177. If the period of validity of an immigration visa was originally fixed at less than four months by the issuing consul, an extension up to a total period of not to exceed four months from the date of issue may be granted by the same or by another consul to whom an immigrant may subsequently apply, provided the issuing consul authorizes such extension. Request may be made for such authorization by telegraph at the applicant's expense if desired.

Immigration Visa not a Guarantee of Admission

178. It will be noted in section 2(g) of the act that possession of an immigration visa does not entitle an immigrant to admission into the United States if he is found to be inadmissible under the immigration laws upon arrival at a port of entry of the United States. The immigration visa carries a statement to this effect. Consuls will see that all immigrants are fully informed in this regard and also that steamship companies and other agents of transportation understand this provision of the law. It adds another cogent reason for diligence and care and the Department consequently expects that consuls will not issue immigration visas to persons not entitled under the laws to receive them.

Fee for Application

Fees

179. The fee for the preparation and acknowledgment of an application for an immigration visa is $1.

Fee for Immigration Visa

180. The fee for an immigration visa is $9.

181. In all cases wherein applications are completed and executed the prescribed fee of $1 must be charged and the fee will be duly recorded and accounted for. No persons are excepted from the necessity of paying the fee for either immigration applications or immigration visas.

March 23, 1929

Record of Fees

182. Offices which, with the approval of the Department, have two separate record-of-fee books, one for miscellaneous services and one for visa services, will continue the use of the latter book, entering therein, in addition to other alien visa services, the record of immigration visas and immigration applications. The series of fee numbers for these services will continue separate and distinct from the series in the miscellaneous record of fees, kept for invoice, notarial, and other services.

183. Immigration applications and immigration visas must be numbered carefully in accordance with the instructions on the subject, without reference to fee numbers. Duplication of quota immigration visa numbers must be avoided, as also failure to make use of an available number.

Quarterly Returns of Fees

184. Form No. 243-Summary of business. A report will be made on Form No. 243-"Summary of business," of the number of services performed in immigration applications and visas.

185. Form No. 101-Summary of fees. A quarterly summary on Form No. 101 showing the amount of fees collected for immigration services under the act will be made, showing, respectively, fees collected for applications acknowledged, immigration visas issued, and any other services performed as prescribed by the law.

Refunds

186. Refund of immigration visa fees may be made only on specific authorization in each case from the Department. Authorization will not be given unless it is clearly shown that the fee was collected for a visa improperly issued.

Fee Stamps

187. Fee stamps in the respective amounts, in accordance with existing regulations, will be affixed to the docu

ment which is returned to the immigrant and canceled thereon. In the case of passport visas the canceled one dollar fee stamp is to be attached to the receipt form which is issued to the applicant.

Filing Immigration Visa Applications and Correspondence

187a. Immigration visa applications should be filed alphabetically in one file containing nonquota, preference quota and nonpreference quota immigration visa applications. At the end of the quota year such visa applications may be disposed of in accordance with note 10 to paragraph 606, Article XXIX, Consular Regulations.

For filing nonimmigrant visa applications, see paragraph 33; transit visa applications, paragraph 84; refused applications, paragraph 207; refusal card file, paragraphs 210, 211; approved petitions, paragraph 265; preference priority card file, paragraph 265.

Disposition of correspondence consisting of requests for appointment dates to make visa applications and the outgoing letters giving such appointment dates should be made in accordance with note 10, paragraph 606, Article XXIX, Consular Regulations. (See par. 149a.)

Refusals

188. The refusal of an application for an immigration visa is defined as the action of a consul in declining with finality to issue an immigration visa on completion of the formalities of application and the examination and investigation of an applicant.

189. To decline to accept an applicant's status classification of himself as a nonquota or preference immigrant or to defer consideration of his application on account of prior claims of others, for further investigation or for other reasons, does not constitute a refusal of an immigration visa.

190. After a consul has received notification from the quota control officer that the 50 per cent preference limitation has been reached or that a quota is complete, the act of declining to accept further applications under the preference class or to accept further applications under

a quota, as the case may be, does not constitute a refusal to issue an immigration visa and the procedure outlined in this section does not apply in such cases.

Authority to Refuse Immigration Visa

191. Each applicant must be considered on his own merits and the immigration visa may be withheld only on the grounds of inadmissibility under one or more of the exclusion provisions of the existing immigration laws of the United States. Refusals, in other words, must be based on legal grounds and can not be based on prejudice, sentiment, or personal opinion of the applicant's lack of value to American citizenry.

192. Section 2(f) of the act enumerates three grounds on which a consul must refuse to issue an immigration visa, as follows:

(a) When it appears to him from statements made

by the applicant in the application or from facts disclosed by the documents submitted therewith that the prospective immigrant is inadmissible to the United States under the immigration laws;

(b) When the applicant has failed to comply with the provisions of the Immigration Act of 1924; or

(c) When the consul knows or has reason to believe

that the prospective immigrant is not admissible to the United States under the immigration laws.

193. The term "immigration laws of the United States," used in this connection, may be taken to include the following acts, although most of the exclusion provisions will be found in section 3 of the act of February 5, 1917:

Act of February 5, 1917: Regulating the immigration of aliens to and residence of aliens in the United States;

Act of December 26, 1920 : To provide for the treatment in hospital of diseased alien seamen; Act of June 5, 1920: Relating to the exclusion of anarchistic and similar classes;

Act of May 10, 1920: To deport certain undesirable aliens;

Act of June 5, 1920: Providing for the admission of certain illiterate female aliens;

Act of May 26, 1922: To deport certain aliens convicted of crime;

Act of February 26, 1885: Contract labor;

Act of February 15, 1893: Suspension of immigration from countries in which cholera or other infectious or contagious diseases exist;

Act of April 29, 1902: Regulating the admission of Chinese and other aliens under contract if engaged in installing or conducting exhibits; Act of June 25, 1910: The white-slave traffic act; Act of May 26, 1924: Immigration Act of 1924 and acts amendatory thereof;

Act of March 4, 1929: An act making it a felony with penalty for certain aliens to enter the United States of America under certain conditions in violation of law.

194. Consuls are directed to study the analysis of the exclusion provisions of the immigration laws appearing in Appendix A. If considered necessary, consuls are authorized to have this analysis printed in poster form for ready reference by the officers and employees taking alien applications and examining applicants.

Doubtful Cases

195. With the responsibility and authority placed upon consular officers by section 2(f) of the act, there is no longer any reason to grant an immigration visa to an applicant whose admissibility is doubtful simply because he insists upon it. The intent of Congress is clear on the point of reducing to a minimum the number of aliens to be excluded after their arrival in the United States and forced to make the return journey to their homes. Therefore, if the consul has reason to believe that an applicant is not admissible to the United States under the immigration laws, he must discharge the responsibility placed upon him by Congress and refuse to issue the immigration visa.