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Part 112-ADMISSION OF HOLDERS OF CERTIFICATES OF IDENTITY TO PROSECUTE AN ACTION UNDER SECTION 503 OF THE NATIONALITY ACT OF 1940
Sec. 112.1 Ports of entry upon certificate 112.4 When deportation proceedof identity.
ings shall be instituted. 112.2 Entry upon certificate of iden- 112.5 Transportation of holder of tity; conditions.
certificate of Identity. 112.3 Certificate of identity ob
tained by fraud or other
Illegality § 112.1 Ports of entry upon certificate of identity. The admission to the United States of a person on the basis of a certificate of identity issued under section 503 of the Nationality Act of 1940 (54 Stat. 1171, 1172; 8 U. S. C. 903) may be granted only at a port designated in § 110.1 or $110.3 of this title as a port of entry for aliens.* (Sec. 7, 25 Stat. 477; 8 U. S. C. 277)
*88.112.1 to 112.5, inclusive, issued under the authority contained in sec. 23, 39 Stat. 392, sec. 24, 43 Stat. 166; 8 U. 8. C. 102, 222; sec. 1, Reorg. Plan No. V, 5 F. R. 2223; 8 CFR 90.1. Statutes interpreted or applied are listed in parentheses at the end of specific sections.
112.2 Entry upon certificate of identity; conditions. The holder of such a certificate of identity shall be regarded as an alien until otherwise finally held by the court in the action for a judgment declaring him to be a national of the United States. He shall be admitted to the United States as a temporary visitor for business on the condition, including, when deemed necessary, the giving of a bond with sufficient surety, that he shall depart from the United States if it is discovered that he has obtained admission by fraud or other illegality or if the final action in court to determine his nationality is not to the effect that he is a national of the United States. In addition, if such person is found to be afflicted with a loathsome or dangerous contagious disease or to have had one or more attacks of insanity or to be likely to become a public charge in the United States or to belong to one or more of the classes excluded from admission to the United States by the act approved October 16, 1918, as amended, or to be of a race that renders an individual ineligible to naturalization, his admission shall, unless the Attorney General on appeal from a decision of the board of special inquiry otherwise directs, be upon such further conditions as may be prescribed by the immigration authorities of the United States. The conditions shall be such as may be deemed necessary to safeguard the public and to require periodic reports by the person of his whereabouts to the immigration authorities of the United States, so that departure or deportation therefrom may be effected in the event it is discovered that he obtained admission by fraud or other
illegality or if the final outcome of his action in court to determine his nationality is not to the effect that he is a national of the United States and if he then fails to depart without delay from the United States in accordance with directions from the immigration authorities. At the time of admission the certif. icate of identity shall be endorsed by the immigration officer to show the manner of arrival and the place and date of admission. The indorsement shall be signed by the officer making it and he shall add thereto the title of his office. A person admitted on a certificate of identity shall be informed at the time of admission that, until he departs from the United States or there is a de cision of the court that he is a national of the United States, he is required by law to notify the Commissioner of Immigration and Naturalization, Washington, D. C., in writing of his address at the expiration of each three months' period of residence in the United States. Also, at the time of such admission, a report of the name of such person and the date and port of his admission shall be made by the immigration office at once to the United States Attorney for the judicial district in which the action by the person is pending for a judgment declaring that he is a national of the United States. If the final decision in such action in court be that he is a national of the United States, a record to that effect shall be made by the immigration authorities at the port of admission.* (Secs. 3, 15, 16, 17, 39 Stat. 875, 885, 887, sec. 1, 40 Stat, 1012, sec. 1, 41 Stat. 1008, sec. 23, 54 Stat. 673, secs. 3 (2), 13 (c), 14, 15, 25, 28, 43 Stat. 154, 161, 162, 166, 168, secs. 31 (a), 35, 54 Stat. 673, 675; 8 U. S. C. 136, 137, 151, 152, 153, 203 (2), 213 (c), 214, 215, 223, 224, 456)
112.3' Certificate of identity obtained by fraud or other illegality. Whenever there is evidence before the immigration authorities indicating that a certificate of identity was obtained or issued through fraud or other illegality or that it is in the possession of a person other than the rightful holder, the certif. icate shall not entitle the holder to be admitted to the United States unless satisfactory evidence is presented showing that such is not the case. Whenever a certificate of identity is found by an immigration officer of the United States to have been obtained by fraud or other illegality or to be in the possession of a person other than the rightful holder, such officer shall, if practicable, obtain possession of the certificate and send it, together with a report on the matter, through the Central Office, Immigration and Naturalization Service, Washington, D. C., to the Department of State.*
112.4 When deportation proceedings shall be instituted. Steps for the institution of deportation proceedings against a person admitted on the basis of a certificate of identity shall be taken by the Immigration and Naturalization Service in accordance with the applicable sections of Part 150 of this title if found to have obtained admission to the United States unlawfully or if he fails to comply with the conditions under which admitted to the United States.
· For regulations in regard to notification of address, see 8 CFR 170.7. *For statutory citation, see note to 8 112.1.
112.5 Transportation of holder of certificate of identity. The transportation of the holder of a certificate of identity to the United States shall be subject to the same liabilities and penalties under the immigration laws as the bringing of any alien to the United States except liability to any fine or penalty under the immigration laws because of a mental defect other than such defects specifically named in section 9 of the Immigration Act of 1917, as amended (39 Stat. 880, 43 Stat. 166; 8 U. S. C. 145), or a physical defect of a nature which may affect ability to earn a living, as contemplated in section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U. S. C. 136) or because of excludibility under that section as a native of that portion of the continent of Asia and the islands adjacent thereto described in that section, or because of inability to read.*
CROSS REFERENCE: For procedure in cases of other mental or physical affliction, see 8 CFR 132.3.
* For statutory citation, see note to § 112.1.
Part 114-INSPECTION OF CITIZENS AND ALIENS ENTERING FROM OR THROUGH CONTIGUOUS TERRITORY
Sec. 114.1 Inspection.
114.5 Further examination at bor114.2 Preexamination of citizens,
der port. nationals, statistical and 114.6 Canadian-born American Innonstatistical aliens.
dians; exemption from im114.3 Preexamination, procedure
migration laws. when admissibility deter- 114.7 Residence in contiguous terri. mined.
tory by aliens who traveled 114.4 Procedure where preexamina
on noncomplying line. tion board is nonexistent. 8 114.1 Inspection. All inspections and medical examinations conducted at Canadian seaports of entry for aliens bound for the United States, the land border ports of entry, or United States immigration offices in the interior of Canada where boards of special inquiry are stationed, shall be in all respects similar to those conducted at other ports of entry, and all necessary facilities shall be provided the proper officials of the United States to enable them to make the inspections and examinations required under the immigration laws of the United States.* (Sec. 17, 43 Stat. 163; 8 U. S. C. 217)
* 88 114.1 to 114.7, 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.
114.2 Preexamination of citizens, nationals, statistical and nonstatistical aliens. United States citizens, citizens of the insular possessions of the United States, and aliens of the nonstatistical Class, except as hereinafter provided, applying for preexamination in Canada at places where the United States immigration officers are stationed, shall prepare and present Form I-121 at time of application, obtainable at such immigration offices, railroad or steamship ticket offices in Canada, or at such other places as may hereafter be designated. The names and ages of children under sixteen may be included in Form I-121 prepared by the accompanying parent or guardian. The preexamining inspector shall indicate on Form I-121 whether the alien holder is a temporary visitor or a returning resident of the United States: Provided, That aliens of the class mentioned who are required to deposit head tax shall be fully manifested on Form I-448 by the preexamining inspector: Provided further, That such inspector shall enter on Form I-448 the data appearing on Form I-121 with regard to those nonstatistical aliens who hold reentry permits or properly visaed passports, the form to contain a notation of the number of the permit or the fact that a visaed passport is 868700®_44