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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 (sections 1, 19, 31, and 33 to 36 of the Act of February 5, 1917 (39 Stat. 874ff.); 8'U. S. C. 173, 155, 165, 166, 168, 169, 171). '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 case.*
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 1042 inches, and folded once and according in every respect to Form I-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. C. 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.
the list of arriving seamen, required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 171), shall be delivered to the official in charge at the port of arrival, who will give his receipt therefor to the master; the report of illegal landings required by said section shall be made to the official in charge at the port of arrival or call where the illegal landing occurs; and the list of departing, deserted, and landed seamen required by said section shall be delivered to the official in charge at each port of call. The official in charge at any port of call or final clearance foreign shall promptly notify the official in charge at the port of initial entry (where the incoming crew list is filed) of any and all changes occurring in the crew of any vessel subsequent to departure from such initial port of arrival; and such report shall be filed with the crew list to which it refers.*
120.11 Crew list; notation of treatment during voyage. When any alien member of the crew shall have been treated or furnished with medicine during the voyage for any of the diseases or disabilities specified in section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 169), the master or other officer of the vessel shall make notation of such fact in the appropriate column of the crew list opposite the name of the seaman receiving such treatment or medicine.*
120.12 Lists of alien employees; when clearance of vessel denied. Clearance shall not be granted any vessel until the lists required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 171), have been furnished, and not then unless notice of liability to the administrative fine prescribed by said section or to that prescribed by section 35 of said Act (39 Stat. 896; 8 U. S. C. 169) having been served, the deposit specified in 88 160.13-160.17, has been made.
120.13 Illegal landing of alien; notice. The notice required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 171), to be furnished regarding any alien who may have “illegally landed” while the vessel has been in port should consist of a letter reporting the fact and giving the name, number of identification card, nationality, and description of the alien and “any information” within the knowledge of the master or officers of the ship or transportation line "likely to lead to his apprehension."
120.14 Seaman's identification card; application. An alien who has been lawfully admitted to the United States for permanent residence, who intends to follow or continue following the calling of a seaman in the coastwise trade or on American passenger vessels operating under subsidy in accordance with the Merchant Marine Act of 1936 (49 Stat. 1985), and who has not been issued an immigrant identification card, or a certificate of registry, or who has not, subsequent to June 30, 1929, declared his intention to become a citizen of the United States, may file an application (Form I-198) for a seaman's identification card as evidence of his status as an alien who has been lawfully admitted to the United States for permanent residence.*
*For statutory citation, see note to $120.1.
120.15 Seaman's identification card; qualifications. A seaman's identification card (Form I-199) shall be issued by the immigration and naturalization officer in charge to an applicant only upon the submission of satisfactory evidence that the applicant (a) is an alien who was lawfully admitted to the United States for permanent residence; (b) intends to follow or continue following the calling of seaman in the coastwise trade or on American passenger vessels operated under subsidy in accordance with the Merchant Marine Act, 1936 (49 Stat. 1985); and (c) has not been issued an immigrant 'identification card, a certificate of registry, or did not, subsequent to June 30, 1929, declare his intention to become a citizen of the United States.*
120.16 Seaman's identification card; execution of; disposition of duplicate. In order that such seaman's identification card may not be transferred from one person to another, a photograph of the alien shall be attached thereto and the impress of the seal of the Immigration and Naturalization Service made partly on the photograph and partly on the card. In addition, the signature of the issuing officer shall be written partly on the card and partly on the photograph. A duplicate of every seaman's identification card issued shall be transmitted to the Commissioner of Immigration and Naturalization, Washington, D. C.*
120.17 Primary inspection of seamen. In addition to the medical examination hereinafter provided for, all seamen arriving in ports of the United States shall be regularly inspected by immigrant inspectors.* (Sec. 16, 39 Stat. 885; 8 U. S. C. 152)
120.18 Seaman previously excluded; when instruction to be sought. Whenever it is ascertained that a seaman applying for either permanent or temporary admission belongs to the excluded class section 8 of the Immigration Act of 1917, as amended by the Act of March 4, 1929, 39 Stat. 875,1 (d), 45 Stat. 1551; 8 U.S. C. 136 (i), (q)), "Persons who have been excluded from admission and deported in pursuance of law, and who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a place outside the United States or their attempt to be admitted from foreign contiguous territory the Attorney General had consented to their reapplying for admission,” the case shall promptly be brought to the attention of the Department with request for instruction.* (Sec. 19, 43 Stat. 164; 8 Ù. S. C. 166)
120.19 Alien seaman previously deported or removed; not permitted to land except under certain conditions. It shall be the duty of the inspector to order detained on board, in accordance with the provisions of sections 19 and 20 of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 166, 167), (a) any alien seaman who has been heretofore or is hereafter arrested and deported in pursuance of law and is found employed on any vessel arriving in the United States, unless he has obtained from the Attorney General, in conformity with law, permission to reapply for admission and arrives at least one year after the date of deportation; and (b) any alien seaman found subject to exclusion from admission to the United States under section 23 of the Immigration Act of 1917, as amended by the Act of May 14, 1937 (39 Stat. 892, 50 Stat. 164; 8 U. S. C. 102 and Sup.), because he was removed from the United States subsequent to May 13, 1937, in the manner provided in the last mentioned statutes, unless permission to apply for readmission has been granted to such alien by the Secretary of State and the Attorney General. In emergent cases seamen cov, ered by this section may be accorded hospital treatment as provided in the regulations relating to seamen.* (Sec. 1 (a-c), 45 Stat. 1551, 46 Stat. 41, sec. 7, 47 Stat. 166; 8 U.S. C. 180, 181)
*For statutory citation, see note to 120.1
120.20 Alien seamen seeking entry as immigrants.
(a) An alien seaman seeking to enter the United States as an immigrant under any provision of law other than section 4 (b) of the Immigration Act of 1924 shall be subject to all the laws, regulations, and Executive Orders applicable to immigrants generally.
(b) An alien seaman who, previously, has been lawfully admitted for permanent residence and who is returning to an unrelinquished domicile in the United States may, if otherwise admissible, be permitted to enter as a returning resident under section 4 (b) of the said Act without a nonquota immigration visa or reentry permit if the name of such alien appears on the crew list of the vessel on which he arrives and is included in the visa thereof, if such visa is required under any applicable Executive Order prescribing the necessity for crew list visas. If the name of such an alien is not included
in a required crew list visa, his case shall be submitted to the Central Office for consideration of obtaining a waiver of the documentary requirements for entry.* (Secs. 4 (b) and 13, 43 Stat. 155, 161; 8 U.S.C. 204 (b), 213)
120.21 Alien seaman seeking entry in pursuit of calling; when ordered detained; waiver of crew list visa.
(a) Any alien who upon arrival establishes that he is a bona fide seaman as defined in section 120.2 of this part, is admissable as a nonimmigrant under section 3 (5) of the Immigration Act of 1924 and is not inadmissible under the other provisions of this part and of Part 175, may be temporarily admitted for such period of time as the examining immigrant inspector shall designate, not to exceed, however, the time the vessel on which the alien arrives remains in the United States and in no event to exceed 29 days, if
(1) his name appears on the duly visaed crew list of the vessel on which he arrives, unless such vessel is excepted from the requirement of submitting a visaed crew list under the applicable Executive Order and regulations prescribing the requirements for crew list visas; and
(2) he is in possession of a passport, or some other document in lieu thereof, which is acceptable under the applicable Executive Order and regulations prescribing the documents required of alien seamen and which satisfactorily establishes his identity and nationality.
(b) Extensions of such a temporary admission may be granted by the officer in charge at the port of arrival if exceptional circumstances exist which justify such extensions, but the officer in charge shall in no event grant an extension or extensions which will
*For statutory citation, see note to $ 120.1.