one or more of the categories set forth in § 175.47, no hearing by a board of special inquiry shall be held until after the case is reported to the Attorney General and such a hearing is directed by the Attorney General or his representative. In any special case the alien may be denied a hearing before a board of special inquiry and an appeal to the Board of Immigration Appeals if the Attorney General determines that he is within one of the categories set forth in § 175.47 on the basis of information of a confidential nature the disclosure of which would be prejudicial to the public interest.* 175.51 Procedure for issuance of permits to enter. Applications for documents which are permits to enter under these regulations shall be made as provided by the rules and regulations applicable to the issuance of such documents and in accordance with the additional requirements for admission to the United States provided in these regulations. With the exceptions hereinafter specified, no permit to enter shall be issued until after the permitissuing authority shall have received from the Secretary of State an advisory opinion or instruction recommending the issuance of a permit. 175.52 Additional requirements for officials of foreign governments. In addition to all other requirements, any official, employee, or agent of a foreign government proceeding to the United States temporarily as a tourist or on personal business or for pleasure, or proceeding through the United States to a foreign destination, must disclose in connection with his application for a permit to enter his official governmental position, status, or connection and must not engage while in the United States in any official activity on behalf of his government without first having been recognized by the Secretary of State, and he is hereby prohibited from engaging in any such activity in the United States unless and until he obtains a change of status from that of a visitor to that of an official on official business. Failure to disclose his official position, status, or connection in making application for a permit to enter, or engaging in any official business in the United States prior to such change of status, shall be punishable as a breach of these regulations.* 175.53 Additional requirements for aliens in transit. In addition to all other requirements, an alien seeking admission in transit through the United States to a foreign destination by virtue of a transit certificate must submit to the Immigrant Inspector or to an officer acting in such capacity at the port of arrival three copies of his itinerary to the port of departure, one copy of which shall be transmitted immediately to the port of departure for verification of the transit journey and departure, and one copy to the Secretary of State. No deviation or delay in the transit journey will be permitted without the consent of the Secretary of State or the Attorney General.* 175.54 Additional requirements for alien seamen. In addition to all other requirements, no non-resident alien seaman employed on any vessel arriving in the United States from any place outside thereof shall be granted shore leave or be permitted to go ashore in the United States except with the approval of the master *For statutory citation, see note to § 175.41. and in the discretion of the immigration officials at the port of arrival acting under authority of the Attorney General. The period of shore leave granted a seaman shall not exceed that during which the vessel on which he arrived will remain in a port of the United States, unless the Attorney General, in his discretion, concurs in the granting of a longer period of shore leave.* 175.55 Exceptions from requirements of advisory opinions. (a) Final action may be taken on applications for permits to enter without prior submission of applications to the Secretary of State, as provided in § 175.51 hereof, in the following classes of cases: (1) Applicants for reentry permits or the renewal thereof. (2) Applicants for border-crossing identification cards who have been previously lawfully admitted into the United States for permanent residence. (3) Applicants for non-resident border-crossing identification cards who are citizens and residents of Mexico, born therein or born abroad of a native Mexican father, and Canadian citizens or British subiects domiciled in Canada or Newfoundland. (4) Applicants for any kind of permit to enter, who are nativeborn citizens of the independent countries of the Western Hemisphere, citizens of Canada or Newfoundland, British subjects born or domiciled in any Western Hemisphere territory: Provided, Such persons are sufficiently known by or to the permit-issuing authority to warrant a conclusion that the admission of the applicants would not be prejudicial to the interests of the United States (the wives and minor children of such persons, who have the same nationality status, may be included in this category regardless of the place of birth of such wives and children). (5) Applicants for nonquota section 4 (a) immigration visas in whose behalf a relative petition (Form 633) shall have been approved by the Department of Justice. (6) Applicants for nonquota section 4 (b) immigration visas in Western Hemisphere countries. (7) Applicants for transit certificates, who are proceeding to Canada or British territory in the Western Hemisphere and who have received advance permission to enter Canada or such British territory. (8) Applicants for replace immigration visas who, because of their inability to procure passage or transportation to the United States, were unable to use their original immigration visas issued after July 1, 1941. (9) Applicants for any kind of permit to enter, who are under 18 years of age, who have previously been lawfully admitted into the United States for either temporary or permanent residence, and who are applying in Western Hemisphere countries for permits to enter. (10) Bona fide alien seamen included in crewlists submitted for visas. (11) Female applicants who were formerly American citizens and who have lost their citizenship by marriage to aliens. 3 (12) Native-born citizens of Iceland domiciled therein and natives of Greenland of Danish nationality domiciled in Greenland. *For statutory citation, see note to § 175.41. 568700°-44- 43 (13) Members of British military or naval forces who are recommended by their responsible superior officer. (14) Officials of governments of the countries of the Western Hemisphere and British Government officials, the members of their families, and their attendants, servants and employees accompanying them. (15) The lawful wife and alien minor children of an alien Chinese merchant who have complied with the preinvestigation procedure prescribed by the applicable regulations of the Immigration and Naturalization Service governing admission of Chinese. (16) Cases concerning which the Secretary of State shall have issued special instructions to the permit-issuing authority. (b) Notwithstanding the aforesaid exceptions a permit-issuing authority may refer any application to the Secretary of State for an opinion or decision, if he deems it to be doubtful whether the applicant comes within one of the excepted classes or if he considers that there is a question whether the entry of an alien who comes within one of such classes would be likely to prejudice the interests of the United States. Officers of the Immigration and Naturalization Service will refer such cases to the Attorney General.* 175.56 Sponsorship of applicants. (a) An applicant for a permit, not excepted under § 175.55 from the requirement of an advisory opinion, must be sponsored by citizens of the United States or by alien residents of the United States lawfully admitted for permanent residence. Supporting statements of sponsorship under oath in accordance with the requirements of Form BC, prescribed pursuant to these regulations, shall be furnished to the Secretary of State. Husbands, wives, and their children under 18 years of age traveling together may be included in one Form BC. Two letters of reference from reputable and responsible persons, preferably American citizens, who know the person or persons executing the form, must be attached thereto. (b) Form BC shall consist of: Part B. Biographical data. A statement executed under oath and containing biographical data concerning each applicant for a permit to enter. Part C. Affidavit of support and sponsorship. If the applicant is not self-supporting, statements of two persons executed under oath and containing information concerning the affiants' identity and financial condition and their undertaking to support the applicant, shall be furnished in accordance with the requirements of part C of Form BC. If the applicant is self-supporting, statements of two persons executed under oath shall be furnished in the space provided for an alternative statement in accordance with Form BC. (c) Form K. Authorization to act as intermediary. In the discretion of the Secretary of State a person who desires to act as attorney or other intermediary on behalf of a sponsor may be required to present Form K, executed by the sponsor authorizing him to do so.* 175.57 Procedure in formulating advisory opinions. (a) Form BC, when properly executed and received in the Depart ment of State, shall be considered by an inter-departmental com-i mittee, together with all the documents attached thereto and all other information which may be available concerning the applicant for a permit to enter, his sponsors, and their references. The inter-departmental committee shall be composed of one representative of each of the State, War, and Navy Departments, and of the Federal Bureau of Investigation and the Immigration and Naturalization Service of the Department of Justice. Each member of the inter-departmental committee shall be permitted to express his opinion concerning the eligibility of the applicant to receive a permit to enter. Such opinions shall be recorded and shall be considered confidential. A majority opinion shall constitute the opinion of the committee. (b) If the committee's opinion is that a permit to enter may be granted, and if such opinion is acceptable to the Secretary of State, it may be transmitted to the permit-issuing authority, thereby becoming the advisory opinion of the Department of State. I (c) If the committee's opinion is not acceptable to the Secretary of State, or if the opinion is that a permit to enter should not be issued, or if any member of the committee so requests, the opinion of the committee shall be referred to a committee of review, together with the complete record in the case. The committee of review shall be composed of one representative of each of the agencies named in paragraph (a) of this section. The committee of review shall consider the record forwarded from the inter-departmental committee and may allot a limited time for the appearance of an alien's sponsors or other interested persons, who may submit statements. The committee may make rules and regulations governing the appearance before it of sponsors, attorneys, agents, or other intermediaries. Statements made by persons appearing before the committee of reviews shall be under oath. After being duly sworn a sponsor shall answer any material interrogatories which may be addressed to him by the members of the committee. Confidential information in the possession of the committee shall not be disclosed to the sponsor or to his attorney, agent, or other intermediary. (d) If the opinion of the committee of review is that a permit to enter may be granted, and if such opinion is acceptable to the Secretary of State, it may be transmitted to the permit-issuing authority, thereby becoming the advisory opinion of the Department of State. (e) If the opinion of the committee of review is not acceptable to the Secretary of State, or if the opinion is that a permit to enter should not be issued, or if any member of the committee so requests, the opinion of the committee shall be referred to a board of appeals, together with the complete record in the case. The board shall be composed of two members appointed by the President. The board shall preserve the confidential character of any information in the record. Cases shall be considered and decided by the board of appeals solely upon the basis of the written record 翼 as made up in the committees. If the opinion of the board of appeals is not acceptable to the Secretary of State, or if the members of the board are unable to agree on any particular case, the Secretary of State may substitute his own opinion, which shall be final and shall be transmitted to the permit-issuing authority as the advisory opinion of the Department of State. (f) Each member of the inter-departmental committee, committee of review, or board of appeals, shall, while the case of an applicant for a permit to enter is under consideration by his committee or board, express his opinion of the applicant's eligibility for entry solely with reference to one of the categories set forth in § 175.47 of these regulations, and in the case of an adverse opinion the particular category involved shall be specified and recorded. The record thereof shall be confidential, and only the recommendation of the committee or board, without the reasons therefor, shall be disclosed. (g) The board of appeals may not reconsider any case until after the lapse of a period of six months from the date of the previous opinion of the board in the case concerned. The board shall have the power to remand any case to the committee of review or to the interdepartmental committee for investigation and reconsideration, without expressing an opinion concerning the case. (h) If a permit-issuing authority who shall have received an advisory opinion from the Department of State is in possession of information which indicates that the entry of the alien concerned would be prejudicial to the interests of the United States as provided in § 175.47 hereof, action shall be suspended on the case and a full report shall be submitted to the Secretary of State. The permit-issuing authority shall thereafter be guided by any further advisory opinion received from the Secretary of State regarding the question whether the entry of the particular applicant for a permit to enter would be prejudicial to the interests of the United States under these regulations.* 175.58 Effective date. These regulations shall become effective on December 1, 1941.* *For statutory citation, see note to § 175.41. |