Immigration and Nationality Laws and Regulations, as of March 1, 1944

NONIMMIGRANTS

With the exceptions hereinafter specified, nonimmigrants must present passports or official documents in the nature of passports issued by the governments of the countries to which they owe allegiance, duly visaed by consular officers of the United States: Provided, however, That no passport visa or transit certificate to enter the United States or the Philippine Islands shall be granted to such an alien if such entry would be contrary to the public safety. Exceptions:

(1) Persons in transit through the United States or the Philippine Islands to a foreign destination. They may present transit certificates according to regulations prescribed by the Secretary of State.

(2) Aliens who are through passengers on vessels touching at ports of the United States. In this connection the term "United States" is to be construed as in section 1 of the Immigration Act of 1917 (39 Stat. 874). They may land temporarily, under regulations prescribed by the Secretary of Labor, without documents of any kind.

(3) Passports may include any person or persons whose inclúsion is proper under the regulations of the issuing government and whose photographs are attached thereto.

(4) Citizens of St. Pierre and Miquelon and French citizens domiciled therein; citizens of Canada, Newfoundland, Bermuda, the Bahamas, and islands in the Greater Antilles and Lesser Antilles groups, and the Windward Islands, and citizens or subjects of the countries to which such islands belong, domiciled therein; citizens of Panama, Mexico, Cuba, Haiti, and the Dominican Republic. Such persons may pass in transit through the United States, or enter the United States temporarily, without passports, visas, or transit certificates.

(5) Seamen. Masters of vessels of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage. If there is no American consular officer stationed at that port, the crew list should be submitted at the first port of call (if the vessel touches at any other port) where an American consular officer is located. This does not refer to consular agents, who are not authorized to visa crew lists. However, this paragraph has no application to members of crews of vessels sailing between ports of the United States and ports of Canada, Newfoundland, St. Pierre, and Miquelon and not touching at ports of other countries. Such persons are not required to be documented.

When a vessel sails from a port where no American consul is stationed, but which is within a few hours reach by mail of an American consulate, so that unreasonable delay and serious loss would not result from referring the crew list to such consulate, it should be referred thereto for visa.

The visa of a shipping commissioner in the Canal Zone shall be accepted as equivalent to the visa of an American consul.

If an alien seaman whose name is not included in a visaed crew list arrives at a port of the United States, he shall not be allowed to land except upon the permission of the Secretary of State.

(6) Aliens making round-trip cruises from American ports without transshipment from the original vessel to another one while en route, provided the original contract for passage calls for transportation from an American port to the ports included in the cruise, and return to either the original or another American port, require no visas for reentry into the United States.

(7) Aliens of no nationality, and those who, when they apply for visas, are outside of the territories of the countries to which they owe allegiance and who, for any reason, are unable to obtain passports or documents in the nature of passports issued by the governments of such countries, and aliens bearing passports issued by governments not recognized by the United States. They may enter the United States with documents showing their origin and identity, visaed by consular officers, under regulations prescribed by the Secretary of State.

(8) In cases of emergency the Secretary of State is authorized in his discretion to waive passport and visa requirements for aliens who are nonimmigrants as defined in section 3 of the Immigration Act of 1924 (43 Stat. 153, 154), as amended, and who apply for admission at a port of entry of the United States.

(9) The Executive Secretary of the Panama Canal, Balboa Heights, Canal Zone, is hereby authorized to issue passport visas and transit certificates to aliens coming to the United States from the Canal Zone; the Collector of Customs of the Philippine Islands is hereby authorized to issue passport visas and transit certificates to aliens coming to the United States from the Philippine Islands; the Governor of American Samoa is hereby authorized to issue passport visas and transit certificates to aliens coming to the United States from American Samoa; and the Governor of Guam is hereby authorized to issue passport visas and transit certificates to aliens coming to the United States from Guam.

III

(1) Aliens entering the Philippine Islands, except those referred to in II (1) and II (2), must present passports or documents in the nature of passports, duly visaed by consular officers of the United States; but seamen on vessels of all nationalities touching at a port of the Philippine Islands are not required to be documented. Masters of such vessels are, therefore, not required to present visaed crew lists.

(2) Aliens entering any other American possessions not included under section 28 (a) of the Immigration Act of 1924 (43 Stat. 153, 168), do not require documents of any kind.

The definition contained in section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as herein otherwise specified.

The Secretary of State and the Secretary of Labor are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned herein.

This order shall take effect immediately and shall supersede Executive Order No. 5426 of August 20, 1930, entitled "Documents Required of Aliens Entering the United States" [p. 241], but shall not supersede Executive Order No. 4049 of July 14, 1924, entitled "Documents Required of Aliens Entering the United States on Airships" [p. 230], Executive Order No. 4648 of May 13, 1927, entitled "Document Required of Bona Fide Alien Seamen Entering the United States as Passengers" [p. 237], or Executive Order No. 4690 of July 11, 1927, relative to Article XXII of the Consular Regulations of 1896.19

CONSOLIDATION OF BUREAUS OF IMMIGRATION AND
NATURALIZATION 20

[Executive Order No. 6166 of June 10, 1933]

DOCUMENTS REQUIRED OF BONA FIDE ALIEN SEAMEN ENTERING THE UNITED STATES

FROM MAY 26, 1934, TO JANUARY 26, 1938

[Executive Order No. 6722 of May 26, 1984]

By virtue of the authority vested in me by the act of May 22, 1918 (ch. 81, 40 Stat. 559), as extended by the act of March 2, 1921 (ch. 113, 41 Stat. 1205, 1217), I hereby prescribe the following regulations governing the entry of alien seamen into the United States:

Alien seamen whose occupational status as such is found to be bona fide, entering the ports of the United States solely in the pursuit of their calling as seamen, may be admitted temporarily in the discretion of the Secretary of Labor and under regulations prescribed by the Secretary without passports or visas if arriving in the United States under the following circumstances:

(1) As seamen who were members of the crew of an American vessel, which has been sold and delivered abroad, when the contract of employment provides for the return of the crew or the laws of the United States provide for their return to an American port;

(2) As individual seamen returned to the United States in accordance with the terms of the articles of outward voyage;

(3) As shipwrecked or cast-away seamen rescued by or transferred to a vessel bound to an American port;

(4) As alien (American) seamen who are consular passengers, or are repatriated without expense to the United States Government following and in accordance with the terms of their discharge in a foreign port before an American consular officer, but who, for any reason, cannot be considered as serving as seamen on the vessel on which they arrive at an American port.

19 Executive Order No. 5869 of June 30, 1932, has been superseded by Executive Orders No. 6986 and No. 6987 of March 9, 1935. However, Executive Order No. 5869 may have effect on deportation cases of aliens who did not have the documents required by this Executive Order at the time of their arrival. See also Executive Orders No. 6986 and No. 6987 (March 9, 1935), pp. 250 and 248, respectively. No. 7865 (April 12, 1988), p. 254, No. 8029 (December 27, 1938), p. 258, No. 8430 (June 5, 1940), p. 263, No. 8766 (June 3, 1941), p. 266, Presidential Proclamation 2528 (Nov. 14, 1841), p. 269, and Executive Order 9352 (June 15, 1943), p. 284, for documentary requirements during other periods subsequent to June 30, 1932.

For text of Executive Order 166 see footnote 1, p. 1

Alien seamen arriving at a port in the United States, sent forward by the owners to join a foreign vessel in such port as members of the crew, may present passport visas, transit certificates, or group transit certificates, issued by a consular officer in accordance with the classification specified in section 3 of the Immigration Act of 1924 (ch. 190, 43 Stat. 153, 154) under such regulations as the Secretary of State and the Secretary of Labor may prescribe.

III

Masters of vessels of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage. If there is no American consular officer stationed at that port, the crew list should be submitted at the first port of call (if the vessel touches at any other port) where an American consular officer is located. The visa of a shipping commissioner in the Canal Zone shall be accepted as equivalent to the visa of an American consular officer, but consular agents are not authorized to visa crew lists. This paragraph does not apply to members of crews of vessels sailing between ports of the United States and ports of Canada, Newfoundland, St. Pierre, and Miquelon and not touching at ports of other countries, no documentation being required of such persons. When a vessel sails from a port where no American consular officer is stationed, but which is within a few hours' reach by mail of an American consulate, so that unreasonable delay and serious loss would not result from referring the crew list to such consulate, it should be referred thereto for visa.

An alien seaman whose name is not included in a visaed crew list arriving at a port of the United States shall not be allowed to land except upon the permission of the Secretary of State.

This order shall take effect immediately and shall supersede Executive Order No. 4648, of May 13, 1927, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States as Passengers" [p. 237], and section II (5) of Executive Order No. 5869, of June 30, 1932, entitled "Documents Required of Aliens Entering the United States" [p. 244].21

DOCUMENTS REQUIRED OF ALIENS ENTERING THE PHILIPPINE ISLANDS

[Executive Order No. 6987 of March 9, 1935]

By virtue of and pursuant to the authority vested in me by the Act of Congress approved May 22, 1918 (40 Stat. 559), as extended by the Act of Congress of March 2, 1921 (41 Stat. 1205-17), I

21 Executive Order No. 6722 of May 26, 1934, has been superseded by Executive Order No. 7797 of January 26, 1938. However, Executive Order No. 6722 may have effect on deportation cases of alien seamen who did not have the documents required by this Executive Order at the time of their arrival. See also Executive Orders No. 7797 (January 26, 1938), p. 253, and No. 8429 (June 5, 1940), p. 262, for documentary requirements during other periods subsequent to May 26, 1984.

hereby prescribe the following documentary requirements for aliens desiring admission into the Philippine Islands. The provisions of this Order shall be applicable to Chinese except as may be otherwise provided by special laws and regulations governing the entry of such aliens.

1. All aliens coming to the Philippine Islands must present unexpired passports or official documents in the nature of passports issued by the governments of the countries to which they owe allegiance or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid passport visas or, in lieu of passport visas, if passing in transit through the Philippine Islands to a foreign destination, transit certificates granted by authorized officers of the United States, except in the following cases:

(a) An alien who is a through passenger on a vessel touching at a port of the Philippine Islands, landing temporarily while the vessel is in port.

(b) An alien seaman serving on a vessel of any nationality touching at a port of the Philippine Islands. (Masters of vessels are not required to present visaed crew lists for the Philippine Islands.)

(c) An alien arriving in the Philippine Islands in transit to the United States or to another American possession. (Such an alien, however, may be required to exhibit those documents necessary for his entry into the United States or the other possession to which he is proceeding.)

2. The Governor General is authorized in his discretion to waive the passport and visa requirements for aliens in the following categories:

(a) An alien lawfully resident in the Philippine Islands who is returning from a temporary visit abroad.

(b) An alien child born subsequent to the issuance of the visa or transit certificate of an accompanying parent, the visa or transit certificate not having expired.

(c) An alien child born during the temporary visit abroad of a mother who is a citizen of the United States or of the Philippine Islands or of an alien mother lawfully resident in the Philippine Islands.

(d) An alien who applies for temporary admission, in cases of emergency.

3. No passport visa or transit certificate shall be granted to an alien whose entry would be contrary to the public safety.

The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas and transit certificates to aliens going to the Philippine Islands from the Canal Zone; the Governor of American Samoa is hereby authorized to issue passport visas and transit certificates to aliens going to the Philippine Islands from American Samoa; and the Governor of Guam is hereby authorized to issue passport visas and transit certificates to aliens going to the Philippine Islands from Guam.

568700 44 -18

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