4.3 Pre-examination; procedure when admissibility determined. If and when admissibility is determined, Form 521 or Form 548 shall be so endorsed by the appropriate immigration officer, attached to other pertinent immigration documents, and given the applicant for presentation and surrender at the actual port of entry into the United States. Form 514, when applicable, shall be prepared except as to date and signature, and shall be completed upon the actual admission of the holder. If applicants of any class so preexamined depart for the United States by water from a place other than that at which the pre-examination was conducted, Forms 521 and 548 shall be countersigned by the appropriate United States immigration officer at the Canadian port of embarkation. Upon the surrender at ports of entry of properly endorsed Forms 521 and 548 within 30 days from issuance, the period of their validity, the rightful holders will be promptly admitted if their status has undergone no change since preexamination: Provided, however, That holders of visas must apply for admission at ports of entry within the period of validity of their visas, or it is established that such holders began a continuous journey to such ports of entry prior to the expiration of the visas. The actual port of entry into the United States shall be the "record" port of entry for all purposes, including head-tax transactions. Forms 521 and 548 shall be completed thereat, as will be all other immigration documents.*t (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4-A-3] 4.4 Procedure where pre-examination board is nonexistent. Any alien not provided with Form 521 or Form 548 who shall apply for admission at a point on the Canadian border where no board of special inquiry is located, if held for examination by such a board, shall be conveyed by the transportation company concerned to the nearest port of entry where a board of special inquiry is located; and, in the discretion of the appropriate United States immigration official, any alien not having been pre-examined and not holding either of said forms, who shall apply for admission at a border point within one year after arriving at a Canadian seaport, shall be returned by the transportation company responsible, to the seaport of arrival for examination by United States immigration officials and (where proper) assessment of head tax in the manner required in the cases of aliens arriving at Canadian seaports and giving destinations in the United States, unless it shall appear that such alien was originally destined in good faith to Canada and has been actually residing in said country, or unless, upon examination, Canadian officials shall declare such alien eligible for residence in Canada and the transportation company involved shall arrange for his removal a reasonable distance from the boundary: Provided, That where the mental, physical, financial, or moral status of the alien is such that in the opinion of the proper official such person should be returned to the initial point of departure in Canada, the transportation company or other interest concerned shall, upon request, return such alien to such initial point of departure.* (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4-A-4] 4.5 Further examination at border port. All aliens seeking entry into the United States from Canada at the border ports without first having been pre-examined and granted Form 521 or Form 548, Page 36 *For statutory and source citations, see note to § 4.1. and who may not appear to the examining immigrant inspector clearly and beyond a doubt entitled to enter the United States; and those aliens holding either of said forms whose further examination is deemed necessary or advisable; and aliens brought to the border who have arrived in Canada by steamship lines or vessels which have not conformed to the requirements of section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 U.S.C. 217), and who have not had two years' residence in Canada, shall, at the discretion of the examining immigrant inspector, be removed from the railroad train or other vehicle of travel by the owner, agent, or person in charge of the transportation line concerned, and delivered to the immigration office or such other place of detention as may be designated by the said examining immigrant inspector, for further examination.*t [4-A-5] 4.6 Canadian-born American Indians; exemption from immigration laws. American Indians born in Canada shall be permitted to enter the United States without inspection under the immigration laws. This right shall not extend to persons whose membership in Indian tribes or families is created by adoption. (45 Stat. 401; 8 U.S.C. 226a) [G.O. 109, July 18, 1928] * 4.7 Residence in contiguous territory by aliens who traveled on noncomplying line. Where an alien has entered foreign contiguous territory by a transportation line not signatory to the agreement made pursuant to section 23 of the Immigration Act of 1917 (39 Stat. 892; 8 U.S.C. 160), and section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 U.S.C. 217), with the intention, actually carried into effect, of taking up permanent residence in such foreign contiguous territory, and such arrival and the taking up of residence occurred at least two years prior to the time of making application for admission to the United States, the admissibility of such alien will not be destroyed merely by reason of temporary absence, without relinquishment of domicile, from such foreign contiguous territory subsequent to the time of taking up permanent residence therein.* [G.O. 53, Sept. 8, 1925] *For statutory and source citations, see note to § 4.1. Page 37 CROSS REFERENCE Customs regulations dealing with application of customs laws to air commerce; airports of entry: See Customs Duties, 19 CFR Part 4. Section 5.1 Definitions. As used in this part the term "civil aircraft" means any aircraft other than a public aircraft, which latter term signifies one used exclusively in the governmental service; the term "airman" means any individual (including the person in command and any pilot, mechanic, or member of the crew) who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repairing of aircraft. The term "air commerce" means transportation in whole or in part by aircraft of persons or property for hire, navigation of aircraft in furtherance of a business, or navigation of aircraft from one place to another for operation in the conduct of a business; and the term "interstate or foreign commerce" means air commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through the air space over any place outside thereof; or wholly within the air space over any Territory or possession or the District of Columbia.** (Secs. 7 (d), 9, 44 Stat. 572, 573; 49 U.S.C. 117 (d), 179) [5-A-1] *88 5.1 to 5.17, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. The source of §§ 5.1 to 5.17, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 5.2 Civil aircraft; how considered. Civil aircraft engaged in foreign air commerce and bringing passengers from Canada or Mexico shall, for the purpose of the immigration laws and regulations, except as herein provided for, be regarded as are other common carriers bringing aliens to border ports of entry from such countries. All other civil aircraft engaged in foreign commerce shall, for the purpose of the immigration laws and regulations, except as otherwise provided, be treated as vessels.*t (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-A-2] CROSS REFERENCE: For alien passengers on airships, see 22 CFR 63.3. 5.3 Airmen; how considered. Any airman serving on civil aircraft arriving in the United States or an insular possession thereof, from any place outside, shall be considered as a seaman, and the provisions of the immigration laws and regulations applicable to vessels and alien seamen will control such aircraft and alien airmen as modified hereinafter: Provided, however, That alien airmen shall not be discharged in the United States or insular possessions (unless signed on therein) for the purpose of reshipping, and shall not be granted hospitalization except in emergent cases.*t (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-A-2] CROSS REFERENCE: For members of the crew of airships, see 22 CFR 63.2. Page 38 **For statutory and source citations, see note to § 5.1. 5.4 Designation of airports of entry for aliens. Application for designation of an airport as a port of entry for aliens shall be made to the Secretary of Labor and shall state whether the airport has been approved by the Secretary of Commerce as a properly equipped airport and has been designated by the Secretary of the Treasury as a port of entry for civil aircraft. An airport will not be designated by the Secretary of Labor as an airport of entry for aliens without such prior approval and designation, and unless it appears to the satisfaction of the Secretary of Labor that conditions. render such designation necessary or advisable, and unless adequate facilities have been or will be provided thereat, without cost to the Federal Government, for the proper inspection and disposition of aliens, including office space and temporary detention quarters found necessary.*t (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-B-1] CROSS REFERENCE: For customs regulations listing airports of entry designated without time limit, see 19 CFR 3.3, 4.11. 5.5 Withdrawal of designation of airport of entry for aliens. The designation of an airport of entry as an airport of entry for aliens may be withdrawn whenever, in the judgment of the Secretary of Labor, there appears just cause for such action.*t (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-B-2] 5.6 Inspection of aliens arriving by aircraft. No alien arriving by aircraft at an airport of entry for aliens in continental United States or an insular possession thereof from a foreign country, or in continental United States from an insular possession, or in one insular possession from another, will be considered as having legally entered the United States unless and until he has been duly inspected and lawfully admitted.*t (Sec. 7 (d), 44 Stat. 572; 49 U.S.Č. 177 (d)) [5-C-1] 5.7 Deportation of excluded aliens arriving by aircraft. Any alien excluded from admission to the United States shall be returned to the country whence he came at the expense of the owners, agents, or lessors of the aircraft bringing him to the United States, and where detention is found necessary, shall be detained at the expense of such owners, agents, or lessors.*† (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-C-2] 5.8 Manifests and crew lists of aircraft to be furnished. Upon arrival at an airport of entry for aliens it shall be the duty of the airman in charge of a civil aircraft engaged in foreign air commerce to deliver to the immigration officer the passenger and crew lists hereinafter provided for.*t (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-D-1] 5.9 Manifests of passengers and crew arriving by aircraft; how prepared. The lists of arriving passengers and airmen shall be typewritten or printed upon modified forms prescribed by the Commissioner of Immigration and Naturalization. Such lists shall be prepared before departure of the aircraft from a foreign country or an insular possession of the United States and shall contain the names of all passengers and airmen, together with other data called for thereon, whether passengers have been pre-examined by United States **For statutory and source citations, see note to § 5.1. Page 39 immigration officers, or otherwise. A separation shall be made on such lists of the names of those who have and those who have not been pre-examined. These lists shall be sworn to by the airman in charge before the immigration officer to whom delivered. All passengers so brought shall be regularly inspected upon arrival, and manifested if found appropriate. Form 548 shall be used in recording manifest data.*† (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-D-2] 5.10 Manifest of permanent crew of aircraft; notice of changes. Where civil aircraft are operated upon a fixed schedule filed at the airport of entry for aliens, the airman in charge of each aircraft, or a responsible officer of the company, in lieu of submitting crew lists upon each arrival, may submit upon first arrival a list of all airmen employed thereon. From said list the immigrant inspector shall prepare a card record for each airman on a form to be prescribed by the Commissioner of Immigration and Naturalization. When such airmen leave the employ of a company, a report as to date, place, and manner of discontinuing employment shall be made by the owner, agent, or airman in charge of the civil aircraft on which previously employed, and any additional airmen employed shall be promptly reported.* (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-D-3] 5.11 Pre-examination in Canada of aircraft passengers. The endorsement on Forms 521 and 548, issued to persons pre-examined in Canada who travel to the United States by aircraft, shall be as prescribed in §§ 4.1-4.4, and the period of validity of said form shall be as prescribed therein. Upon surrendering at the airport of entry for aliens of valid Form 521, or Form 548, properly endorsed, the rightful holders will be admitted, provided their status has undergone no change between the time of issuance of the forms and the arrival of the holders at the airport of entry. The airport of entry at which persons pre-examined in Canada actually enter the United States shall be the "record" port of entry for all purposes. Aliens excluded from admission to the United States upon pre-examination in Canada shall be accounted for as heretofore by the office at which exclusion occurs. The recording statistically and otherwise, of aliens admitted to the United States on and after July 1, 1929, upon presentation of Form 524, a form discontinued after June 30, 1929, will continue as heretofore.*† (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-D-4] 5.12 Chinese arriving by aircraft; separate manifests. Chinese brought by aircraft to an airport of entry for aliens situated at a designated port of entry for Chinese shall be listed on separate manifests, whether or not they have been pre-examined in Canada: Provided, however, That nothing in this part shall be construed as altering, amending, or modifying the requirements of the laws and regulations relating to the admission and exclusion of Chinese, that all such persons must apply for admission to the United States at designated seaports and land-border ports of entry for Chinese.* (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-D-5] 5.13 Aircraft manifests; by whom provided. All lists or manifests shall be provided at the expense of the owner or agent of the Page 40 *For statutory and source citations, see note to § 5.1. |