(b) An alien immigrant child born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States for permanent residence, under such regulations as may be prescribed. e) An alien immigrant who had previously been legally admitted into the United States for permanent residence and who is the bearer of a border identification card issued by the immigration authorities, if specified in regulations issued by the Secretary of State. (d) An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed temporarily from the United States and returned within six months, having proceeded only to such countries, islands, and territories of the Western Hemisphere as may be specified in regulations issued by the Secretary of State. (e) An alien immigrant who has previously been legally admitted into the United States for permanent residence, reentering from a journey beginning in an American port, without transshipment from the original vessel to another vessel. (f) An alien immigrant who has previously been legally adinitted into the United States for permanent residence, has departed therefrom and has returned from a temporary visit abroad, and who presents an unexpired permit to reenter, issued pursuant to section 10 of the Immigration Act of 1924. 2. An immigrant Spanish national who on April 11, 1899 (whether adult or minor), was a bona fide resident of Puerto Rico or adjacent islands which comprised the Province of Puerto Rico, and who, in conformity with Article IX of the treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico. Such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except section 23. (Act of May 26, 1926, ch. 400, 44 Stat. 657.) 3. In such classes of cases and under such conditions as may by regulations be prescribed, the immigration visa requirements may be waived, under section 13 (b) of the Immigration Act of 1924, and the passport requirements may also be waived, for an alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom, and is returning from a temporary visit abroad. 4. In such classes of cases and under such conditions as may by regulations be prescribed by the Secretary of State, the passport requirements may be waived for any immigrant. PART III The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, limited entry certificates, and immigration visas to aliens coming to the United States from the Canal Zone. The Governor of American Samoa is hereby authorized to issue passport visas, transit certificates, limited entry certificates, and immigration visas to aliens coming to the United States from American Samoa. The Governor of Guam is hereby authorized to issue passport visas, transit certificates, 5687004414 limited entry certificates, and immigration visas to aliens coming to the United States from Guam. PART IV The documentary requirements for aliens applying for admission into American possessions outside the United States are to be prescribed by the competent authorities in such possessions, except in the case of the Philippine Islands, which are covered by separate executive order. PART V The definitions contained in section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as otherwise specified herein. PART VI The Secretary of State and the department head charged with the administration of the immigration laws 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. PART VII This order shall take effect immediately and shall supersede and cancel the provisions of Executive Order No. 8029 of December 27, 1938, entitled "Documents Required of Aliens Entering the United States" [p. 258], 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], or Executive Order No. 7797, of January 26, 1938, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States" [p. 253].28 DOCUMENTS REQUIRED OF ALIENS ENTERING THE [Executive Order No. 8766 of June 3, 1941] By virtue of and pursuant to the authority vested in me by the act of May 22, 1918 (40 Stat. 559), as extended by the act of March 2, 1921 (41 Stat. 1205, 1217), and by section 1752 of the Revised Statutes of the United States, and in connection with the Alien Registration Act, 1940, approved June 28, 1940 (54 Stat. 670), I hereby prescribe the following regulations pertaining to documents required of aliens entering the United States (which regulations shall be applicable to Chinese and to Philippine citizens who are not citizens of the United States, except as may be otherwise provided by special laws and regulations governing the entry of such persons): Executive Order No. 8430, of June 5, 1940, has been superseded by Executive Order No. 8766 of June 8, 1941 (8 F. R. 2741). However, Executive Order No. 8430 may have effect in deportation cases of aliens who did not have the documents required by this Executive Order at the time of their arrival. See Executive Order No. 8766 (June 3, 1941), p. 266, and Presidential Proclamation 2523 (Nov. 14, 1941), p. 269, for documentary requirements for the period subsequent to June 5, 1940. Par. 6, part I, of Executive Order 8766, June 3, 1941, has been superseded by Presidential Proclamation No. 2523 (Nov. 14, 1941), p. 269. PART I 1. Nonimmigrants 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, as prescribed in regulations issued by the Secretary of State, and valid passport or other nonimmigrant visas. 2. A nonimmigrant alien who is passing in transit through the United States may present a transit certificate granted by an authorized officer of the United States. 8. A nonimmigrant alien who enters the United States for a period not exceeding ten days, landing temporarily while the vessel on which he is a passenger is in port, or crossing the border, entering and departing via the same port of entry, may present a limited entry certificate granted by an authorized officer of the United States. 4. A nonimmigrant alien who is a citizen of Canada, Newfoundland, or Mexico, or who is a British subject domiciled in Canada or Newfoundland, may present a nonresident alien's border crossing identification card issued by an authorized officer of the United States, if he is entering the United States for a period of less than thirty days. 5. The Secretary of State is authorized to define cases of emergency in which the passport and visa requirements may be waived for a nonimmigrant alien. 6. No passport visa, transit certificate, limited entry certificate, or nonresident alien's border-crossing identification card shall be granted to an alien whose entry would be contrary to the public safety nor to an alien who is unable to establish a legitimate purpose or reasonable need for the proposed entry. PART II 1. Immigrants 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 immigration visas granted by the consular officers of the United States in accordance with the requirements of the Immigration Act of 1924 and the regulations issued thereunder. 2. An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom and has returned from a temporary visit abroad, may present, in lieu of an immigration visa, an unexpired permit to reenter, issued pursuant to section 10 of the Immigration Act of 1924. The bearer of such a permit to reenter is not required to present a passport. 8. An alien immigrant who has previously been legally admitted into the United States for permanent residence and who has frequent occasion to cross the land borders of the United States may present, in lieu of an immigration visa or a permit to reenter, a resident alien's border-crossing identification card. The bearer of such a border-crossing identification card is not required to present a passport. 4. An immigrant Spanish national who on April 11, 1899 (whether adult or minor) was a bona fide resident of Puerto Rico or adjacent islands which comprised the Province of Puerto Rico, and who, in accordance with Article IX of the treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico. Such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except section 23. (Act of May 26, 1926, ch. 400, 44 Stat. 657). 5. The Secretary of State is authorized to define cases of emergency in which the passport and immigration visa requirements may be waived for an immigrant alien. PART III The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, limited entry certificates, and immigration visas to aliens coming to the United States from the Canal Zone. The Governor of American Samoa is hereby authorized to issue passport visas, transit certificates, limited entry certificates, and immigration visas to aliens coming to the United States from American Samoa. The Governor of Guam is hereby authorized to issue passport visas, transit certificates, limited entry certificates, and immigration visas to aliens coming to the United States from Guam. PART IV The documentary requirements for aliens applying for admission into American possessions outside the United States are to be prescribed by the competent authorities in such possessions. PART V The definitions contained in section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as otherwise specified herein. PART VI The Secretary of State and the Attorney General 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. PART VII This order shall take effect immediately and shall supersede and cancel the provisions of Executive Order No. 8430 of June 5, 1940 [p. 263], entitled "Documents Required of Aliens Entering the United States" but, shall not supersede Executive Order No. 4049 of July 14, 1924 [p. 230], entitled "Documents Required of Aliens Entering the United States on Airships," or Executive Order No. 8429 of June 5, 1940 [p. 262], entitled "Documents Required of Bona Fide Alien Seamen Entering the United States." CONTROL OF PERSONS ENTERING AND LEAVING THE [Presidential Proclamation No. 2528 of November 14, 1941] WHEREAS the act of Congress approved on May 22, 1918 (40 Stat. 559), as amended by the Act of Congress approved on June 21, 1941 (Public Law 114, 77th Cong.; chap. 210, 1st sess.; 55 Stat. 252), vests authority in me to impose restrictions and prohibitions in addition to those otherwise provided by law upon the departure of persons from and their entry into the United States when the United States is at war, or during the existence of the national emergency proclaimed by the President on May 27, 1941, or, as to aliens, whenever there exists a state of war between or among two or more states, and when I find that the interests of the United States so require; and WHEREAS the national emergency proclaimed by me on May 27, 1941, is still existing; and WHEREAS there unhappily exists a state of war between or among two or more states and open hostilities engage a large part of the Eastern Hemisphere; and WHEREAS the exigencies of the present international situation and of the national defense require that restrictions and prohibitions, in addition to those otherwise provided by law, be imposed upon the departure of persons from and their entry into the United States, including the Panama Canal Zone, the Commonwealth of the Philippines, and all territory and waters, continental or insular, subject to the jurisdiction of the United States: Now, THEREFORE, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority vested in me as set forth above, do hereby find and publicly proclaim and declare that the interests of the United States require that restrictions and prohibitions, in addition to those otherwise provided by law, shall be imposed upon the departure of persons from and their entry into the United States, including the Panama Canal Zone, the Commonwealth of the Philippines, and all territory and waters, continental or insular, subject to the jurisdiction of the United States; and I make the following rules, regulations, and orders which shall remain in force and effect until otherwise ordered by me: (1) After the effective date of the rules and regulations hereinafter authorized, no citizen of the United States or person who owes allegiance to the United States shall depart from or enter, or attempt to depart from or enter, the United States, including the Panama Canal Zone, the Commonwealth of the Philippines, and all territory and waters, continental or insular, subject to the jurisdiction of the United States, unless he bears a valid passport issued by the Secretary of State or, under his authority, by a diplomatic or consular officer of the United States, or the United States High Commissioner to the Philippine Islands, or the chief executive of Hawaii, of Puerto Rico, of the Virgin Islands, of American Samoa, or of Guam, or unless he comes within the provisions of such exceptions or fulfills such conditions as may be prescribed in rules and regulations which the Secretary of State is hereby authorized to prescribe in execution of the rules, regulations, and orders herein |