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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.*

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.

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 tl. ereof. (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.

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(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.

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(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.*

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