Chinese 23. The applications of Chinese for visas should be handled in accordance with the special procedure governing the granting of visas under the Chinese exclusion laws and the general procedure governing the granting of visas to all aliens. It should be borne in mind that a particular Chinese might be admissible under the immigration acts of 1917 and 1924, but he might not be admissible under the Chinese exclusion laws, or vice versa. (See Art. XXII, Consular Regulations.) Expatriates 24. Persons who can not overcome the presumption of expatriation under American law must comply with the requirements of the act when proceeding to the United States. Such persons as can not obtain foreign passports may submit instead affidavits concerning their status. The affidavits should set forth clearly the facts concerning birth, residence in the United States, naturalization, subsequent residence abroad, failure to overcome the presumption arising under section 2 of the act of March 2, 1907, and the reason for this inability to obtain a foreign passport. The wife and minor children may be included in the affidavit as in a passport. If a visa is given, the usual alien visa fee should be collected. No fee will be charged for the execution of such affidavit before an American consul as such affidavit is a part of the application for visa. (See Art. X, Consular Regulations, pars. 144B and 153.) March 23, 1929 Section III.-PASSPORT VISAS 25. Passport visas are granted only to nonimmigrants, and the term "passport visa " will be applied only to the stamp and notations placed on the passports of nonimmigrant aliens. 26. "Immigration visa " is a document issued to nonquota and quota alien immigrants, duly completed on Forms 255 and 256. These terms will be strictly followed in despatches on the subject. 27. The distinction between immigrants and nonimmigrants is set forth in section 3 of the act: SEC. 3. When used in this act the term "immigrant" means any alien departing from any place outside the United States destined for the United States, except (1) a Government official, his family, attendants, servants, and employees, (2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure, (3) an alien in continuous transit through the United States, (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory, (5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman, and (6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation. Application for Passport Visa 28. Any alien desirous of having his status as a nonimmigrant determined for the purpose of applying for a passport visa to proceed to the United States (other than those only in transit through American territory) must first file a declaration (Form 257). Persons classifiable as immigrants who make inquiry as to the requirements of the immigration laws with respect to temporary visitors and who the consul has reason to believe may March 23, 1929 endeavor to obtain passport visas elsewhere should be reported on Form 247 regardless of whether formal declarations were made on Form 257 or not. (See par. 209.) 29. Applicants for passport visas may file their declarations at any American consulate general, consulate, or vice consulate (but not at consular agencies). In the majority of cases they will file them in the consular district from which they start their journey to the United States. However, nonimmigrant applicants will be given all possible consideration. Their applications will be accepted and acted upon where filed unless the consul to whom they are made is of the opinion that the application is being filed with him rather than with the consul of the alien's home district for the purpose of evading investigation and obtaining a nonimmigrant classification to which the alien is not entitled. If he is of this opinion, the consul may, in his discretion, correspond with the consul of the alien's home district by telegraph, at the applicant's expense, or otherwise, and secure the consul's recommendation, or may decline to accept the application and refer the applicant to the appropriate consul. Procedure 30. Photographs need not be required to be affixed to executed Form 257 unless the alien has no proper passport. 31. When the document presented by an applicant is a passport issued by a government not recognized by the United States the passport visa stamp should not be placed on the travel document itself, but on a duplicate Form 257 and a photograph of the applicant signed by him should be affixed to each copy of the form. 32. In such case only would a duplicate Form 257 and photographs be required. 33. The original copies of nonimmigrant aliens' declarations should be kept in a special file, numbered consecutively in chronological order and also bearing the fee numbers which appear in the record of fees. 34. All documents and letters presented by an applicant in support of his claim to nonimmigrant status. should be carefully listed and their contents described on Form 257. After examination they should be returned to the applicant, who should be informed that they may be required for further examination by the immigration officials at the port of entry in the United States. Determination of Nonimmigrant Status 35. Consuls are responsible in the first instance for determining whether or not an applicant is entitled to enter the United States as a nonimmigrant alien under section 3 of the act. 36. The Department will be glad to assist consuls by explaining points of policy or by conducting investigations of references or business institutions at the consuls' request, but it is not intended to relieve the consuls of responsibility in the matter, since they are in a position to interrogate the applicant personally and make investigations locally designed to bring out all pertinent facts bearing on the bona fides and true status of the applicant. 37. Although section 15 of the act indicates that the Department of Labor will regulate the conditions of admission to the United States, length of stay, and maintenance of status of aliens who are not immigrants, the officers of that department will accept a consular passport visa and notation on the passport of a nonimmigrant alien applying for admission as prima facie evidence of his exempt status. In passing on an application for passport visa and the evidence of status to be required, the following points should be carefully noted: Government Officials 38. The evidence required of a government official of diplomatic or consular status traveling on official business for his government would ordinarily be his passport. His own statement as to who are the members of his entourage should be sufficient. A diplomatic courier is ordinarily provided with authenticating documents from his foreign office and should receive the courtesies accorded officials of foreign governments even if the consul has reason to believe that he intends to remain in the United States after the accomplishment of his mission. If such is the case, however, the Department should be informed in a confidential despatch. Officers in a foreign army or navy should not be required to present their commissions, but, should the consul consider it necessary, discreet inquiries may be made at headquarters as to the applicant's military status. International comity requires that the greatest courtesy and consideration be shown applicants in this class and an excellent criterion of the treatment to be accorded them may be found in the sort of treatment the consul would like to see accorded to American Government officials by foreign authorities. Doubts as to status should be resolved by discreet inquiry by the consul rather than by demands for documentary evidence. While it is a general requirement that an applicant should appear in person, that requirement may be waived in the case of foreign officials in the discretion of the principal officer. Diplomatic visas will be granted only by diplomatic missions and only to holders of passports distinctly marked to indicate that the holders have diplomatic status. An applicant who presents a diplomatic passport at a consulate general, consulate, or vice consulate, should be courteously referred to the embassy or legation. Should there be no diplomatic mission in the country, the consulate general, consulate, or vice consulate to which a diplomatic passport is presented should issue a gratis visa under section 3(1) of the Immigration Act of 1924. Persons traveling on official business for their governments bearing passports other than diplomatic passports may be granted visas under section 3 (1) of the Immigration Act of 1924. Visas for persons of this class will be granted by a consul general, consul, or vice consul. However, if at any time it should become expedient to extend a special courtesy to a foreign official bearing a nondiplo |