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grant and shall establish to the satisfaction of the examining immigration official (1) that the claimed relationship actually exists; (2) that the child or children are under 18 years of age; (3) that such husband or parent was born in one of such countries; and (4) that such husband or parent has been lawfully admitted to the United States for permanent residence and resides therein.
(c) An alien who is ineligible to citizenship or is a Chinese person as defined in § 110.35 of this Part, shall not be regarded as having the nonquota status described in paragraphs (a) or (b) of this section.* (Secs. 4 (c), 12 (a), 23, 43 Stat. 155, 160, 165; 8 U. S. C. 204 (c), 212 (a), 221; sec. 2, 57 Stat. 600)
110.40 Nonquota status; ministers and professors; students. (a) An alien, regardless of his race, who claims a nonquota status because for at least two years immediately preceding the time of his application for admission to the United States he has continuously been, and seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination or professor of a college, academy, seminary, or university shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only when it shall be established to the satisfaction of the examining immigration officer that he has been, and seeks to enter the United States solely for the purpose of, so carrying on his vocation. When an alleged wife, or an unmarried child or children under 18 years of age accompany such an alien or follow to join him and seek admission as nonquota immigrants on the ground that the husband or parent is or was a nonquota immigrant as described in this section, these claimed members of the family must also present immigration visas duly issued by an American consular officer, designating the wife or child or children as nonquota immigrants on such ground and satisfactory proof shall be required of the relationship asserted and the age of the child or children.
(b) An alien, regardless of his race, claiming to be a nonquota immigrant on the ground that he is a student as defined in § 125.1 of this chapter shall not be regarded as a nonquota immigrant unless provided with an immigration visa duly issued by an American consular officer designating the holder as such, and then only when the facts necessary to determine his status as a student are established to the satisfaction of the examining immigration officer.* (Secs. 4 (d), 4 (e), 23, 43 Stat. 155, 44 Stat. 812, 45 Stat. 1009, 43 Stat. 165; 8 U.S. C. 204 (d), 204 (e), 221; sec. 2, 57 Stat. 600)
110.41 Nonquota status; failure to prove on primary inspection. Where an immigrant claiming a nonquota status fails to meet the requirements of §§ 110.36, 110.37, 110.39, 110.40, he shall be held for examination in relation thereto by a board of special inquiry.* (Sec. 16, 39 Stat. 885, sec. 23, 43 Stat. 165; 8 Ú. S. C. 152, 221)
110.42 Financial status. In the absence of a statutory provision, no hard and fast rule can be laid down as to the amount
*For statutory citation, see note to § 110.1.
of money an alien should have. This is only one element to be considered in each case, but generally he should have enough to provide for his reasonable wants and those of accompanying persons dependent upon him until such time as he is likely to find employment; and when bound for an interior point, railroad ticket or funds with which to purchase the same.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (i))
110.43 Reading test; aliens subject thereto. All aliens over 16 years of age who are physically capable of reading except as specified in the statute and described in § 110.47, shall be required to demonstrate their ability to read matter printed in plainly legible type and in a language or dialect designated by the alien at the time of examination.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136
110.44 Reading test; general method of application. When applying the reading test immigration officers shall use the printed and numbered test slips supplied by the Central Office for that purpose, and a record shall be made upon the manifest or board minutes showing both the class and serial numbers of the slip used in each case and the language or dialect designated by the applicant and actually used in the examination. No two aliens listed upon the same manifest sheet shall be examined at seaports by the use of the same slip. If the examining inspector is unable to speak and understand the language or dialect in which the alien is examined, the services of an interpreter shall be used for interpreting into spoken English the printed matter as read by the alien, so that the examining inspector may compare such interpretation with the slip of corresponding serial number containing the English translation of the same reading matter.' (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (0))
110.45 Reading test; exceptional method of application. In all cases in which, because of lack of the qualified interpreters necessary for the observance of the general method prescribed in § 110.44, or for any other reason it is impracticable to adopt said general method, immigration officers may employ such other means as will clearly demonstrate the alien's ability, or lack of ability, to read.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (0))
110.46 Reading test; failure to read; procedure. In the event the applicant is subject to the reading test and is unable to satisfy the examining or challenging inspectors of his ability to read matter printed in the designated language or dialect, it shall be the duty of either the examining or the challenging inspectors to detain the applicant for special inquiry and to record upon the manifest and detention cards for the information of the board the class and serial numbers of the slip used or other means employed in the primary examinations to determine ability to read. (Secs. 3, 16, 39 Stat. 875, 885; 8 U. S. C. 136 (0), 152)
110.47 Exemptions from reading test. The following classes of aliens over 16 years of age are exempted by law from the reading test; viz:
(a) Physically incapable. Persons who are physically incapable of reading.
*For statutory citation, see note to § 110.1.
(b) Relationship. Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted aliens, when such persons are sent for or brought in by such citizens, admissible aliens, or admitted aliens: Father, if over 55 years of age; grandfather, if over 55 years of age; wife; mother; grandmother; unmarried daughter, or widowed daughter. (c) Religious persecution. Persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence.
(d) Returning residents. Persons who have been lawfully admitted to the United States and who have resided therein continuously for five years and who have returned to the United States within six months from the date of their departure therefrom.
(e) Transits. Persons in transit through the United States. (f) Transits through contiguous territory. Persons who have been lawfully admitted to the United States and who later go in transit from one part of the United States to another through foreign contiguous territory. The period an alien may remain in foreign contiguous territory while in transit under this exemption shall be limited to 60 days. An alien may leave and enter the United States at the same port and still be in transit within the meaning hereof.
(g) Exhibitors. Exhibitors and employees affairs and expositions authorized by Congress.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 186 (0))
110.48 Unaccompanied children; admission. Children under 16 years of age unaccompanied by or not coming to one or both of their parents may be admitted on primary examination when the immigration officer is satisfied that they are in good mental and physical condition, that while abroad they have not been the objects of public charity, that they are going to near relatives who are able and willing to support and properly care for them, that it is the intention of such relatives to send such children to day school until they reach the age of 16, and that they will not be put_at work unsuited to their years; or that the children are to attend a designated reputable institution of learning for which suitable provision has been made in advance, or that the children are merely in transit and the person accompanying such children will convey them through and out of the United States, or that the children are to make a temporary visit to their relatives.* (Sec. 3, 39 Stat. 875; 8 U.S. C. 136 (m))
110.49 Unaccompanied children; exceptional cases. In cases where all of the conditions set forth in § 110.48 are not met, but the immigration officer on primary examination is satisfied that the applicant is admissible, the case may be referred to the officer in charge and if he likewise is satisfied of the applicant's admissibility the case may be disposed of on primary examination; otherwise it shall be referred to a board of special inquiry." (Sec. 8, 16, 39 Stat. 875, 885; 8 U. S. C. 136 (m), 152)
*For statutory citation, see note to § 110.1.
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 applying 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 *For statutory citation, see note to § 110.1.
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)
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 located 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.