legal guardian. Every parent or legal guardian of any alien child who is in the United States (including Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States) on August 27, 1940, and who (1) is less than fourteen years of age, (2) has not been registered in accordance with any of the provisions of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, must apply for the registration of such alien child on or before December 26, 1940.

(d) Duty of parent or legal guardian. Subject to paragraph (j) of this section, every parent or legal guardian of any alien child who enters the United States (including Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States) after August 27, 1940, and who (1) is less than fourteen years of age, (2) has not been registered in accordance with any of the provisions of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, must apply for the registration of such alien child before the expiration of such thirty days.

(e) Aliens attaining fourteenth birthday on or after August 27, 1940, must apply in person within thirty days after such birthday. Whenever, on or after August 27, 1940, any alien attains his fourteenth birthday in the United States (including Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States), he shall, within thirty days after such birthday, apply in person for registration and fingerprinting.

(f) Aliens fourteen years or older entering United States on visa issued on or after August 27, 1940. No alien seeking to enter the United States (including Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States) upon a visa issued on or after August 27, 1940, who at the time of issuance of the visa was fourteen years of age or older, shall be admitted unless he shall have been registered and fingerprinted in duplicate.

(g) Aliens under fourteen years of age entering United States on visa issued on or after August 27, 1940. No alien seeking to enter the United States (including Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States) upon a visa issued on or after August 27, 1940, who at the time of issuance of the visa was under fourteen years of age, shall be admitted unless he shall have been registered in duplicate.

(h) Foreign government officials and families. No foreign government official, or member of his family, shall be required to register or be fingerprinted.

(1) The term "foreign government official," as used in the Alien Registratian Act, 1940, and in this part, shall be construed to

mean:

(aa) Foreign diplomatic officers eligible to appear in the Diplomatic List issued monthly by the Department of State; (bb) Foreign consular officers of career;

(cc) Employees of diplomatic missions;

(dd) Employees of foreign consular offices;

(ee) Other officials of foreign governments who are in the United States in an official capacity, including commissioned

officers, on active duty, of the military, naval and air forces of foreign countries; and including official delegates to international conventions and official conferences and their staffs, attendants, and employees;

(ff) Foreign government officials who are in the United States as temporary visitors or in transit through the United States:

Provided, however, in all such cases, except those of ambassadors and ministers and members of their missions whose names appear on the blue Diplomatic List published monthly by the Department of State, that within thirty days after the arrival of any such foreign government official, or his employment as a foreign government official, in the United States the Department of State is notified by the appropriate diplomatic mission, on an official form supplied by the Department of State of the full name of such official, together with such other information as the Department of State deems appropriate, and that the Department of State accepts such notification as satisfactory and recognizes the status claimed.

(2) The term "member of his family," as used in the Alien Registration Act, 1940, and in this part, shall be construed to include a relative by blood or marriage who is regularly residing in, or is a member of, the household of a foreign government official. It shall also be construed to include a servant or other domestic employee residing as an employee in the household of a foreign government official; provided that within thirty days after the arrival or employment in the United States of any such servant or employee the Department of State is notified by the appropriate diplomatic mission, on an official form supplied by the Department of State of the full name of such servant or employee, together with such other information as the Department of State deems appropriate, and that the Department of State accepts such notification as satisfactory and recognizes the status claimed.

(3) Any person who, having had the status in the United States of a foreign government official or member of his family, shall cease to maintain such status, shall within thirty days of such cessation apply for registration and to be fingerprinted. (Secs. 37 (a), 34 (a) and 32 (c), Act of June 28, 1940; 54 Stat. 670)

(i) Aliens ordered deported. Aliens under order of deportation shall register in accordance with these regulations.

(j) Time limitation on registration. Any alien or the parent or guardian of any alien who is in the United States (including Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States) on August 27, 1940, will have complied with the requirements of the Alien Registration Act as to his first registration if he registers and is fingerprinted on or before December 26, 1940.*

(k) Notwithstanding any other provisions of this section, any alien temporarily entering the United States (including Alaska, Hawaii, Puerto Rico and the Virgin Islands of the United States) under orders of his government and in whose case the Secretary of State has waived the requirement of a visa will not be required to

568700°-44 41

be registered and fingerprinted while in the United States in accordance with the orders of his government, but if he continues to remain in the United States beyond the period required by the orders of his government, he shall then be required to be registered and fingerprinted in accordance with the applicable provisions of this Part within 30 days from such time.*

* §§ 170.1 to 170.7, inclusive, issued under authority contained in sec. 87 (a), sec. 34 (a) and sec. 32 (c), Act of June 28, 1940 (54 Stat. 674, 675; 8 U. S. C. 453, 455, 458)

170.2 Who are aliens required to register and be fingerprinted. (a) An alien, as the term is used in this Part, includes any person who is not a citizen of the United States.

(b) United States citizenship, acquisition of. United States citizenship is acquired by birth or naturalization, but a person who, being an alien, has applied for naturalization does not become a citizen until he has been finally admitted to citizenship as required by law.

(c) Persons in doubt of alienage, to register. Persons who may be in doubt as to whether they are aliens required to register and be fingerprinted may consult any representative of the Immigration and Naturalization Service. Any person who continues to remain in doubt as to his status should register. No person who registers shall thereby suffer any prejudice to his claim to citizenship.* (Sec. 32 (c),.sec. 34 (a), and sec. 37 (a), Act of June 28, 1940, 54 Stat. 674, 675; 8 U. S. C. 453, 455, 458)

170.3 Time and place of registration and fingerprinting. (a) Registration shall commence on August 27, 1940. Any person in the United States on that date who is required to register and be fingerprinted, or to register, may do so at any time on or before December 26, 1940. All other persons required by law to register and be fingerprinted, or to register, shall do so in conformity with § 170.1 of these regulations.

(b) Post Offices, first- or second-class designated, or any other place the Commissioner of Immigration and Naturalization may designate. Any person in the United States required by law to register and be fingerprinted, or to register, may be registered and fingerprinted, or register

(1) at any first-class or second-class post office in the United States, or

(2) at the post office at the seat of government of any county, parish, or equivalent political subdivision in the United States, or

(3) at any other post office or other place which the Commissioner of Immigration and Naturalization shall hereafter designate, or authorize to be designated, as a registration office or

(4) at any field office of the Immigration and Naturalization Service, or

(5) at the option of any registration officer who is an employee of the Immigration and Naturalization Service, at any other place at which said registration officer shall find it most convenient to conduct the registration and fingerprinting, or registration.

(c) Post Offices not designated, alien or any person or guardian may apply for information. Any alien, or any parent

or guardian of an alien under fourteen years of age, who resides in an area in which there is no registration office, but which is customarily served by a post office which has not been designated as a registration office, may apply at such post office for registration and to be fingerprinted or for registration. The postmaster at such post office shall inform the alien (or his parent or guardian) of the location of the nearest designated registration office or offices. If the alien (or his parent or guardian) states that he will be unable to appear at such office or offices and requests that he be permitted to register and be fingerprinted, or register, at the post office customarily serving the area in which he resides, he shall be required to fill out and sign Form AR-13. The postmaster shall promptly forward such form, as so filled out and signed, to the nearest office of the Immigration and Naturalization Service and the registration officer at such office shall make arrangements to register and fingerprint, or register, the alien, or will request in writing that those functions be performed by a registration officer more conveniently located to accomplish them.

(d) Aliens, inmates of penal and eleemosynary institutions, aged, infirm or otherwise incapacitated; arrangements for. The postmaster in each registration office, if requested in writing by the Immigration and Naturalization Service so to do, will make special arrangements for the registration and fingerprinting of alien inmates confined to penal and eleemosynary institutions within his registration area.

(e) Special arrangements on request for fingerprinting. The postmaster in each registration office, if requested in writing by the Immigration and Naturalization Service so to do, will make special arrangements for the registration and fingerprinting of aged, infirm, or otherwise incapacitated aliens within his registration area.

170.4 Method of registration; officers, postmasters, postal employees designated by postmasters and persons designated by the Commissioner of Immigration and Naturalization. (a) Any postmaster in a post office designated as a registration office, or postal employee designated by such a postmaster, or any immigrant inspector, naturalization examiner, special inspector, or Border Patrol inspector of the Immigration and Naturalization Service, or any other person heretofore or hereafter designated by the Commissioner of Immigration and Naturalization, shall be a registration officer, authorized to register and fingerprint aliens in accordance with the provisions of this Part: Provided, however, That on and after January 1, 1943, no postmaster or other postal employee shall exercise or perform any of the functions or duties of a registration officer unless such postmaster or postal employee has first been requested in writing by an officer of the Immigration and Naturalization Service to perform such functions and duties in connection with the case of a particular alien, and the registration and fingerprinting of any alien by a postmaster or other postal employee in contravention of this proviso shall be invalid as a compliance with the provisions of Title III of the Alien Registration Act, 1940.

*For statutory citation, see note to § 170.1.

(b) Certification of registration officers. Any postmaster who shall designate any person as a registration officer shall certify that fact to the Immigration and Naturalization Service.

(c) Forms for registration and fingerprinting. Registration shall be made by each person required to register himself or another, upon Form AR-2 (the primary registration form) and Form AR-3 (the attached receipt) and, in appropriate cases, on Form AR-2a (for supplemental information, to be made a part of Form AR-2) and Form AR4 (the fingerprint form); and the registration shall in all respects conform to these forms. However, if the alien required to be registered and fingerprinted is a seaman who was admitted to the United States as a nonimmigrant under the provisions of section 3 (5) of the Immigration Act of 1924, the provisions of this section and of sections 170.5 and 170.6 are to be followed except where there are special provisions prescribed in section 170.8 for the registration and fingerprinting of such seamen.

(d) Instructions for registration. Specimen copies of the registration form (Form AR-1) including abbreviated instructions and suggestions for the alien (or his parent or guardian) shall be printed and placed in all post offices or registration offices and in such other places as may be deemed appropriate for general distribution; and, together with copies of these regulations, shall be posted at prominent places in the registration offices.

(e) Duties of registration officers. The registration officer shall fill in the registration forms with information furnished him by the alien (or his parent or guardian) and all fingerprints shall be taken by the registration officer.

(f) Forms for fingerprinting. The registration officer shall take the complete fingerprints of each alien who is required to be fingerprinted in the space provided for that purpose on Form AR-4, and shall take a single, specified fingerprint on Forms AR-2 and AR-3. A parent or guardían registering on behalf of an alien need not be fingerprinted.

(g) Forms, signed and sworn to by registrant, or parent or guardian. The registration forms (Forms AR-2, AR-3, and, if used, AR-4 and AR-2a) must be personally signed and sworn to (or affirmed) by the alien (or his parent or guardian) before a registration officer.

(h) Registration forms may be signed by mark in presence of witness, if registrant is unable to write. If the alien (or his parent or guardian) is unable to write, he must make his mark in the signature space in the registration forms, and his mark shall be witnessed by a witness other than the registration officer. The witness shall sign his name and address on the registration forms near the mark, and the words "witnessed by" shall precede the witness's signature.

(i) Oath or affirmation to registration information required; duties of officers. If the alien (or his parent or guardian) has conscientious scruples against taking an oath, he may make affirmation to the truth and completeness of his statements and answers in the registration.