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REGULATIONS REGARDING THE ADMISSION OF ALIENS INTO THE UNITED STATES

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The following rules and regulations relative to the admission of aliens into the United States are prescribed for consular officers in accordance with section 24 of the Immigration Act of 1924, and the following Executive orders: July 14, 1924, "Documents Required of Aliens Entering the United States on Airships ";1 May 15, 1925, "Waiver or Reduction of Application and Visa Fees for Non-Immigrants"; June 26, 1926, "relative to the amendment of Article XXIX of the Consular Regulations"; June 28, 1926, "relative to the amendment of the Consular Regulations "; May 13, 1927, "Documents Required of Bona Fide Alien Seamen Entering the United States as Passengers"; 1 July 11, 1927, "relative to Article XXII of the Consular Regulations"; February 21, 1928, “Documents Required of Aliens Entering the United States "; April 23, 1925, "Diplomatic Visas for Reentry into the United States"; and January 18, 1929, "Passports and Visas "; and the Proclamation of June 30, 1924.

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Section I.-INTRODUCTION

1. The Immigration Act of 1924 as amended will hereinafter be referred to as "the act." The words "consul" and "consulate" are used in a generic sense to embrace all consular officers, as in section 28(e) of the act, except consular agents, and all consular offices except consular agencies. Cross references to the paragraphs of this instruction are made not to sections and subdivisions of sections but to the serial numbers of paragraphs.

2. With respect to their admission into the United States, aliens may be divided into the following categories:

Aliens...

Immi-
grants

Quota

Non

quota

Other

classes

Prefer

ence

up to

50 per

cent

of

quota Re

1a. Parents, husbands by marriage after May 31, 1928, of American citizens 21 years of age or over.

Sec. 6(a)(1)(A).

16. In quotas of 300 or over, Skilled agriculturists, their wives and dependent children under 18 years of age. Sec. 6(a)(1)(B).

(2. Wives and unmarried minor children of aliens lawmain- fully admitted to the United States for permanent residence. Sec. 6(a)(2).

der

of 3. Remainder after (1) and (2) available for other quota

quota immigrants. Sec. 6(a)(3).

1. Wives, unmarried minor children, husbands by marriages
before June 1, 1928, of American citizens. Sec. 4(a).

2. Aliens returning from temporary visit abroad. Sec. 4(b).
3. Aliens born in certain countries, their wives, and unmarried
children under 18 years of age. Sec. 4(c).

4. Ministers, professors, their wives and unmarried children
under 18 years of age. Sec. 4(d).

5. Students, at least 15 years of age. Sec. 4(e).

6. American women who prior to Sept. 22, 1922, lost their citizenship by marriage to aliens and who are now unmarried Sec. 4(f).

not 1. American Indians born in Canada. Act of April 2, 1928. sub-2. Certain Spanish subjects residents of Porto Rico on April 11, ject to

1899. Act of May 26, 1926.

quota 3. Aliens born in Philippine Islands, Virgin Islands, or Porto Rico.

re

stric

tions

1. Government officials. Sec. 3(1).

2. Temporary visitors. Sec. 3(2).

Non-3. Aliens in transit. Sec. 3(3).

immi-4. Aliens entering from transit across foreign contiguous territory. Sec.

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March 23, 1929

3. The act provides that an immigrant, even though provided with an immigration visa, may not enter the United States if upon arrival he is found to be inadmissible under the immigration laws. This places upon consuls in exercising the power provided in section 2(f) of the act the duty of careful study and strict compliance with the laws, regulations, and instructions on the subject in order that the minimum number of immigrants shall be excluded after arrival at American ports.

Consular Officers to Confer with Immigration Officials in the United States

3a. Principal consular officers and those directly connected with visa work at their posts should, if possible, call at the immigration station at the port at which they arrive in the United States, and spend not to exceed two days in studying the methods used in the examination of aliens for admission to the United States.

Necessary hotel and subsistence expenses of such officers for not to exceed two days will be allowed to officers on travel status, subject to the limitations of the Travel Regulations of the Department. No expenses in connection with the time spent at immigration stations by officers on leave can be paid by the Department owing to fiscal limitation. The Department will greatly appreciate it when officers on leave take the time for the study outlined but does not require them to do so at their own charges.

March 23, 1929

Section II.-DOCUMENTS REQUIRED OF ALIENS ENTERING THE UNITED STATES

Immigrants

4. Every immigrant must present an immigration visa, quota or nonquota, in accordance with the requirements of the act, except

5. Children born subsequent to the issuance of the immigration visa of the accompanying parent, and children born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States. Such children are not required to present documents of any kind.

6. Aliens who have previously been legally admitted into the United States for permanent residence and who are returning from a temporary visit abroad. Of this class

(a) Those who have proceeded to Canada, Newfoundland, St. Pierre, Miquelon, Bermuda, Mexico, and islands. included in the Bahama and Greater Antilles groups, and who have returned within six months, are not required to present passports or visas.

(b) Those who have proceeded to countries other than those named in (a) may present, in lieu of immigration visas, permits to reenter, issued under the provision of section 10 of the act.

7. The term "United States," as defined for the purposes of the Immigration Act of 1924 in section 28(a) thereof, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Porto Rico, and the Virgin Islands. The following requirements apply to aliens entering other American possessions:

(1) Aliens entering the Philippine Islands must present passports or documents in the nature of passports, duly visaed by consuls of the United States.

(2) Aliens entering other American possessions do not require documents of any kind.

March 23, 1929

7a. Aliens born in the Philippine Islands, the Virgin Islands, and Porto Rico, are considered as not coming within any of the quota restrictions imposed by the Immigration Act of 1924. Such aliens do not, of course, include natives who are American citizens.

76. Spanish subjects who (whether adults or minors) on April 11, 1899, were bona fide residents of Porto Rico or adjacent islands which comprised the Province of Puerto Rico and who, in conformity with Article IX of the treaty of April 11, 1899, between the United States and Spain have preserved their allegiance to the Crown of Spain, may be admitted into Porto Rico without regard to the provisions of the Immigration Act of 1924, except section 23 (see par. 1296; also act of May 26, 1926, Public, No. 296, 69th Cong.).

7c. The act approved April 2, 1928, provided that the Immigration Act of 1924 shall not be construed to apply to the right of American Indians born in Canada to cross the borders of the United States, but that this right shall not extend to persons whose membership in Indian tribes or families is created by adoption.

8. Wives and children who are included in their husbands' or fathers' passports, respectively, must nevertheless secure separate immigration visas except as noted above.

9. As to the requirements for presenting passports in making application for immigration visas, see paragraph 171..

Nonimmigrants

10. With the exceptions hereinafter specified, nonimmigrants must present passports or official documents in the nature of passports issued by the governments of the countries to which they owe allegiance, duly visaed by consular officers of the United States.

Exceptions:

11. Persons in transit through the United States to a foreign destination may present transit certificates in accordance with paragraphs 78–88.

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