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application under section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S. C. 159), may be accorded treatment in a hospital until cured and thereupon admitted. Examining surgeons shall include, so far as possible, in their certificate for contagious disorder, statement as to whether or not the disorder will be easily curable and whether or not the person certified can be permitted to land without danger to other persons.*
140.12 Hospital treatment of wife or minor child of naturalized citizen; conditions. No application for hospital treatment on behalf of the wife or minor child of a naturalized citizen shall be considered unless it affirmatively appears in such application that the applicant or some one in his behalf has deposited with the proper immigration official a sum sufficient to defray the cost of such treatment for a period of 60 days or for a less period if it is estimated that a cure may possibly be effected in less than 60 days, and that a bond has been furnished with approved surety in the penal sum of not less than $500 conditioned that at least 15 days prior to the expiration of the period above referred to a further deposit of cash will be made sufficient to cover the cost of treatment for an additional period of 30 days; and that a remittance of a similar amount every 15 days prior to the expiration of the period covered by such deposit shall be made until the alien is cured and permanently landed or the case otherwise disposed of; and that a sum sufficient to defray the cost of forwarding such alien to final destination will be furnished when and if needed, and, in the event such alien is a person who, from infancy or other cause, will require an attendant to accompany him to final destination if landed, or to the country of origin if eventually deported, that such an attendant, or funds sufficient to defray the cost of employing one, will be furnished: Provided, That where it affirmatively appears to the satisfaction of the Department that the husband or father is unable to pay the expense of the hospital treatment, such treatment may be accorded at the expense
of the appropriation for the enforcement of the Immigration Act.* (Sec. 22, 39 Stat. 891; 8 U.S. C. 159)
140.13 Hospital treatment of wife or minor child of resident alien; conditions. No application made on behalf of the wife or minor child of an alien who shall have taken up his permanent residence in the United States shall be considered unless the cash deposit and bond provided for in $140.12 are furnished as required in said section.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.14 Hospital treatment; to prevent unusual hardship or suffering. No application for hospital treatment made on behalf of an alien certified by the proper medical officer to be suffering from tuberculosis in any form or from a loathsome contagious or dangerous contagious disease, other than one of quarantinable nature, as provided in section 18 of the Immigration Act of 1917 (39 Stat. 887; 8 U. S. C. 154), shall be considered unless it affirmatively appears to the satisfaction of the Department that to refuse such hospital treatment would
be inhumane or cause unusual hardship or suffering: Provided, That if, upon arrival, the condition of the alien is such as to require immediate hospital treatment, such hospital treatment may be accorded when, in the opinion of the official in charge, a denial of such treatment, pending authorization therefor by the Department, will cause unusual hardship or suffering; And provided further, That in such case the action of such official shall be reported forth with to the Department for the necessary authorization.*
*For statutory citation, see note to $ 140.1.
140.15 Application for hospital treatment for wife or minor child. Application for hospital treatment arising under the provisions of section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U. S. C. 159), made in behalf of the wife or minor child of a naturalized citizen or in behalf of the wife or minor child of an alien having a permanent residence in this country, or application for hospital treatment arising under the provisions of section 18 of said Act (39 Stat. 887; 8 U. S. C. 154), shall be made to the officer in charge within the time allowed for filing appeals and by such officer immediately forwarded to the Central Office for presentation to the Department.*
140.16 Naturalization; proof. The presentation of a naturalization certificate and identification of the presenter as the rightful holder thereof shall be accepted as satisfactory proof of naturalization.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.17 Permanent residence; definition. The term "permanent residence” in 88 140.11, 140.13, and 140.15, shall be understood to mean that place where a person has his true, fixed, and permanent home and principal establishment to which, whenever he is absent, he has the intention of returning, and shall be established by evidence satisfactory to the Department.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.18 Hospital' treatment; documents to accompany application. The official in charge shall forward with the application a transcript of the board hearing and a certificate of a Public Health Service Surgeon showing the character and extent of the alien's affliction and estimating the duration of treatment required to effect a cure, and may make such recommendation as he deems proper.* (Sec. 22, 39, Stat. 891; 8 U.S. C. 159)
140.19 Breach of conditions of bond; consequences. If the application is granted and there is a failure to observe the terms of the bond exacted, report thereof shall be made to the Central Office, to the end that the conditions of the bond may be enforced and the alien deported. Any balance of a deposit remaining unexpended when the alien is cured or released shall be returned to the depositor. The cost of hospital treatment may be charged agąinst the deposit from the time the petition was filed and until the alien has been either admitted or deported.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.20 Alien's right, and transportation company's liability, not affected by hospital treatment. The treatment of an alien under 88 140.11-140.21, shall not be construed to alter in any manner the status of the alien with reference to his right to enter or remain in the United States, nor to affect in any manner the lia
*For statutory citation, see note to 8 140.1.
bility of transportation companies under the Immigration Act of 1917 (39 Stat. 874), and the rules and regulations made in pursuance thereof.*
140.21 Citizens treated as aliens; payment of hospital expense. If any arriving passenger apparently an alien is placed in hospital under any provision of 88 140.11-140.21 that does not require expenses of hospital treatment to be paid by other than transportation companies, and it is subsequently shown that such passenger is in fact a United States citizen, the expense of treatment up to the time satisfactory proof of citizenship is furnished shall be borne by the transportation company or by the vessel on which such passenger arrived.* (Sec. 15, 39 Stat. 885; 8 U. 8. C. 151)
*For statutory citation, see note to $ 140,1.
Part 142-PREEXAMINATION OF ALIENS WITHIN THE
Sec. 142.1 Preexamination; who may 142.10 Preexamination; medical exapply.
amination. 142.2 Preexamination; aliens eligi- 142.11 Preexamination; primary inble.
spector. 142.3 Preexamination; conditions 142.12. Preexamination; Board of of authorization.
Special Inquiry. 142.4 Preexamination; authoriza- 142.13 Preexamination; where allen tion; where deportation
found unqualified. proceedings have been in- 142.14 Preexamination; where allen stituted.
found inadmissible. 142.5 Preexamination; authoriza- 142.15 Preexamination; appeal by tion; where deportation
dissenting Inspector. proceedings have not been 142.16 Preexamination; where alien instituted.
found admissible, 142.6 Preexamination; applica- 142.17 Preexamination; readmission tions; bow filed.
with immigration visa. 142.7 Preexamination; applica- 142.18 Preexamination; readmission tions; notification of au
without immigration visa. thorization.
142.19 Preexamination; reports. 142.8 Preexamination; place and 142.20 Preexamination; repeal of time.
prior regulations and in142.9 Preexamination; documents
structions. to be presented. § 142.1 Preexamination; who may apply. Any alien, other than a Canadian citizen, who has been within the United States for a period of six months or more and who intends to apply to a consular officer of the United States in Canada for an immigration visa for entry into the United States for permanent residence may, subject to the provisions of this Part, apply for the privilege of a preexamination by officers of the Immigration and Naturalization Service for the purpose of determining in advance his admissibility into the United States for permanent residence when in possession of an unexpired immigration visa.*
* 89 142.1 to 142.20, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, 8 U. S. C. 102; sec. 24, 43 Stat. 166, 8 U. S. C. 222; sec. 1, Reorg. Plan No. V, 5 F. R. 2223; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
142.2 Preexamination; aliens eligible. Preexamination shall not be authorized unless it appears to the officer granting such authorization that the alien is:
(a) Admissible to Canada;
(c) Registered and/or fingerprinted as required by the Alien Registration Act, 1940; and
(d) Able to obtain the prompt issuance of an immigration visa in case it is determined that he is admissible to the United States for permanent residence.*
*For statutory citation, see note to s 142.1.
bility of transportation companies under the Immigration Act of 1917 (39 Stat. 874), and the rules and regulations made in pursuance thereof.
140.21 Citizens treated as aliens; payment of hospital ex. pense. If any arriving passenger apparently an alien is placed in hospital under any provision of 88 140.11-140.21 that does not require expenses of hospital treatment to be paid by other than transportation companies, and
it is subsequently shown that such passenger is in fact a United States citizen, the expense of treatment up to the time satisfactory proof of citizenship is furnished shall be borne by the transportation company or by the vessel on which such passenger arrived.* (Sec. 15, 39 Stat. 885; 8 U. 8 C. 151)
*For statutory citation, see note to $ 140.1.