or broader concept of nationality, the appellant remained a British subject during his residence in Canada from 1904 to 1919.

If the appellant was not a national of Canada, then his residence in Canada after January 1946 is not residence in the foreign state of which he was formerly a national and the provisions of section 404 (b) do not apply. It is clear that the applicant's expatriation may be accomplished by residence in a foreign state for a continuous period of 5 years (following his naturalization) pursuant to the provisions of section 404 (c) of the Nationality Act of 1940. However, he has not resided in Canada for the specified 5-year period, hence, section 404 (c) (supra) is not operative.

It is observed that under date of May 16, 1949, the Department of State, Washington, D. C., approved his registration in Canada as an American citizen to be valid to January 7, 1951. Thus the Department of State has taken the same position as has been reached here; namely, that the appellant will not become expatriated by residence in Canada until he has resided in that country continuously for a period of 5 years.

Order: It is ordered that the appeal be sustained and that the appellant be admitted as a United States citizen.

IN THE MATTER OF S. S. FLYING ENTERPRISE

IN FINE Proceedings

F-0500-251

Decided by Central Office April 20, 1950

Fine-Bringing alien afflicted with tuberculosis-Section 9, Immigration Act of 1917-Nonimposition of fine though such affliction ascertainable at time of foreign embarkation, if alien admitted temporarily for medical treatment. By reason of long administrative practice, it has been held that if an alien is temporarily admitted under the 9th proviso to section 3 of the Immigration Act of 1917 (for medical treatment in this case) notwithstanding the alien's inadmissibility (as one afflicted with tuberculosis in this case), no fine under section 9 of the above act will be considered to have been incurred even though the ground of inadmissibility could have been ascertained at the time of foreign embarkation, note being taken of the proviso contained in section 9, supra.

BEFORE THE CENTRAL OFFICE

Discussion: This is a fine proceeding instituted under section 9 of the Immigration Act of 1917 against the Master of the S. S. Flying Enterprise for bringing to the United States from foreign the abovenamed alien who was found to be afflicted with tuberculosis.

The subject alien was a passenger aboard the S. S. Flying Enterprise when it arrived at Baltimore, Md., from foreign via Norfolk, Va., on February 27, 1950. He was certified by a surgeon of the United States Public Health Service as afflicted with tuberculosis, right upper lobe, and, consequently, was excluded by a Board of Special Inquiry. The subject applied for temporary admission for medical treatment. By order dated March 6, 1950, it was directed that the alien be admitted to the United States under the 9th proviso to section 3 of the Immigration Act of 1917, as a temporary visitor for 3 months for medical treatment notwithstanding that he was afflicted with tuberculosis and that his passage was paid for with the funds of another person, conditioned upon the Department of State granting a waiver of the visa requirement, and upon the posting of a treatment, public charge and departure bond in the amount of $1,000 (C. O. File A-7424817). The subject met the conditions of the order and was admitted under section 3 (2) of the Immigration

Act of 1924, for a period of 3 months on March 14, 1950. Protest has not yet been received and the time to do so will not expire until May 1, 1950. On the basis of a proviso contained in section 9 of the Immigration Act of February 5, 1917, as amended, hereinafter discussed, the Acting District Director at Baltimore, Md., recommends that fine be not imposed. Said proviso provides that nothing contained in section 9 "shall be construed to subject transportation companies to a fine for bringing to ports of the United States aliens who are by any of the provisos or exceptions to section 3 of this act exempted from the excluding provisions of said section." In the instant case, the subject was admitted to the United States under the discretionary authority granted to the Attorney General by the 9th proviso to section 3 of the Immigration Act of 1917. "By reason of long administrative practice, it has been held that where an alien is so admitted, no fine under section 9 of the 1917 Act will be considered to have been incurred even though the ground of inadmissibility could have been ascertained at the time of foreign embarkation." Matter of Plane NC-19903, 56088/246 (October 23, 1942); Matter of S. S. Copiapo, 56118/384 (May 14, 1943); Matter of Plane CF TOT, 56160/617 (January 5, 1946). Accordingly, it is concluded that no penalty should attach herein.

Recommendation: It is recommended that fine be not imposed. The amount involved is $1,000, plus $208 passage money.

So ordered.

IN THE MATTER OF S. S. NEA HELLAS

In FINE Proceedings

F-5359

Decided by Central Office April 21, 1950

Decided by Board July 14, 1950

Fine-Bringing by water an immigrant without an immigration visa-Section 16 of the Immigration Act of 1924-Alien destined to United States.

A violation of section 16 of the Immigration Act of 1924 is established in this case in that the passenger transported was an immigrant not in possession of an unexpired immigration visa or valid permit to reenter the United States which fact could have been ascertained by the exercise of reasonable diligence; the features in this case are distinguishable from one where the party was in fact destined to Canada for business prior to entering the United States, that fact was known prior to embarkation, his passage to Canada was booked accordingly, and he proposed to proceed to the United States only after completion of his business in Canada.

BEFORE THE CENTRAL OFFICE

(April 21, 1950)

Discussion: This is a fine proceeding instituted under section 16 of the Immigration Act of 1924 against I. H. Mathers and Sons, Ltd., Agents for the S. S. Nea Hellas for bringing to the United States from foreign, M C—— K——, an alien passenger who is an immigrant not in possession of an unexpired immigration visa.

The subject alien is a 37-year-old married female, a native of Cyprus and a British subject, who is a lawfully resident alien of the United States. She arrived at Halifax, Nova Scotia, as a passenger on the S. S. Nea Hellas and was excluded by a board of special inquiry on July 25, 1949, on the ground that she was an immigrant not in possession of a valid immigration visa. She was subsequently found admissible for permanent residence upon preexamination at Halifax, Nova Scotia, when she appeared there in possession of a visa issued under section 4 (b) of the Immigration Act of 1924 by the American Consulate at Halifax, Nova Scotia, on July 26, 1949.

The record reveals that the alien left the United States on May 7, 1948, for a trip to Cyprus in the company of her husband. She was issued a reentry permit on May 26, 1948, which expired on May 26,

1949. At Piraeus, Greece, on July 7, 1949, she surrendered to respondent the return portion of her round-trip ticket which had been purchased in the United States; secured transportation and embarked for the United States on July 10, 1949. The alien and her husband testified that at the time transportation for the return trip was given to them, the agent who issued the ticket did not examine the alien's reentry permit, which had then expired.

The record reveals that subsequent to embarkation, the ship's purser informed the alien that the reentry permit had expired and suggested that the alien and her husband leave the ship at Lisbon, Portugal.

The alien's husband testified they did not leave the ship at Lisbon and apply for an immigration visa because the Canadian consul who visited the ship at Lisbon informed him that as long as he and his wife were going to Canada, she could apply for a visa in Canada. The alien's husband also spoke to the American consul who visited the ship at Lisbon, but is unable to state what he was told by the American consul.

Protest filed on behalf of the respondent on the ground that at the time the alien applied for passage to the United States in June or July 1949, the Piraeus office noted that her reentry permit had expired; that thereupon, the Piraeus office instructed the alien to apply to a British or Canadian official and secure a transit visa to Canada where she could then apply for the proper documents for entrance into the United States; that upon her receipt of a transit visa she was booked for passage, not to a port of the United States, but to the port of Halifax, Nova Scotia, and that she was listed on the manifest of the vessel as destined for Halifax, not to a port of the United States. It is urged that fine may be imposed under section 16 (a) of the Immigration Act of 1924 and 8 C. F. R. 160.10 only in cases where a vessel brings aliens "to the United States by water from any place outside thereof (other than foreign contiguous territory)"; and that in the instant case the vessel brought the subject alien not "to the United States," but to the port of Halifax, Nova Scotia; and that neither the law nor regulation has application to the facts of the instant case. The protest further urges that the subject alien, as the wife of an American citizen and a person who was lawfully admitted to the United States who was returning from a temporary visit abroad, could seek entry at an American port, without the carrier being liable for the imposition of fine in view of the holdings in Johnson v. Keating, 17 F. (2d) 50 (C. C. A. 1, 1926), and Rederiaktiebolaget v. U. S., 61 F. (2d) 808 (C. C. A. 9, 1932).

The carrier is signatory to the Canadian (Overseas) Agreement (56239/193) executed under section 23 of the Immigration Act of 1917 and section 17 of the Immigration Act of 1924. Under the law