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(f) An alien immigrant lawfully admitted into the United States and returning from a visit not exceeding 30 days to contiguous territory where, because of urgency such as one involving serious illness or death, no opportunity existed to obtain a reentry permit or a resident alien's border-crossing identification card prior to departure from the United States;

(g) Aliens, occupationally seamen, previously lawfully admitted for permanent residence, who have not relinquished their domicile in the United States and who are returning to the United States in accordance with the terms of the articles of outward voyage, or in accordance with and following the terms of their discharge before an American consular officer;

(h) Alien members of the armed forces of the United States, provided they are in uniform or bear documentation identifying them as members of the armed forces;

(i) Individual cases considered by the Department of Justice to be within the provisions of section 13 (b) of the Immigration Act of 1924 may be submitted to the Secretary of State for consideration of a waiver of documents in each case.*

175.45 Nonimmigrants not required to obtain permits to enter. Pursuant to the provisions of section 30 of the Alien Registration Act, 1940 (54 Stat. 673; 8 U. S. C. 451), Executive Order 8766 of June 3, 1941, and the proclamation of the President hereinbefore mentioned, the following classes of nonimmigrants are not required to obtain permits to enter and the requirements of nonimmigrant visas, border-crossing identification cards, transit certificates, and limited-entry certificates, which constitute permits to enter in respect of nonimmigrants, are waived in the following classes of emergency cases:

(a) Canadian railway-mail clerks entering in connection with their official duties, provided they carry documents identifying them as such;

(b) Aliens residing in remote sections of Canada and entering Alaska temporarily as visitors or as transients, who are unable without undue inconvenience to obtain passports and visas;

(c) Members of the staff of the International Fisheries Commission and the International Pacific Salmon Fisheries Commission entering the United States temporarily in connection with the performance of their official duties, provided they carry documents bearing photographs and identifying them as members of the staff of the Commissions;

(d) Officers and employees of the International Boundary Commissions who are citizens of Canada or Mexico entering the United States temporarily from Canada or Mexico in connection with their official duties;

(e) Immigration and customs officers of the Canadian and Mexican Governments entering the United States temporarily in the performance of their official duties;

(f) Employees of the Mexican Postal Service assigned to border areas entering the United States temporarily in the performance of their official duties, who have credentials establishing their identity and their official duties in the region of the border;

*For statutory citation, see note to $ 175.41.

(g) Fire-fighting groups entering the United States temporarily for fire-fighting activities;

(h) Members of the Plant Protection Division of the Canadian Department of Agriculture entering the United States temporarily in connection with their official duties;

(i) Canadian law-enforcement officers entering the United States temporarily in connection with their official duties and possessing identification as such;

(j) Residents of Canada or Mexico entering the United States temporarily in urgent cases, such as those involving serious illness or death, where no opportunity exists to obtain a passport or a visa, a border-crossing identification card, or a limited-entry certificate;

(k) Canadian citizens entering for a temporary stay of less than thirty days at Point Roberts, Washington;

(1) Naval personnel of foreign government-owned vessels of war; (m) British subjects domiciled in the British Virgin

Islands and French citizens domiciled in the French Island of St. Bartholomew, seeking admission into the Virgin Islands for business or pleasure for a period of less than thirty days on any one visit;

(n) Aliens residing in the Virgin Islands who have occasion to proceed temporarily to the British Virgin Islands or to the French Island of St. Bartholomew;

(0) Responsible officials of the national governments of Canada or Mexico, who proceed unexpectedly to the border and who seek to enter the United States temporarily for business or pleasure;

(p) Special cases of unforeseen emergency in which the Secretary of State is satisfied that the aliens concerned are entering temporarily and have had no reasonable opportunity to procure appropriate documents;

(q) A national of a contiguous country passing in direct transit, without stop-over, from the country of residence through the United States back to the country of residence, by means of a transportation line which runs through the territory or waters of both countries;

(r) An alien arriving at a seaport in Canada passing in direct transit by continuous journey through the United States to a destination in Canada, by means of a transportation line which runs through the territory of both countries;

(s) Persons proceeding in continuous travel from Patterson, British Columbia, to Laurier, British Columbia;

(t) A nonimmigrant alien child born subsequent to the issuance of the passport visa of an accompanying parent, the visa not having expired;

(u) Residents of the Fiji Islands and remote Pacific islands who, after arrival at ports of entry in Hawaii or on the Pacific Coast are found by the Immigration authorities to be classifiable as bona fide nonimmigrant temporary visitors under section 3 (2) of the Immigration Act of 1924 or as transients under section 3 (3) of the act;

(v) Canadian seamen sent forward to join vessels in ports of the United States, provided they present seamen's identification cards;

(w) Seamen whose occupational status as such is found to be bona fide, seeking admission as passengers solely in pursuit of their calling as seamen, if arriving in the United States under the following circumstances:

(1) Seamen who were members of the crew of an American vessel which has been sold and delivered abroad, when the contract of employment provides for the return of the crew or when the laws of the United States provide for their return to an American port;

(2) Shipwrecked or cast-away seamen rescued by, or transferred at sea to, a vessel bound for an American port;

(3) Seamen who are American consular passengers or who are repatriated without expense to the United States Government following, and in accordance with the terms of, their discharge in a foreign port before an American consular officer;

(x) Seamen, entering temporarily as such, who are members of the crew of a vessel arriving from a port at which there is no American consul and the master of the vessel was unable to obtain a crew-list visa from a nearby consular officer without undue delay of the vessel's departure;

(y) Members of the crew of a vessel operating on a regular service between a port in Florida and Habana, Cuba, entering temporarily as seamen, are exempt from the crew-list visa requirement, except that a new crew-list visa must be presented (1) to cover the first trip each month of each such vessel and (2) to cover an additional seaman who is signed on as a member of the crew during the month;

(2) Members of the crews of vessels sailing between ports of the United States and Canada or Newfoundland which do not touch at ports of other countries, who are entering the United States temporarily as seamen, are exempt from the crew-list visa requirement;

(aa) An alien lawfully admitted to the United States as a nonimmigrant who is proceeding by vessel or airplane from the mainland to an insular possession or territory or from an insular possession or territory to the mainland or from one mainland port to another, without stopover, although touching at a foreign port;

(bb) Persons presenting certificates of identity issued by American consular officers under the provisions of section 503 of the Nationality Act of 1940 and the regulations issued thereunder (see 22 CFR. 19.18–19.29).* 175.46 Refusal of permission to enter. (a) No permit to

) enter shall be issued to any alien if the issuing authority has reason to believe that the entry of the alien would be prejudicial to the interests of the United States.

(b) The permit-issuing authority shall report the refusal of a permit to the head of his department. If a permit is refused by an officer of the Immigration and Naturalization Service of the Department of Justice on the ground that he has reason to believe that the entry of the alien would be prejudicial to the interests of the United States, the Attorney General may, after consultation with the Secretary of State, authorize issuance of the permit if he is satisfied that entry of the alien would not be prejudicial to the interests of the United States. If a permit is refused by any other officer of the United States authorized to issue documents constituting permits to enter under these regulations, the Secretary of State, or an official designated by him, may authorize the issuance of a permit to enter if he is satisfied that the entry of the alien will not be prejudicial to the interests of the United States. The report of a refusal of a permit to enter made to the head of a department other than the Secretary of State shall be communicated to the Secretary of State.*

*For statutory citation, see note to g 175.41

175.47 Classes of aliens whose entry is deemed to be prejudicial to the public interest. The entry of an alien who is within one of the following categories shall be deemed to be prejudicial to the interests of the United States for the purpose of these regulations:

(a) Any alien who belongs to one of the classes specified in the Act of October 16, 1918 (40 Stat. 1012) as amended;

(b) Any alien who is a member of, affiliated with, or may be active in the United States in connection with or on behalf of a political organization associated with or carrying out the policies of any foreign government opposed to the measures adopted by the Government of the United States in the public interest or in the interest of national defense or in the interest of the common defense of the countries of the Western Hemisphere;

(c) Any alien in possession of, or seeking to procure, unauthorized secret information concerning the plans, preparations, equipment, or establishments for the national defense of the United States;

(d) Any alien engaged in activities designed to obstruct, impede, retard, delay, or counteract the effectiveness of the measures adopted by the Government of the United States for the defense of the United States or for the defense of any other country;

(e) Any alien engaged in activities designed to obstruct, impede, retard, delay, or counteract the effectiveness of any plans made or steps taken by any country of the Western Hemisphere in the interest of the common defense of the countries of such Hemisphere;

(f) Any alien engaged in organizing or directing any rebellion, insurrection, or violent uprising against the United States;

(g) Any alien engaged in a plot or plan to destroy materials or sources thereof vital to the defense of the United States;

(h) Any alien whose admission would endanger the public safety, as provided in any Executive Order issued in pursuance of the Act of Congress approved June 20, 1941 (Public Law 113, 77th Cong.);

(i) An alien enemy in the United States as defined or contemplated by any proclamation of the President issued after December 1, 1941, or an alien who, if admitted into the United States, would

• For statutory citation, see note to $ 175.41

be an alien enemy under any such proclamation : Provided, That such alien may be excepted from this provision in the discretion of the Secretary of State, on a recommendation by the board of appeals to be made after consideration of the case by the interdepartmental committee and the committee of review.

(j) Any alien who is not within one or more of the foregoing classes, but in whose case circumstances of a similiar character may be found to exist, which render the alien's admission prejudicial to the interests of the United States, which it was the purpose of the Act of June 21, 1941, to safeguard.*

175.48 Aliens leaving close relations in certain foreign countries. The fact that a spouse, or a relative of the first degree of consanguinity, with whom the applicant has maintained close family ties, remains abroad in any country, or in territory under the control of any country, the government of which is opposed to the measures of the Government of the United States with regard to the wars now being waged in the Eastern Hemisphere, may be considered with other evidence in determining whether an alien's permit to enter should be denied upon the ground that the alien is within one or more of the categories set forth in § 175.47.*

175.49 Permission to enter the Panama Canal Zone, Guam, American Samoa, and the Philippine Islands. In addition to all applicable restrictions set forth in these regulations, an alien seeking to enter the Panama Canal Zone, Guam, and American Samoa shall follow such procedure as may be prescribed by the Governors thereof, and an alien seeking to enter the Philippine Islands shall follow such procedure as may be prescribed by the United States High Commissioner to the Philippine Islands after consultation with the military and naval authorities of the United States and the Government of the Commonwealth of the Philippines. The said officials are hereby authorized to make such additional regulations as may be required, in their judgment, to carry out the restrictions contained in these regulations. 175.50 Entry not permitted in special cases. (a) Any alien,

) even though in possession of a permit to enter, or exempted under these regulations from obtaining a permit to enter, may be excluded temporarily if at the time he applies for admission at a port of entry it appears that he is or may be within one of the categories set forth in $ 175.47. The official excluding the alien shall immediately report the facts to the head of his department, who will communicate such report to the Secretary of State. Any alien so temporary excluded by an official of the Department of Justice shall not be admitted and shall be excluded and deported unless the Attorney General, after consultation with the Secretary of State, is satisfied that the admission of the alien would not be prejudicial to the interests of the United States. Any alien so temporarily excluded by any other official shall not be admitted and shall be excluded and deported unless the Secretary of State is satisfied that the admission of the alien would not be prejudicial to the interests of the United States.

(b) In the case of an alien temporarily excluded by an official of the Department of Justice on the ground that he is or may be within

*For statutory citation, see note to $ 175.41.

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