Immigration and Nationality Laws and Regulations, as of March 1, 1944

PART II

1. Immigrants must present unexpired passports, or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid immigration visas granted by the consular officers of the United States in accordance with the requirements of the Immigration Act of 1924 and the regulations issued thereunder, except in the following cases:

(a) An alien immigrant child born subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired.

(b) An alien immigrant child born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States for permanent residence, under such regulations as may be prescribed.

(o) An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed temporarily there from and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State.

(d) An alien immigrant who has previously been legally admitted into the United States for permanent residence, reentering from a journey beginning in an American port, without transshipment from the original vessel to another vessel.

(e) An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom and has returned from a temporary visit abroad, and who presents an unexpired permit to reenter, issued pursuant to section 10 of the Immigration Act of 1924.

2. An alien who has previously been legally admitted into the United States as a nonquota immigrant student, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State and not having relinquished his student status, may reenter without an immigration visa.

3. An immigrant Spanish national who on April 11, 1899 (whether adult or minor), was a bona fide resident of Puerto Rico or adjacent islands which comprise the Province of Puerto Rico, and who, in conformity with article IX of the treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico. Such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except section 23. (Act of May 26, 1926, ch. 400, 44 Stat. 657.)

4. In such classes of cases and under such conditions as may by regulations be prescribed, the immigration visa requirements may be waived, under section 13 (b) of the Immigration Act of 1924, and the passport requirements may also be waived, for an alien immigrant who has previously been legally admitted into the

United States for permanent residence, has departed therefrom, and is returning from a temporary visit abroad.

5. In such classes of cases and under such conditions as may by regulations be prescribed by the Secretary of State, the passport requirements may be waived for any immigrant.

PART III

The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, landing certificates, and immigration visas to aliens coming to the United States from the Canal Zone. The Governor of American Samoa is hereby authorized to issue passport visas, transit certificates, landing certificates, and immigration visas to aliens coming to the United States from American Samoa. The Governor of Guam is hereby authorized to issue passport visas, transit certificates, landing certificates, and immigration visas to aliens coming to the United States from Guam.

PART IV

The documentary requirements for aliens applying for admission into American possessions outside the United States are to be prescribed by the competent authorities in such possessions, except in the case of the Philippine Islands, which are covered by separate Executive order.

PART V

The definitions contained in section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as otherwise specified herein.

PART VI

The Secretary of State and the Attorney General are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned herein.

PART VII

This order shall take effect immediately and shall supersede the provisions of Executive Order No. 7865 of April 12, 1988, entitled, "Documents Required of Aliens Entering the United States' [p. 254], but shall not supersede Executive Order No. 4049 of July 14, 1924, entitled, "Documents Required of Aliens Entering the United States on Airships" [p. 230], or Executive Order No. 7797 of January 26, 1988, entitled, "Documents Required of Bona Fide Alien Seamen Entering the United States" [p. 258].*

Executive Order No. 8029 of December 27, 1988 (3 F. R. 8177 DI), has been superseded by Executive Order No. 8430 (5 F. R. 2146). However, Executive Order No. 8029 may have effect in deportation cases of aliens who did not have the documents required by this Executive Order at the time of their arrival. See also Executive Orders No. 8430 (June 5, 1940), p. 263, No. 8766 (June 3, 1941), p. 266, Presidential Proclamation 2528 (Nov. 14, 1941), p. 269, and Executive Order 9852 (June 15, 1943), p. 284, for documentary requirements for the periods subsequent to December 27, 1938.

DOCUMENTS REQUIRED OF BONA FIDE ALIEN SEAMEN ENTERING THE UNITED STATES

FROM JUNE 5, 1940, TO JUNE 15, 1943

[Executive Order No. 8429 of June 5, 1940]

PART I

Seamen whose occupational status as such is found to be bona fide, entering ports of the United States solely in pursuit of their calling as seamen, may be admitted temporarily in the discretion of the immigration authorities and under regulations prescribed by the department head charged with the administration of the immigration laws without passports or visas if arriving in the United States under the following circumstances:

(a) Seamen who were members of the crew of an American vessel which has been sold and delivered abroad, when the contract of employment provides for the return of the crew, or the laws of the United States provide for their return to an American port.

(b) Seamen who have been lawfully admitted into the United States for permanent residence returning to the United States in accordance with the terms of the articles of outward voyage.

(d) Seamen who are American consular passengers or are repatriated without expense to the United States Government following and in accordance with the terms of their discharge in a foreign port before an American consular officer, but who, for any reason, cannot be considered as serving as seamen on the vessel on which they arrive at an American port.

PART II

Masters of maritime vessels (except government vessels and such other vessels as the Secretary of State, in his discretion, may indicate) of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage. If there is no consular officer stationed at that port, but there is one stationed at a nearby place to whom the list may be submitted by mail for visa without delay of the vessel's departure, the list must be so submitted for visa. If there is no American consular officer stationed nearby, the list must be submitted for visa at the first port of call where an American consular officer is stationed, but if the vessel does not call at any such port then no visa of the crew list will be required. The visa of a shipping commissioner in the Canal Zone shall be equivalent to the visa of an American consular officer, but consular agents are not authorized to visa crew lists. The visaed crew list must be delivered to the immigration authorities at the vessel's first port of call in the United States.

Alien seamen whose names are not on a visaed crew list when a visaed crew list is required of the vessel on which they arrive at a port of the United States shall not be allowed to land without the permission of the Secretary of State, except that for such seamen arriving at a port in the Virgin Islands the Governor thereof is authorized to grant such permission.

An alien seaman who is not exempt from the passport and visa requirements under Part I hereof shall be required to present an identifying travel document in the nature of a passport, showing his nationality and identity and bearing his fingerprints, before he may be granted shore leave for any purpose. The travel document shall be surrendered to the immigration authorities by each seaman at the time of landing and returned to him, upon personal application, at the time of departure.

As used in this order, the term "United States" shall include the territories of Alaska and Hawaii, the District of Columbia, Puerto Rico and the Virgin Islands.

The Secretary of State and the department head charged with the administration of the immigration laws are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned therein.

This order shall take effect immediately and shall supersede and cancel Executive Order No. 7797 of January 26, 1938, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States" [p. 253]."

DOCUMENTS REQUIRED OF ALIENS ENTERING THE

UNITED STATES

FROM JUNE 5, 1940 TO JUNE 3, 1941

[Executive Order No. 8430 of June 5, 1940]

By virtue of and pursuant to the authority vested in me by the act of May 22, 1918 (40 Stat. 559), as extended by the act of March 2, 1921 (41 Stat. 1205, 1217), I hereby prescribe the following regulations pertaining to documents required of aliens entering the United States (which regulations shall be applicable to Chinese and to Philippine citizens who are not citizens of the United States except as may be otherwise provided by special laws and regulations governing the entry of such persons):

PART I

1. Nonimmigrants must present unexpired passports or official documents in the nature of passports issued by the governments of the countries to which they owe allegiance or other travel documents showing their origin and identity, as prescribed in regulations issued by the Secretary of State, and valid passport visas, except in the following cases:

(a) A nonimmigrant alien coming within a category and domiciled in a country, island, or territory of the Western Hemisphere,

Executive Order No. 8429 of June 5, 1940, has been superseded by Executive Order No. 9352. However, Executive Order No. 8429 may have effect in deportation cases of allens who did not have the documents required by this Executive Order at the time of their arrival. See also Presidential Proclamatiou 2523 of Nov. 14, 1941, p. 269, and Executive Order No. 9852 (June 15, 1948), p. 284, for documentary requirements for the periods subsequent to June 5, 1940.

specified in such regulations as may be issued by the Secretary of State, if passing in transit through the United States or entering the United States temporarily.

(b) A nonimmigrant alien lawfully admitted into the United States who later goes in transit from one part of the United States to another through foreign contiguous territory, if specified in regulations issued by the Secretary of State.

(c) A nonimmigrant alien child born subsequent to the issuance of the passport visa of an accompanying parent, the visa not having expired, if specified in regulations issued by the Secretary of State.

(d) An alien who has previously been legally admitted into the United States with a diplomatic visa or with a passport visa as a nonimmigrant as defined by section 8 (1) or section 3 (6) of the Immigration Act of 1924 (43 Stat. 153, 154), who has maintained the status in which he was admitted and who has departed temporarily from the United States and returned within six months, having proceeded only to such countries, islands and territories of the Western Hemisphere as may be specified in regulations issued by the Secretary of State.

2. A nonimmigrant alien not included in any of the foregoing exceptions who is passing in transit through the United States may present, in lieu of a passport visa, a transit certificate granted by an authorized officer of the United States.

8. A nonimmigrant alien not included in any of the exceptions specified in the preceding paragraphs who enters the United States for a period not exceeding ten days, landing temporarily while the vessel on which he is a passenger is in port or crossing the border, entering and departing via the same port of entry, may present, in lieu of a passport visa, a limited entry certificate granted by an authorized officer of the United States.

4. The Secretary of State is authorized in his discretion to waive the passport and visa requirements in cases of emergency for nonimmigrants, except that the Governor of the Virgin Islands is authorized in his discretion to waive the requirements in cases of emergency for nonimmigrant aliens applying for admission at a port of entry of the Virgin Islands.

5. No passport visa, transit certificate, or limited entry certificate shall be granted to an alien whose entry would be contrary to the public safety or to an alien who is unable to establish a legitimate purpose or reasonable need for the proposed entry.

PART II

(a) An alien immigrant child born subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired.

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