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Part 114-INSPECTION OF CITIZENS AND ALIENS ENTERING FROM OR THROUGH CONTIGUOUS TERRITORY

Sec.

114.1 Inspection.

114.2

Preexamination of citizens,

nationals, statistical and
nonstatistical aliens.

114.3 Preexamination,

procedure

Sec.

114.5 Further examination at border port.

114.6 Canadian-born American In-
dians; exemption from im-
migration laws.

when admissibility deter- 114.7 Residence in contiguous terri-
mined.
tory by aliens who traveled
on noncomplying line.

114.4 Procedure where preexamina

tion board is nonexistent.

§ 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)

§8 114.1 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

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carried: And provided further, That no preexamination will be accorded to persons of any class planning to proceed directly from a Canadian seaport to ports in the Territories of Hawaii and Alaska. Aliens of the statistical class shall be fully manifested on Form I-448 by the preexamining inspector whether arriving from overseas or whether their journey originates in Canada. (Sec. 17, 43 Stat. 163; 8 U. S. C. 217)

114.3 Preexamination; procedure when admissibility determined. If and when admissibility is determined, Form I-121 or Form I-448 shall be so indorsed by the appropriate immigration officer, attached to other pertinent immigration documents, and given the applicant for presentation and surrender at the actual port of entry into the United States. If applicants of any class so preexamined depart for the United States by water from a place other than that at which the preexamination was conducted, Forms I-121 and I-448 shall be countersigned by the appropriate United States immigration officer at the Canadian port of embarkation. Upon the surrender at ports of entry of properly indorsed Forms I-121 and I-448 within 30 days from issuance, the period of their validity, the rightful holders will be promptly admitted if their status has undergone no change since preexamination: Provided, however, That holders of visas must apply for admission at ports of entry within the period of validity of their visas, or it is established that such holders began a continuous journey to such ports of entry prior to the expiration of the visas. The actual port of entry into the United States shall be the "record" port of entry for all purposes, including head-tax transactions. Forms I-121 and I-448 shall be completed thereat, as will be all other immigration documents.* (Sec. 17, 43 Stat. 163; 8 U.S. C. 217)

114.4 Procedure where preexamination board is nonexistent. Any alien not provided with Form I-121 or Form I-448 who shall apply for admission at a point on the Canadian border where no board of special inquiry is located, if held for examination by such a board, shall be conveyed by the transportation company concerned to the nearest port of entry where a board of special inquiry is located; and, in the discretion of the appropriate United States immigration official, any alien not having been preexamined and not holding either of said forms, who shall apply for admission at a border point within one year after arriving at a Canadian seaport, shall be returned by the transportation company responsible, to the seaport of arrival for examination by United States immigration officials and (where proper) assessment of head tax in the manner required in the cases of aliens arriving at Canadian seaports and giving destinations in the United States, unless it shall appear that such alien was originally destined in good faith to Canada and has been actually residing in said country, or unless, upon examination, Canadian officials shall declare such alien eligible for residence in Canada and the transportation company involved shall arrange for his removal a reasonable distance from the boundary: Provided, That where the mental, physical, finan

*For statutory citation, see note to § 114.1.

cial, or moral status of the alien is such that in the opinion of the proper official such person should be returned to the initial point of departure in Canada, the transportation company or other interest concerned shall, upon request, return such alíen to such initial point of departure.* (Sec. 17, 43 Stat. 163; 8 U. S. C. 217) 114.5 Further examination at border port. All aliens seeking entry into the United States from Canada at the border ports without first having been pre-examined and granted Form I-121 or Form I-448, and who may not appear to the examining immigrant inspector clearly and beyond a doubt entitled to enter the United States; and those aliens holding either of said forms whose further examination is deemed necessary or advisable; and aliens brought to the border who have arrived in Canada by steamship lines or vessels which have not conformed to the requirements of section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 U. S. C. 217), and who have not had two years' residence in Canada, shall, at the discretion of the examining immigrant inspector, be removed from the railroad train or other vehicle of travel by the owner, agent, or person in charge of the transportation line concerned, and delivered to the immigration office or such other place of detention as may be designated by the said examining immigrant inspector, for further examination.*

114.6 Canadian-born American Indians; exemption from immigration laws. American Indians born in Canada shall be permitted to enter the United States without inspection under the immigration laws. This right shall not extend to persons whose membership in Indian tribes or families is created by adoption.* (45 Stat. 401; 8 U. S. C. 226a)

114.7 Residence in contiguous territory by aliens who traveled on noncomplying line. Where an alien has entered foreign contiguous territory by a transportation line not signatory to the agreement made pursuant to section 23 of the Immigration Act of 1917 (39 Stat. 892; 8 U. S. C. 160), and section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 Ú. S. C. 217), with the intention, actually carried into effect, of taking up permanent residence in such foreign contiguous territory, and such arrival and the taking up of residence occurred at least two years prior to the time of making application for admission to the United States, the admissibility of such alien will not be destroyed merely by reason of temporary absence, without relinquishment of domicile, from such foreign contiguous territory subsequent to the time of taking up permanent residence therein.*

*For statutory citation, see note to § 114.1.

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