« iepriekšējāTurpināt »
FEE FOR FURNISHING AND VERIFICATION OF APPLICATION
(h) A fee of $1 shall be charged for the furnishing and verification of each application, which shall include the furnishing and verification of the duplicate, and shall be covered into the Treasury as miscellaneous receipts. (43 Stat. 156-157; 8 U. S. C. 207 (a)– 207 (h).).
NONQUOTA IMMIGRATION VISAS (WHEN AND HOW USED)
SEO. 8. A consular officer may, subject to the limitations provided in sections 2 and 9, issue an immigration visa to a non-quota immigrant as such upon satisfactory proof, under regulations prescribed under this Act, that the applicant is entitled to be regarded as a non-quota immigrant. (43 Stat. 157; 8 U. S. C. 208.)
ISSUANCE OF IMMIGRATION VISAS TO RELATIVES (ISSUANCE OF NONQUOTA AND QUOTA VISAS TO RELATIVES; AUTHORITY TO ISSUE)
SEC. 9. (a) In case of any immigrant claiming in his application for an immigration visa to be a non-quota immigrant by reason of relationship under the provisions of subdivision (a) of section 4, or to be entitled to preference by reason of relationship to a citizen of the United States under the provisions of section 6, the consular officer shall not issue such immigration visa or grant such preference until he has been authorized to do so as hereinafter in this section provided.
VISAS; PERSONS ENTITLED TO; PETITION FOR; FORM AND CONTENTS
(b) Any citizen of the United States claiming that any immigrant is his relative, and that such immigrant is properly admissible to the United States as a non-quota immigrant under the provisions of subdivision (a) of section 4 or is entitled to preference as a relative under section 6, may file with the Commissioner of Immigration and Naturalization a petition in such form as may be by regulations prescribed, stating (1) the petitioner's name and address; (2) if a citizen by birth, the date and place of his birth; (3) if a naturalized citizen, the date and place of his admission to citizenship and the number of his certificate, if any; (4) the name and address of his employer or the address of his place of business or occupation if he is not an employee; (5) the degree of the relationship of the immigrant for whom such petition is made, and the names of all the places where such immigrant has resided prior to and at the time when the petition is filed; (6) that the petitioner is able to and will support the immigrant if necessary to prevent such immigrant from becoming a public charge; and (7) such additional information necessary to the proper enforcement of the immigration laws and the naturalization laws as may be by regulations prescribed.
VERIFICATION OF PETITION; DOCUMENTARY EVIDENCE ACCOMPANYING
(c) The petition shall be made under oath administered by any individual having power to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer. The petition shall be supported by any
documentary evidence required by regulations prescribed under this Act. Application may be made in the same petition for admission of more than one individual.
SUPPORTING STATEMENTS ACCOMPANYING PETITION
(d) The petition shall be accompanied by the statements of two or more responsible citizens of the United States, to whom the petitioner has been personally known for at least one year, that to the best of their knowledge and belief the statements made in the petition are true and that the petitioner is a responsible individual able to support the immigrant or immigrants for whose admission application is made. These statements shall be attested in the same way as the petition.
ACTION OF COMMISSIONER OF IMMIGRATION AND NATURALIZATION, ATTORNEY GENERAL, AND SECRETARY OF STATE
(e) If the Commissioner of Immigration and Naturalization finds the facts stated in the petition to be true, and that the immigrant in respect of whom the petition is made is entitled to be admitted to the United States as a non-quota immigrant under subdivision (a) of section 4 or is entitled to preference as a relative under section 6, he shall, with the approval of the Attorney General, inform the Secretary of State of his decision, and the Secretary of State shall then authorize the consular officer with whom the application for the immigration visa has been filed to issue the immigration visa or grant the preference.
EFFECT ON RIGHTS OF NONQUOTA IMMIGRANTS
(f) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is granted, either to enter the United States as a non-quota immigrant if, upon arrival in the United States, he is found not to be a nonquota immigrant, or to enter the United States as a preferencequota immigrant if, upon arrival in the United States, he is found not to be a preference-quota immigrant." (43 Stat. 157-158; 50 Stat. 164; 8 U. S. C. 209 (a)-209 (f).)
PERMIT TO REENTER THE UNITED STATES AFTER TEMPORARY ABSENCE; PERSONS ENTITLED TO; APPLICATION FOR; FORM AND CONTENTS; VERIFICATION; PHOTOGRAPH ACCOMPANYING
SEO. 10. (a) Any alien about to depart temporarily from the United States may make application to the Commissioner of Immigration and Naturalization for a permit to reenter the United States, stating the length of his intended absence, and the reasons therefor. Such application shall be made under oath, and shall be in such form and contain such information as may be by regulations prescribed, and shall be accompanied by two copies of the applicant's photograph.
"Act of May 14, 1937 (50 Stat. 164; 8 U. S. C. 209 (f)). Prior thereto, subdivision (f) of section 9, Act of May 26, 1924 (43 Stat. 158), read as follows: "(f) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is granted, to enter the United States as a non-quota immigrant, if, upon arrival in the United States, he is found not to be a non-quota Immigrant."
ISSUANCE OF REENTRY PERMITS BY COMMISSIONER OF IMMIGRATION AND NATURALIZATION WITH APPROVAL OF ATTORNEY GENERAL; LIFE OF PERMIT; FORM AND CONTENTS OF PERMIT; PHOTOGRAPH ATTACHED
(b) If the Commissioner of Immigration and Naturalization finds that the alien has been legally admitted to the United States, and that the application is made in good faith, he shall, with the approval of the Attorney General, issue the permit, specifying therein the length of time, not exceeding one year, during which it shall be valid. The permit shall be in such form as shall be by regulations prescribed and shall have permanently attached thereto the photograph of the alien to whom issued, together with such other matter as may be deemed necessary for the complete identification of the alien.
EXTENSION OF LIFE OF PERMIT
(c) On good cause shown the validity of the permit may be extended for such period or periods, not exceeding six months each, and under such conditions, as shall be by regulations prescribed.
FEE FOR PERMIT
(d) For the issuance of the permit, and for each extension thereof, there shall be paid a fee of $3, which shall be covered into the Treasury as miscellaneous receipts.
SURRENDER OF PERMIT ON RETURN TO UNITED STATES
(e) Upon the return of the alien to the United States the permit shall be surrendered to the immigration officer at the port of inspection.
EFFECT OF PERMIT ON RIGHTS OF ALIEN
(f) A permit issued under this section shall have no effect under the immigration laws, except to show that the alien to whom it is issued is returning from a temporary visit abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning. (43 Stat. 158-159; 8 U. S. C. 210 (a)-210 (f).)
NUMERICAL LIMITATIONS UPON QUOTA; ANNUAL QUOTA BASED ON NATIONALITY; NATIONAL ORIGIN; MINIMUM QUOTA
SEO. 11. (a) The annual quota of any nationality shall be 2 per centum of the number of foreign-born individuals of such nationality resident in continental United States as determined by the United States census of 1890, but the minimum quota of any nationality shall be 100,15
15 The 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 section 4, Immigration Act of 1924, all Chinese persons entering the United States annually as immigrants shall be allocated to the quota for the Chinese computed under the provisions of sec. 11, of the said Act. A preference up to 75 per centum of the quota shall be given to Chinese born and resident in China."'
ANNUAL QUOTA FOR FISCAL YEAR BEGINNING JULY 1, 1927; MINIMUM QUOTA
(b) The annual quota of any nationality for the fiscal year beginning July 1, 1929, and for each fiscal year thereafter, shall be a number which bears the same ratio to 150,000 as the number of inhabitants in continental United States in 1920 having that national origin (ascertained as hereinafter provided in this section) bears to the number of inhabitants in continental United States in 1920, but the minimum quota of any nationality shall be 100.
DETERMINATION OF NATIONAL ORIGIN
(c) For the purpose of subdivision (b) national origin shall be ascertained by determining as nearly as may be, in respect of each geographical area which under section 12 is to be treated as a separate country (except the geographical areas specified in subdivision (c) of section 4) the number of inhabitants in continental United States in 1920 whose origin by birth or ancestry is attributable to such geographical area. Such determination shall not be made by tracing the ancestors or descendants of particular individuals, but shall be based upon statistics of immigration and emigration, together with rates of increase of population as shown by successive decennial United States censuses, and such other data as may be found to be reliable.
INHABITANTS IN CONTINENTAL UNITED STATES IN 1920
(d) For the purpose of subdivisions (b) and (c) the term "inhabitants in continental United States in 1920" does not include (1) immigrants from the geographical areas specified in subdivision (c) of section 4 or their descendants, (2) aliens ineligible to citizenship or their descendants, (3) the descendants of slave immigrants, or (4) the descendants of American aborigines.
DETERMINATION OF NATIONAL ORIGIN; BY WHOM MADE; PROCEDURE; PRESIDENTIAL PROCLAMATION OF QUOTAS
(e) The determination provided for in subdivision (c) of this section shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly. In making such determination such officials may call for information and expert assistance from the Bureau of the Census. Such officials shall, jointly, report to the President the quota of each nationality, determined as provided in subdivision (b), and the President shall proclaim and make known the quotas so reported. Such proclamation shall be made on or before April 1, 1929.16 If the proclamation is not made on or before such date, quotas proclaimed therein shall not be in effect for any fiscal year beginning before the expiration of 90 days after the date of the proclamation." After the making of a proclamation under this subdivision the quotas proclaimed therein shall continue with the same effect as if specifically
16 Act of March 4, 1927 (44 Stat. 1455; 8 U. S. C. 211). Prior thereto, subdivisions (b) and (e) of section 11, Act of May 26, 1924 (43 Stat. 159), read in part as follows; "July 1, 1927." and "April 1. 1927," respectively.
Act of March 31, 1928 (45 Stat. 400; 8 U. S. C. 211). Prior thereto, subdivision_(b) and (e), section 11, Act of May 26, 1924 (43 Stat. 159), read in part as follows: "July 1, 1928," and "April 1, 1928," respectively.
17 See Presidential proclamation issued April 28, 1938, p. 257. See also Attorney General's Opinion 4.
stated herein, and shall be final and conclusive for every purpose except (1) in so far as it is made to appear to the satisfaction of such officials and proclaimed by the President, that an error of fact has occurred in such determination or in such proclamation, or (2) in the case provided for in subdivision (c) of section 12. If for any reason quotas proclaimed under this subdivision are not in effect for any fiscal year, quotas for such year shall be determined under subdivision (a) of this section.
IMMIGRATION VISAS LIMITED TO QUOTAS; MONTHLY ISSUE
(f) There shall be issued to quota immigrants of any nationality (1) no more immigration visas in any fiscal year than the quota for such nationality, and (2) in any calendar month of any fiscal year no more immigration visas than 10 per centum of the quota for such nationality, except that if such quota is less than 300 the number to be issued in any calendar month shall be prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, but the total number to be issued during the fiscal year shall not be in excess of the quota for such nationality.
ISSUE OF VISA TO NONQUOTA IMMIGRANT AS QUOTA IMMIGRANT
(g) Nothing in this Act shall prevent the issuance (without increasing the total number of immigration visas which may be issued) of an immigration visa to an immigrant as a quota immigrant even though he is a non-quota immigrant. (43 Stat. 159160; 8 U. S. C. 211 (a)-211 (g).)
NATIONALITY; DETERMINATION OF
SEC. 12. (a) For the purposes of this Act nationality shall be determined by country of birth, treating as separate countries the colonies, dependencies, or self-governing dominions, for which separate enumeration was made in the United States census of 1890; except that (1) the nationality of a child under 21 years of age not born in the United States, accompanied by its alien parent not born in the United States, shall be determined by the country of birth of such parent if such parent is entitled to an immigration visa, and the nationality of a child under 21 years of age not born in the United States, accompanied by both alien parents not born in the United States, shall be determined by the country of birth of the father if the father is entitled to an immigration visa; and (2) if a wife is of a different nationality from her alien husband and the entire number of immigration visas which may be issued to quota immigrants of her nationality for the calendar month has already been issued, her nationality may be determined by the country of birth of her husband if she is accompanying him and he is entitled to an immigration visa, unless the total number of immigration visas which may be issued to quota immigrants of the nationality of the husband for the calendar month has already been issued. An immigrant born in the United States who has lost his United States citizenship shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country, then in the country from which he comes.