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If hearing is requested, the Commissioner will specify the time and place therefor and specially designate the officer who shall preside and the officer who shall present the evidence in support of the charges. The nonreceipt of answer within three days after expiration of the period prescribed to show cause shall be held a waiver of defense to the charges. When the record is complete, the Commissioner shall forward it to the Board with his recommendation.

(b) The respondent, either with or without counsel, and the Commissioner, or any officer designated by him for the purpose, shall have the privilege of appearing before the Board for oral argument at a time specified by the Board.

(c) The Board shall consider the record as presented by the Commissioner as soon as practicable after its receipt and render its decision thereon. The order of the Board shall constitute the final disposition of the proceeding: Provided, however, That if the order would suspend or disbar the respondent, or if any one of the circumstances described in § 90.12 of this chapter be present, the Board shall refer the record to the Attorney General for review of its decision and in such case the order of the Attorney General shall be the final determination of the proceeding.

(d) In case the final order against the respondent is for suspension or disbarment, the attorney or representative shall not thereafter be permitted to practice unless and until authorized so to do by the Board; and if disbarred, he shall surrender certificate of his admission to the Board for cancellation.

§ 95.9 Effective date. The regulations in this part shall take effect from and after May 1, 1944, except that applications for admission to practice may be filed immediately in the manner prescribed in § 95.4 (a).

§ 95.10 Admission of persons other than attorneys and representatives. A person who has practiced before the Board or the Service for at least five years immediately prior to May 1, 1944, and who during such period. pursued such practice as his principal occupation, may, if he applies before May 1, 1945, and is otherwise qualified, be admitted, in the discretion of the Board, to practice un

der this part although he is not an attorney or representative. No such applicant may be admitted unless his admission is recommended by the Commissioner and by the district director and officer in charge having jurisdiction over the place where the applicant resides, and unless he satisfies the Board that he is well qualified by training and experience to represent his clients before the Board and the Service. For this latter purpose, the Board may conduct or cause to be conducted appropriate inquiry. A person admitted under this section shall be subject to the provisions of this part regulating the practice of attorneys and representatives. [Reg., June 15, 1944, 9 F.R. 6619]

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 95.10 Admission of persons other than attorneys and representatives. A person who has practiced before the Board or the Service for at least five years immediately prior to May 1, 1944, and who during such period pursued such practice as his principal occupation, may, if he applies before May 1, 1945, and is otherwise qualified, be admitted, in the discretion of the Board, to practice under this part although he is not an attorney or representative. Except as hereinafter provided, no such applicant may be admitted unless his admission is recommended by the Commissioner and by the district director and officer in charge having jurisdiction over the place where the applicant resides, and unless he satisfies the Board that he is well qualified by training and experience to represent his clients before the Board and the Service. In any case where denial of the application has been recommended by the Commissioner, the district director, or the officer in charge, the Board may admit the applicant to practice upon a finding that his application is exceptionally meritorious. An application under this section shall be treated in the manner provided by § 95.4 (c). In the case of any applicant for admission under this section, the Board may conduct or cause to be conducted appropriate inquiry. A person admitted under this section shall be subject to the provisions of this part regulating the practice of attorneys and representatives. [Reg., Dec. 8, 1944, effective Dec. 14, 1944, 9 F.R. 14637]

Sec.

Subchapter B-Immigration Regulations

PART 105-HEAD TAX

105.3 Aliens not subject to head tax. [Amended]

§ 105.3 Aliens not subject to head tax.

(0) Imported laborers. Aliens who are native-born residents of foreign countries within the Western Hemisphere being imported for temporary employment and who are admissible under §§ 115.2 and 132.5 of this chapter. [Paragraph (0) added May 16, 1944, effective May 27, 1944, 9 F.R. 5768]

CROSS REFERENCE: For status of alien airmen, see §116.53 of this chapter.

NOTE: The cross reference set forth above was inserted after § 105.3, by Regulation, Attorney General, June 23, 1944, 9 F.R. 7252.

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110.29

Officials, visitors, traders; period and conditions of admission. [Amended]

110.35 Definition of Chinese persons; entry of such persons who were born in the barred zone. [Added]

110.36 Nonquota status; by relationship to citizen or by former citizenship. [Revised]

110.37 Nonquota status on basis of former residence. [Revised]

110.39 Nonquota status; by country of birth or by relationship to certain nonquota immigrants. [Revised] 110.40 Nonquota status; ministers and professors; students. [Revised] 110.47 Exemptions from reading test. [Revised] 110.52

Aliens previously arrested and deported; exclusion; permission to reapply. [Amended]

110.54 Resident aliens' border crossing identification cards; qualifications necessary to obtain. [Revoked] 110.55 Resident aliens' border crossing identification cards; application and preparation. [Revoked] 110.56 Resident aliens' border crossing identification cards; use. [Revoked] 110.57 Resident aliens' border crossing identification cards; period of validity; issuance, revalidation, and cancellation discretionary. [Revoked]

Sec. 110.58

Resident aliens' border crossing identification cards; reentry of holders. [Revoked]

110.60 Nonresident aliens' border crossing identification cards; temporary admission of nonresident aliens who are citizens of Canada, Newfoundland, or Mexico and domiciled therein, or British subjects domiciled in Canada or Newfoundland. [Revoked]

110.61 Nonresident allens' border crossing identification cards; issuance by immigrant inspectors to nonresident aliens who are citizens of Canada, Newfoundland, or Mexico and domiciled therein, or British subjects domiciled in Canada or Newfoundland. [Revoked]

110.62 Nonresident aliens' border crossing identification cards; revalidation and replacement. [Revoked]

§ 110.3 Designated ports of entry by aircraft.

CODIFICATION: In § 110.3 "Sault Ste. Marie, Michigan, Sault Ste. Marie Airport," was stricken from the list of temporary ports of entry for aliens arriving by aircraft, by Regulation, Attorney General, Sept. 23, 1944, effective Sept. 29, 1944, 9 F.R. 11930.

§ 110.5 Admissibility of steerage passengers; determination.

CODIFICATION: In § 110.5, the clause ", or who is in possession of a laborer's return certificate issued pursuant to section 7 of the Act of September 13, 1888 (25 Stat. 477; 8 U.S.C. 277), relating to Chinese laborers," was deleted by General Order C-46, Commissioner, Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1691.

§ 110.21 Approval, cancellation, and violation of public charge bonds generally. All bonds, including agreements covering deposits of cash or postal money orders, given as a condition of the admission of an alien under section 21 of the Immigration Act of 1917 (39 Stat. 891; 8 U. S. C. 158) shall be executed on Form 554 entitled "Bond That Alien Shall Not Become a Public Charge". The officers in charge of the several ports or districts are authorized, either directly or through officers or employees designated by them, to approve bond Form 554, regardless of the section of law under which the alien is admitted; to approve any power of attorney or assignment a surety executes authorizing the delivery to some other person or concern of United States bonds or notes deposited as collateral security with such bonds

after the collateral security is released; and to approve any power of attorney or assignment a depositor executes authorizing the delivery to some other person or concern of deposits in the United States Postal Savings Bank after the deposit is released. All bond Forms 554 shall be retained at the respective ports or districts. In the event of the permanent departure from the United States, the naturalization, or the death of the alien admitted under such bond, bond Form 554 may be cancelled by any officer or employee mentioned in this section. Notice of such cancellation shall be forwarded to the Central Office in cases where the admission had been reported to the Central Office. If proofs are submitted that the alien is no longer likely to become a public charge or is no longer afflicted with a physical disability, or if the conditions of the bond are violated, such bond with its appurtenant documents shall be forwarded to the Central Office with an appropriate recommendation. (Sec. 21, 39 Stat. 891; 8 U.S.C. 158) [Reg., Apr. 29, 1944, effective May 10, 1944, 9 F.R. 4975]

110.29 Officials, visitors, traders; period and conditions of admission.

CODIFICATION: In § 110.29 (a), the words "to maintain their specific status or" were deleted by Regulation, Commissioner, May 16, 1944, effective May 27, 1944, 9 F.R. 5768.

§ 110.35 Definition of Chinese persons; entry of such persons who were born in the barred zone. The term "Chinese persons" as used in section 2 of the Act of December 17, 1943 (57 Stat. 601; 8 U.S.C. Sup., 212a) means persons who are of as much as one-half Chinese blood and are not of as much as one-half blood of a race or races ineligible to citizenship. The rights of such Chinese persons under the provisions of that act shall not be regarded as impaired by those provisions of section 3 of the Immigration Act of February 5, 1917, as amended (39 Stat. 875; 8 U.S.C. 136 (n)), relating to the exclusion of natives of the geographical zone described in said section 3. (Sec. 2, 57 Stat. 600) [G.O. C-46, Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1691]

§ 110.36 Nonquota status; by relationship to citizen or by former citizenship. (a) An unmarried child under 21 years of age, or the wife, of a citizen of the United States, or the husband of a citizen of the United States by marriage occurring prior to July 1, 1932, shall not

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be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer, designating the holder as such, and then only when the facts necessary to determine the particular status as a nonquota immigrant are established to the satisfaction of the examining immigration officer. The alien will be excluded if subsequent to issuance of the visa the alien has obtained a divorce from the citizen petitioner; or, if subsequently widowed, has remarried; or, if beneficiary is a child, has subsequently married. A person who is ineligible to citizenship or is a Chinese person as defined in § 110.35 of this part shall not be regarded as having a nonquota status solely because he bears one of the relationships to a citizen of the United States described in this paragraph.

(b) A woman, regardless of her race, who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country, and who has acquired no other nationality by affirmative act other than by such marriage, shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer, designating the holder as such, and then only when the facts necessary to determine the particular status as a nonquota immigrant are established to the satisfaction of the examining immigration officer.

(c) A person, regardless of his race, who was a citizen of the United States and also a national of a foreign state, and who lost his citizenship of the United States under the provisions of section 401 (c) of the Nationality Act of 1940 (54 Stat. 1169; 8 U.S.C. 801), and who claims that he is entering the United States for the purpose of recovering his citizenship, shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only if the facts necessary to determine the particular status are established to the satisfaction of the examining immigration officer. (Secs. 4 (a), 4 (f), 9 (f), 23, 43 Stat. 155, 157, 165, 45 Stat. 1009, 46 Stat. 854, 47 Stat. 656, 50 Stat. 164, sec. 317 (c), 54 Stat. 1147; 8 U.S.C. 204 (a), 204 (f), 209 (f), 221, 717)

[G.O. C-46,

Page 511

Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1691]

§ 110.37 Nonquota status on basis of former residence. (a) An alien, regardless of his race, claiming to be a nonquota immigrant on the ground that he has previously been lawfully admitted to the United States and is returning from a temporary visit abroad shall not be admitted as such unless at the time of arrival he shall establish that he has previously been lawfully admitted for permanent residence, is returning from a temporary visit abroad, and presents such valid documents as may be necessary under the terms of an outstanding Executive order or orders prescribing documents required of aliens entering the United States, or a waiver of such documents has been granted by the Secretary of State under the circumstances present in his case. [Paragraph (a) amended Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1691]

NOTE: The following authority citation at the end of § 110.37 was supplied "(Secs. 4 (b), 13 (b), 23, 43 Stat. 155, 161, 165; 8 U.S.C. 204 (b), 213 (b), 221. E.O. 8766, June 3, 1941, 3 CFR Cum. Supp., sec. 2, 57 Stat. 600)"; by G.O. C-46, Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1691.

§ 110.39 Nonquota status; by country of birth or by relationship to certain nonquota immigrants. (a) An alien claiming a nonquota status because of birth in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only when it shall be established to the satisfaction of the examining immigration official that he was born in one of the countries named or referred to in this paragraph. When such alien is accompanied by an alleged wife, or an unmarried child or children under 18 years of age, born elsewhere than in one of such countries, who seek admission as nonquota immigrants on the ground that the husband or parent was born in one of such countries, these claimed members of the family must also present immigration visas duly issued by an American consular officer, designating the wife or child or children as nonquota

immigrants and satisfactory proof shall be required of the relationship asserted and the age of the child or children.

(b) When a wife, or child under 18 years of age, born elsewhere than in one of the countries named or referred to in paragraph (a) of this section, seeks to enter the United States as a nonquota immigrant because coming to join a husband or parent alleged to have been born in one of such countries, such wife or child must present an immigration visa duly issued by an American consular officer, designating the holder as a nonquota immigrant and shall establish to the satisfaction of the examining immigration official (1) that the claimed relationship actually exists; (2) that the child or children are under 18 years of age; (3) that such husband or parent was born in one of such countries; and (4) that such husband or parent has been lawfully admitted to the United States for permanent residence and resides therein.

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(c) An alien who is ineligible to citizenship or is a Chinese person as defined in § 110.35 shall not be regarded having the nonquota status described in paragraphs (a) or (b) of this section. (Secs. 4 (c), 12 (a), 23, 43 Stat. 155, 160, 165; 8 U.S.C. 204 (c), 212 (a), 221. Sec. 2, 57 Stat. 601; 8 U.S.C. Sup., 212a) [G.O. C-46, Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1691]

§ 110.40 Nonquota status; ministers and professors; students. (a) An alien, regardless of his race, who claims a nonquota status because for at least two years immediately preceding the time of his application for admission to the United States he has continuously been, and seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination or professor of a college, academy, seminary, or university shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only when it shall be established to the satisfaction of the examining immigration officer that he has been, and seeks to enter the United States solely for the purpose of, so carrying on his vocation. When an alleged wife, or an unmarried child or children under 18 years of age accompany such an alien or follow to join him and seek admission as nonquota immigrants on the ground that the husband

or parent is or was a nonquota immigrant as described in this section, these claimed members of the family must also present immigration visas duly issued by an American consular officer, designating the wife or child or children as nonquota immigrants on such ground and satisfactory proof shall be required of the relationship asserted and the age of the child or children.

(b) An alien, regardless of his race, claiming to be a nonquota immigrant on the ground that he is a student as defined in § 125.1 of this chapter shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only when the facts necessary to determine his status as a student are established to the satisfaction of the examining immigration officer. (Secs. 4 (d), 4 (e), 23, 43 Stat. 155, 44 Stat. 812, 45 Stat. 1009, 43 Stat. 165; 8 U.S.C. 204 (d), 204 (e), 221. Sec. 2, 57 Stat. 601; 8 U.S.C. Sup., 212a) [G.O. C-46, Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1692]

§ 110.47 Exemptions from reading test. The following classes of aliens over 16 years of age are exempted from the reading test:

(a) Physically incapable. Persons who are physically incapable of reading.

(b) Relationship. Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted aliens, when such persons are sent for or brought in by such citizens, admissible aliens, or admitted aliens: father, if over 55 years of age; grandfather, if over 55 years of age; wife; mother; grandmother; unmarried daughter; or widowed daughter.

(c) Religious persecution. Persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence.

(d) Returning residents. Persons who have been lawfully admitted to the United States and who have resided therein continuously for five years and who have returned to the United States within six months from the date of their departure therefrom.

(e) Transits through contiguous territory. Persons who have been lawfully admitted to the United States and who

later go from one part of the United States to another 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.

(f) Transits. Persons in transit through the United States, as defined in § 118.1 of this chapter.

(g) Visitors from nearby countries. Persons whose legal domicile or bona fide residence was in Canada, Newfoundland, Cuba, or Mexico for at least one year immediately preceding entry and who enter the United States temporarily for business or pleasure for a period not exceeding one year.

(h) Exhibitors. Exhibitors and employees of fairs and expositions authorized by Congress. (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (o) (q)) [Reg., Aug. 18, 1944, effective Aug. 28, 1944, 9 F.R. 10446]

§ 110.52 Aliens previously arrested and deported; exclusion; permission to reapply. Application should be made on Form I-212, when available, and should be sent direct to the Central Office of the Service. [Sentence added May 16, 1944, effective May 27, 1944, 9 F.R. 5768]

§ 110.54 Resident aliens' border crossing identification cards; qualifications necessary to obtain. [Revoked]

CODIFICATION: §§ 110.54-110.62 were revoked by Regulation, Commissioner, June 27, 1944, effective June 30, 1944, 9 F.R. 7365.

§ 110.55 Resident aliens' border crossing identification cards; application and preparation. [Revoked. See codification note to § 110.54]

§ 110.56 Resident aliens' border crossing identification cards; use. [Revoked. See codification note to

§ 110.54]

§ 110.57 Resident aliens' border crossing identification cards; period of validity; issuance, revalidation, and cancellation discretionary. [Revoked. See codification note to § 110.54]

§ 110.58 Resident aliens' border crossing identification cards; reentry of holders. [Revoked. See codification note to § 110.54]

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