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The nonresident alien's identification card issued to such alien shall bear the fingerprint of the alien's right index finger and shall be attached by metal eyelets to the last page of the alien's passport or document in the nature of a passport. The card shall be issued in duplicate and the duplicate retained by the immigrant inspector at the first port of entry. Such nonresident aliens' border crossing cards shall be valid for a period of not more than 1 year, but in no event beyond the period of validity of the passport or document in the nature of a passport to which it is attached, and shall be subject to cancelation and withdrawal at any time within the discretion of the proper immigration officials.* (Secs. 37 (a) and 30,54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.62 Nonresident aliens' border crossing identification cards; revalidation and replacement. (a) The validity of a non-resident alien's border crossing identification card may be renewed upon its expiration for an additional period of 1 year if the passport or document in the nature of a passport to which the card is attached is valid for the period of renewal of the card or for a longer period. No such card issued by an immigrant inspector shall be revalidated except at the office of the Immigration and Naturalization Service at which it was issued. If the card was originally issued at an office of the Service other than the one at which revalidation is sought, and it is impracticable for the holder to seek revalidation at the office of issuance, the card shall not be revalidated but the applicant shall be required to obtain a new card in the manner prescribed in § 110.61. If the passport to which an expiring identification card is attached will itself expire within 1 year, the identification card shall not be renewed, but the holder shall be informed that he must obtain a new card at such time as he is in possession of a passport valid for at least 1 year. The holder of a card issued by a diplomatic or consular officer may apply to the issuing officer for revalidation of his card under regulations prescribed by the Secretary of State, or he may apply for a new card to be issued by the Service in accordance with 8 110.61.
(b) When a border crossing card is revalidated, a stamped notation shall be placed upon the card as follows:
Revalidated for a period of 1 year from date of expiration provided the bearer's passport continues to be valid.
(Title) A similar stamped notation shall be placed upon the application Form 257A which was the basis for issuance of the card, and upon the duplicate card if it is filed at the office of revalidation. If filed elsewhere, the revalidating office shall notify the port where the duplicate is filed of the revalidation. In placing the stamped notation on the card care should be exercised not to deface the fingerprint impression.
*For statutory citation, see note to g 110.1.
(c) If in any case an applicant for a new card is in possession of a card previously issued to him which has expired, the latter shall be appropriately noted to show issuance of a new card.
(d) No nonresident alien's border crossing identification card shall be revalidated, nor shall a new card be issued, unless it appears that the applicant is still entitled to enter the United States under the immigration laws.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U. S. C. 451, 458)
*For statutory citation, see note to 8 110.1.
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. 8 112.1 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. 992, sec. 24, 43 Stat. 166; 8 U. S. O. 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 certificate 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. 8, 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.
1 For regulations in regard to notification of address, see 8 CFR 170.7. *For statutory citation, see note to $ 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 8 112.1.