serted in the parentheses appearing in the final sentence; if the visa is granted to a person entering the United States temporarily for personal reasons or for business other than official business for his government, the figure "2" shall be inserted; and if the bearer is passing in transit through the United States to a foreign destination, the figure "3" shall be inserted.

(g) A diplomatic visa shall be signed by the responsible officer granting such visa and shall bear the seal of the office granting the visa.

(h) If a diplomatic visa is granted to an alien who is subject to registration and fingerprinting under the Alien Registration Act of 1940, the procedure prescribed in ordinary visa cases will be followed.

§ 40.11 Fees. In accordance with the provisions of item 7 of the Tariff of United States Foreign Service Fees, no fee shall be charged for the granting of a diplomatic visa or for the application.

§ 40.12 Records of diplomatic visas granted or refused. (a) When a diplomatic visa is granted the visa number shall be noted on the application, which shall be filed in the office as a record of the action taken.

(b) When a diplomatic visa is formally refused, a record of such refusal shall be maintained on Foreign Service Form 257. However, no record need be maintained of informal replies to inquiries regarding the granting of visas in particular cases.

§ 40.13 Reports to Department. (a) Whenever a diplomatic visa is granted in any month the office concerned shall report the granting of such visa in its monthly report to the Department on Foreign Service Form 258 in accordance with the instructions printed on that form.

(b) Each month in which a diplomatic visa is granted a report shall be submitted to the Department under cover of a despatch headed "For Visa Division". The report shall contain the following information:

(1) Full name of person.

(2) Status entitling him to diplomatic visa.

(3) Purpose of going to United States.

(4) Names of persons included in diplomatic visa and their relationship to bearer.

(5) Number and date of passport. (6) Passport-issuing authority.

(7) Name of vessel or other means of transportation by which arriving in United States, if information can be readily obtained.

(8) Place and approximate date of entry, if information can be readily obtained.

(9) Remarks.

The above information shall be submitted in triplicate on separate sheets of paper or on a prepared form covering each visa granted. The despatch shall state the period covered and the date of the last preceding despatch on the subject.

As a general rule, this type of information shall be transmitted by open mail or pouch, but in cases where it is important that the Department be promptly informed of the arrival of the person or persons concerned in order that arrangements may be made for the extension of governmental courtesies, the information may be transmitted by air mail or, if necessary, by telegraph.

(c) Reports on the refusal of diplomatic visas shall be prepared and transmitted in the same manner as the reports on the granting of diplomatic visas.

(d) When a diplomatic visa is refused, and it is believed that the applicant may apply elsewhere, the office at which the alien is likely to apply should be informed. [Dept. Reg. 12, 10 F. R. 12679, as amended by Dept. Reg. 108.73, 13 F. R. 4315]

or

§ 40.14 Cancelation or revocation of diplomatic visas. Diplomatic officers who obtain information establishing that a diplomatic visa was obtained by fraud or misrepresentation or in an otherwise improper manner, which establishes, subsequent to the issuance of the visa, a ground of inadmissibility into the United States of the holder of the visa, are authorized to cancel or revoke such visas in cases where it is possible to notify the holder of the visa that such action is to be taken and such notice is given. If practicable, appropriate notation should be made on the visa showing that it has been canceled or revoked. A report of such cancelation or revocation, stating the reasons therefor, shall be submitted to the Department. The use of the telegraph is authorized, if necessary. When there is reason to believe that the alien may proceed to the United States not

withstanding the cancelation or revocation, the transportation company should be appropriately informed.

Notation of the cancelation or revocation, with a statement of the reasons therefor, shall be made on the application. When the cancelation or revocation is effected at an office other than the office which granted the visa, the latter office shall be informed of the action taken for notation on the alien's application form.

When information of the foregoing nature is obtained after the bearer of the visa has embarked for the United States, or in cases where it is not possible personally to notify the holder of the visa of an intention to cancel or revoke the visa, a report of the facts which would appear to justify cancelation or revocation of the visa shall be submitted immediately to the Department in order that the immigration authorities at the intended port of entry of the alien into the United States may be notified.

Part 42-Visas: Documentation of Aliens Entering the United States 1

1

42.109 Nonimmigrants required to present visas or nonresident aliens' border-crossing identification but not passports.

42.110 Officers authorized to grant or issue nonimmigrant documentation.

PASSPORT VISAS

TREATY ALIENS

Treaty-alien classes.

Applications for section-3 (6) visas.
Evidence of treaty-alien status.

Wives and minor children of treaty
aliens.

42.144 List of treaties for purposes of section 3(6) of the act.

to

AUTHORITY: §§ 42.101 42.408 issued under sec. 24, 43 Stat. 166, sec. 37, 54 Stat. 675; 8 U. S. C. 222, 458. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: §§ 42.101 to 42.408 contained in Departmental Regulation 108.12, 11 F. R. 8904, except as noted following sections affected. Redesignated by Departmental Regulation 108.77, 13 F. R. 6349.

CROSS REFERENCE: For documentary requirements for alien seamen and airmen, see Part 43 of this subchapter. For diplomatic visa regulations, see Part 40 of this subchapter.

§ 42.101 Definitions. As used in this part, the term:

(a) "The act" means the Immigration Act approved May 26, 1924, as amended.

(b) "Alien" means an individual who is not a citizen of the United States by birth or naturalization, but this definition shall not be held to include nationals of the United States or citizens of the islands under the jurisdiction of the United States.

(c) "Immigrant" means an alien who is not classifiable within any of the nonimmigrant categories mentioned in section 3 of the act.

(d) "Nonimmigrant" means an alien who is classifiable within one or more of the categories mentioned in section 3 of the act.

(e) "Passport" means a document of identity and nationality issued by the appropriate authorities of a recognized foreign government to which the bearer owes allegiance, identifying the bearer and stating his nationality or, in the case of an alien unable to obtain such a document, a travel document in the nature of a passport issued by a duly authorized official and showing the bearer's identity and nationality.

(f) "Passport visa" means a stamp which includes the word "seen", placed by a consular officer on an alien's passport or other appropriate document,

showing that the bearer is entitled to proceed to a port of entry in the United States to apply for admission in a status specified in the passport visa. The term "nonimmigrant visa" is also used synonymously with the term "passport

visa."

(g) "Immigration visa" includes the original copy of the application for such visa and the visa, properly prepared, approved, signed, and lawfully issued in accordance with this part by a duly authorized consular officer.

(h) "Consular officer" means an officer of the Foreign Service of the United States acting in a consular capacity (except a consular agent), the Executive Secretary and the Assistant Executive Secretary of the Panama Canal, and the Governors of Guam and American Samoa, designated under the authority contained in the act and the regulations contained in this part to issue immigration visas or to grant passport visas or other documents to nonimmigrants.

(i) "Transit certificate" means a stamp placed upon an alien's passport or other appropriate document showing that the bearer has been found to be entitled to proceed to the United States to apply for admission as a nonimmigrant in transit to a foreign destination.

(j) "Limited-entry certificate" means a stamp placed upon an alien's passport or other appropriate document showing that the bearer has been found to be entitled to proceed to the United States to apply for a limited entry.

(k) "Nonresident alien's border-crossing identification card" means a card issued to aliens in certain categories residing in Canada or Mexico showing that the bearer has been found to be entitled to apply for admission into the United States as a nonimmigrant.

(1) "Port of entry" means a port or place designated by the Attorney General or the Commissioner of Immigration and Naturalization at which aliens may apply for admission into the United States.

(m) "United States" means the States, the District of Columbia, Hawaii, Alaska, Puerto Rico, and the Virgin Islands.

(n) "Lawful permanent resident of the United States" means an alien who has been lawfully admitted into the continental United States, the Virgin Islands, Puerto Rico, or Hawaii for permanent residence therein, and who has