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States the immigration visa shall be retained at the port of arrival until the deportation or return of the alien actually takes place, whereupon the visa shall be forwarded forth with to the Central Office with an indorsement in the space designated “Record on appeal” showing that alien was rejected and returned, the date of such return, and signed by the proper immigration official.* (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202 (e))

110.17 Permits to reenter; disposition. When an immigrant possessed of an unexpired permit to reenter the United States duly issued in accordance with the provisions of section 10 of the Immigration Act of 1924 (43 Stat. 158; 8 U. S. C. 210), is finally admitted or excluded from admission, such permit properly endorsed and signed as required in g 110.14, and showing final action of admission or exclusion, shall be transmitted forth with to the Commissioner of Immigration and Naturalization: Provided, That where final action results in the exclusion of the alien, such permit shall be retained at the port of arrival until the deportation or return of the alien, whereupon the permit shall be forwarded forthwith to the Commissioner of Immigration and Naturalization, endorsed and signed as herein required, and showing the date of alien's return: Provided, That return permits surrendered at subports shall be forwarded direct to the Commissioner of Immigration and Naturalization.* (Sec. 10 (), 43 Stat. 158; 8 U. S. C. 210 (e)

110.18 Visas and reentry permits; surrender subsequent to entry. Where an alien has been lawfully admitted but failed to surrender his immigration visa or his reentry permit at the time of such admission, such documents subsequently coming into the possession of immigration officers will be forwarded to the port where entry occurred for proper disposition.* (Sec. 2 (e), 43 Stat. 153; 8 U.S. C. 202 (e))

110.19 Permit to reenter; notation on passport when alien admitted. When an alien admitted on a reentry permit is in possession of a passport, the passport will be stamped and signed by the admitting officer to show the place and date of admission and the number of the reentry permit.*

110.20 Immigrant aliens liable to be excluded as public charges; admission under bond exacted at ports. The immigration officer conducting the primary inspection in the case of an alien who is applying for admission to the United States for permanent residence and who is liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis in any form or a loathsome or dangerous disease shall refer the question of admission to the officer in charge of the port and that official may in his discretion admit the alien on primary inspection, if otherwise admissible, upon the furnishing of a bond in the penal sum of not less than $500, conditioned as authorized by section 21 of the Immigration Act of 1917 (39 Stat. 891; 8 U. S. C. 158); or in lieu of such bond, upon the depositing of cash or a postal money order in the sum of not less than $500 for the same purposes and subject to the same conditions as the bond. If the officer in charge of the port does not so admit the alien, the question of admission shall be referred to a board of

*For statutory citation, see note to 8 110.1,

special inquiry and such board may in its discretion admit the alien, if otherwise admissible, upon the furnishing of the bond or the depositing of the cash or the postal money order, which are described in the preceding sentence. If the alien is excluded by the board of special inquiry, an appeal may be made as prescribed in $ 130,6 and Part 136 of this chapter. The admission of an alien under bond exacted by the officer in charge of a port or by a board of special inquiry shall be reported at once to the Central Office on Form I-204. (Sec. 21, 39 Stat. 891; 8 U.S. C. 158)

110.21 Immigrant bonds; approval, cancellation, and violation. All bonds, including agreements covering deposits of cash or postal money orders, given as a condition of the admission of an alien under section 21 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S. C. 158) shall be executed on Form 554 entitled "Bond That Alien Shall Not Become a Public Charge." The officers in charge of the several ports or districts are authorized, either directly or through officers or employees designated by them, to approve bond Forms 554; to approve any power of attorney or assignment a surety executes authorizing the delivery to some other person or concern of United States bonds or notes deposited as collateral security with such bonds after the collateral security is released; and to approve any power of attorney or assignment a depositor executes authorizing the delivery to some other person or concern of deposits in the United States Postal Savings Bank after the deposit is released. Bond Forms 554 shall be retained at the respective ports or districts. In the event of the permanent departure from the United States, the naturalization, or the death of the alien admitted under such bond, bond Form 554 may be canceled by any officer or employee mentioned in this section. Notice of such cancellation shall be forwarded to the Central Office. If proofs are submitted that the alien is no longer likely to become a public charge or is no longer afflicted with a physical disability, or if the conditions of the bond are violated, such bond with its appurtenant documents shall be forwarded to the Central Office with an appropriate recommendation. (Sec. 21, 39 Stat. 891; 8 U.S. C. 158)

110.27 Definitions of "status" in relation to nonimmigrants and students. The term "status" as used in the Immigration Act of 1924 means the condition of carrying on one of the particular limited activities for which an alien may be admitted under a subdivision of section 3 of that Act (43 Stat. 154, 47 Stat. 607; 8 U. S. C. 203) or under subdivision (e) of section 4 (43 Stat. 155; 8 U. S. C. 204 (e)). When applied to an alien, the term "official status” means that he is admissible under section 3 (1) and is a government official, or a member of the family, attendant, servant, or employee of a government official whom he accompanies or follows to join; the term “visitor's status” means that he is admissible under section 3 (2) and is an alien visiting the United States temporarily as a tourist or temporarily, for business or pleasure; and the term “trader's status' means that he is admissible under section 8. (6) and is an alien entitled to enter and to remain in 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, or the wife, or unmarried child under 21 years of age of a person so entitled whom he accompanies, or follows to join.

110.28 Officials, visitors, traders; determination of admissibility. When an alien claims to have an official status, or a visitor's status, or a trader's status, and is otherwise admissible, an examining officer may temporarily admit him if satisfied beyond a doubt that the alien has the specific status claimed. If the officer is not so satisfied, such alien shall be held for examination regarding his status by a board of special inquiry or, at ports where there are no permanent boards of special inquiry, by the officer in charge at such port. Either of these authorities may temporarily admit him if satisfied that the alien has the specific status claimed.* (Sec. 25, 43 Stat. 166, secs. 16, 17, 39 Stat. 885, 887; 8 U.S. C. 223, 152, 153)

110.29 Officials, visitors, traders; period and conditions of admission. The admission of the aliens described in § 110.28 by an examining officer, by a board of special inquiry, or by an officer in charge at a port shall be for a reasonable fixed period not exceeding one year, and on condition that the alien shall maintain during his temporary stay in the United States the specific status claimed, and shall voluntarily depart therefrom at the expiration of the time fixed or upon failure to maintain the specific status under which admitted. If the question of admission is referred to either a board of special inquiry or the officer in charge of a port, that authority may exact, as a condition of admission, a bond in the sum of $500 with appropriate provisions to insure that the alien will voluntarily depart from the United States at the expiration of the time fixed or upon his failure to maintain the specific status claimed, whichever shall happen sooner. Exceptions to this section are as follows:

(a) Officials. A government official and his family shall be admitted without limitation of time and shall not be required to maintain their specific status or to give bond;

(b) Traders. An alien having a trader's status shall be admitted without limitation of time;

(c) Trader, minor child of. An alien who has been admitted as the unmarried minor child of a treaty trader shall be regarded as having maintained his specific status so long as his parent maintains his trader's status;

(d) Visitors; readmission from contiguous territory. If an alien who claimed a visitor's status and who was admitted without exaction of a bond, subsequently departs to foreign contiguqus territory for a temporary visit and returns to the United States, such departure shall not be considered as affecting the period for which he was originally admitted, and upon his return he shall be entitled to readmission, if no cause for exclusion is found.* (Sec. 15, 43 Stat. 162, 47 Stat. 524; 8 U. S. C. 215)

For statutory citation, see note to $ 110.1.

110.30 Visitors and traders; notation to be made on passports. Passports presented by aliens who are admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203) shall be rubber-stamped with stamps furnished by the Central Office and signed by the admitting officer to indicate the particular status of the alien's admission and the port and date of admission and the time for which admitted. In cases coming under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S. C. 203), the same procedure shall be followed except that instead of noting the specific period of time for which admission is granted, the words “duration of existing status” shall be entered. Where bond is required as a condition of admission of an alien visitor and the alien is in possession of a passport, notation that bond was exacted will be made on the passport. The entries here required shall be made by the use of indelible pencil. Where the period of temporary admission of aliens admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 203) is granted, no notation of the extension need be made on the passport. However, a letter should be directed to the alien informing him of the exact date to which temporary admission was extended and advising him to keep the letter with his passport and to present both to any immigration officer upon request therefor.*

15:3:14:1 110.31 Officials, traders, visitors; change of status, conditions. After an alien has gained admission by claiming a visitor's status, a trader's status or (except in the case of a government official or his family) an official status, or by meeting the requirements of section 4 (e), Immigration Act of 1924 (43 Stat. 155; 8 U.S. C. 204 (e)), he cannot change from the specific status under which he was admitted, unless, because of the peculiar circumstances of his case, the Attorney General authorizes such change. In meritorious cases where the Attorney General does authorize such change, he may (except in the case of an alien becoming a government official or a member of the family of such an official) exact, as a condition of the change, a bond in such sum and with such provisions as he deems appropriate to insure that the alien shall voluntarily depart from the United States at the expiration of a time fixed by the Attorney General or upon his failure to maintain the specific new status acquired, whichever shall happen sooner. (Sec. 3, 43 Stat. 154, 47 Stat. 607; 8 U.S. C. 203)

110.33 Nonimmigrant bonds; aprpoval and cancelation. The officers in charge of the several ports or districts are authorized either directly or through officers or employees designated by them to approve nonimmigrant bond Forms I-336, I-337, and 1-338, formal agreements by which a surety consents to an extension of his liability on such bonds, or any power of attorney or assignment a surety executes authorizing the delivery to some other person or concern of United States bonds and/or notes deposited as collateral security with such immigration bonds after the collateral security is released. Bond Forms I-336, I-337, and I-338 and agreements of extension shall be retained at the ports or districts until the conditions thereof have been fulfilled, when they may be canceled by any officer or employee mentioned in this section. If the conditions are violated, the bond and the extension agreements, if any, should be forwarded to the Central Office with an appropriate recommendation.* (47 Stat. 524; 8 U. S. C. 215)

* For statutory citation, see note to $ 110.1.

110.34 Traders not contract laborers. An alien who has a trader's status shall not be subject to the contract labor provisions of section 3 of the Immigration Act of 1917.* (Sec. 3, 39 Stat. 875, sec. 3, 43 Stat. 154, 47 Stat. 607; 8 U. S. C. 136 (h), 203)

110.35 Definition of Chinese persons; entry of such persons who were born in the barred zone. The term “Chinese persons" as used in section 2 of the Act of December 17, 1943 means persons who are of as much as one-half Chinese blood and are not of as much as one-half blood of a race or races ineligible to citizenship. The rights of such Chinese persons under the provisions of that Act not be regarded as impaired by those provisions of section 3 of the Immigration Act of February 5, 1917, as amended (39 Stat. 875; 8 U. S. C. 136 (n)), relating to the exclusion of natives of the geographical zone described in said section 3.* (Secs. 2, 3, Act of December 17, 1943, 57 Stat. 600.)

110.36 Nonquota status; by relationship to citizen or by former citizenship. (a) An unmarried child under 21 years of age, or the wife of a citizen of the United States, or the husband of a citizen of the United States by marriage occurring prior to July 1, 1932, shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer, designating the holder as such, and then only when the facts necessary to determine the particular status as a nonquota immigrant are established to the satisfaction of the examining immigration officer. The alien will be excluded if subsequent to issuance of the visa the alien has obtained a divorce from the citizen petitioner; or, if subsequently widowed, has remarried; or, if beneficiary is a child, has subsequently married. A person who is racially ineligible to citizenship or is a Chinese person as defined in 8 110.35 of this part shall not be regarded as having a nonquota status solely because he bears one of the relationships to a citizen of the United States described in this paragraph.

(b) A woman, regardless of her race, who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country, and who has acquired no other nationality by affirmative act other than by such marriage, shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only when the facts necessary to determine the particular status as a nonquota immigrant are established to the satisfaction of the examining immigration officer.

*For statutory citation, see note to 8110.1.

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