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application must be under oath, addressed to the Commissioner General of Immigration, and set forth the name of the applicant and his address in the United States; when and where and by what means the applicant departed from the United States; port of landing and date of arrival abroad, and the countries in order visited by him since such landing. The application shall also state fully and in detail reasons showing the necessity for such extension, the purposes for which desired, and the alien's foreign address to which the permit is to be returned. The application must be sworn to before a consular officer of the United States, and when properly executed must be sent to the Commissioner General of Immigration, Washington, D. C.
Applications for the extension of permits should be submitted to the Commissioner General of Immigration prior to the date of expiration specified in the permit.
Permits will be returned to the foreign address given in the application in all cases, whether the extension is granted or not. In the latter case, the refusal to extend will be noted on the permit.
A fee of $3 must accompany the application for extension. from abroad must be made by international money order, drawn on Washington, D. C., and payable in American dollars to the Commissioner General of Immigration, or foreign exchange on a bank in the United States, likewise payable in American dollars, to the Commissioner General of Immigration. The fee will be returned to the foreign address in the event extension is refused.
In all cases where the validity of the permit has expired, the alien will be required to obtain an immigration visa from the proper consular officer before embarking for the return to the United States.
Permits are printed on safety paper, and any alteration or erasures will invalidate the permit or any extension thereof.
8. Status of Aliens Who Have Declared Intention
Aliens who have declared their intention of becoming citizens of the United States have exactly the same status under the immigration requirements as other aliens, and are subject to the same inspection on each occasion of entry.
9. Minor Children of Citizens
The minor children of citizens of the United States are not subject to immigration laws when entering this country, unless they were born abroad before the naturalization of the parent.
10. Foreign Wife
The marriage of an alien woman to a citizen of the United States subsequent to the passage of the Cable Act of September 22, 1922,38 does not confer United States citizenship upon such woman, and, Congress having made no provision whereby she may be exempted from the operation of the immigration laws, no assurance can be given that any such alien women, if found to be inadmissible under the law, will be permitted to enter the United States.
38 42 Stat. 1021.
11. Alien Resident Re-entering
An alien resident of the United States, who departs therefrom, is subject to examination under the immigration laws on each occasion of entry, so long as he retains his alien status.
Any alien about to depart from the United States for a temporary visit abroad, desirous of having his status determined prior to departure, thereby enabling him to return as a non-quota immigrant, or of being relieved from the necessity of establishing that he is entitled, upon application for re-entry, to be regarded as occupying such exempt status, may apply to the Commissioner General of Immigration for a permit to re-enter the United States upon a form to be provided by the Commissioner General for that purpose. For the issuance of permits of this character there shall be assessed a fee of $3, which must accompany the application when executed upon the form mentioned, which fee will be returned to the applicant in cases where the application is denied. Permits, when granted, are good for the period therein specified, but may be extended within the discretion of the Commissioner General and with the approval of the Secretary of Labor upon filing with the Commissioner General an application therefor, setting forth the reasons why such extension is requested, accompanied by the permit issued to the applicant. For each such extension there shall be assessed a fee of $3, which must accompany the application, which sum will be returned to applicant if the application is denied.
The following classes of aliens are excluded from admission to the United States: Idiots; imbeciles; feeble-minded persons; epileptics; insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form, or with a loathsome or dangerous contagious disease; persons certified by the examining physician as being mentally or physically defective, such physical defect being of a nature which may affect the ability of the alien to earn a living; persons who have been convicted of, or admit having committed, a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy, or believe in or advocate the practice of polygamy; anarchists and similar classes; immoral persons and persons coming for an immoral purpose; contract laborers; persons likely to become a public charge; persons seeking admission within one year of date of previous debarment or deportation; persons whose ticket of passage is paid for with the money of another or who are assisted by others to come, unless it is affirmatively shown that such persons do not belong to one of the foregoing excluded classes; persons whose ticket of passage is paid for by any corporation, association, society, municipality, or foreign government, either directly or indirectly; stowaways; children under 16 years of age unaccompanied by one or both of their parents; persons who are natives of certain geographically defined territory; aliens over 16 years of age who are unable to read some language or dialect; certain accompanying aliens, as described in the last proviso
of section 18 of the act; persons who have arrived in Canada or Mexico by certain steamship lines; persons who have failed to meet the passport requirements; persons arriving in the United States in excess of their respective quotas.
All aliens over 16 years of age, who cannot read the English language or some other language or dialect, including Hebrew or Yiddish, are excluded, with the following exceptions:
(a) Persons who are physically incapable of reading; (b) any admissible alien or any alien heretofore or hereafter legally admitted, or any citizen of the United States may bring in or send for his father or grandfather over 55 years of age, his wife, his mother, his grandmother, or his unmarried or widowed daughter, who, if otherwise admissible, may be admitted whether such relative can read or not; (c) persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence; (d) persons previously residing in the United States who were lawfully admitted, resided continuously therein for five years, and return thereto within six months from the date of their departure therefrom; (e) persons in transit through the United States; (f) persons lawfully admitted and who later go in transit through foreign contiguous territory (the period an alien may remain in foreign contiguous territory while in transit under this exemption shall be limited to 60 days; an alien may leave and enter the United States at the same port and still be in transit within the meaning hereof); (g) exhibitors and employees of fairs and expositions authorized by Congress; (h) aliens whose ability to read can be readily determined by any ordinary method approved by the department may be excused from the actual taking of the test; (i) an illiterate alien girl coming here to marry may be admitted if her intended husband is a citizen of the United States who served in the military or naval forces of this country in the recent war with Germany, and if such marriage takes place in an immigration station.
14. Minor Physical Disability and Persons Likely to Become Public Charges The question of admitting an alien who suffers from some minor physical disability, or from a more serious physical disability, such as the loss of the sight of an eye, or a portion of a limb, or from the loss of hearing or speech, can not be determined in advance of the inspection at the port of arrival. However, it may be stated that such physical disabilities do not, of themselves, place the alien among the mandatorily excluded classes, but they would be given serious consideration in connection with the liability of such an alien to become a public charge. If found otherwise admissible, such an alien might be admitted under bond guaranteeing that he would not become a public charge. It must be borne in mind, however, that it is discretionary with the steamship companies whether such aliens are brought to the United States, as the companies might be fined for bringing them here. In determining whether or not an immigrant is likely to become a public charge the immigration authorities consider, among other things, his occupation (including his physical ability to pursue it), the number of persons either here or abroad who may be dependent upon him for
support, his chances of securing and holding employment, and the amount of money in his possession.
15. Immigration Visas
With the following exceptions, all aliens are required to obtain from an American consular officer abroad an immigration visa before they can be admitted to the United States:
(1) A Governmental 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; (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; (7) an alien, lawfully resident in the United States, who is returning from a temporary visit abroad and who is possessed of an unexpired return permit, as provided for in section 10 of the act; and (8) an alien lawfully resident in the United States, who is returning from a temporary visit to the Dominion of Canada, Newfoundland, the Republic of Mexico, or the Republic of Cuba, whether such alien is or is not possessed of the return permit referred to in the foregoing paragraph.
American citizens residing in the United States desirous of having their wives or unmarried children under 18 years of age admitted as non-quota immigrants, or that a preference in the issuance of immigration visas be granted their father, mother, husband, or unmarried child between the ages of 18 and 21 years may make application therefor to the Commissioner General of Immigration upon forms which will be provided for that purpose upon application. If the husband or father, respectively, is residing abroad, his wife and children under 21 years of age are entitled only to a preference, and not to the issuance of a nonimmigrant visa.
Applications to have relatives placed in a non-quota or preference class will not be accepted from aliens resident in the United States, even though they have declared their intention to become citizens of the United States.
16. Appeals and Reapplications
(a) The law provides that every alien who does not appear to an examining inspector to be "clearly and beyond a doubt" entitled to enter shall be detained for a hearing before a Board of Special Inquiry. This board may admit or exclude an alien so detained, but, if excluded, the alien will be advised in certain cases that he has the right to appeal to the Secretary of Labor. No appeal lies where the decision of a Board of Special Inquiry, based upon the certificate of the examining medical officer, rejects an alien because he is afflicted with tuberculosis in any form, or a loathsome or dangerous contagious
disease, or is an idiot or an imbecile or an epileptic, or is insane or feeble-minded, or is afflicted with constitutional psychopathic inferiority, or has any mental defect, or is a chronic alcoholic. If an appeal is entered and accepted, deportation will be stayed, and the complete record will be forwarded to the Secretary of Labor for review and decision. Such appeals must be filed at the port, and cannot be accepted if filed with the bureau or department. The officer in charge at the port may refuse to accept an appeal filed by the alien (or any society, attorney, relative, or friend, with his knowledge and consent) more than 48 hours after exclusion by the board, or if the alien has been removed from the immigration station for deportation.
(b) Aliens excluded or deported under the Immigration Act are prohibited from reapplying for admission within one year after debarment or deportation, unless permission to reapply has been obtained through application to the Secretary of Labor entered with the officer in charge at the port at which exclusion or deportation occurred. Persons excluded solely as accompanying aliens, or solely because of arrival in excess of the quota or under 16 unaccompanied, may reapply for admission within a year without the express permission of the Secretary, provided, as to the last-mentioned, reapplication is made when over 16 or accompanied by a parent.
(a) Annual Report of Commissioner General of Immigration. Government Printing Office. Price, 20 cents.
(b) Annual Report, Secretary of Labor. Government Printing Office. Report of 1924 contains, at pages 97-108, an account of the International Conference on Emigration and Immigration at Rome, May 15-31, 1924.
(c) Immigration Laws and Rules. Government Printing Office.
(d) “On Guard at the Davis, Secretary of Labor.
Gates," in "Humanity in Government." James J.
18. Attorneys and Other Representatives
Rule 25 of the Regulations for the Immigration Bureau contains the following provisions:
"Subdivision A.-Admission to Practice, Appearance.
"Paragraph 1.-It shall be requisite to the admission of attorneys or counselors to practice before the department or any immigration station that they shall be attorneys in good standing in the courts of the state to which they respectively belong, and any person who desires to appear in behalf of any alien shall be a person of good character and reputation.
"Par. 2.-All appearances must be entered in writing, and only one person or firm of record representing the interests of the alien will be recognized. Any attorney or person claiming to represent an alien may be required to show that he is entitled to appear for the alien.