« iepriekšējāTurpināt »
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 U. 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 admis
*For statutory citation, see note to Š 120.1.
sion 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)
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 alian 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
authorize the alien seaman to remain in the United States for a period more than 90 days after his arrival. Any request for an extension beyond that period shall be referred to the Central Office for decision. No extension of the period of an alien seaman's admission which will permit him to remain in the United States for 30 days or longer shall be granted until he has been registered and fingerprinted in accordance with the applicable provisions of Part 170 of this Chapter.
(c) The period of temporary admission of any seaman admitted for the period of time the vessel on which he arrives remains in the United States shall be deemed to be terminated if such vessel fails to depart to a foreign port or place within 29 days after its arrival at the port where the seaman was admitted, unless an extension of the alien's period of admission beyond 29 days from the date of the arrival of the vessel has been granted.
(d) An alien seaman whose name is not included in the visa of an alien crew list, or who is not in possession of an acceptable passport or document in lieu thereof, may nevertheless be admitted temporarily if otherwise entitled to such admission, if permission of the Secretary of State is obtained.
(e) Where the immigration officer is not satisfied that an alien applying for temporary admission as a bona fide alien seaman is entitled thereto, the immigration officer shall order the owner, charterer, agent, consignee, or master of the vessel on which such seaman arrived to detain him on board and deport him in the manner provided by law.* (Sec. 33, 39 Stat. 896, 8 U. S. C. 168; secs. 3 (5), 14, 15, 20, 43 Stat. 154, 162, 164, 47 Stat. 524, 607, 54 Stat. 711, 8 U. S. C. 203, 214, 215, 167; secs. 32 (c), 37 (a), 54 Stat. 674, 675, 8 U. S. C. 453, 458)
120.22' Medical examination of alien seamen required. All alien seamen arriving in ports of the United States shall be medically examined, as far as practicable, aboard ship each time they arrive. Such examination shall be similar to that made in cases of alien passengers.* (Sec. 16, 39 Stat. 885, sec. 20 (a), 43 Stat. 164; 8 U. S. C. 152, 167 (a))
120.23 Medical examination of alien seamen; by whom conducted; removal of seamen at later port. Physical and mental examination of alien seamen shall be conducted by physicians of the Public Health Service, and, when practicable, immediately upon arrival from a foreign port or place of a vessel at a port of the United States: Provided, That if a vessel so arriving should later, on the same voyage, proceed coastwise, any "afflicted seaman" or alien suspected of being an "afflicted seaman” then aboard, whose disability was not detected upon arrival foreign, may be removed for treatment or observation thereafter upon touching at another port of the United States, in the manner provided for and under the conditions applicable to such cases generally.* (Sec. 16, 39 Stat. 885, sec. 20 (a), 43 Stat. 164, 41 Stat. 1082; 8 U. S. C. 152, 167 (a), 170)
120.24 Medical examination of alien seaman; mandatory exclusion; right of appeal. If any such seaman shall be found, as the result of examination on board or elsewhere, to be afilicted
*For statutory citation, see note to $ 120.1.
with any mental defect or physical disease or affection which by operation of the certificate alone places him within any class of aliens mandatorily excluded by section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U. S. Č. 136), he shall be so certified, and shall be allowed to appeal to a board of surgeons, and, in mental cases, to introduce an expert witness of his own choice before such board, if he so desires, the time and place of the convening of the board to be fixed by the medical officer in charge.* (Secs. 16, 84, 89 Stat. 885, 896, secs. 19, 20 (t), 43 Stat. 164; 8 U. S. C. 162, 166, 167 (a)
120.25 Medical certificates as to seamen; form; content; to whom delivered. A separate certificate shall be issued by the medical examiner conducting the examination as to each and every "afflicted seaman" or alien seaman suspected of being an “afflicted seaman”, which certificate shall conform generally to medical certificates customarily rendered in respect to mentally or physically defective alien applicants for admission or alien applicants suspected of being so defective. These certificates shall in every case of disability, the nature of which is definitely ascertained, state whether the same can likely be cured within 30 days. Certificates rendered in suspected cases will state, when the circumstances permit, the nature of the disability suspected and approximately, the period of observation believed necessary to final determination of the nature of the disability. When practicable, medical certificates shall be rendered as soon as examination of the crew is completed and at once delivered to the immigration boarding officer or in his absence to the officer in charge of the
(Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U.S. C. 169, 170) 120.26 Afflicted seamen; treatment; notice of liability to master. An alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous contagious disease who is employed on board any vessel, including vessels of American registry Operating between a port of the United States and a port of a foreign country, shall, upon arrival at the first or subsequent ports in the United States, be detained and treated in a hospital under supervision of the proper immigration official at the expense of the vessel bringing such alien to the United States. In the case of any such vessel carrying passengers where the medical officer certifies that such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel and that the existence of such affliction might have been detected by means of a competent medical examination at such time, the official in charge at the port of arrival shall serve or cause to be served on the owner, agent, consignee, or master of such vessel a notice in writing that liability for the fine imposed by section 35 of the Immigration Act of 1917 (89 Stat. 896; 8 U. S. Č. 169), has been incurred in respect of each alien so certified.* (41 Stat. 1082; 8 U. S. C. 170)
120.27 Afflicted seamen; when landing permitted; when treated at vessel's expense. No seaman aflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loath
*For statutory citation, see note to $120.1.