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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 8 110.28 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

a 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, read mission 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 contiguous 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. 624; 8 U.S. C. 215)

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* 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. 164; 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. 154; 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.

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, 1-337, and I-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, 1-337, 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.

(c) A person, regardless of his race, who was a citizen of the United States and also a national of a foreign state, and who lost his citizenship of the United States under the provisions of section 401 (c) of the Nationality Act of 1940 (54 Stat. 1169; 8 U. S. C. 801), and who claims that he is entering the United States for the purpose of recovering his citizenship, 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 if the facts necessary to determine the particular status are established to the satisfaction of the examining immigration officer.* (Secs. 4 (a), 4 (f), 9 (f), 23, 43 Stat. 155, 157, 165, 45 Stat. 1009, 46 Stat. 854, 47 Stat. 656, 50 Stat. 164; 8 U.S. C. 204 (a), 204 (f), 209 (f), 221; sec. 317 (c), 54 Stat. 1147; 8 U. S. C. 717; sec. 2, 57 Stat. 600)

110.37 Nonquota status on basis of former residence. (a) An alien, regardless of his race, claiming to be a nonquota immigrant on the ground that he has previously been lawfully admitted to the United States and is returning from a temporary visit abroad shall not be admitted as such unless at the time of arrival he shall establish that he has previously been lawfully admitted for permanent residence, is returning from a temporary visit abroad, and presents such valid documents as may be necessary under the terms of an outstanding Executive Order or Orders prescribing documents required of aliens entering the United States, or a waiver of such documents has been granted by the Secretary of State under the circumstances present in his case.

(b) The following described aliens who on admission expressed an intention of remaining but temporarily in or passing in transit through the United States, of whose admission a record exists, and in whose cases a head tax was assessed, if assessable, and not refunded, but who remained in the United States, may be regarded as having been admitted for permanent residence:

(1) Aliens admitted prior to June 3, 1921, except that aliens of these classes admitted temporarily under the 9th proviso to section 3 of the Immigration Act of 1917, will not be regarded as having been admitted for permanent residence;

(2) Aliens admitted under the Act of May 19, 1921, as amended, who were of a class admissible for permanent residence under that act notwithstanding the quota limitations of that act;

(3) An accompanying wife or unmarried child under 21 years of age of an alien admitted under the Act of May 19, 1921, as amended, who was of a class admissible for permanent residence under that act notwithstanding the quota limitations of the act; and

(4) Aliens charged under such law to the proper quota at time of admission or subsequently and who remained so charged.* (Secs. 4 (b), 13(b), 23, 43 Stat. 155, 161, 165; 8 U. S. C. 204 (b), 213 (b), 221; E. 0. 8766, June 3, 1941, 6 F. R. 2741; sec. 2, 57 Stat. 600)

Cross REFERENCE: For reentry of nonquota immigrant student without visa, see 22 CFR 61.6.

110.38 Lawful admission; when presumed. Citizens of Canada or Newfoundland who entered the United States across

*For statutory citation, see note to $110.1.

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the Canadian border at a designated port of entry prior to October 1, 1906, and citizens of Mexico who so entered across the Mexican border prior to July 1, 1908, shall, for reentry purposes, be presumed to have been lawfully admitted, even though no record of their original entry can be found. Aliens who entered the Virgin Islands of the United States prior to July 1, 1938, shall, for purposes of reentry at any port of entry, be presumed to have been lawfully admitted for permanent residence even though no record of their original entry can be found or even though a record of their admission as nonimmigrants is found. Any alien within the terms of this section shall upon application for readmission to the United States be inspected and be subject to the requirements of the immigration laws and regulations the same as if the original presumed lawful entry was by recorded admission for permanent residence; and if no record exists of a reentry since such presumed lawful entry, the alien shall be regularly manifested for the purpose of recording the application for readmission. Nothing in this section shall be deemed to preclude an alien qualified to do so from applying for registry under section 328 (b) of the Act of October 14, 1940 (54 Stat. 1152; 8 U. S. C. 728b).*' (Secs. 4, 23, 43 Stat. 155, 165; 8 U.S.C. 204 (b), (c), 221)

CROSS RĘFERENCE: For issuance of certificate of arrival based on recorded reentry of alien presumed lawfully admitted, see 8 CFR 168.10.)

110.39 Nonquota status; by country of birth or by relationship to certain nonquota immigrants. (a) An alien claiming a nonquota status because of birth in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America 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 it shall be established to the satisfaction of the examining immigration official that he was born in one of the countries named or referred to in this paragraph. When such alien is accompanied by an alleged wife, or an unmarried child or children under 18 years of age, born elsewhere than in one of such countries, who seek admission as nonquota immigrants on the ground that the husband or parent was born in one of such countries, these claimed members of the family must also present immigration visas duly issued by an American consular officer, designating the wife or child or children as nonquota immigrants and satisfactory proof shall be required of the relationship asserted and the age of the child or children.

(b) When a wife, or child under 18 years of age, born elsewhere than in one of the countries named or referred to in paragraph (a) of this section, seeks to enter the United States as quota immigrant because coming to join a husband or parent alleged to have been born in one of such countries, such wife or child must present an immigration visa duly issued by an American consular officer, designating the holder as a nonquota immi

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*For statutory citation, see note to 8 110.1.

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