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(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. 817 (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 8 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. O. 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 Ù. S. C. 204 (b), (c), 221)

CROSS REFERENCE: 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 a nonquota 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 immigrant and shall establish to the satisfaction of the examining immigration official (1) that the claimed relationship actually exists; (2) that the child or children are under 18 years of age; (3) that such husband or parent was born in one of such countries; and (4) that such husband or parent has been lawfully admitted to the United States for permanent residence and resides therein.

*For statutory citation, see note to 8 110.1.

(c) An alien who is ineligible to citizenship or is a Chinese person as defined in 8 110.35 of this part, shall not be regarded as having the nonquota status described in paragraphs (a) or (b) of this section.* (Secs. 4 (c), 12 (a), 23, 43 Stat. 155, 160, 165; 8 U.S. C. 204 (c), 212 (a), 221; sec. 2, 57 Stat. 600)

110.40 Nonquota status; ministers and professors; students. (a) An alien, regardless of his race, who claims a nonquota status because for at least two years immediately preceding the time of his application for admission to the United States he has continuously been, and seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination or professor of a college, academy, seminary, or university 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 officer that he has been, and seeks to enter the United States solely for the purpose of, so carrying on his vocation. When an alleged wife, or an unmarried child or children under 18 years of age accompany such an alien or follow to join him and seek admission as nonquota immigrants on the ground that the husband or parent is or was a nonquota immigrant as described in this section, 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 on such ground and satisfactory proof shall be required of the relationship asserted and the age of the child or children.

(b) An alien, regardless of his race, claiming to be a nonquota immigrant on the ground that he is a student as defined in 8 125.1 of this chapter 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 his status as a student are established to the satisfaction of the examining immigration officer.* (Secs. 4 (d), 4 (e), 23, 43 Stat. 155, 44 Stat. 812, 45 Stat. 1009, 43 Stat. 165;

8 U. S. C. 204 (d), 204 (e), 221; sec. 2, 57 Stat. 600) · 110.41 Nonquota status; failure to prove on primary inspection. Where an immigrant claiming a nonquota status fails to meet the requirements of $8 110.36, 110.37, 110.39, 110,40, he shall be held for examination in relation thereto by a board of special inquiry.* (Sec. 16, 39 Stat. 885, sec. 23, 43 Stat. 165; 8 Ú. S. C. 152, 221)

110.42 Financial status. In the absence of a statutory provisign, no hard and fast rule can be laid down as to the amount of money an alien should have. This is only one element to be considered in each case, but generally he should have enough to provide for his reasonable wants and those of accompanying persons dependent upon him until such time as he is likely to find employment; and when bound for an interior point, railroad ticket or funds with which to purchase the same. (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (i))

*For statutory citation, see note to $ 110.1.

110.43 Reading test; aliens subject thereto. All aliens over 16 years of age who are physically capable of reading except as specified in the statute and described in § 110.47, shall be required to demonstrate their ability to read matter printed in plainly legible type and in a language or dialect designated by the alien at the time of examination.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (0))

110,44 Reading test; general method of application. When applying the reading test immigration officers shall use the printed and numbered test slips supplied by the Central Office for that purpose, and a record shall be made upon the manifest or board minutes showing both the class and serial numbers of the slip used in each case and the language or dialect designated by the applicant and actually used in the examination. No two aliens listed upon the same manifest sheet shall be examined at seaports by the use of the same slip. If the examining inspector is unable to speak and understand the language or dialect in which the alien is examined, the services of an interpreter shall be used for interpreting into spoken English the printed matter as read by the alien, so that the examining inspector may compare such interpretation with the slip of corresponding serial number containing the English translation of the same reading matter." (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (o))

110.45 Reading test; exceptional method of application. In all cases in which, because of lack of the qualified interpreters necessary for the observance of the general method prescribed in 8 110.44, or for any other reason it is impracticable to adopt said general method, immigration officers may employ such other means as will clearly demonstrate the alien's ability, or lack of ability, to read.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (o))

110.46 Reading test; failure to read; procedure. In the event the applicant is subject to the reading test and is unable to satisfy the examining or challenging inspectors of his ability to read matter printed in the designated language or dialect, it shall be the duty of either the examining or the challenging inspectors to detain the applicant for special inquiry and to record upon the manifest and detention cards for the information of the board the class and serial numbers of the slip used or other means employed in the primary examinations to determine ability to read. (Secs. 3, 16, 39 Stat. 875, 885; 8 U. S. C. 136 (o), 152)

110.47 Exemptions from reading test. The following classes of aliens over 16 years of age are exempted by law from the reading test; viz:

(a) Physically incapable. Persons who are physically incapable of reading.

*For statutory citation, see note to $ 110.1.

(b) Relationship. Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted aliens, when such persons are sent for or brought in by such citizens, admissible aliens, or admitted aliens: Father, if over 55 years of age; grandfather, if over 55 years of age; wife; mother; grandmother; unmarried daughter, or widowed daughter.

(c) Religious persecution. Persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence.

(d) Returning residents. Persons who have been lawfully admitted to the United States and who have resided therein continuously for five years and who have returned to the United States within six months from the date of their departure therefrom.

(e) Transits. Persons in transit through the United States.

(f) Transits through contiguous territory, Persons who have been lawfully admitted to the United States and who later go in transit from one part of the United States to another through foreign contiguous territory. The period an alien may remain in foreign contiguous territory while in transit under this exemption shall be limited to 60 days. An alien may leave and enter the United States at the same port and still be in transit within the meaning hereof.

(g) Exhibitors. Exhibitors and employees affairs and expositions authorized by Congress.* (Sec. 3, 39 Stat. 875; 8 U.S. ©. ))

110.48 Unaccompanied children; admission. Children under 16 years of age unaccompanied by or not coming to one or both of their parents may be admitted on primary examination when the immigration officer is satisfied that they are in good mental and physical condition, that while abroad they have not been the objects of public charity, that they are going to near relatives who are able and willing to support and properly care for them, that it is the intention of such relatives to send such children to day school until they reach the age of 16, and that they will not be put at work unsuited to their years; or that the children are to attend a designated reputable institution of learning for which suitable provision has been made in advance, or that the children are merely in transit and the person accompanying such children will convey them through and out of the United States, or that the children are to make a temporary visit to their relatives.* (Sec. 3, 39 Stat. 875; 8 U.S. C. 136 (m)

110.49 Unaccompanied children; exceptional cases. “' In cases where all of the conditions set forth in g 110.48 are not met, but the immigration officer on primary examination is satisfied that the applicant is admissible, the case may be referred to the officer in charge and if he likewise is satisfied of the applicant's admissibility the case may be disposed of on primary examination otherwise it shall be referred to a board of special inquiry. (Sec. 8, 16, 39 Stat. 875, 885; 8 U. S. C. 136 (m), 152)

.

*For statutory citation, see note to 8 110.1.

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