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or document in lieu of a passport, is valid for the alien's departure to his own or some other country, and the period for which admitted shall be endorsed on the immigration visa and the passport, or document in lieu of a passport. Upon admission the alien shall be advised that he may not lawfully remain in the United States beyond the period for which admitted unless prior to the expiration of such period he applies for and obtains an extension of stay in the manner specified in $ 125.2. The length of time for which admitted and data as to passport or document in lieu of passport should be noted on Form I-113.* (47 Stat. 524; 8 U.S. C. 215)
*$125,1 to 125.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. O. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
125.2 Students; extension of stay. Applications to extend period of temporary admissions of bona fide students pursuant to $ 125.1 shall be prepared on Form 1–535 and submitted to the officer in charge at the port of arrival at least 60 days prior to the expiration of the period for which admitted. The application shall contain all the data specified in the form and must be accompanied by applicant's passport or document in lieu of passport, valid for departure to alien's own or some other country, for at least the time of the requested extension. Where the officer in charge is satisfied that the alien is a bona fide student and if the passport, or document in lieu of a passport acceptable under consular regulations, is valid as above described, the extension may be granted without referring the application to the district head. Where the officer in charge concludes that the application should not be granted, the application shall be forwarded to the district head for determination, the application to be accompanied by a statement of reasons for such reference. Where the district head concludes that the application should not be granted, he shall forward it to the Central Office for decision, with a statement of the reasons for his conclusion.*, . (47 Stat. 524; 8 U. S. C. 215.)
125.3 Students; when subject to deportation. Any immigrant student admitted to the United States as a nonquota immigrant under the provisions of subdivision (e) of section 4 of the Îmmigration Act of 1924 (43 Stat. 155; 8 U. S. C. 204 (e)), as amended, who fails, neglects, or refuses regularly to attend the school, college, academy, seminary, or university to which admitted, or the accredited school, etc., to which he has lawfully transferred, or who is expelled or dropped from such institution, or who accepts employment except as authorized, or who fails to provide himself with a passport, or document in the nature of a passport acceptable under consular regulations, which will permit his voluntary departure to his own or some other country, or who fails or refuses to so depart, shall be deemed to have abandoned his status as an immigrant student, and shall, upon the warrant of the Attorney General, be taken into custody and deported.* (Sec. 14, 43 Stat. 162, 47 Stat. 524; 8 U.S. C. 214, 215)
125.4 School; petition for approval. Any school, college, academy, seminary, or university desiring approval as a school for immigrant students may file with the Attorney General a petition in writing (Form I-17), stating its name and location, the date when established; the requirements for admission, including age; whether coeducational; the courses of study offered and the time required to complete each course; the degrees, if any, conferred; the calendar of its school year, including terms and semesters; whether day or night sessions are held or both; the average annual number of students attending; the number of teachers or instructors employed; the approximate total annual cost of board, tuition, etc., per student; and the causes for expulsion: Provided, That when a catalog is issued by such school, college, academy, seminary, or university, a copy of the latest edition thereof shall be filed with and made part of the petition with appropriate references to the pages of such catalog where the information herein required may be found. If the Attorney General is satisfied that such school, college, academy, seminary, or university has been established for at least two years immediately preceding the filing of the petition herein required; that it is a bona fide institution of learning; and that it possesses the necessary facilities and is otherwise qualified for the instruction and education of immigrant students he may approve such school, college, academy, seminary, or university as a school for immigrant students.* (Sec. 4 (e), 43 Stat. 155; 8 U.S. C. 204 (e))
125.5 Schools; conditions for approval. No petition for approval as a school for immigrant students shall be considered unless such petition is accompanied by the written agreement of the school, college, academy, seminary, or university seeking such approval, to report in writing to the officer in charge at the port of arrival, immediately upon the admission of an immigrant student to such institution, the name, age, and local address of such student; the name and complete address of a friend or relative of such student in the United States; the date when such student was admitted; the course of study to be pursued by him; and at the termination of the attendance of such student, to forthwith report, in writing, to the Attorney General through the officer in charge at the port of arrival the date when and the reasons why such attendance was terminated. The foregoing conditions for approval of schools are hereby made applicable to all such approvals heretofore granted and the continuance of approval of a school will depend on the observance of this regulation. (Sec. 4 (e), 43 Stat. 155; 8 U.S. C. 204 (e)
125.6 School; officer to make petition. Form I-17 and the written agreement accompanying it must be executed by the principal officer of the school, college, academy, seminary, or university having authority to execute contracts.* Sec. 4 (0), 43 Stat. 155; 8 U. S. C. 204 (e))
125.7 School; withdrawal of approval. When it shall appear to the satisfaction of the Attorney General that any school, college, academy, seminary, or university approved as a school for immigrant students, fails, neglects, or refuses to comply with all and singular the terms of its agreement he may withdraw or revoke his approval of such school, college, academy, seminary, or university as a school for immigrant students.* (Sec. 4 (e), 43 Stat. 155; 8 U. S. C. 204 (e))
*For statutory citation, see note to $ 125.1.
Part 128—PERSONS ARRIVING BY WAY OF OR FROM
Sec. 128.1 Nonimmigrant arriving at 128.5 Citizens of United States reHawaii and proceeding to
siding in Hawaii; issuance mainland; examination.
of certificates. 128.2 Alien residents of Hawaii 128.6 Hawaiian certificates; appliproceeding to mainland;
cations. alien certificates.
128.7 Hawaiian certificates; lost or 128.3 Admission to mainland of
destroyed. aliens described in 88 128.1,
128.8 Hawaiian certificates; form 128.2.
128.9 Hawaiian certificates; dupli128.4 Failure to present unexpired
cates retained. documents; presumption; 128.10 Hawaiian certificates; canprocedure.
celation, 8 128.1 Nonimmigrant arriving at Hawaii and proceeding to mainland; examination. Nonimmigrant aliens arriving at Hawaii who intend later to proceed directly to the mainland of the United States may be admitted at Hawaiian ports for temporary stay or as incident to their transit through the United States to a foreign country (section 3 (2) and (3), Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203)), and when so admitted their passports, or documents accepted in lieu of passports, shall be stamped and endorsed. Such aliens need not appear before the District Director in Honolulu for any further endorsement of status, when about to proceed directly to a port of continental United States, provided, the time of their proposed departure from continental United States will be within the period granted, and such departure can reasonably be accomplished.* (47 Stat. 524, sec. 28 (a), 43 Stat. 168; 8 U. Š. C. 215, 224 (a))
*&$ 128.1 to 128.10, 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 parenthesis at the end of specific sections.
128.2 Alien residents of Hawaii proceeding to mainland; alien certificates. Aliens residing in Hawaii pursuant to lawful admission for permanent residence who signify to the officer in charge at Honolulu an intention to proceed directly to the mainland of the United States, and who are legally entitled to do so, shall be furnished alien certificates (Form 1–146) by the said official as evidence of such residence, which certificates shall show date and status of such admission.* '(Sec. 1, 39 Stat. 874; 8 U.S.C. 173; E. O. 1712, Feb. 24, 1913)
128.3 Admission to mainland of aliens described in $$ 128.1, 128.2. Aliens of the classes described in $$ 128.1, 128.2, arriving at a continental United States port directly from Hawaii shall be admitted upon identification: Provided, That the period for which the alien visitors referred to in 8 128.1 were originally admitted,
*For statutory citation, see note to 8 128.1.
or for which such admission has been extended, has not expired; that the period of time for transit has not expired, and that sufficient time remains to permit of departure from the United States within the period specified; and: Provided further, That such aliens shall surrender to the appropriate immigration officer the certificates issued under 8 128.2.* (Sec. 28 (a), 43 Stat. 168; 8 U.S. C. 224 (a))
128.4 Failure to present unexpired documents; presumption; procedure. When aliens of the classes mentioned in 88 128.1, 128.2 arrive at a continental United States port from Hawaii and fail to present the stamped and endorsed passports, or documents accepted in lieu thereof described in 8 128.1, or the certificates described in § 128.2, it shall be presumed that they were not examined when entering Hawaii and, unless they satisfactorily establish lawful admission to Hawaii, shall be reported for arrest on such grounds as may be found applicable. As to those aliens who arrive at a continental United States port subsequent to the expiration of the period for which temporarily admitted, or whose departure will not occur within the period fixed upon for their departure, the examining officers, if satisfied that it is the intention of such aliens only to remain temporarily in the United States, shall advise them of the necessity for and the manner of making application for extension of their stay. Where there is reason to believe that aliens of the class covered by this part are seeking to remain permanently in the United States, warrant proceedings will be instituted.* (Sec. 19,39 Stat. 889, sec. 14, 48 Stat. 162;8 U.S.C. 155, 214)
128.5. Citizens of United States residing in Hawail; Issuance of certificates. A resident of Hawaii who intends to depart temporarily from that Territory shall be granted a “Certificate of Citizenship-Hawaiian Islands” by the officer in charge at Honolulu, Hawaii, upon proving to the satisfaction of that official that he is a citizen of the United States, a bona fide resident of the Territory of Hawaii and that he actually intends to depart temporarily. Such certificate may be retained by the person to whom issued. If the officer in charge at Honolulu is not satisfied that the applicant is entitled to this certificate, the application shall be denied and the applicant notified that he may appeal to the Attorney General from the adverse decision. Ten dayɛ will be allowed within which to file notice of appeal with such immigration officer. All evidence which was submitted in support of the application shall constitute the record and shall be forwarded to the Central Office in cases where appeals are taken.* (Sec. 1, 39 Stat. 874; 8 U.S.C. 173)
128.6 Hawaiian certificates; applications. Applications for the certificates shall be made on Form 108 and shall be filed in duplicate, one copy to be retained in the office of the officer in charge at Honolulu and one copy to be forwarded to the Central Office, together with a copy of all the evidence on which the certificate was issued.* (Sec. 1, 39 Stat. 874; 8 U. S. C. 173)
*For statutory citation, see note to $ 128.1.