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Part 118-ALIENS IN TRANSIT
Sec. 118.1 Definition.
118.5 Attendants; designation and 118.2 Admissibility of transit
expense. aliens; conditions.
118.8 Exclusion of allens applying 118.3 Transits; notation to be made
as transits. on passports.
118.7 Deportation of transits. 118.4 Admissibility of transits; ad
ditional conditions. § 118.1 Definition. Any alien who applies for admission to the United States with the intention of departing therefrom within 60 days, and who is admitted for a period not exceeding 60 days, shall be regarded as an “alien in transit."* (Sec. 3, 43 Stat. 154, 47 Stat. 524; 8 U. S. C. 203, 215)
*88 118.1 to 118.7, inclusive, issued under the authority contained in sec. 23, 89 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.
118.2 Admissibility of transit aliens; conditions. Any alien arriving at a port of the United States and applying for admission as a transit alien may be temporarily admitted for a reasonable time not exceeding 60 days, for the purpose of such transit when it is satisfactorily established (a) that the alien is not an immigrant within the meaning of section 3 of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203); (b) that he will depart from the United States within 60 days; (c) that he is not a member of any one of the excluded classes, except excludable aliens whose temporary admission has been authorized in advance by the Attorney General; and (d) that he does not seek such transit privilege for the purpose of evading or violating any of the provisions of the immigration laws.* (47 Stat. 5248 Ư. S. C. 215)
118.3 Transits; notation to be made on passports. Passports presented by aliens who are admitted under section 3 (3) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S. C. 203), shall be rubber-stamped (with stamp furnished by the Central Office) and signed by the admitting officer to indicate the particular status under which admitted and the port and date of admission and the time for which admitted. This entry shall be made by the use of indelible pencil. Where the period for which temporary admission is extended, 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.*
118.4 Admissibility of transits; additional conditions. The Attorney General or the officer in charge may (a) require that the alien shall be accompanied while in transit by a sufficient number of immigration officers and guards or attendants as will insure his
*For statutory citation, see note to $118.1.
passage through and out of the United States without unnecessary delay, and (b) exact a bond in a sum not less than $500 conditioned that the alien shall by continuous transit pass through and out of the United States within a reasonable time, not exceeding 60 days, thereafter.* (47 Stat. 524; 8 U. S. C. 215)
118.5 Attendants; designation and expense. The accompanying immigration officials provided for in g 118.4, shall be designated and detailed for such purpose by the officer in charge at the port of arrival, and upon request of such officer in charge the transportation company or companies interested shall at their own expense furnish guards or attendants, in such number as shall be required by such officer, to assist such immigration officials, and such guards or attendants shall be under the immediate control and direction of such accompanying immigration officials during the time such alien is in transit through the United States: Provided, That all necessary expense incurred by such accompanying immigration official or officials and such guards or attendants, including their transportation to and from the place where such alien departs from the United States, shall be paid by such interested transportation company or companies.* (47 Stat. 524; 8 U. S. C. 215)
118.6 Exclusion of aliens applying as transits. Any alien arriving at a port of the United States and applying for admission as a transit alien shall, if found to be a member of any one of the excluded classes, be refused permission to enter, in the same manner as an immigrant alien. Cases where refusal of the transit privilege would entail excessive hardship may be reported to the Central Office for a special ruling.* (Secs. 16, 17, 39 Stat. 885, 887; 8 U.S. O. 152, 153)
118.7 Deportation of transits. Any alien temporarily admitted to the United States as a transit alien who shall fail or refuse to pass through and out of the United States within the time fixed or allowed, or who shall be found within the United States after the expiration of such time, shall be deemed to be unlawfully within the United States and shall on warrant of the Attorney General be taken into custody and deported as provided in section 14 of the Immigration Act of 1924.* (Sec. 14, 43 Stat. 162; 8 U.S. C. 214)
*For statutory citation, see note to $ 118.1.
Part 120ALIEN SEAMEN
Sec. 120.1 Alien seaman defined. 120.2 Bona fide alien seamen de
fined. 120.3 Arriving from any foreign
port or place defined. 120.4 Foreign defined. 120.5 Arrival in ports defined. 120.6 Reasonable time defined. 120.7 Listing of allen seamen. 120.8 Listing of allens employed on
vessel ; manner of; forms. 120.9 Listing of alien employees;
term "first" to be used. 120.10 List of arriving seamen; to
whom delivered; changes,
how reported. 120.11 Crew list; notation of treat
ment during voyage. 120.12 Lists of alien employees;
when clearance of vessel
denied. 120.13 Illegal landing of alien; no
tice. 120.14 Seaman's identification card;
application. 120.15 Seaman's identification card;
qualifications. 120.16 Seaman's identification card;
execution of; disposition
of duplicate. 120.17 Primary inspection of sea
men. 120.18 Seamen previously excluded;
when instruction to be
sought. 120.19 Alien seaman previously de
ported or removed; not permitted to land except
under certain conditions. 120.20 Alien seamen seeking entry
as immigrants. 120.21 Allen seamen seeking entry
in pursuit of calling; when ordered detained; waiver
of crew list visa. 120.22 Medical examination of allen
seamen required. 120.23 Medical examination of alien
seamen; by whom CONducted; removal of seamen
at later port, 120.24 Medical examination of alien
seaman; mandatory exclusion; right of appeal.
Sec. 120.25 Medical certificates as to sea
men; form; content; to
whom delivered. 120.26 Afflicted seamen; treatment;
notice of liability to master. 120.27 Afflicted seamen ; when land
ing permitted; when
treated at vessel's expense. 120.28 Aflicted seamen; procedure. 120.29 When clearance of vessel
withheld ; procedure. 120.30 Afflicted seamen; when dis
charged from hospital; fur
ther procedure. 120.31 Afflicted seamen; procedure
where recovery not certifi. able at expiration of 30
days. 120.32 Afflicted seamen; periodic
check concerning. 120.33 Violations of Act providing
for treatment of alien seamen to be promptly re
ported. 120.34 Detention of seamen pending
inspection. 120.35 Notice to detain or deport
allen employee of vessel;
verification of departure. 120.36 Detained seamen; when re
moval permitted. 120.37 Arrest and deportation of sea
men; procedure. 120.38 Seamen returned to the
United States by American
consuls. 120.39 Shipwrecked or castaway
seamen. 120.40 Alien seamen who were mem
bers of the crew of an American vessel which has been sold or delivered abroad who are being returned to the United States as passengers or workaways in accordance with the terms of the contract of employment of the outbound voyage or the laws
of the United States. 120.42 Disabled seamen; conditions
for passing in transit; immigration officials to confer
with appropriate officers. 120.43 Amicted seamen; expense of telegrams concerning.
Consular regulations prescribing conditions under which allens lose status
of American seaman : See Foreign Relations, 22 CFR 83.264. Consular regulations relating to seaman: See Foreign Relations, 22 CFR
8 120.1 Alien seaman defined. The term "alien seaman" shall include every alien signed on the ship's articles and employed in any capacity on board any vessel arriving in the United States from any foreign port or place. Only such aliens who come within this definition shall be treated in the special manner specified in this Part.* (Sec. 1, 39 Stat. 874; 8 U. S. C. 173)
*88 120.1 to 120.43, 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.
120.2 Bona fide alien seamen defined. As used in section 3 (5) of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203), the term “bona fide alien seamen” means any alien who in good faith is signed on the articles of a vessel arriving at a port of the • United States from any place outside thereof, employed in any capacity on board such vessel
, and seeking to enter the United States temporarily solely in the pursuit of his calling as a seaman, with the intention of departing with the vessel or reshipping on board any other vessel for any foreign port or place.*
120.3 Arriving from any foreign port or place defined. “Arriving in the United States from any foreign port or place” means arriving in the United States, and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone and the Philippine Islands,” from any port or place in a foreign country, in the Canal Zone, or the Philippine Islands (1917 (39 Stat. 8748 ; 31, and 33 to 36 of the Act of February 5,
Ports of the Isthmian Canal Zone and of the Philippine Islands shall be deemed foreign ports, and any vessel entering and clearing from any such ports shall be subject to all the immigration laws and regulations applicable to vessels arriving in the United States from any foreign port or place.* (Sec. 8, 48 Stat. 462; 48 U.S. C. 1238)
120.4 Foreign defined. In the expression “reship foreign” " and similar expressions used in this part, the word "foreign" includes the Philippine Islands and the Canal Zone in all cases.* (Sec. 1, 39 Stat. 874, sec. 8, 48 Stat. 462; 8 U. S. C. 173, 48 U. S. C. 1238)
120.5 Arrival in ports defined. The expression "arrival in ports of the United States” (Act of December 26, 1920 (41 Stat. 1082; 8 U. S. C. 170)) shall be taken to mean arrival at ports in the United States from a foreign port or place. If a vessel arrives foreign at a port of the United States and later on the same voyage touches at other ports of the United States, she will for the
• For statutory citation, see note to 120.1.
purpose of this definition be regarded as arriving foreign at such other ports.* 120.6 Reasonable time defined. The expression “reasonable
“ time" (Act of December 26, 1920 (41 Stat. 1082; 8 U.S. C. 170)) shall be regarded in no instance as a period exceeding 30 days. What shall constitute a "reasonable time” within a period of 30 days will be left to the determination of the officer in charge of the port, which determination shall be based upon a consideration of the views of the appropriate medical officer in charge of the hospital (evidenced by a certificate), as well as all the facts presented in and the circumstances attendant upon each individual
120.7 Listing of alien seamen. Arriving and departing seamen shall be listed on the blank forms hereinafter provided for in accordance with the terms of section 36 of the Act of February 5, 1917 (39 Stat. 896; 8 U. S. C. 171). When an arriving seaman is a "workaway,” a notation to that effect should be made upon the list. *
120.8 Listing of aliens employed on vessel; manner of; forms. The lists provided for by section 36 of the Act of February 5, 1917 (39 Stat. 896; 8 U.S. C. 171), to be delivered upon arrival, containing the names of all aliens employed on the vessel and other information concerning them, shall be typewritten or printed in the English language on white commercial ledger paper 1842 by 36 inches, basis 50 pounds, in sheets 18 by 18 inches, and according in every respect to Form I-480 now in use and approved by the Commissioner of Immigration and Naturalization, or in such form or forms as may hereafter be prescribed : Provided, That such lists may be written in longhand whenever it is impracticable to typewrite or print them. The statement of the master of the vessel regarding changes in the crew as provided for by said section 36, which is to be made prior to departure, shall be typewritten or printed in the English language on white writing paper 21 by 32 inches, basis 43 pounds, and 100 per cent rag, in sheets 16 by_1012 inches, and folded once and according in every respect to Form 1-489 now in use and approved by the Commissioner of Immigration and Naturalization, or in such form or forms as may hereafter be prescribed. The forms herein provided for shall be furnished by the owner, agent, consignee, or master of the vessel having such aliens on board at the expense of such owner, agent, consignee, or master and according to the specifications herein set out.*
120.9 Listing of alien employees; term "first” to be used. In preparing Form I-480 the owner, agent, consignee, or master of any vessel arriving in the United States from any foreign port or place shall insert the word “first” before the name of each alien seaman who was not employed on such vessel on her last preceding voyage to the United States.* (Sec. 36, 39 Stat. 896; 8 U. S. Č. 171)
120.10 List of arriving seamen; to whom delivered; changes, how reported. When a vessel calls at several United States ports
*For statutory citation, see note to $ 120.1.