$105.5 Seamen admitted as immigrants. (a) A head tax of $8 shall be paid for every alien who arrives as a seaman but is admitted as an immigrant, except a seaman admitted under section 4 (b) of the Immigration Act of 1924 who is within the exemption specified in §105.3 (1). (b) Head tax shall be paid for an alien arriving as a seaman but admitted under said section 4 (b) if the alien is returning from a temporary absence abroad which was not connected with his occupation as a seaman, except that he shipped as a seaman in preference to other methods of travel, and if he would be required to pay head tax were he returning from such an absence otherwise than as a seaman. (39 Stat. 875; 8 U.S.C. 132) [G.O. C-40, Supp. 2, Oct. 18, 1943, 8 F.R. 14196] §105.6 Liability for head tax assessed for admission of seamen as immigrants. In any case in which head tax is assessed under this part by reason of the admission of a seaman as an immigrant, the tax shall be paid by the master, agent, owner, or consignee of the vessel or transportation line responsible under the provisions of section 2 of the Immigration Act of February 5, 1917. (39 Stat. 875; 8 U.S.C. 132) [G.O. C-40, Supp. 2, Oct. 18, 1943, 8 F.R. 14196] for aliens, such ports being listed according to the numerical order of the Field Service district in which they are located: DISTRICT No. 1-ST. ALBANS, VERMONT Robbinston, Maine (June-Sept.) Van Buren, Maine Morristown, N. Y. Alburg Springs, Vt. North Troy, Vt. DISTRICT No. 2-BOSTON, MASS. Portland, Maine Boston, Mass. Gloucester, Mass. DISTRICT No. 3-NEW YORK, NEW YORK DISTRICT NO. 4-PHILADELPHIA, PENNSYLVANIA Philadelphia, Pa. The port of Philadelphia includes, among others, the port facilities at Trenton, Camden, Gloucester City, Paulsboro, Gibbstown, and Deepwater Point, New Jersey; Chester and Marcus Hook, Pennsylvania; and Wilmington, Delaware.) Page 351 Mobile, Ala. Apalachicola, Fla. Boca Grande, Fla. Fort Pierce, Fla. Tampa, Fla. West Palm Beach, Fla. New Orleans, La. Ensenada, P. R. Fajardo, P. R. Hunacao, P. R. Jobas, P. R. San Juan, P. R. Georgetown, S. C. Christiansted, St. Croix, Virgin Islands Charlotte Amalie, St. Thomas, Virgin Islands. DISTRICT No. 7-BUFFALO, NEW YORK Buffalo, N. Y. Lewiston, N. Y. Niagara Falls, N. Y. Rochester, N. Y. Youngstown, N. Y. Cleveland, Ohio Erie, Pa. DISTRICT NO. 8-DETROIT, MICHIGAN Algonac, Mich. Isle Royal, Mich. Detroit, Mich. Marine City, Mich. DISTRICT NO. 9-CHICAGO, ILLINOIS Chicago, Ill. Baudette, Minn. Duluth, Minn. International Falls, Minn. Noyes, Minn. Pigeon River, Minn. Pine Creek, Minn. Ranier, Minn. Roseau, Minn. Warroad, Minn. Ambrose, N. Dak. Fortuna, N. Dak. Hannah, N. Dak. Walhalla, N. Dak. Westhope, N. Dak. Green Bay, Wis. Milwaukee, Wis. Port Townsend, Wash. Seattle, Wash. South Bend, Wash. Sumas, Wash. Tacoma, Wash. DISTRICT NO. 13-SAN FRANCISCO, CALIFORNIA Eureka, Calif. San Francisco, Calif. Hilo, T. H. Honolulu, T. H. Kahului, T. Η. Port Allen, T. H. DISTRICT NO. 14SAN ANTONIO, TEXAS Beaumont, Tex. Brownsville, Tex. Corpus Christi, Tex. Del Rio, Tex. Eagle Pass, Tex. Freeport, Tex. Galveston, Tex. Hidalgo, Tex. Houston, Tex. Laredo, Tex. Port Arthur, Tex. Rio Grande City, Tex. Roma, Tex. Thayer, Tex. Zapata, Tex. DISTRICT No. 15-EL PASO, TEXAS Douglas, Ariz. Naco, Ariz. Nogales, Ariz. Sasabe, Ariz. Sonoyta, Ariz. (Sonoyta Gate) Columbus, N. Mex. El Faso, Tex. Fabens, Tex. (limited) Presidio, Tex. Ysleta, Tex. (limited) DISTRICT NO. 16-LOS ANGELES, CALIFORNIA San Luis, Ariz. Andrade, Calif. Calexico, Calif. Los Angeles, Calif. Port Hueneme, Calif. San Diego, Calif. San Luis Obispo, Calif. San Pedro, Calif. San Ysidro, Calif. Tecate, Calif. (39 Stat. 892, 43 Stat. 166, 54 Stat. 675; 8 U.S.C. 102, 222, 458) [G.O. C-38, Supp. 1, Sept. 4, 1943, 8 F.R. 12506, as amended by G.O. C-1, Supp. 17, Sept. 29, 1943, 8 F.R. 13447] NOTE: § 110.1 was amended by deleting Westby, Montana, from the list of ports of entry for aliens in District No. 10, by G.O. C-1, Supp. 17, Sept. 29, 1943, 8 F.R. 13447. $110.2 Immigration stations in Canada. NOTE: § 110.2 was amended by deleting Yarmouth, Nova Scotia, from the list of United States immigration stations located in Canada, by G.O. C-1, Supp. 18, Νον. 3, 1943, 8 F.R. 15553. § 110.3 Designated ports of entry by aircraft. NOTE: § 110.3 was amended by striking Great Falls, Montana, Great Falls Municipal Airport, from the list of temporary ports of entry for aliens arriving by aircraft, by G.O. C-2, Supp. 15, June 5, 1943, 8 F.R. 8047, and by striking Laredo, Texas, Laredo Airdrome, from this list, by G.O. C-2, Supp. 16, Νον. 29, 1943, 8 F.R. 16318. § 110.20 Immigrant aliens liable to be excluded as public charges; admission under bond exacted at ports. The immigration officer conducting the primary inspection in the case of an alien who is applying for admission to the United States for permanent residence and who is liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis in any form or a loathsome or dangerous disease shall refer the question of admission to the officer in charge of the port and that official may in his discretion admit the alien on primary inspection, if otherwise admissible, upon the furnishing of a bond in the penal sum of not less than $500, conditioned as authorized by section 21 of the Immigration Act of 1917 (39 Stať. 891, 8 U.S.C. 158); or in lieu of such bond, upon the depositing of cash or a postal money order in the sum of not less than $500 for the same purposes, and subject to the same conditions as the bond. If the officer in charge of the port does not so admit the alien, the question of admission shall be referred to a board of special inquiry and such board may in its discretion admit the alien, if otherwise admissible, upon the furnishing of the bond or the depositing of the cash or the postal money order, which are described in the preceding sentence. If the alien is excluded by the board of special inquiry, an appeal may be made as prescribed in § 130.6 and Part 136 of this chapter. The admission of an alien under bond exacted by the officer in charge of a port or by a board of special inquiry shall be reported at once to the Central Office on Form I-404. (39 Stat. 891, 8 U.S.C. 158) [G.O. C-41, Aug. 21, 1943, 8 F.R. 12256] § 110.21 Immigrant bonds; approval, cancellation, and violation. 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 Forms 554; 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. 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 canceled by any officer or employee mentioned in this section. Notice of such cancellation shall be forwarded 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. (39 Stat. 891, 8 U.S.C. 158) [G.O. C-41, Aug. 21, 1943, 8 F.R. 12256] lidity; issuance, revalidation, and cancelation discretionary. NOTE: § 110.57 was amended by deleting from the third sentence thereof the words "where use of the card is authorized", by G.O. C-32, Supp. 2, Aug. 9, 1943, 8 F.R. 11466. PART 115-ADMISSION OF AGRICULTURAL WORKERS UNDER SPECIAL LEGISLATION Sec. 115.3 Finger printing; identification card; conditions and period of admission. [Amended] § 115.3 Fingerprinting; identification card; conditions and period of admission. * (c) Be admitted for a fixed period, not exceeding one year, on condition that he continuously maintain the status of an agricultural worker and depart from the United States at the expiration of his admission or any extension thereof except that if he is a national of a country with whose Government there exists an agreement with the Government of the United States regulating the importation of agricultural workers, then he shall be admitted for the period of the validity of his contract entered into pursuant to such agreement, but not exceeding one year, on condition that he maintain the status of an agricultural worker under terms of the contract and depart from the United States at the expiration of his admission or of any extension thereof: Provided, however, That regardless of the period for which an alien is admitted under this part, or of any extension thereof, such period shall automatically terminate 30 days after cessation of all hostilities between the United States and her enemies in the present war. [As amended Nov. 18, 1943, 8 F.R. 16354] Sec. 120.40 Alien seamen who were members of the crew of an American vessel which has been sold or delivered abroad who are being returned to the United States as passengers or workaways in accordance with the terms of the contract of employment of the outbound voyage or the laws of the United States. [Revised] AUTHORITY: §§ 120.20 to 120.40, inclusive, appearing in this supplement, issued under 39 Stat. 892, 896, 8 U.S.C. 102, 168; 43 Stat. 162, 164, 166, 47 Stat. 524, 54 Stat. 711, 8 U.S.C. 214, 215, 167, 222; 54 Stat. 674, 675, 8 U.S.C. 453, 458. Additional authority is noted in parentheses following sections af fected. SOURCE: §§ 120.20 to 120.40, inclusive, appearing in this supplement, contained in G.O. C-31, Supp. 3, Oct. 18, 1943, 8 F.R. 14197. § 120.20 Alien seamen seeking entry as immigrants. (a) An alien seaman seeking to enter the United States as an immigrant under any provision of law other than section 4 (b) of the Immigration Act of 1924 shall be subject to all the laws, regulations, and Executive orders applicable to immigrants generally. (b) An alien seaman who, previously, has been lawfully admitted for permanent residence and who is returning to an unrelinquished domicile in the United States may, if otherwise admissible, be permitted to enter as a returning resident under section 4 (b) of the said Act without a nonquota immigration visa or reentry permit if the name of such alien appears on the crew list of the vessel on which he arrives and is included in the visa thereof, if such visa is required under any applicable Executive order prescribing the necessity for crew list visas. If the name of such an alien is not included in a required crew list visa, his case shall be submitted to the Central Office for consideration of obtaining a waiver of the documentary requirements for entry. (43 Stat. 155, 161; 8 U.S.C. 204 (b), 213) §120.21 Alien seamen seeking entry in pursuit of calling; when ordered detained; waiver of crew list visa. (a) Any alien who upon arrival establishes that he is a bona fide seaman as defined in § 120.2, is admissible as a nonimmigrant under section 3 (5) of the Immigration Act of 1924 and is not inadmissible under the other provisions of this part and of Part 175, may be tempo rarily admitted for such period of time as the examining immigrant inspector shall designate, not to exceed, however, the time the vessel on which the alien arrives remains in the United States and in no event to exceed 29 days, if: (1) His name appears on the duly visaed crew list of the vessel on which he arrives, unless such vessel is excepted from the requirement of submitting a visaed crew list under the applicable Executive order and regulations prescribing the requirements for crew list visas; and (2) He is in possession of a passport, or some other document in lieu thereof, which is acceptable under the applicable Executive order and regulations prescribing the documents required of alien seamen and which satisfactorily establishes his identity and nationality. (b) Extensions of such a temporary admission may be granted by the officer in charge at the port of arrival if exceptional circumstances exist which justify such extensions, but the officer in charge shall in no event grant an extension or extensions which will authorize the alien seaman to remain in the United States for a period more than 90 days after his arrival. Any request for an extension beyond that period shall be referred to the Central Office for decision. No extension of the period of an alien seaman's admission which will permit him to remain in the United States for 30 days or longer shall be granted until he has been registered and fingerprinted in accordance with the applicable provisions of Part 170 of this chapter. (c) The period of temporary admission of any seaman admitted for the period of time the vessel on which he arrives remains in the United States shall be deemed to be terminated if such vessel fails to depart to a foreign port or place within 29 days after its arrival at the port where the seaman was admitted, unless an extension of the alien's period of admission beyond 29 days from the date of the arrival of the vessel has been granted. (d) An alien seaman whose name is not included in the visa of an alien crew list, or who is not in possession of an acceptable passport or document in lieu thereof, may nevertheless be admitted temporarily if otherwise entitled to such admission, if permission of the Secretary of State is obtained. |