Lapas attēli
PDF
ePub

Immigration Act of May 26, 1924, as Amended1

TO LIMIT THE IMMIGRATION OF ALIENS INTO THE
UNITED STATES, ETC.

SECTION 1. That this Act may be cited as the "Immigration Act of 1924."2 (43 Stat. 153; 8 U. S. C. 201.)

IMMIGRATION VISAS; AUTHORITY TO ISSUE; CONTENTS

SEC. 2. (a) A consular officer upon the application of any immigrant (as defined in section 3) may (under the conditions hereinafter prescribed and subject to the limitations prescribed in this Act or regulations made thereunder as to the number of immigration visas which may be issued by such officer) issue to such immigrant an immigration visa which shall consist of one copy of the application provided for in section 7, visaed by such consular officer. Such visa shall specify (1) the nationality of the immigrant; (2) whether he is a quota immigrant (as defined in section 5) or a nonquota immigrant (as defined in section 4); (3) the date on which the validity of the immigration visa shall expire; and (4) such additional information necessary to the proper enforcement of the immigration laws and the naturalization laws as may be by regulations prescribed.

PHOTOGRAPH OF IMMIGRANT

(b) The immigrant shall furnish two copies of his photograph to the consular officer. One copy shall be permanently attached by the consular officer to the immigration visa and the other copy shall be disposed of as may be by regulations prescribed.

PERIOD OF VALIDITY OF VISA

(c) The validity of an immigration visa shall expire at the end of such period, specified in the immigration visa, not exceeding four months, as shall be by regulations prescribed. In the case of an immigrant arriving in the United States by water, or arriving by water in foreign contiguous territory on a continuous voyage to the United States, if the vessel, before the expiration of the validity of his immigration visa, departed from the last port outside the United States and outside foreign contiguous territory at which the immigrant embarked, and if the immigrant proceeds on a con

1 For historical background giving the main statutes relative to the creation and development of the Immigration and Naturalization Service, together with authority for changes that have been made in the text of the laws relating to the desiguations of officers and agencies administering the immigration laws see footnote 1, p. 1. The subheadings used in the body of the text are for purposes of identification of subject matter. Usually they are not found in the law as enacted.

For limitations applicable to this Act, see the following Acts, April 2, 1928 (45 Stat. 401; 8 U. S. C. 226a), p. 92, May 26, 1926, as amended (44 Stat. 657; 47 Stat. 158: 8 U. S. C. 231), p. 91, sec. 318 (b), Act of Oct. 14, 1940, p. 119, and Dec. 17, 1943 (57 Stat. 600), p. 125.

56870044

39

tinuous voyage to the United States, then, regardless of the time of his arrival in the United States, the validity of his immigration visa shall not be considered to have expired.

NOTATION ON PASSPORT OF NUMBER OF VISA

(d) If an immigrant is required by any law, or regulations or urders made pursuant to law, to secure the visa of his passport by a consular officer before being permitted to enter the United States, such immigrant shall not be required to secure any other visa of his passport than the immigration visa issued under this Act, but a record of the number and date of his immigration visa shall be noted on his passport without charge therefor. This subdivision shall not apply to an immigrant who is relieved, under subdivision (b) of section 13, from obtaining an immigration visa.

ENTRY ON MANIFESTS OR PASSENGER LISTS OF DATA CONCERNING IMMIGRATION VISAS; SURRENDER OF VISAS AT PORTS OF INSPECTION AND TRANSMITTAL TO CENTRAL OFFICE

(e) The manifest or list of passengers required by the immigration laws shall contain a place for entering thereon the date, place of issuance, and number of the immigration visa of each immigrant. The immigrant shall surrender his immigration visa to the immigration officer at the port of inspection, who shall at the time of inspection indorse on the immigration visa the date, the port of entry, and the name of the vessel, if any, on which the immigrant arrived. The immigration visa shall be transmitted forthwith by the immigration and naturalization officer in charge. at the port of inspection to the Department of Justice under regulations prescribed by the Attorney General.

VISAS NOT TO BE ISSUED, WHEN

(f) No immigration visa shall be issued to an immigrant if it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that the immigrant is inadmissible to the United States under the immigration laws, nor shall such immigration visa be issued if the application fails to comply with the provisions of this Act, nor shall such immigration visa be issued if the consular officer knows, or has reason to believe that the immigrant is inadmissible to the United States under the immigration laws.3

VISAS NOT TO ENTITLE INADMISSIBLE ALIENS TO ENTRY

(g) Nothing in this Act shall be construed to entitle an immigrant, to whom an immigration visa has been issued, to enter the United States, if, upon arrival in the United States, he is found to be inadmissible to the United States under the immigration laws. The substance of this subdivision shall be printed conspicuously upon every immigration visa.

For other provisions covering the issuance of visas, see secs. 8 and 9 of this Act. sec. 30, Act of June 28, 1940 (54 Stat. 673; 8 U. 8. C. 451), p. 113, and Act of June 20, 1941 (55 Stat. 252), p. 123. See also sec. 13 (a) of this Act, sec. 318 (b), Act of October 14, 1940 (54 Stat. 1147; 8 U. S. C. 718 (b)), p. 119, and the Act of Dec. 17, 1943 (57 Stat. 600), p. 125, for exemptions under this subdivision.

FEE FOR VISA

(h) A fee of $9 shall be charged for the issuance of each immigration visa, which shall be covered into the Treasury as miscellaneous receipts. (43 Stat. 153–154; 8 U. S. C. 202 (a)–202 (h).).

IMMIGRANT DEFINED

SEC. 3. When used in this Act the term "immigrant" means any alien departing from any place outside the United States destined for the United States, except (1) an accredited official of a foreign government recognized by the Government of the United States, 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, and (6) an alien entitled to enter the United States solely to carry on trade between the United States and the foreign state of which he is a national under and in pursuance of the provisions of a treaty of commerce and navigation, and his wife, and his unmarried children under twenty-one years of age, if accompanying or following to join him. (43 Stat. 154; 47 Stat. 607; 54 Stat. 711; 8 U. S. C. 203.)

[COUNTRIES WITH WHICH THE UNITED STATES HAS TREATIES OF COMMERCE AND NAVIGATION

The following list has been furnished by the Department of State showing the countries with which the United States has treaties of commerce and navigation to which section 3 (6) of the Immigration Act of 1924 is applicable:

[blocks in formation]

SEC. 4. When used in this Act the term "non-quota immigrant" means—

7

See Act of February 25, 1925 (43 Stat. 976; 8 U. to modify visa fees.

S. C. 202), p. 87, for authority

Act of July 1, 1940 (54 Stat. 711; 8 U. S. C. 203). Prior thereto, section 3, Act of May 26, 1924 (43 Stat. 154), read in part as follows: (1) a Government official, his family, attendants, servants, and employees.

[ocr errors]

Act of July 6, 1932 (47 Stat. 607; 8 U. S. C. 203). Prior thereto, sec. 3, Act of May 26, 1924 (43 Stat. 154), read in part as follows: “(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."

For other provisions covering nonquota immigrants see the following Acts: May 26, 1926 (44 Stat. 657; 8 U. S. Č. 231), p. 91, July 3, 1926 (44 Stat. 812; 8 U. S. C. 204), p. 92, June 28, 1932 (47 Stat. 336; 8 U. S. C. 2048-204d), p. 99, and sec. 317 (c), October 14, 1940 (54 Stat. 1147; 8 U. S. C. 717), p. 119.

Sec. 2, Act of Dec. 17, 1943 (57 Stat. 600), p. 125, provides: "With the exception of those coming under subsections (b), (d), (e), and (f) of sec. 4, Immigration Act of 1924, all Chinese persons entering the United States annually as inmigrants shall be allocated to the quota for the Chinese

(a) An immigrant who is the unmarried child under twentyone years of age, or the wife, or the husband, of a citizen of the United States: Provided, That the marriage shall have occurred prior to issuance of visa and, in the case of husbands of citizens, prior to July 1, 1932.8

(b) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad;

(c) An immigrant who was born 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, and his wife, and his unmarried children under eighteen years of age, if accompanying or following to join him;

(d) An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who 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; and his wife, and his unmarried children under eighteen years of age, if accompanying or following to join him; "

9

(e) An immigrant who is a bona fide student at least fifteen years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Attorney General, which shall have agreed to report to the Attorney General the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn; or 10

(f) A woman who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss

Act of July 11, 1932 (47 Stat. 656; 8 U. S. C. 204). Prior to July 11, 1932, the Act of May 29, 1928 (45 Stat. 1009), subdivision (a) of sec. 4, Act of May 26, 1924 (43 Stat. 155), read as follows: (a) An immigrant who is the unmarried child under twenty-one years of age, or the wife, of a citizen of the United States, or the husband of a citizen of the United States by a marriage occurring prior to June 1, 1928;

[ocr errors]

."

Prior to the Act of May 29, 1928 (45 Stat. 1009; 8 U. S. C. 204), subdivision (a) of sec. 4, Act of May 26, 1924, read as follows: (a) An immigrant who is the unmarried child under 18 years of age, or the wife, of a citizen of the United States who resides therein at the time of the filing of a petition under section 9;

Act of July 3, 1926 (44 Stat. 812: 8 U, S. C. 204), amended subdivision (d) of section 4, Act of May 26, 1924 (43 Stat. 155), by adding a now obsolete portion which read as follows: "an immigrant arriving in the United States before July 1, 1927, who is the wife, or the unmarried child under 18 years of age, of an alien resident of the United States who entered the United States prior to July 1, 1924, and who continuously for at least two years immediately preceding the time of his admission to the United States for permanent residence was and who entered 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, if such immigrant is following to join such alien; or".

Act of May 29, 1928 (45 Stat. 1009; 8 U. S. C. 204). Subdivision (d) of section 4, Act of May 26, 1924 (43 Stat. 155), has been amended by striking out the word "or" at the end of the subdivision.

For authority to admit the wife and child of such minister or professor who entered the United States prior to July 1, 1924, if such wife and child arrived between May 26, 1924, and July 1, 1924, and were thereafter temporarily admitted, see Act of July 3, 1926, p. 91.

18 Act of May 29, 1928 (45 Stat. 1009: 8 U. S. C. 204). Subdivision (e) of section 4, Act of May 26, 1924 (43 Stat. 155), has been amended by striking out the period at the end of the subdivision and inserting in lieu thereof a semicolon and the word "or" and by adding thereafter subdivision (f).

of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country." (43 Stat. 155; 44 Stat. 812; 45 Stat. 1009; 46 Stat. 854; 47 Stat. 656; 8 U. S. C. 204.)

QUOTA IMMIGRANT DEFINED

SEC. 5. When used in this Act the term "quota immigrant" means any immigrant who is not a non-quota immigrant. An alien who is not particularly specified in this Act as a non-quota immigrant or a nonimmigrant shall not be admitted as nonquota immigrant or a nonimmigrant by reason of relationship to any individual who is so specified or by reason of being excepted from the operation of any other law regulating or forbidding immigration. (43 Stat. 155; 8 U. S. C. 205.)

ENUMERATION OF PREFERENCES WITHIN QUOTAS; time for GIVING OF PREFERENCE; PERCENTage of prefERENCES

SEC. 6. (a) Immigration visas to quota immigrants shall be issued in each fiscal year as follows: 12

(1) Fifty per centum of the quota of each nationality for such year shall be made available in such year for the issuance of immigration visas to the following classes of immigrants, without priority of preference as between such classes: (A) Quota immigrants who are the fathers or the mothers of citizens of the United States who are twenty-one years of age or over or who are the husbands of citizens of the United States by marriages occurring on or after July 1, 1932; 18 and (B) in the case of any nationality the quota for which is three hundred or more, quota immigrants who are skilled in agriculture, and the wives, and the dependent children under the age of eighteen years, of such

11 Act of July 3, 1930 (46 Stat. 854; 8 U. S. C. 204). Prior to July 3, 1930 the Act of May 29, 1928 (45 Stat. 1009), subdivision (f) of section 4, Act of May 26, 1924, read as follows: "(f) A woman who was a citizen of the United States and who prior to September 22, 1922, lost her citizenship by reason of her marriage to an alien, but at the time of her application for an immigration visa is unmarried."

See also, section 317 (c), Nationality Act of 1940 (54 Stat. 1147; 8 U. S. C. 717), p. 119, for other class of nonquota immigrant.

22 Act of May 29, 1928 (45 Stat. 1009; 8 U. S. C. 206). Prior thereto, sec. 6, Act of May 26, 1924 (43 Stat. 155-156), read as follows: "SEC. 6. (a) In the issuance of Immigration visas to quota immigrants preference shall be given

(1) To a quota immigrant who is the unmarried child under 21 years of age, the father, the mother, the husband, or the wife, of a citizen of the United States who is 21 years of age or over; and

(2) To a quota immigrant who is skilled in agriculture, and his wife, and his dependent children under the age of 16 years, if accompanying or following to join him. The preference provided in this paragraph shall not apply to immigrants of any nationality the annual quota for which is less than 300.

(b) The preference provided in subdivision (a) shall not in the case of quota immigrants of any nationality exceed 50 per centum of the annual quota for such nationality. Nothing in this section shall be construed to grant to the class of immigrants specified in paragraph (1) of subdivision (a) a priority in preference over the class specified in paragraph (2).

(c) The preference provided in this section shall, in the case of quota immigrants of any nationality be given in the calendar month in which the right to preference is established, if the number of immigration visas which may be issued in such month to quota immigrants of such nationality has not already been issued; otherwise in the next calendar month."

The Act of Dec. 17, 1943 (57 Stat. 600), p. 125, provides a preference up to 75 per centum of the quota allotted to Chinese shall be given to Chinese born and resident in China.

13 Act of July 11, 1932 (47 Stat. 656; 8 U. S. C. 206 (a)). Between July 11, 1932, and the Act of May 29, 1928 (45 Stat. 1009), clause (A) of paragraph (1) of subdivision (a), sec. 6, Act of May 26, 1924, read as follows: "(A) Quota immigrants who are the fathers or the mothers, or the husbands by marriage occurring after May 31, 1928, of citizens of the United States who are twenty-one years of age or over;

« iepriekšējāTurpināt »