valid for a period of at least 60 days beyond the length of time he desires to remain in the United States, or the alien must have some other assurance of admission into a foreign country during such period.

§ 42.159 Supporting documents for limited-entry certificates. All important documents and letters not presented by an applicant in duplicate in support of his claim to limited-entry status should be listed and their contents briefly described on Form 257c or in a memorandum to be attached thereto. After examination of an alien's documents the originals should be returned to the applicant, who should be informed that they may be required for further examination by the immigration officials at the port of entry in the United States.

§ 42.160 Form of limited-entry certificate. (a) The term "limited-entry certificate" is applied to the limitedentry stamp and notations placed by a consular officer on the passport of an alien proceeding to the United States to make a limited entry within the meaning of § 42.156. The form of a limitedentry certificate is as follows:

certificate.

The impression seal should be used on the certificate.

§ 42.161 Limited-entry certificate not to be placed on travel document issued by unrecognized government. When the travel document presented by an applicant for a limited-entry certificate is one issued by a government not recognized by the United States, no notation of any kind should be made on the travel document. In such a case the limitedentry certificate should be stamped on Form 257a, which has a space provided for that purpose.

§ 42.162 Validity of limited-entry certificate. (a) A limited-entry certificate may be presented at a port of entry in the United States within 60 days from the date of issuance. Only one entry may be granted thereon, except that if the alien is a passenger on a vessel he may be permitted to land in each port while the vessel is in port, but his stay in each port shall not exceed 10 days.

(b) The holder of an unexpired limited-entry certificate may land temporarily in one port, for example New York, and remain there while the vessel on which he is a passenger proceeds to another port, for example Philadelphia, and returns to the first port, provided the alien is to depart with the same vessel. An alien making a limited entry may be admitted under section 3 (2) or 3 (3) of the act, and in the discretion of the immigration authorities he may be permitted to depart through a port other than that through which entry was made.

§ 42.163 Fees for limited-entry certificates. No fee has been prescribed for granting a limited-entry certificate or for an application therefor.

§ 42.164 Refusal of limited-entry certificates. (a) A limited-entry certificate should not be issued to an alien who is an immigrant, or who intends to remain in the United States for a period exceeding 10 days, or, in the case of an alien arriving by sea, who intends to depart on a vessel other than the one on which he arrived.

(b) A limited-entry certificate should also be refused an alien as provided in § 42.119.

(c) The consular officer's findings in refusing a limited-entry certificate should be noted on Form 257c, or stated in a memorandum attached thereto.

(d) The procedure relating to refusal cards (§ 42.351) should be followed whenever a limited-entry certificate is refused. A person classifiable as an immigrant, who the consular officer has reason to believe may endeavor to obtain a limitedentry certificate elsewhere, should also be reported on Form 247. Refusal-card files are to be consulted before granting a limited-entry certificate.

BORDER-CROSSING IDENTIFICATION CARDS

§ 42.165 Border-crossers and commuters. (a) For the purposes of this part, a border-crosser is a bona-fide nonimmigrant alien who is:

(1) A citizen of Mexico residing or domiciled in that country, or

(2) A Canadian citizen or other British subject residing or domiciled in Canada, and

(3) Entering the United States directly from the country of his domicile for a days each.

(b) A border-crosser may be issued a nonresident alien's border-crossing identification card at an American consular office in Canada or at an American consular office in Mexico. (For conditions under which nonresident border-crossing identification cards may be issued by the Immigration and Naturalization Service, see 8 CFR 166.11 et seq.)

(c) In the case of a border-crosser of the Chinese race residing in Canada and entering the United States over the Canadian border the card should bear an endorsement by a Canadian immigration officer certifying that the bearer is re-admissible into Canada.

(d) A Mexican citizen residing or domiciled in Mexico and applying for a nonresident alien's border-crossing identification card must be in possession of a Mexican passport or, when residing near the Mexican border, a Form 5-C issued by the Mexican authorites as valid for the reentry of the bearer into Mexico.

(e) A commuter is an immigrant alien who resides on one side of the border and who travels back and forth daily or regularly to his employment, business, or profession on the other side of the border. A commuter is classifiable as an immigrant and may not be issued a nonresident alien's border-crossing identification card. Such an alien may apply to the Immigration and Naturalization Service for a resident alien's bordercrossing identification card after he shall have been lawfully admitted into the

United States as an immigrant with the privilege of permanent residence. Such an alien is not classifiable as a nonimmigrant temporary visitor.

§ 42.166 Application for nonresident alien's border-crossing identification card. (a) Application for a nonresident alien's border-crossing identification card shall be made on Form I-190, in duplicate. The applicant shall execute the application under oath administered by the consular officer. Two photographs, size approximately 2 by 2 inches, will be required with the application, one photograph to be attached to or filed with the copy of the application form retained in the consular files, the other to be attached to the card when issued. The consular officer should be careful to see that before taking the oath the alien understands the declarations required of him in executing the application. The consular impression seal should invariably be used in completing the application.

(b) If, in the preliminary examination of a case, ground for the refusal of the border-crossing card should appear, the alien should be so advised, and his formal application should not be taken unless he so requests.

(c) A consular officer may issue a border-crossing identification card only to a resident of his district.

§ 42.167 Evidence of border-crosser status. The burden of proof rests upon an applicant for a nonresident's bordercrossing identification card to establish that he is classifiable as a nonimmigrant and is eligible to receive such a card. The applicant should present a passport or other document constituting evidence that he will be able to reenter foreign contiguous territory, if such a document is required by Mexico or Canada.

§ 42.168 Supporting documents for border-crossers. All important documents and letters not presented in duplicate by an applicant in support of his claim to the status of a nonresident border-crosser should be listed and their contents briefly described on the consular file copy of the application or in a memorandum to be attached thereto. After examination such documents should be returned to the applicant, who should be informed that they may be required for further examination by the immigration officials at the port of entry in the United States.

(a)

§ 42.171 Form of nonresident alien's border-crossing identification card. Except as provided in paragraph (b) of this section, a nonresident alien's border-crossing identification card shall be issued on Form I-186, which may be obtained upon requisition from the Department. In no case should such cards be printed locally. They should bear the date of issuance, a photograph of the bearer, the signature of the issuing consular officer, and appropriate descriptive data relating to the bearer. The cards ordinarily will be valid for an indefinite period.

(b) A nonresident alien's bordercrossing identification card may be issued by consular officers in different colors as specified by the Department to obviate duplication and use by unauthorized persons, and for other purposes. Colored cards will be valid for one year from the date of issuance and may be renewed for two further periods of one year each.

(c) A nonresident alien's bordercrossing identification card should not be fastened to the alien's passport, or Mexican Form 5-C, or other travel document.

(d) Irrespective of the type of the nonresident alien's border-crossing identification card which may be issued by a consular officer, one copy of the application Form I-190 must be attached to the card upon its delivery to the applicant. This copy of the application form will be detached by the immigration officer at the port of the alien's first entry into the United States.

IMMIGRANTS

§ 42.200 Immigrants. (a) An "immigrant" is an alien who is departing from any place outside the United States and is destined for the United States,

except an alien who is classifiable in a nonimmigrant category specified in section 3 of the act, as amended. It is not necessary that an alien be coming to the United States for permanent residence, in order to be classifiable as an immigrant. Failure to qualify for classification in a nonimmigrant category leaves an alien in the immigrant category. An alien who could qualify for nonimmigrant status if he so desired may be considered as an immigrant, if he prefers, but an alien who is classifiable only as an immigrant may not be considered as a nonimmigrant even if he does not desire to be classified as an immigrant.

(b) Before an immigration visa may be issued to an alien who could qualify as a nonimmigrant under section 3 (1) of the act, the express authorization of the Department must be obtained by the consular officer to whom the application is made for the immigration visa.

§ 42.201 Documentary requirements for immigrants. Except as hereinafter provided, an immigrant entering the United States must present a valid, unexpired passport and a valid individual immigration visa, quota or nonquota, issued in accordance with the requirements of the act and in accordance with this part.

§ 42.202 Immigrants not required to present passports or visas. Immigrants in the following emergency cases are not required to present passports or visas, inasmuch as the requirement thereof is hereby waived:

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

(b) An alien immigrant child born during the temporary visit abroad of an alien mother who is a lawful permanent resident of the United States: Provided, That the child is accompanying a parent who is admissible into the United States and who is entering the United States for permanent residence upon the first return of the parent to the United States after the child's birth: And provided further, That application is made for admission into the United States within a period of two years of the child's birth.

(c) An alien immigrant child born during the temporary visit abroad of a mother who is an American citizen or national: Provided, That the child is

accompanying a parent who is admissible into the United States and who is entering the United States for permanent residence upon the first return of the parent to the United States after the child's birth: And provided further, That application is made for admission into the United States within a period of two years of the child's birth.

(d) An alien who is a lawful permanent resident of the United States, who is returning after a tèmporary absence in Canada or Mexico only, and who presents a valid resident alien's bordercrossing identification card, including such an alien who is employed as 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.

(e) An alien who is a lawful permanent resident of the United States, who is returning from a temporary visit abroad, and who presents an unexpired permit to reenter issued pursuant to section 10 of the act.

(f) An alien who is a lawful permanent resident of the United States who goes in transit through foreign contiguous territory from one part of the continental United States to another by means of a transportation line which runs through the territory or waters of both the United States and Canada or Mexico.

(g) An alien who is a lawful permanent resident of the United States, and who is proceeding from the continental United States to an outlying possession, or from an outlying possession to the mainland, or from one outlying possession to another, or from one port in the continental United States to another, without stopover, although touching at a foreign port.

(h) An alien who is a lawful permanent resident of the United States, and who reenters from a journey beginning in a port of the United States in the Western Hemisphere without transshipment from the original vessel to another vessel, such vessel not having proceeded outside of the Western Hemisphere.

(i) An alien who is a lawful permanent resident of the United States, who is returning from a visit not exceeding 30 days to foreign contiguous territory only, and who, because of an emergency such as one involving serious illness or death, had no opportunity to obtain a

reentry permit or a resident alien's border-crossing identification card prior to departure from the United States.

(j) An alien member of the armed forces of the United States who is a lawful permanent resident of the United States, provided he is in uniform or bears documentation identifying him as a member of the armed forces.

(k) An alien member of the armed forces of a country at war with Japan, who is a lawful permanent resident of the United States, and who is returning under orders or on furlough during the period of the war.

(1) An alien who is a citizen or subject of a foreign country at war with Japan, who is a lawful permanent resident of the United States, who departed from the United States for foreign contiguous territory for the purpose of joining the armed forces of the country of which he is a citizen or subject, and who is returning to the United States within a period of six months of his departure and within 30 days of rejection for service in such armed forces.

(m) An alien who is a citizen or subject of a foreign country at war with Japan, who is a lawful permanent resident of the United States, who has been honorably discharged from the armed forces of the country of which he is a citizen or subject, and who is returning to the United States within 90 days of his discharge or of his release from military hospitalization.

(n) An alien who is employed as a civilian pilot or as a member of other flight personnel, who is a lawful permanent resident of the United States, and who is returning to the United States while engaged in airplane-ferrying operations or ferrying personnel or material between the United States and territory abroad in behalf of the armed forces of the United States or of a foreign country at war with Japan, or within 90 days after the termination of such employment.

(0) An alien who is a lawful permanent resident of the Virgin Islands returning after a temporary visit to the British Virgin Islands or the French island of St. Bartholomew.

(p) An alien who is a lawful permanent resident of the United States, who resides in a remote section of Alaska, and who is returning after a temporary visit to Canada.

(q) An American Indian born in Canada and recognized as such under Canadian law, except one whose membership in Indian tribes or families is created by adoption.

§ 42.203 Immigrants required to present passports but not visas. Aliens who are lawful permanent residents of the United States and who fall within the following emergency cases must present passports or identifying travel documents in the nature thereof but are not required to present visas, in as much as the requirement thereof is hereby waived:

(a) An alien seaman or airman whose name appears on the crew list of the vessel or aircraft on which he arrives: Provided, That this paragraph shall not apply to Great Lakes seamen, for whom waivers are otherwise provided.

(b) An alien, occupationally a seaman, who is returning in accordance with the terms of the articles of outward voyage, or the terms of his discharge before a consular officer of the United States.

(c) A shipwrecked or cast-away alien, occupationally a seaman or airman (in this case a passport will not be required for the first entry if the alien has lost his passport).

(d) An alien who previously has been admitted lawfully into the United States as a student on the basis of a nonquota immigration visa issued under section 4 (e) of the Immigration Act of 1924, who has proceeded only to Canada or Mexico, who is returning to the United States within a period of 4 months, and who is reentering under section 4 (e) for the purpose of continuing his or her studies at an approved institution of learning (in such a case the alien is exempt from the requirement of presenting a new section-4 (e) visa). Such an alien must present a letter from the institution stating that he or she is a student in good standing at the institution. If the alien presents a passport it should bear a notation made by the immigrant inspector, or in the absence of a passport the alien should be in possession of other evidence to the effect that he or she was previously admitted lawfully into the United States as a nonquota immigrant student.

SPECIAL CLASSES OF IMMIGRANTS

§ 42.204 Immigrants born in Puerto Rico, Guam, or American Samoa, "not chargeable to any quota”. (a) An alien

born in Puerto Rico, Guam, or American Samoa is considered as not coming within any of the quota restrictions imposed by the act. However, such an alien must apply for and obtain an immigration visa in order to immigrate into the United States. The statement "I claim to be a nonquota (preference quota) immigrant and my claim is based on the following facts" appearing on Forms 256a and 256b should be crossed out or lined through, and the following sentence should be typed in the blank space beneath those words: "I claim to be an immigrant born in Puerto Rico (Guam or American Samoa, as the case may be) not chargeable to any quota.' On the visa side, the wording should be changed to read: "The bearer, who is

of (citizen or subject) nationality, born in Puerto Rico (Guam or American Samoa, as the case may be) having been seen and examined, is classified as an immigrant not chargeable to any quota and is granted this immigration visa pursuant to the Immigration Act of 1924, as amended." The square and the blank line above the visa should be filled out as follows: "Not chargeable to any quota.' No alien who is excludable from the United States under the immigration laws should be issued an immigration visa "not chargeable to any quota".

(b) The alien wife or unmarried minor child of an alien mentioned in the preceding paragraph will be classifiable as a quota immigrant if such wife or child was born in a quota country. However, such an alien may be given first priority on the waiting list if chargeable to a quota which is oversubscribed.

§ 42.205 Certain Spanish nationals returning to Puerto Rico. (a) An immigrant Spanish national who on April 11, 1899 (whether adult or minor) was a bona-fide resident of Puerto Rico, or adjacent islands which comprised the Province of Puerto Rico, and who, in accordance with article IX of the treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico. (Act of May 26, 1926, 44 Stat. 657.) Such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except section 23 thereof, which places upon an alien attempting to enter the United States the bur