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granted. The Secretary of State reserves the power to revoke a permit which has been issued by any permit-issuing authority.

(g) No permit to depart from the United States shall be construed as a permit to enter any place in the United States.* 175.32 Effective date. These regulations shall become effective on December 1, 1941.*

ALIENS ENTERING

175.41 Definitions. For the purposes of these regulations: (a) The term "United States" includes the States, the District of Columbia, Alaska, the Panama Canal Zone, the Philippine Islands, Hawaii, Puerto Rico, the Virgin Islands, Guam, American Samoa, and all territory and waters, continental or insular, subject to the jurisdiction of the United States.

(b) The term "continental United States" includes the territory of the several States, the District of Columbia, and Alaska.

(c) The term "permit to enter" means an immigration visa, a reentry permit, a passport visa, a transit certificate, a limitedentry certificate, a border-crossing identification card, a crew-list visa, or any other document which may be required under authority of law for entry into the United States.

(d) The term "permit-issuing authority" means a diplomatic, consular, or other officer of the United States authorized to issue immigration visas, passport visas, crew-list visas, transit certificates, limited-entry certificates, or non-resident border-crossing identification cards, or an officer of the Immigration and Naturalization Service authorized to issue re-entry permits, or bordercrossing identification cards.

(e) The term "entry into the United States" includes any entry by land, water, or air, from any place outside of the United States into any place included within the United States, or from any outlying possession of the United States into the mainland, or from the mainland into any outlying possession, or from one outlying possession into another.

(f) The term "seaman" includes every alien signed on the ship's articles and employed in any capacity on board any vessel arriving in the United States from any place outside of the United States.

(g) The term "airman" includes any alien pilot, navigator, aviator, or other alien person operating or employed on any aircraft. (h) The term "port of entry" means a port in the continental United States, the Virgin Islands, Puerto Rico, or Hawaii designated as a port of entry by the Attorney General or the Commissioner of Immigration and Naturalization, or such ports in the Panama Canal Zone, Guam, and American Samoa as may be designated by the Governors thereof, or a port in the Philippine Islands designated by the United States High Commissioner to the Philippine Islands, after consultation with the military and

*For statutory citation, see note to § 175.21.

naval authorities of the United States and the Government of the Commonwealth of the Philippines.*

*§§ 175.41 to 175.58, inclusive, issued pursuant to the authority contained in Proc. 2523, November 14, 1941, 6 F. R. 5821, under the act approved May 22, 1918, as amended by the act approved June 21, 1941 (40 Stat. 559; Public Law 114, 77th Cong., 55 Stat. 252), and by virtue of the authority contained in the Immigration Act approved May 26, 1924 (43 Stat. 153), as amended, section 30 of the Alien Registration Act, 1940 (54 Stat. 673), and Executive Order 8766 of June 3, 1941.

175.42 Permits to enter required. No alien shall hereafter enter the United States (a) except at a port of entry designated as such by the Commissioner of Immigration and Naturalization or other authorized official and (b) unless he is in possession of a valid unexpired permit to enter or is exempted under these regulations from presenting a permit to enter.*

175.43 Permits to enter not a guarantee of admission. No alien who is inadmissible into the United States under the provisions of the immigration laws and regulations, or other laws and regulations, including these regulations, shall be admitted into the United States even if he is in possession of an unexpired permit to enter.*

175.44 Immigrants 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 immigrants are not required to obtain permits to enter and the requirements of immigration visas, which constitute permits to enter in respect of immigrants, and passports, are waived in the following emergency cases:

(a) An alien immigrant child born subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired;

(b) An alien immigrant child born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States for permanent residence, provided the child is accompanying a parent admissible to the United States, and application is made for admission into the United States within a period of two years after the date of birth;

(c) An immigrant alien lawfully admitted into the United States who passes in direct transit, without stop-over, through foreign contiguous territory from one part of the United States to another by means of a transportation line which runs through the territory or water of both countries;

(d) An alien immigrant who has previously been legally admitted into the United States for permanent residence and who is proceeding by vessel or airplane from the mainland to an insular possession or from an insular possession to the mainland or from one mainland port to another, without stop-over, although touching at a foreign port;

(e) An alien immigrant who has previously been legally admitted into the United States for permanent residence reentering from a journey beginning in an American port without transshipment from the original vessel to another vessel;

(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

*For statutory citation, see note to § 175.41.

of their official duties, who have credentials establishing their identity and their official duties in the region of the border;

(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;

thirty

(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;

(z) 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

*For statutory citation, see note to § 175.41

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