |