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accompanied by an affidavit setting forth the reasons why personal appearance cannot be made. The officer in charge of the office where the application is filed shall determine whether the reasons set forth in the affidavit are sufficient to waive the requirement of personal appearance. Where provision is not herein made for mailing applications direct to the Commissioner of Immigration and Naturalization, the head of the family may file applications for permits in behalf of a wife and minor children.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210)
165.5 Permit to reenter; application for; who may administer oaths; photographs. Where the application is filed in person the required oath will be executed by the immigration officer who receives it. Where the application has been filed by mail the oath may be executed by any person authorized to administer caths. Applicants shall file with their applications two unmounted individual photographs 2 by 2 inches in size, the distance from the top of head to point of chin to be approximately 114 inches, which shall be signed by applicants on the front in such a manner as not to obscure the features and in the presence of the person administering the oath.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210)
165.6 Permit to reenter; application for; procedure. When an application is presented in person, the applicant will be carefully questioned to determine whether he is entitled to a reentry permit. If the examining officer has reason to believe that any irregularity is involved, a written question and answer statement will be taken. The officer in charge will forward the application direct to the Central Office, together with the fee, photographs, statement of the applicant, if one is taken, and any information obtained concerning applications filed other than by personal appearance. At the same time, in those cases where applications are required to be filed at field offices, the officer in charge will request the port of arrival, by use of Form I-413, to forward on that form direct to the Central Office the facts of arrival. Any claim made in addition to, or in substitution for, any of those contained in the original application must be made and filed under oath and in the manner required in filing the original application and will be subject to the same interrogation or investigation as those set forth in the original application.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210)
165.7 Permit to reenter; issuance; effect. If the Commissioner of Immigration and Naturalization finds that the alien has been legally admitted to the United States for permanent residence and that the application is made in good faith, he shall, with the approval of the Attorney General, issue such permit to the applicant, which shall be valid for the time therein specified. Such permit will, however, have no effect under the immigration laws except to show that the alien to whom issued is returning from a temporary visit abroad.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210) 165.8 Permit to reenter; manner of delivery; requirements upon return. Permits when issued will be forwarded to the im
*For statutory citation, see note to § 165.1.
migration office designated by the applicant, at which they must be secured in person by the applicants. Permits will not be mailed to applicants except as provided in § 165.9, but can only be obtained by applicants upon personal call at a designated immigration office prior to their departure from the United States. Permits will not be delivered to one member of a family for other members thereof, or to one person for another. Before delivery of such permits is made officers entrusted with their custody will compare the photographs appearing thereon with the persons calling for same and make delivery only in cases where identification is satisfactorily established. Officers when delivering permits to applicants will require them to sign in the space provided for identification marks. All permits shall be endorsed, partly on the photograph and partly on the permit, by the officer making delivery. Officers when lifting permits from aliens upon their return will require the holders to sign their names on the permits where space allows.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210)
165.9 Permit to reenter; emergent cases; manner of delivery. In strictly emergent cases permits will be mailed to the applicant's foreign address. If the officer in charge is satisfied that an actual emergency exists which necessitates departure prior to the issuance of the permit, he will require the foreign address of the applicant to be given in the application and will affix a notation thereto concerning the nature of the emergency. Where such a request is made subsequent to the submission of the application the officer in charge, when satisfied that an emergency exists, will forward to the Central Office a photograph of the applicant similar to the one originally submitted, together with the foreign address to which the permit, if issued, is to be mailed, and give the date when the original application was mailed.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210)
165.10 Permit to reenter; procedure for extension; period of extension. Any alien to whom a permit to reenter the United States has been issued and who desires an extension thereof shall, prior to the expiration of the validity of such permit, file with the Commissioner of Immigration and Naturalization an application in writing, stating under oath, before an American consular officer abroad (a) his name and address in the United States; (b) when, where, and by what means he departed from the United States; (c) port of landing and date of arrival abroad; (d) countries in the order visited by him since arrival abroad; (e) reason for such extension and purposes for which desired; and (f) applicant's foreign address to which permit is to be returned. The permit to reenter theretofore issued to the alien shall accompany the application for extension, and shall be returned to the alien at his foreign address, with information as to the action taken, either granting or denying the application, properly endorsed on the reverse side thereof. On good cause shown the validity of the permit shall be extended for a period or periods not exceeding six months each in accordance with the conditions stated in this section.* (Sec. 10, 43 Stat. 158; 8 U. S. C. 210)
*For statutory citation, see note to § 165.1.
165.11 Permit to reenter; fee. For the issuance of a permit to reenter the United States and for each extension thereof there shall be paid a fee of $3, which shall accompany the application. Remittance shall be made by United States postal money order, or express money order, "Payable to the Commissioner of Immigration and Naturalization": Provided, That remittance from abroad shall be made by international money order, drawn on Washington, D. C., and payable in American dollars to the Commissioner of Immigration and Naturalization, or foreign exchange on a bank in the United States, likewise payable in American dollars to the Commissioner of Immigration and Naturalization: Provided further, That where the application for a permit or an extension thereof is denied the fee shall be returned to the applicant.* (Sec. 10,43 Stat. 158; 8 U. S. C. 210)
165.12 Temporary stay in United States; extension; form of application and necessary data. Applications to extend the time of temporary admission granted pursuant to the provisions of section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203), shall be made by the nonimmigrant alien under oath on Form 1-539, and shall state the name, age, and occupation of the alien; whether married or single; and, if married, the name and present address of the husband or wife and children, if any; country of alien's birth; country of alien's present allegiance; place of residence abroad; number, date, and place of issue of passport visa; date passport expires; time, place and manner of arrival in the United States; nonimmigrant class to which alien belongs as shown by passport visa; whether in possession of return passage or ticket; time originally fixed for departure from the United States: date and length of extensions previously granted, if any; residence in the United States; if visiting relatives or friends, names and addresses of such relatives or friends; if admitted for the transaction of business, the nature and character of such business; if employed, or engaged in business in the United States, when, where, and by whom employed, or the nature and character of the business engaged in and the monthly salary or income derived from such employment or business; and reasons in detail why the time fixed for alien's departure shall be extended: Provided, That a separate Form I-539 (application to extend time of temporary stay) shall be filed by each member of the family, with the exception that the father or mother may apply on the same form for children under 16 years of age, if such children were accompanied by the father or mother at time of entry.* (Sec. 15, 43 Stat. 162, 47 Stat. 524; 8 U. S. C. 215)
165.13 Temporary stay in United States; extension; application; who may grant; conditions; limitations. Applications to extend the time of temporary stay as provided for in § 165.12, shall be presented to the officer in charge at the port of arrival not less than 15 nor more than 30 days prior to the expiration of the time fixed for the departure of the alien from the United States, and where the officer in charge is satisfied clearly and beyond a doubt that the merits of the case are such that the applicant
* For statutory citation, see note to § 165.1.
is entitled to remain longer in the United States, in pursuance of the purpose for which he originally entered, such application may be passed upon favorably without referring same to the district head. In no instance, however, shall the stay of an alien, admitted for a temporary visit, be extended by the officer in charge at the port of entry for a period in excess of one year from the date of original entry. Where the officer in charge concludes that the application should not be granted, or where the extension applied for is beyond the period of one year from the date of original entry, the application shall be forwarded to the district head for determination, the application to be accompanied by a statement of reasons for such reference. If the officer in charge is of the opinion that an extension should be granted but that the best interests of the Government required that a bond be given to insure maintenance of status, he shall refer such application to the district head with a statement of reasons. The district head shall pass upon all applications where the request involves a visit of more than one year but not more than two years from the date of entry, and he shall also pass upon all cases up to one year which are referred to him by inspectors in charge at the port of entry. He may require a bond in the sum of $500, requiring the applicant to maintain the status under which admitted and to voluntarily depart at the expiration of the time allowed. Where the district head concludes that the application should not be granted or the application is for a period in excess of two years from the original date of entry, he shall forward it to the Central Office for decision, with a statement of the reasons for his conclusion. Applications for extensions shall not be granted except in cases where the reasons given are persuasive and unless the applicant, if a passport would be required to accomplish deportation, is possessed of a passport valid 60 days after the expiration date of the requested extension. In no instance will an application be granted where an applicant, who has been admitted temporarily for business or pleasure, has taken up employment, or employment different from that for which admitted, or it is apparent that it is the applicant's desire to remain permanently in the United States. No extension beyond one year shall be granted a naturalized citizen of a country contiguous to the United States, unless he presents with the applícation a certificate from the consular representative of the country of which he is a citizen, indicating that he has registered with that consular representative for the purpose of retaining his citizenship.* (Sec. 15, 43 Stat. 162, 47 Stat. 524; 8 U. S. C. 215)
165.14 Visitors or tourists in United States; failure to maintain status. Any alien admitted temporarily to the United States as a nonimmigrant under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203) shall be considered as having failed to maintain his status as that term is used in section 15 of that Act (47 Stat. 524; 8 U. S. C. 215) if after having been admitted as a tourist or visitor for pleasure he engaged in any business or occupation or employment, or if after having been admitted for business he engaged in any business or occupation or
*For statutory citation, see note to § 165.1
employment other than that given as a reason for his request for temporary admission.* (Sec. 15, 43 Stat. 162; 8 U. S. C. 215)
165.15 Formal petitions and applications; oaths; by whom administered. Where an application or petition filed pursuant to §§ 165.1-165.13, is executed in the United States, the oath or oaths, unless otherwise provided therein, may be administered by any officer duly authorized to administer oaths; and when executed outside the United States the oath shall be administered by an American consular officer. Applications and petitions not so executed shall be deemed to be invalid for any purpose.* (Secs. 9 (c), 10 (a), 43 Stat. 158; 8 U. S. C. 209 (c), 210 (a))
CROSS REFERENCE: For posting of immigration laws by transportation companies, see Part 178.
* For statutory citation, see note to § 165.1.