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immigrant who was born in the Dominion of Canada, Newfound. land, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independant country of Central or South America, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; (4) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary or university; and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; (5) an immigrant who is a bona fide student at least fifteen years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy or university, particularly designated by him and approved by the Secretary of Labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn.
Under the first caption, any citizen of the United States who desires to bring over his wife or his children under 18 years of age, must file a petition with the Commissioner General of Immigration at Washington, D. C., stating (1) the petitioner's name and address; (2) if a citizen by birth, the date and place of birth; (3) if a naturalized citizen, the date and place of his admission to citizenship an the number of his certificate, if any; (4) the name and address of his employer or the address of his place of business or occupation if he is not an employee; (5) the degree of the relationship of the immigrant for whom such petition is made, and the names of all the places where such immigrant has resided prior to and at the time when the petition is filed; (6) that the petitioner is able to and will support the immigrant if necessary to prevent such immigrant from becoming a puli charge; (7) such additional information necessary to the proper enforcement of the immigration laws and the naturalization laws as may be by regulations prescribed.
The petition shall be made under oath administered by any officer having power to administer oaths, if executed in the United States, but if executed outside the United States, administered by a United States consular officer. The petition shall be supported by the documentary evidence required by regulations prescribed under the latest Immigration Act, such as marriage license, naturalization certificate or birth certificates, etc. Application may be made in the same petition for admission of more than one individual.
The petition shall be accompanied by the statements of two or more responsible citizens of the United States, to whom the petitioner has been personally known for at least one year, that to the best of their knowledge and belief the statements made in the
petition are true and that the petitioner is a responsible individual
a able to support the immigrant or immigrants for whose admission application is made. These statements shall be attested in the same way as the petition.
If the Commissioner General finds the facts stated in the petition to be true, and that the immigrant in respect of whom the petition is made is entitled to be admitted to the United States as a non-quota immigrant under sud-division A of Section 4 of the Immigration Act of 1924, or is entitled to preference as a relative under Section 6, of the same Act, he shall, with the approval of the Secretary of Labor, inform the Secretary of State of his decision, and the Secretary of State shall then authorize the consular officer with whom the application for the immigration visa has been filed to issue the immigration visa or grant the preference.
Nothing in Section 4 of the said Immigration Act shall be construed to entitle an immigrant, in respect of whom a petition is granted, to enter the United States as a non-quota immigrant, if vpon arrival in the United States he is found not to be a nonquota immigrant.
A petition filed in behalf of adopted children, or on behalf of an adopted father, or mother, in any case, will be denied unless it affirmatively appears to the satisfaction of the Commissioner General of Immigration that the adoption was legalized according to the laws of the country where made prior to January 1, 1924.
In no case will a petition be entertained on behalf of a wife or husband by proxy or picture marriage.
Residence shall be understood to mean that place where a person has his true, fixed and permanent home and principal establishment and to which, whenever he is absent, he has the intention of returning.
No fee is required to be sent to the Commissioner General on petitions of Non-quota and Preference within Quota Immigrants.
Where petitioner has acquired citizenship through naturalization prior to September 27, 1906, naturalization certificate must accompany petition.
Where petitioner is woman who claims United States citizenship through naturalization of husband, which naturalization place prior to marriage, marriage certificate must accompany the petition. If petitioner claims citizenship through birth, an authentic birth certificate, or other conclusive documentary evidence of birth in the United States, must accompany the petition.
The wife of an American citizen, as a non-quota immigrant, is one whose husband is residing in the United States at the time of making application. If he resides abroad she will be entitled to preference within quota.
Under the second caption, an alien desiring to depart from the United States for a temporary visit, should file an application with the Commissioner General of Immigration, at Washington, D. C., for a permit to re-enter. A United States postal money order, express money order or certified check for the sum of $3.00 should be enclosed with the application, together with two unmounted individual front view photographs 21/2 x 3 signed by the alien in the presence of a notary so as not to obscure the features of the photograph. A separate application must be submitted by each alien as a permit, if issued, will cover only one person.
This form of application to re-enter can be obtained from any United States Immigration Office, and the questions therein should be answered very carefully, as a great deal depends on the issuing of a permit on your correct date of arrival in the United States and the name under which you enter. If your arrival cannot be verified by the Commissioner General of Immigration, a permit to re-enter will not be issued. A permit to re-enter cannot be obtained by any person entering this country illegally or without inspection. Many aliens are under the impression that if they secure a permit to re-enter before they depart for the temporary visit abroad, that they are assured of admission to the United States on their return. This is not a fact. On the permit is printed the following: “This permit is issued to the bearer, an alien previously lawfully admitted to the United States, to reenter the United States if otherwise admissible as a non-quota immigrant," and it further states that “this permit shall have no effect under the Immigration Laws, except to show that the said alien is returning from a temporay visit abroad, nor shall it be construed to be the exclusive means of establishing that the alien is so returning.” Many aliens are under the impression that this permit guarantees re-entry. The fact is that the returning alien must pass the same inspection at the port of entry as any other alien immigrant. The only difference is that he is not charged to the quota. A returning resident alien must pass the literary test, unless he has resided in the United States for a period of 5 years and is returning within six months from the date of departure. He must also pass a physical and mental examination, and he will not be admitted if suffering from a loathsome or dangerous disease such as tuberculosis, etc. He will also be barred if he is likely to become a public charge. For instance, if while he resides in the United States he were to become crippled in any way which would affect his earning capacity and could possibly become a public charge, he would have to submit very strong proof that he would not become a burden to the country as a result of his physical defect before he would be admitted. A permit to re-enter is not the exclusive means of establishing his right to re-enter the United States. If a resident alien departs from the United States before procuring a permit to re-enter from the Commissioner General of Immigration, he can apply to the nearest American Consul abroad for a non-quota immigration visa. Before a non-quota immigration visa is granted to him he must prove to the American Consul the following: That his original entry into the United States was legal, and for permanent residence; he must establish his legal residence in the United States conclusively; that he went abroad with the intention of returning to the United States, and that his absence abroad for more than six months was justifiable for reasons over which he had no control, for instance, such as sickness or accident. Aliens who secure such non-quota immigration visas from the Consul must pay the usual fee of $10.00.
A child born to a resident alien while on a temporary visit abroad will be admitted to the United States at any time during the period for which the permit of return is valid, according to the latest ruling of the Department of Labor.
Aliens desiring to leave the United States for a visit abroad, after procuring the permit to re-enter, should obtain a passport from the Consul of the country of which they are a citizen or subject. They must also obtain a sailing permit from the Internal Revenue Collector of the district in which they reside. A sailing permit means a certificate issued to the alien by the Internal Revenue Collector stating that there is no income tax due to the Government from said alien. The above requirements are only necessary where the alien is going to a foreign country other than territory adjacent to the United States, such as Cuba, Mexico and Canada.
A new system of issuing permits has been evolved by the bureau of immigration, having for its purpose the elimination of fraud by United States resident aliens traveling abroad in reentering the United States. The alien is required to apply in person for identification at his nearest immigration office, instead of having the permit mailed to him, as has been the practice. A general order to this effect has been issued by the Commissioner General of Immigration, and goes into practice on July 1, 1926, after which date the practice of mailing return permits direct to applicants will be discontinued, and thereafter such permits when issued will be forwarded to the immigration office designated by the applicant. Return permits issued to aliens who are to call for them in New York City and San Francisco, will be delivered at the barge office and city office, respectively. Permits will not be delivered to one member of a family for other members thereof, or to agents. All permits should be endorsed partly on the photograph and partly on the permit by the officer in charge, prior to delivery.
EXTENSIONS OF PERMIT. On good cause shown, the validity of a permit to re-enter the United States may be extended for a period or periods, not exceeding six months each. Extension will only be granted upon the written application of the person to whom the permit is issued, and the permit must accompany the application. The application must be under oath and addressed to the Commissioner General of Immigration, and shall set forth the name of the applicant and his address in the United States; when and where and by what means the applicant departed from the United States; port of landing and date of arrival abroad, and the countries in order visited by him since such landing. The application shall also state fully and in detail reasons showing the necessity for such extension; the purposes for which desired, and the alien's foreign address to which the permit is to be returned. The application must be sworn to before a consular officer of the United States, and when properly executed must be sent to the Commissioner General of Immigration, Washington, D. C.
Applications for the extension of permits should be submitted to the Commissioner General of Immigration prior to the date of expiration specified in the permit.
Permits will be returned to the foreign address given in the application in all cases whether the extension is granted or not. In the latter case, the refusal to extend will be noted on the permit.
A fee of $3.00 must accompany the application for extension. Remittances from abroad must be made by International Money Order, drawn on Washington, D. C., and payable in American dollars to the Commissioner General of Immigration, or Foreign exchange on a bank in the United States, likewise payable in American dollars to the Commissioner General of Immigration. The fee will be returned to the foreign address in the event extension is refused.
In all cases where the validity of the permit has expired the alien will be required to obtain an Immigration Visa from the proper consular officer before embarking for the return to the United States.
Under the third caption, all those in that class should obtain their passport from their local authorities, and apply to the nearest American Consul for a visa.
Under the fourth caption, a “minister” mentioned in the fourth section is construed to be any duly ordained minister, missionary, priest or rabbi who was such for a period of two years before making his application for admission. A “rabbi”, in my opinion, would also include a "shoichet” meaning one who is learned and skilled in the art of the slaughter of fowls and animals according to the Hebrew faith, and a “moihel” meaning one who is learned and skilled in the art of circumcision according to the Hebrew faith.
A "professor” mentioned in that section, is construed to be one teaching higher education in a recognized university, college, academy or seminary. This would not include teachers of elementary schools.
In order to be admitted as non-quota immigrants, the above enumerated should make an application to the nearest American Consul abroad for a visa, and to facilitate his admission to the Uuited States it is advisable that a minister, priest or rabbi desiring to come to the United States for the purpose of following his calling, obtain an affidavit, signed by the proper officials of a bona fide religious institution stating that they are ready to engage his services upon his arrival in the United States, and present the same to the nearest American Consul abroad, together with his petition for admission.
It is advisable for a professor of a university, college, academy or seminary, desiring to be admitted as a non-quota immigrant to