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§ 105.1 Alien subject to head tax; collection. There shall be collected on behalf of every alien admitted to the United States, except those classes enumerated in § 105.8, a head tax of $8.* (Sec. 2, 39 Stat. 875; 8 U. S. C. 132)

*88 105.1 to 105.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. O. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

ABBREVIATIONS: The following abbreviations are used in this chapter: Amdt. Amendment.

Circ. Circular 176, Commissioner of Immigration and Naturalization Service. Oct. 4, 1937. Edition.

Ed.
E. O.

Executive Order.

I&NS Immigration and Naturalization Service.

105.2 Collection of head tax after admission. The tax described in section 105.1 shall be collected also from aliens within section 105.3 (c) when their stay is extended beyond 60 days; from aliens within section 105.3 (d) when their stay is extended beyond one year; when required, from aliens within section 110.53 if the Commissioner has directed admission; and when required, from aliens whose records of entry have been authorized to be amended or endorsed to show true status. The head tax shall be collected from aliens within this section in the form of a United States postal money order, payable to the collector of customs having jurisdiction over the place where the alien entered the United States, and shall be deposited with such collector of customs. If the head tax is collected in an immigration district other than the district where the alien entered the United States, the money order shall be forwarded by the officer in charge of the district where the head tax is collected to the officer in charge of the district where the entry of the alien occurred, where it shall be deposited with the appropriate collector of customs; in the cases of aliens within section 110.53, the money order will accompany the documents, record, and report required by that section. If the amount collected from aliens within this section is not received in sufficient time to be entered prior to the closing of the accounts at the port of entry for the month during which the alien actually entered the country, the amount shall nevertheless be deposited with the collector of customs. Collections within

this section shall be reported to the Central Office only by the officer in charge of the district where the alien entered the United States. He shall report such collections only as a part of the statistical section of his annual report as recoveries of head tax, separately as to the number of and amount collected from nonimmigrant aliens and immigrant aliens. The provisions of this section are not to be regarded as applicable to the collection of the fee in the amount of $18 required of certain aliens under the provisions of section 19 (c) of the Immigration Act of February 5, 1917, as amended (Sec. 2, 39 Stat. 875; 39 Stat. 889, 54 Stat. 672, 56 Stat. 1044; 8 U. S. C. 155).

105.3 Aliens not subject to head tax. The head tax shall not be levied upon the following classes of aliens:

(a) Foreign officials. Diplomatic and consular officers and other accredited officials of foreign governments, their suites, families, and guests, for whatsoever purpose they come.

(b) Children. Children under 16 years of age who accompany their father or mother and whose relationship and age are established.

(c) Transits. Aliens in transit through the United States, as defined in § 118.1.

(d) Visitors from nearby countries. Aliens whose legal domicile or bona fide residence was in Canada, Newfoundland, Cuba, or Mexico for at least 1 year immediately preceding entry and who enter the United States for a temporary period in no instance exceeding 1 year; this exemption shall not be lost merely by reason of temporary absences of short duration from such countries.

(e) Residents; passing through contiguous territory. Aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory.

(f) Temporary residents; returning from contiguous territory. Aliens temporarily admitted to the United States who, during the period of temporary admission, go to foreign contiguous territory for temporary visits.

(g) Cruise passengers. Aliens who, starting from a port of the United States, return thereto after a continuous sea trip or cruise without change of vessel.

(h) Commuters. Aliens who, without taking up residence in the United States, habitually cross and recross the land boundaries and who hold a Resident Aliens' Border Crossing Identification Card.

(i) Residents; returning from nearby country. Aliens lawfully admitted and having a bona fide residence in the United States who, without relinquishing such residence, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding 6 months.

(j) Citizens or residents of possessions. Citizens and alien residents of the Virgin Islands of the United States, Puerto Rico, Hawaii, Guam; or citizens of the Philippine Islands not citizens

of the United States admitted to the Territory of Hawaii without an immigration or passport visa in accordance with the provisions of paragraph (1) of section 8 (a) of the Act of March 24, 1934 (48 Stat. 462; 48 U. S. C. 1238).

(k) Nonresident occupational seamen. A nonresident alien whose occupational status as a seaman is established, entering the United States temporarily in pursuit of that occupation, who is a bona fide alien seaman as defined in section 120.2, or who arrives as a passenger or workaway and is admitted solely for the purpose of reshipping foreign.

(1) Returning resident occupational seamen. An alien whose occupational status as a seaman is established and who arrives as a seaman or as a passenger or workaway after a temporary absence abroad solely in pursuit of his calling, if he is found upon arrival to have previously been lawfully admitted to the United States for permanent residence and to be returning to an unrelinquished domicile in the United States.

(m) Military or naval personnel. Members of the armed forces of the United States, or of foreign armed forces cooperating with the United States, including nurses and technicians attached to such armed forces, when entering the United States under official orders.

(n) Students, returning from nearby countries. Aliens admitted to the United States as bona fide students under subdivision (e) of section 4, of the Immigration Act of 1924, who, without relinquishing such status, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding 6 months. (Secs. 2, 3, 39 Stat. 875; 8 U. S. C. 132, 136 (a))

*

105.4 Burden of proof in claims for exemption. The burden of proof shall be upon the alien to establish that he is within the classes exempted by law from the payment of head tax, and in all cases where such fact is not established to the satisfaction of the immigration officer the tax shall be collected and paid on account of such alien in the manner provided in § 105.7.* (Sec. 2, 39 Stat. 875; 8 U. S. C. 132)

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 section 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.' (Sec. 2, 39 Stat. 875; 8 U. S. C. 132)

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 con

* For statutory citation, see note to § 105.1.

signee of the vessel or transportation line responsible under the provisions of section 2 of the Immigration Act of February 5, 1917.* (Sec. 2, 39 Stat. 875; 8 U. S. C. 132)

105.7 Head tax; by and to whom paid. The head tax shall be paid to the collector of customs of the port or customs district to which the alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States, or by the alien himself if he does not come by a vessel, transportation line, or other conveyance or vehicle or when collection from the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance, or vehicle bringing such alien into the United States is impracticable. (Sec. 2, 39 Stat. 875; 8

U.S. C. 132)

*For statutory citation, see note to § 105.1.

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107.1 Classification of passengers. All passengers, arriving in or departing from the United States by water, either directly or through the designated Canadian seaports, and whether aliens or citizens of the United States, shall, for the purposes of section 12 of the Act of February 5, 1917 (39 Stat. 882; 8 U. S. C. 148), be classified on manifests as first cabin, second cabin, tourist third cabin, or third class, according to the class in which they travel. These manifests shall also contain the names of passengers embarking at foreign ports destined to other foreign ports on vessels touching at ports of the United States, and passengers arriving on vessels destined from a foreign port to a United States port where such vessels stop en route at intermediate ports of the United States.* (Sec. 13, 39 Stat. 884; 8 U. S. C. 149)

*88 107.1 to 107.17, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

107.2 Vessels touching at more than one port. Where vessels touch at more than one United States port, passengers will be manifested for the United States port of destination or final United States port of call, and such manifests shall be presented at all intermediate ports in the United States and a notation made in the space following the last numbered column on Forms I-400 and I-430, showing the port or ports at which passengers are granted shore leave. This notation will be simply an abbreviation of the name of the port.* (Sec. 12, 39 Stat. 882; 8 U. S. C. 148)

107.3 Landing at port other than manifested. When any passenger desires regularly to land at any port in the United States other than the one to which he is manifested, his name will be stricken by the ship's officers from the manifest upon which originally recorded and transferred to the manifest intended for the port where he wishes to land. Such change on the manifest will be made only with the prior knowledge of the boarding officer and will be attested by his signature and title placed opposite each entry on the two manifests involved, e. g., opposite the deleted entries he will note: 66 Immigrant In

*For statutory citation, see note to § 107.1.

568700°-4481

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