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110.50 Stowaways. Aliens arriving at seaports of the United States as "stowaways" or alien "stowaways" who arrived as “workaways" shall be held for examination by a board of special inquiry. Unless the board reaches the conclusion that beyond a doubt the alien, except for being or having been a stowaway, is entitled to land, it shall exclude. Such an alien is entitled to appeal unless he is certified as afflicted with diseases or disabilities as specified in the proviso of section 17 of the Immigration Act of 1917. (Secs. 3, 16, 17, 39 Stat. 875, 885, 887; 8 U.S. C. 136 (1), 152, 153)
110.51 Aliens previously rejected; exclusion; permission to reapply. Any alien excluded from admission and deported in pursuance of law who applies for admission within one year after such rejection and deportation shall be excluded, unless, prior to reembarkation at a place outside the United States or his attempt to be admitted from foreign contiguous territory, the Attorney General has consented to his reapplication for admission. At the time of original exclusion by a board of special inquiry, an applicant shall be advised of the provisions of law relating to the obtaining of permission to reapply within one year, and the fact of such notification shall be entered on the record, together with the applicant's foreign address. In strictly meritorious cases, where the cause of exclusion may be readily overcome, applicants may be advised by the board of special inquiry that an application for permission to reapply may then and there be made. If the applicant desires to make such application, the board record shall thereupon be forwarded to the Department, whether or not an appeal is taken from the excluding decision. In other cases applications for the privilege to reapply should be submitted to the official in charge at the port of last exclusion, and will be forwarded by such official through proper channels to the Central Office, accompanied by the record previously formulated, unless the Central Office through appeal proceedings has already come into possession of the record. If upon consideration of the record the Attorney General grants permission to reapply within one year of date of exclusion, notification of such permission shall be transmitted to the port where alien was excluded, if he has not already been deported, or to his foreign address, if he has actually been deported.* (Sec. 1 (d), 45 Stat. 1551; 8 U. S. C. 136 (j))
110.52 Aliens previously arrested and deported; exclusion; permission to reapply. Any alien heretofore or hereafter arrested and ordered deported in pursuance of law shall be excluded from admission to the United States : Provided, however, That the foregoing shall not apply to any alien who was arrested and deported prior to March 4, 1929, and prior to his reembarkation at a place outside the United States, or prior to his application in or from foreign contiguous territory for admission to the United States, and prior to March 4, 1929, has been granted permission to apply for admission by the Attorney General, and when so apply. ing is found admissible; or to any other alien so ordered deported who has left the United States, if prior to reembarkation from a point outside the United States, or prior to his application in or from foreign contiguous territory for admission to the United States he applies for and obtains from the Attorney General permission to apply for admission after one year from the date of his departure in pursuance of an order of deportation, and is found admissible. Application for permission to reapply may be made at any time after such departure.* (Sec. 1 (a-c), 45 Stat. 1551, sec. 7,47 Stat. 166; 8 U.S. C. 180, 181)
*For statutory citation, see note to 8 110.1.
110.53 Immigrants, possessing proper documents, but who entered without examination; procedure. Where an alien is found in the United States in possession of an immigration visa or a reentry permit, who failed to undergo proper examination at a port of entry, such alien shall be examined in the district where Iocated or residing, and complete record of the case, including his or her visa or reentry permit, shall be forwarded to the Central Office for consideration by the Department. If the Department directs admission, the officer in charge of the district where the examination has taken place will be so advised and furnished with the visa or permit, and he will thereupon cause the alien to be properly recorded as admitted, or if entry occurred in another district, he will forward the visa or permit to the officer in charge of that district for such recording, together with a duplicate copy of the entire record of examination, which record should include appropriate statistical data, postal money order for the head tax (where the latter is required), together with complete details concerning the time, place, and manner of the entry. It is essential that officers conducting such examinations shall go thoroughly into the circumstances attendant upon the failure of the alien to undergo proper examination at the time of entry, and particularly so if said entry occurred through a regular port, for the purpose of fixing the responsibility for failure to undergo inspection, as well as the actual date of the alien's entry, the port through which entry was made, and the means of transportation employed. Record of admission, if and when made, will be as of the actual date, place, and manner of arrival in the United States. If admission is not directed, instruction will be given for such other action as the circumstances may warrant.* (Sec. 2 (e), 43 Stat. 154; 8 U.S. C. 202 (e))
110.54 Resident aliens' border crossing identification cards; qualifications necessary to obtain. (a) A resident alien's border crossing identification card may be issued to any alien who submits satisfactory evidence that he (1) has been legally admitted to the United States for permanent residence and has not relinquished the status of a permanent resident, (2) has complied with the applicable provisions of the Alien Registration Act, 1940, and (3) has a legitimate purpose and reasonable need to make a temporary visit or visits to contiguous foreign territory, with no single visit to exceed a period of six months: Provided, however, That no such card may be issued nor shall any such card previously, issued be renewed unless the applicant or holder thereof is known or shown to be a person who is permitted to depart from the United States under the terms of laws, regulations, Executive Orders, or other governmental restrictions regulating the departure of aliens from the United States in effect at the time application for such card or renewal thereof is made. *For statutory citation, see note to $110.1.
(b) No border crossing card issued to a resident alien under regulations or instructions heretofore in effect shall be renewed unless the holder satisfactorily establishes that he has complied with the applicable provisions of the Alien Registration Act, 1940. When an alien has been assigned a registration number that number, when known, shall be shown on his resident alien's border crossing identification card.* (Sec. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.55 Resident aliens' border crossing identification cards; application and preparation. Application for a resident alien's border crossing identification card may be made, upon a form prescribed for that purpose, at any immigration and naturalization field office in the continental United States. The applicant shall appear in person and, under oath or affirmation, shall execute his application before an immigrant inspector. The applicant shall furnish three photographs, size 2 by 2 inches, the distance from the top of head to point of chin to be approximately 144 inches, unmounted, printed on thin paper with a
ht background, clearly showing a full front view of the features of the applicant without hat, and they shall have been taken within 30 days of the date when they are furnished. The identification card shall be prepared in duplícate, with a photograph of the applicant affixed to the original and to the duplicate. Entries on the card shall be made by typewriter, if practicable, or in ink, and the appli. cant shall sign the original and duplicate in ink, either with his full name or by witnessed mark after proper identification. The application, with a photograph of the applicant attached, shall be retained in the office where it is made.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.56' Resident aliens' border crossing identification cards; use. A resident alien's border crossing identification card may be used by its rightful holder, under the conditions specified in § 110.58, at any port of entry in the continental United States, including Alaska. The applicant shall state in his application the port of entry at which he expects to make most frequent use of the card, or in the case of an applicant who intends to use the card for only one reentry, the port at which he expects to make that reentry, but such designations in the application shall not affect the right of the holder to present his card at some other port of entry. The original card shall be given to the applicant by the issuing office, and the duplicate card shall be kept at or sent to the port which the applicant has designated as the place where he expects to make most frequent use of the card or where he expects to reenter after a single visit abroad. The duplicate shall thereafter remain on file at such port unless it is deemed advisable to transfer it to some other port.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U. S. C. 451, 458)
110.57 Resident aliens' border crossing identification cards; period of validity; issuance, revalidation, and cancelation discretionary. A resident alien's border crossing identification card shall be valid for an initial period of 6 months, and may be revalidated for additional periods of 6 months each. In the discretion of the revalidating officer, a card may be revalidated for an additional 6 months even though the period of its present validity has not expired, but in such cases the new period of validity shall extend for 6 months from the date of revalidation and not from the date on which the validity of the card otherwise would have expired. The revalidation preferably should be accomplished by the original issuing office, but if that is not practicable, it may be done by any other office. Before any card is revalidated inquiry shall be made to determine whether the holder is eligible to continue its use. The revalidating office may request that the inquiry be made by another office of the Service. When a card is revalidated a notation showing the date and place of revalidation and the signature of the validating officer shall be placed on the card in ink. The issuance or revalidation of any such card shall rest within the discretion or the officer considering the application for issuance or the revalidation. If at any time it appears to any officer of the Service that a resident alien's border crossing identification card is in the possession of a person who is no longer entitled to its use, or that it is being illegally or improperly used, or that other reasons justify such action, the card may be lifted. After consideration of the facts, the officer in charge of the district in which the card was lifted may cancel it for cause, or may in his discretion return it to the alien. Information concerning the revalidation or cancelation of any such card shall be furnished the office or offices where the application and duplicate card are filed.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
*For statutory citation, see note to § 110.1
110.58 Resident aliens' border crossing identification cards; reentry of holders. (a) The holder of a resident alien's border crossing identification card issued under $ 110.54 may present that document in lieu of an immigration visa or reentry permit when applying for admission to the United States as a returning legal resident after an absence from the United States of not to exceed 6 months, provided that during such absence he shall not have visited any foreign territory other than that contiguous to the United States. The presentation of a resident alien's border crossing identification card shall not otherwise relieve the applicant from establishing that he is not subject to exclusion from the United States.
(b) Except as heinafter provided, no applicant for admission shall be entitled to reenter the United States upon the basis of a resident alien's border crossing identification card which was issued more than 6 months prior to his application for admission, unless such card has been revalidated and the period of revalidation extends to or beyond the date of his application for admission. Any alien who presents a card the validity of which has expired shall be required to obtain an immigration visa before being readmitted to the United States as a returning legal permanent resident, except that in any case where the alien has not been absent for more than 6 months and it shall appear to the satisfaction of the officer in charge at the port where the alien seeks to reenter that his return to the United States during the period of validity of his card was prevented by illness, hospitalization, or other circumstances which in the opinion of the officer in charge justify such action, the said officer in charge is authorized to revalidate the card as of the date of the application for reentry and to admit the alien upon the basis of the revalidated card if he is otherwise entitled to readmission.* (Secs. 30 and 37 (a); 54 Stat. 673, 675; 8 U.S. C. 451, 458)
*For Statutory citation, see note to $ 110.1.
110.60 Nonresident aliens' border crossing identification cards; temporary admission of nonresident aliens who are citizens of Canada, Newfoundland, or Mexico and domiciled therein, or British subjects domiciled in Canada or Newfoundland. Aliens who are citizens of Canada, Newfoundland or Mexico and domiciled therein or British subjects domiciled in Canada or Newfoundland and who are otherwise admissible, may be admitted to the United States for a period of less than 30 days upon presentation of a border crossing identification card which (1) has been issued to the holder, within 1 year of the date of the application for admission, by a United States diplomatic or consular officer or immigrant inspector, and (2) is attached to a passport or document in the nature of a passport duly issued to the holder by the appropriate authorities of Canada, Newfoundland, or Mexico, notwithstanding that such aliens are not in possession of a consular visa or reentry permit.* (Secs. 30 and 37 (a) 54 Stat. 673, 675; 8 U.S. C. 451, 458)
110.61' Nonresident' aliens' border crossing identification cards; issuance by immigrant inspectors to nonresident aliens who are citizens of Canada, Newfoundland, or Mexico and domiciled therein, or British subjects domiciled in Canada or Newfoundland. Immigrant inspectors at land border ports of entry are authorized to issue nonresident aliens' border crossing identification cards to aliens who (1) are citizens of Canada, Newfoundland, or Mexico and domiciled therein or British subjects domiciled in Canada or Newfoundland, (2) present a valid passport or document in the nature of a passport duly issued to the holder by the appropriate authorities of Canada, Newfoundland, or Mexico, (3) desire temporary admission into the United States for a period of less than 30 days, and (4) are otherwise admissible to the United States. Such aliens shall be required to fill out and sign under oath an application (Form No. 257A) stating the applicants legal name in full; the place and date of the applicant's birth; the nature of the travel document presented by the applicant; by whom the applicant is accompanied; the applicant's present address; the applicant's address (if any) in the United States; the purpose of the applicant's entry; and the length of the applicant's proposed stay; and stating further the applicant's understanding that he will be required to depart from the United States at the end of his sojourn and that if he remains in the United States for 30 days or longer he will be required prior to the expiration of the 30-day period to register and be fingerprinted in accordance with the provisions of the Alien Registration Act, 1940. *For statutory citation, see note to $110.1.