since such admission maintained his domicile in the United States.

(o) "Chinese person" means a person having as much as one-half Chinese blood and not as much as one-half blood of a race or races ineligible to naturalization.

(p) "Attempts to enter" means the action taken by an alien to obtain the documents, including a visa, necessary to apply for admission into the United States. It includes an application for admission.

(q) "Application for admission" means an application for admission at a port of entry.

(r) "Wife" and "husband" do not include a wife or husband by a proxy or picture marriage when used with reference to the documentary requirements and classification of immigrants.

(s) "Child", "father", and "mother" do not, when used in reference to the documentary requirements and classification of immigrants under the act, include a child or parent by adoption on or after January 1, 1924, or a stepchild, or a step-parent.

(t) "Unmarried" means not married at the time the visa is issued or granted to the alien concerned, regardless of whether the alien was previously married.

(u) "Immigration laws" means the act and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens.

(v) "Diplomatic visa" means a visa granted under the regulations contained in Part 40 of this subchapter.

(w) "American citizen" and "citizen of the United States" are regarded as synonymous.

(x) "Removed", when used with reference to an alien, means an alien who has been removed from the United States at the expense of the Federal Government, as provided in section 23 of the Immigration Act of February 5, 1917, as amended. (y) "Western Hemisphere" North, Central, and South America, and the islands immediately adjacent thereto, including Bermuda, the Bahamas, the West Indies, and the Leeward and Windward Islands.

means

[Dept. Reg. 108.12, 11 F. R. 8904, as amended by Dept. Reg. 108.66, 13 F. R. 736]

§ 42.102 American citizens not to be documented as aliens. An immigration or passport visa, transit certificate, a limited-entry certificate, or a bordercrossing identification card should not be issued to a citizen of the United States, or other person owing allegiance to the United States. A child born in the United States, whose parents did not have diplomatic status, shall be regarded as a citizen of the United States and should not be documented as an alien even though the child is included in the foreign passport of a parent.

§ 42.103 Expatriates, presumptive expatriates, and aliens claiming to be American citizens-(a) Expatriates. Section 318(b) of the Nationality Act of 1940 provides: "No former citizen of the United States, expatriated through the expatriation of such person's parent or parents, shall be obliged to comply with the requirements of the immigration laws, if he has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents, and if he has come or shall come to the United States before reaching the age of twenty-five years." No visa of any kind will be required in such cases.

(b) Presumptive expatriates. A person who is resting under an unrebutted presumption of expatriation as provided in the nationality laws of the United States is not to be issued a visa as an alien. With regard to the documentation of such a person, see passport regulations of the Department of State (Parts 51 and 52 of this subchapter).

(c) Aliens claiming to be American citizens. Section 503 of the Nationality Act of 1940 provides for the documentation for entry into the United States of a person who claims a right or privilege as a national of the United States, who has been denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, and whose nationality status is pending before a court in the United States. (With regard to the documentation of such a person, see Part 50 of this subchapter.)

§ 42.104 Classification of alien. Aliens, with respect to their classification for admission into the United States, may be divided into the following categories:

Aliens

(Quota

(Immigrants Nonquota

3.

Wives and unmarried minor children of aliens lawfully admitted to the United States for permanent residence. Sec.

6(a)(2).

1926.

(1. Government officials. Sec. 3(1). 2. Temporary visitors. Sec. 3(2).

Nonimmi- 3. Aliens in transit. Sec. 3(3).`

grants

[6. Treaty aliens. Sec. 3(6).

§ 42.105 Nonimmigrant classes. The classes of nonimmigrants stated in section 3 of the act, as amended, are:

(a) An accredited official of a foreign government recognized by the Government of the United States, his family, attendants, servants, and employees. (For documentation of diplomatic officers, their families, and attendants, see Part 40 of this subchapter.)

(b) An alien visiting the United States temporarily as a tourist or temporarily for business or pleasure.

(c) An alien in continuous transit through the United States.

(d) An alien lawfully admitted into the United States as a nonimmigrant, who later goes in transit from one part of the United States to another through foreign contiguous territory.

(e) A bona-fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter the United States temporarily and solely in the pursuit of his calling as a seaman. (For documentation, see Part 43 of this subchapter.)

(f) An alien entitled to enter the United States solely to carry on trade

between the United States and the foreign state of which he is a national under and in pursuance of the provisions of a treaty of commerce and navigation, and his wife, and his unmarried children under 21 years of age, if accompanying or following to join him. (Sec. 3, 43 Stat. 154, as amended; 8 U. S. C. 203)

§ 42.106 Documentary requirements for nonimmigrants. With the exceptions hereinafter provided, a nonimmigrant must present an unexpired passport, and a nonimmigrant seeking to enter the United States under section 3 (1), 3 (2), 3 (3), or 3 (6) of the act must also present a passport visa, unless he is a nonimmigrant who may be issued, and who presents, a limited-entry certificate, a transit certificate or visa, or a nonresident alien's border-crossing identification card.

§ 42.107 Nonimmigrants not required to present passports or visas. The passport, passport-visa, limited-entry-certificate, transit-certificate or visa, and nonresident alien's border-crossing identification card requirements are waived for nonimmigrants of the following emergency classes:

(a) A national of a contiguous country who passes from the country of which he is a national in continuous transit through the United States back to the country of which he is a national, by means of a transportation line which runs through the territory or waters of both countries.

(b) A nonimmigrant alien child born subsequent to the issuance of the passport visa of an accompanying parent, the visa not having expired.

(c) A Canadian railway-mail clerk entering from Canada in connection with his official duties, provided he carries a document identifying him as such.

(d) An alien who resides in an isolated or remote section of Canada, who is entering the United States temporarily from Canada as a visitor or as a transient, and who is unable without undue inconvenience to obtain a passport and a visa.

(e) A member of the staff of the International Fisheries Commission or of the International Pacific Salmon Fisheries Commission, who is entering the United States temporarily from Canada in connection with the performance of his official duties, provided he carries a document bearing his photograph and identifying him as a member of the staff of the Commission.

(f) An officer or employee of the International Boundary Commission, who is a citizen of Canada or Mexico and who is entering the United States temporarily from Canada or Mexico in connection with his official duties.

(g) An immigration or customs officer of the Canadian or Mexican Government who is entering the United States temporarily from Canada or Mexico in the performance of his official duties.

(h) An employee of the Mexican Postal Service assigned to border areas, who is entering the United States temporarily from Mexico in the performance of his official duties and who has credentials establishing his identity and his official duties in the region of the border.

(i) A member of a fire-fighting group entering the United States temporarily from foreign contiguous territory for fire-fighting activities.

(j) A member of the Plant Protection Division of the Canadian Department of Agriculture, who is entering the United States temporarily from Canada in connection with his official duties.

(k) A Canadian law-enforcement officer who is entering the United States temporarily from Canada in connection with his official duties.

(1) An official or an operational or maintenance-of-way employee of a railroad or bus line operating across the Canadian or Mexican border, who enters the United States temporarily from Canada or Mexico in pursuance of his duties.

(m) An alien lawfully admitted into the United States as a nonimmigrant, who is proceeding from the mainland to an insular possession or territory, or from an insular possession or territory to the mainland, or from one insular possession or territory to another, or from one mainland port to another, without stopover, although touching at a foreign port.

(n) A resident of remote Pacific islands, who, after arrival at a port of entry in Hawaii or on the mainland, is found to be a bona-fide temporary visitor under section 3 (2) of the act, or a bona-fide transient under section 3 (3) of the act.

(0) A person presenting a certificate of identity issued by an American consular officer under the provisions of section 503 of the Nationality Act of 1940 and the regulations issued thereunder. (See §§ 50.18-50.29 of this subchapter.)

(p) A British subject domiciled in the British Virgin Islands or in the British islands of Anguilla, St. Kitts, or Nevis; a French citizen domiciled in the French island of St. Bartholomew or in the French portion of the island of St. Martin; or a Netherlands subject domiciled in the Netherlands islands of St. Eustatius or Saba, or in the Netherlands portion of the island of St. Martin; who is seeking admission into the Virgin Islands for business or pleasure for a period of less than 30 days on any one visit.

(q) An alien who is a British subject domiciled, permanently residing, or stationed in Canada, who is entering the United States temporarily across the Canadian border on a visit of less than 30 days for business or pleasure, and who has assurance of admission into Canada or some other country: Provided, That this paragraph shall not apply to Great Lakes seamen for whom waivers are provided in § 42.109 (b) or to Canadian citizens for whom waivers are provided in paragraph (w) of this section.

819589-49- -3

(r) An alien who arrives at a port in Canada and who is 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 or waters of both countries.

(s) An alien proceeding in continuous travel from Paterson, British Columbia, to Cascade, British Columbia.

(t) An alien who is a resident of foreign contiguous territory and who is entering the United States from such territory for less than 30 days in a case of emergency, such as one involving serious illness or death, the alien having no opportunity to obtain consular documentation but having assurance of readmission into foreign contiguous territory.

(u) An airman or a passenger on an aircraft proceeding from one place to another in foreign contiguous territory and landing temporarily in the United States under emergency conditions.

(v) A person who claims to be a citizen of the United States and who is applying for admission under the conditions stated in § 42.103 (c).

(w) An alien who is a Canadian citizen and who is entering the United States temporarily across the Canadian border on a visit of less than 6 months for business or pleasure: Provided, That this paragraph shall not apply to Great Lakes seamen for whom waivers are provided in § 42.109 (b).

[Dept. Reg. 108.12, 11 F. R. 8904, as amended at 11 F. R. 12540]

§ 42.108 Nonimmigrants required to present passports but not visas. The passport-visa requirements are waived for nonimmigrants of the following emergency classes, but they must present passports:

(a) A Mexican military or civilian official, and a member of his family, or of his suite, who is entering the United States temporarily from Mexico for personal business or pleasure.

(b) A citizen of Newfoundland, domiciled therein or in Canada, who is proceeding to the United States for a period of less than 30 days for personal business or pleasure.

(c) An alien who has been lawfully admitted into the United States as a nonimmigrant and who goes in continuous transit from one part of the United

States to another through foreign contiguous territory.

§ 42.109 Nonimmigrants required to present visas or nonresident aliens' border-crossing identification cards but not passports. The passport requirements are waived for nonimmigrants in the following classes, but such aliens must present valid passport visas or valid nonresident aliens' border-crossing identification cards:

(a) A citizen of a country contiguous to the United States in whose case a visa or other nonimmigrant documentation is required may present, in lieu of a valid passport, any document of identity or nationality previously used or usable for entry into the United States, provided such document is valid for the bearer's return to the country of his nationality. In such a case the nonimmigrant visa should be stamped upon Form 257a, which has a space provided for that purpose, and the words "provided passport continues to be valid" should be deleted from the visa. A notation regarding the granting of the visa may, if found to be feasible, be placed on the document used in lieu of a valid passport to identify the bearer.

(b) An alien who is a member of the crew of a vessel of United States, British, or Canadian registry engaged solely in traffic on the Great Lakes and connecting waterways, who is entering the United States temporarily as a seaman, provided that the permit to enter presented by such alien consists of a valid nonresident alien's border-crossing identification card.

$42.110 Officers authorized to grant or issue nonimmigrant documentation. (a) A consular officer, as defined in § 42.101 (h), may grant a passport visa, a revalidated passport visa, a limitedentry certificate, or a transit certificate, or may issue a nonresident alien's border-crossing identification card, to a bona fide nonimmigrant who is found to be qualified for such a document under this part.

CROSS REFERENCE: For issuance of nonresident aliens' border-crossing identification cards by officers of the Immigration and Naturalization Service, see 8 CFR 166.11 et

seq.

(b) The chief and the assistant chiefs of the Visa Division of the Department are authorized to grant, in their discretion, appropriate nonimmigrant passport

visas to aliens who are officials of foreign governments, or who hold positions tantamount thereto, the members of their families, and their attendants, servants, and employees, who are in the United States and who desire to reenter the United States after a temporary absence.

[Dept. Reg. 108.12, 11 F. R. 8904, as amended by Dept. Reg. 108.64, 13 F. R. 440]

PASSPORT VISAS

§ 42.111 Aliens who may be included in a passport visa. (a) A single passport visa is sufficient to cover the bearer's wife and his or her accompanying, unmarried children under 21 years of age, if included in the passport. If any person is included in a foreign passport who may not be included in a single passport visa, a separate passport visa shall be stamped in the passport for such a per

son.

(b) A group passport visa may not be granted to include aliens other than those mentioned in the preceding paragraph, unless the Secretary of State specifically authorizes the granting of such a visa. In urgent cases a telegraphic report of the essential facts should be sent to the Secretary of State for consideration of a possible waiver of the passport and visa requirements.

§ 42.112 Applications for passport visas, limited-entry certificates, and transit visas or certificates. (a) Application for a passport visa, transit visa or certificate, or limited-entry certificate shall be made on Forms 257a to 257d, inclusive, for each person 14 years of age or over, even if the several persons are to be included in one visa. An application will be required of a child under 14 years of age if the child is the bearer of a separate passport. For instructions covering the issuance of diplomatic visas see Part 40 of this subchapter. In the cases of persons issued or formally refused diplomatic visas, or persons issued or formally refused visas under section 3 (1) of the act, the words "and alien registration" should be stricken from the title of Forms 257a, 257b, and 257c. In cases of other persons, Forms 257b and 257c shall be executed under oath administered by the consular officer. Forms 257a, 257b, and 257c shall bear a signed photograph of the applicant, attached and impressed with legend machine or impression seal, in the space provided therefor.

Photographs shall be approximately two inches square, full front view, without hat, on light background, and on thin paper. Photographs are not required of children under 14 years of age unless they are bearers of separate passports. In exceptional cases, the principal officer may, in his discretion, waive the photograph requirement by placing a signed notation to that effect in the space provided for the photograph. Forms 257a, 257b, and 257d shall be delivered to the bearer of the visa for delivery to the immigration inspector at the port of entry in the United States. Form 257c shall be retained in the consular files.

(b) In the case of a minor under 14 years of age the application may be executed and sworn to by the applicant's parent or guardian. In the case of an applicant under 14 years of age but having no parent or guardian, the application may be executed and sworn to by the applicant or by any person having lawful custody of, or a legitimate interest in, the applicant. Personal appearance may be waived in the case of a child of tender years.

(c) If, in the preliminary examination of a case, ground for the refusal of the visa should appear, the alien should be so advised and permitted to decide whether or not he desires to make formal application.

(d) Aliens will ordinarily make their applications for passport visas to the consular officer in whose district they reside. However, their applications may be accepted elsewhere. A nonimmigrant visa ordinarily will not be issued to an alien outside of his home district without notification to, and the receipt of clearance from, the consular officer in the alien's home district. Such clearance may be obtained by telegraph at the applicant's expense. In exceptional cases where the principal consular officer is satisfied beyond a doubt of the alien's bona-fide nonimmigrant status and admissibility at a port of entry, he may authorize the issuance of a passport visa without prior clearance with the consular officer in the alien's home district. In such cases, however, a notification of the issuance of the visa, the alien's means of transportation, and the port of entry, should be sent to the consular officer in the alien's home district, who should notify the Department immediately if it appears that the alien concerned is excludable at a port of entry.