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presumed to be inadmissible and shall be held for a hearing before a board of special inquiry where such presumption may be overcome by the presentation of competent evidence establishing his right of entry. All certificates of identity shall be surrendered to the appropriate immigration officer in charge at the port of arrival in continental United States and shall be retained and filed at such port. (Sec. 8, 48 Stat. 462; 48 U. S. C. 1238)

*

172.9 Philippine citizens; deportation; exceptions. All citizens of the Philippine Islands shall be subject to deportation, and may be deported in the same manner as aliens, with the following exceptions:

(a) A citizen of the Philippine Islands who has resided in the United States continuously since April 30, 1934, shall not be subject to deportation for any act of his that occurred, or mental or physical disease, disability, or defeat that existed prior to May 1, 1934;

(b) A citizen of the Philippine Islands permitted to enter Hawaii under § 172.5 shall not be subject to deportation so long as he continues to reside therein under such permission.* (Sec. 8, 48 Stat. 462; 48 U. S. C. 1238)

172.10 Philippine citizens; returning residents; reentry permits. (a) A citizen of the Philippine Islands lawfully admitted to the United States, including the Territory of Hawaii, for permanent residence and whose original entry occurred after April 30, 1934, may make application for a reentry permit in the same manner as any alien. Such an application may also be made by a citizen of the Philippine Islands whose residence in the United States, except the Territory of Hawaii, began prior to May 1, 1934, and who has continued to maintain his residence in the United States.

(b) A citizen of the Philippine Islands whose residence in the Territory of Hawaii began prior to May 1, 1934, who has continued to maintain that residence, and who has not subsequent to that date obtained an immigration visa and been admitted to the United States, including the Territory of Hawaii, for permanent residence in accordance with the provisions of section 8 of the Act of March 24, 1934 (48 Stat. 462; 48 U. S. C. 1238), may also make application for a reentry permit. A reentry permit issued under this subsection shall not entitle the holder to reenter any part of the United States except the Territory of Hawaii. (Sec. 8, 48 Stat. 462; 48 U. S. C. 1238)

172.11 Philippine citizens; returning residents; how admitted. (a) A citizen of the Philippine Islands lawfully admitted to the United States, including the Territory of Hawaii, for permanent residence and whose original entry occurred after April 30, 1934, upon returning from a temporary visit to the Philippine Islands or any foreign country may be readmitted under section 4 (b) of the Immigration Act of 1924 if in possession of an appropriate nonquota immigration visa or a valid reentry permit. A citizen of the Philippine Islands whose residence in the United States, except the Territory of Hawaii, began prior to

*For statutory citation, see note to § 172.1.

May 1, 1934, and who has continued to maintain his residence in the United States, may be admitted under the same conditions.

(b) A citizen of the Philippine Islands whose residence in the Territory of Hawaii began prior to May 1, 1934, and who has continued to maintain that residence, upon returning from a temporary visit to the Philippine Islands or any foreign country, may be readmitted to the Territory of Hawaii if in possession of a limited reentry permit issued under the authority of § 172.10 (b) of this Part, or an appropriate immigration visa prescribed for such use.

(c) Any applicant for readmission under subsections (a) or (b) of this section may, if otherwise admissible under the immigration laws, be admitted without an immigration visa or reentry permit if his case is defined by the Secretary of State as an emergency case in accordance with the provisions of section 30 of the Act of June 28, 1940 (54 Stat. 670). (Sec. 8, 48 Stat. 462; 48 U. S. C. 1238)

172.14 Philippine citizens; lawful residents of continental United States; readmission from Hawaii. A citizen of the Philippine Islands whose residence in continental United States began prior to May 1, 1934, or who was lawfully admitted thereto for permanent residence after April 30, 1934, upon returning from a temporary visit to Hawaii, may be readmitted to continental United States as a nonquota immigrant under § 172.6.* (Sec. 8, 48 Stat. 462; 48 U. S. C. 1238)

*For statutory citation, see note to § 172.1.

Part 175 CONTROL OF PERSONS ENTERING AND LEAVING THE UNITED STATES PURSUANT TO THE ACT OF MAY 22, 1918, AS AMENDED

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Sec.

175.46 Refusal of permission to

enter.

175.47 Classes of aliens whose entry is deemed to be prejudicial to the public interest.

175.48 Aliens leaving close relatives
in certain foreign coun-
tries.

175.49 Permission to enter the Pan-
ama Canal Zone, Guam,
American Samoa, and the
Philippine Islands.
175.50 Entry not permitted in spe-
cial cases.

175.51 Procedure for issuance of
permits to enter.

175.52 Additional requirements for officials of foreign governments.

175.53 Additional requirements for aliens in transit.

175.54 Additional requirements for alien seamen.

175.55 Exceptions from requirements of advisory opin.

ions.

175.44 Immigrants not required to obtain permits to enter.

175.56

175.57

175.45 Nonimmigrants not required

Sponsorship of applicants. Procedure in formulating advisory opinions.

to obtain permits to enter.

175.58 Effective date.

ALIENS LEAVING

§ 175.21 Definitions. For the purposes of these regulations. (a) The term "United States" includes the States, the District of Columbia, Alaska, the Panama Canal Zone, the Philippine Islands, Hawaii, Puerto Rico, the Virgin Islands, Guam, American Samoa, and all territory and waters, continental or insular, subject to the jurisdiction of the United States.

(b) The term "continental United States" includes the territory of the several States, the District of Columbia, and Alaska.

(c) The term "depart from the United States" includes any departure by land, water, or air, from any place included in the United States to any place outside of the United States, or from one port or terminus of the United States to another port or terminus of the United States, including any trip or journey on

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or over the Great Lakes or their connecting waters, any rivers or other waters coinciding with or covering the boundary of the United States, tidal waters beyond the shoreline of the United States, the said shoreline being hereby defined as the line of seacoast and the shores of all waters of the United States and its territorial possessions connected with the high seas: Provided, however, That no trip or journey upon a public ferry, passenger vessel sailing coastwise on fixed schedules, excursion vessel, or aircraft, having both termini in the continental United States or in any one of the other parts of the United States specified in paragraph (a) of this section and not touching foreign territory or waters, shall be deemed a departure from the United States. (d) The term "seamen" includes every alien signed on the ship's articles and employed in any capacity on board any vessel arriving in or departing from the United States, as well as sea-going fishermen and all owners, masters, officers, members of crews, and other alien persons employed on vessels which for purposes of business or pleasure cruise on tidal waters beyond the shoreline or on the Great Lakes.

(e) The term "airman" includes any alien pilot, navigator, aviator, or other alien person operating or employed on any aircraft. (f) The term "departure-control officer" means any employee of the Immigration and Naturalization Service assigned to supervise the departure of aliens from the United States, or any person assigned by the chief executive officers of the Panama Canal Zone, Guam, or American Samoa to such duties in those territories, or any person designated by the United States High Commissioner to the Philippine Islands after consultation with the military and naval authorities of the United States and the Government of the Commonwealth of the Philippines.

(g) The term "permit-issuing authority" means the Secretary of State, the chief executive officer of Alaska, of Hawaii, of Puerto Rico, of the Virgin Islands, of the Panama Canal Zone, of Guam, or of American Samoa, or the United States High Commissioner to the Philippine Islands acting in consultation with the military and naval authorities of the United States in the Philippine Islands and with the Government of the Commonwealth of the Philippines.

(h) The term "permit to depart" means a copy of the application for a permit to depart as described hereinafter in these regulations, duly executed by the alien, approved and appropriately endorsed by the Secretary of State.

(i) The term "port of departure" means a port in continental United States, the Virgin Islands, Puerto Rico, or Hawaii designated as a port of entry by the Attorney General or by the ComInissioner of Immigration and Naturalization, or a port in Guam, American Samoa or the Panama Canal Zone designated by the chief executive officer thereof, or any port in the Philippine Islands designated by the permit-issuing authority therein.

88 175.21 to 175.32, inclusive, issued pursuant to the authority contained in Proc. 2523, November 14, 1941, 6 F. R. 5821, under the act approved May 22, 1918, as amended by the act approved June 21, 1941 (40 Stat. 559; Public Law 114, 77th Cong., 55 Stat. 252).

175.22 Permits to depart required. No alien shall hereafter depart from the United States except at a port of departure and unless there has been issued in accordance with these regulations a valid permit to depart or he is exempted under these regulations from obtaining a permit to depart.'

175.23 Aliens exempted from obtaining permits to depart. The following classes of aliens shall not be required to obtain permits to depart:

(a) Accredited diplomatic, consular, and other officers of foreign governments recognized by the United States who have been accorded recognition as such by the Secretary of State, such recognition not having been withdrawn, and the members of the family of such officers, as well as their attendants, servants, and employees who have been notified to and recognized by the Secretary of State: Provided, That any such person shall obtain an exit visa from the Chief or Acting Chief of the Visa Division of the Department of State, or from another officer authorized by him. An exit visa shall be subject to verification in the discretion of a departurecontrol officer at the port of departure, if he has reason to question the authenticity of such exit visa;

(b) Canadian citizens or British subjects lawfully domiciled in Canada or in the United States departing across the border between the United States and Canada;

(c) Aliens in possession of border-crossing identification cards, departing across the border between the United States and Canada;

(d) Mexican citizens lawfully domiciled in Mexico or in the United States, departing across the border between the United States and Mexico;

(e) Aliens who have entered the United States with limited entry certificates and who are departing within the limits of the period for which they were admitted;

(f) Alien seamen, Provided, That, in addition to complying with other laws and regulations, they submit a passport, or document in the nature of a passport, establishing their identity and nationality (unless such document is waived by the Secretary of State), and also, where departure is from a port in continental United States, the Virgin Islands, Puerto Rico, or Hawaii, an alien registration-receipt card; Provided further, That they meet such other requirements as may be prescribed by the Commissioner of Immigration and Naturalization, or the appropriate permitissuing authorities in the Panama Canal Zone, Guam, American Samoa, or the Commonwealth of the Philippines;

(g) Aliens who have received communications from an American consular officer in foreign contiguous territory to the effect that the documents submitted by them to the consular officer are sufficiently in order to warrant the alien's personal appearance at the consular office in connection with an application for an immigration visa;

(h) Aliens who present valid reentry permits issued with the concurrence of the Secretary of the State as to destination;

*For statutory citation, see note to § 175.21.

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