den of proving that he is not subject to exclusion under the immigration laws.

(b) An alien mentioned in the preceding paragraph must obtain and present a passport visa and must pay fees as prescribed by section 2 of the act of June 4, 1920, viz: $1 for the execution of the application and $9 for the visa. In granting a passport visa to such an alien the lower portion of the visa stamp relative to the alien's classification under section 3 of the act should be omitted and the following notation added: “Visa issued to Spanish national returning to Puerto Rico under the provisions of act of May 26, 1926." If a person to whom such a visa is issued will transship at a mainland port there should be added to his visa the word "via" followed by the name of the port. (See act of May 26, 1926; 44 Stat. 657.)

(c) The alien wife and unmarried minor child of an alien mentioned in the preceding paragraph will be classifiable as quota immigrants if 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.

(d) A Spanish national falling within the provisions of the act of May 26, 1926 may, of course, make application for an immigration visa with which to seek admission under the Immigration Act of 1924 into the United States (which includes Puerto Rico) instead of a passport visa with which to seek admission into Puerto Rico only, under the provisions of the act of May 26, 1926. In such a case, the usual immigration-visa fee will be collected if the immigration visa is issued. Any Spanish national may apply for a passport visa with which to seek admission into the United States (which includes Puerto Rico) as a nonimmigrant under the Immigration Act of 1924, and in such a case the nonimmigrant passport-visa fees to be charged will be determined in accordance with § 42.117.

(e) As section 23 of the act is applicable to aliens coming within the purview of the act of May 26, 1926, a passport visa should not be issued as provided in paragraphs (b) and (c) of this section unless the applicant establishes that he is not subject to exclusion from the United States under the immigration laws.

§ 42.206 Immigrants born in the Virgin Islands. The act of June 28, 1932 provided that persons who were aliens and who were natives of the Virgin Islands should, for a period of 2 years from the date of the enactment of the act, be considered as nonquota immigrants and should not be required to have passports or immigration visas. As the 2-year period referred to has expired, an alien who was born in the Virgin Islands and who is immigrating into the United States is required to present a passport and obtain an immigration visa, but for quota purposes should be considered in the same manner as an alien born in Puerto Rico, that is, "not chargeable to any quota" imposed by the Immigration Act of 1924, and should be documented in the same manner as an alien born in Puerto Rico. (See § 42.204.).

§ 42.207 Certain American citizens expatriated. (a) Section 317 (c) of the Nationality Act of 1940 provides that:

A person who shall have been a citizen of the United States and also a national of a foreign state, and who shall have lost his citizenship of the United States under the provisions of section 401 (c) of this Act, shall be entitled to the benefits of the provisions of subsection (a) of this section, except that contained in subdivision (2) thereof. Such person, if abroad, may enter the United States as a nonquota immigrant, for the purpose of recovering his citizenship, upon compliance with the provisions of the Immigration Acts of 1917 and 1924 (54 Stat. 1147; 8 U. S. C. 717).

(b) Section 401 (c) of the act, to which reference is made above, provides that a national of the United States shall lose his nationality by:

Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state (54 Stat. 1169; 8 U. S. C. 801).

(c) A person falling within the provisions of paragraphs (a) and (b) of this section must apply for and obtain a nonquota immigration visa when immigrating into the United States. On the Forms 256a and 256b, in the block headed, "I claim to be a nonquota immigrant there should be inserted, "under section 317 (c) of the Nationality Act of 1940". The basis for such claim should then be briefly stated in the blank space. On the visa side of the application form the words "subdivision (__) of section 4" should be deleted, and in lieu thereof the following words should

An immigrant who is the unmarried child under 21 years of age, or the wife, or the husband of a citizen of the United States: Provided, That the marriage shall have occurred prior to issuance of visa and, in the case of husbands of citizens, prior to July 1, 1932.

(This provision of law does not apply to Chinese persons or to aliens racially ineligible to naturalization in the United States.)

(b) Section 28 of the act defines the terms "child", "father", "mother", "wife", and "husband", as stated in § 42.101 (r) and (s). Stepchildren are not included under section 4 (a) of the act. A consular officer may not grant a nonquota immigration visa to an applicant under section 4 (a) of the act until he shall have been authorized by the Department to do so upon the basis of a petition (Form I-133) executed by the American-citizen relative and approved by the Department of Justice in accordance with the provisions of section 9 of the act, and until the applicant establishes that he or she is not subject to exclusion under the immigration laws.

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§ 42.209 Illegitimate children. petition for nonquota status for an illegitimate child who is an alien may be filled with the Department of Justice when the petition is executed by the mother, if she is a citizen of the United States, or by the father, if he has subsequently married the mother of the illegitimate child and thereby conferred on the child the rights of legitimacy or has legitimated the child under the law of his domicile, and if he is an American citizen. (See § 42.102.)

$42.210 Returning resident aliens. (a) Section 4 (b) of the act provides nonquota status for:

An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad.

(This provision of law applies equally to all aliens regardless of race.)

(b) An alien qualified for nonquota status under this category may be issued a nonquota immigration visa under sec

tion 4 (b) of the act upon establishing that he is not subject to exclusion from the United States under the immigration laws.

§ 42.211 Reentry permits and bordercrossing identification cards in lieu of section-4(b) visas. (a) An alien resident of the United States, who is returning from a temporary visit in a foreign country may present, in lieu of an immigration visa, (1) a resident alien's border-crossing identification card if returning after an absence from the United States of not more than 6 months: Provided, That during such absence he shall not have visited any foreign territory other than Canada or Mexico; or (2) an unexpired permit to reenter the United States. Possession of a valid reentry permit or resident alien's border-crossing identification card will exempt an alien in such a case, and any accompanying child born during the trip abroad, from the necessity of obtaining or presenting an immigration visa from an American consular officer, under the conditions set forth in § 42.202 (b).

(b) When it appears to a consular officer that a reentry permit or a bordercrossing identification card is being used by a person other than the one to whom it was issued, or when an alien in possession of a border-crossing card is outside foreign contiguous territory, the permit or card should be taken up, if possible, and a full report of the case should be forwarded to the Department, together with the permit or card, for transmission to the Department of Justice for possible cancelation of the permit or card. If a consular officer should have reason to believe that the bearer of a reentry permit or a border-crossing identification card has obtained it through fraud, he should immediately inform the Department by telegraph and submit all available evidence at once by mail. The permit or card in such a case should not be taken up or canceled by the consular officer without instructions from the Department.

(c) No notation of any kind should be placed upon a reentry permit or a border-crossing identification card, even though the bearer is believed by the consular officer to be inadmissible into the United States. Such cases should be reported to the Department by telegraph or air mail.

(d) If the bearer of an expired reentry permit or border-crossing identifi

Ication card is granted an immigration visa, the expired permit or card should be attached to the original copy of the visa application, which is delivered to the applicant and which bears the immigration visa. If an immigration visa is refused in such a case the expired permit or card should be attached to Form 256b and retained in the consular files with a statement as to why the immigration visa was refused.

§ 42.212 Extension of reentry permits. (a) When the bearer of a valid reentry permit desires to have it extended, he should be advised that he may make an application in the following form to the Immigration and Naturalization Service of the Department of Justice, Washington 25, D. C., for an extension. The alien's application should state:

(1) His name and address in the United States;

(2) When, where, and by what means he departed from the United States;

(3) The port of landing and date of arrival abroad;

(4) The countries in the order visited by him after leaving the United States; (5) The reason for such extension and purposes for which desired; and

(6) Applicant's foreign address to which permit is to be returned.

(b) The application for extension of a reentry permit should show the number of the permit (which is printed in red ink in the upper right-hand corner of the permit) and the application number (which is typed above the permit number). The reentry permit must accompany the application for extension.

(c) The application for extension of a reentry permit should be sworn to before a consular officer and the usual fee of $2 should be collected for taking the oath of the alien concerned. If an alien is unable to appear before a consular officer without great inconvenience or expense for the purpose of making an application for an extension of his reentry permit, the application need not be made under oath. In that event it should contain an explanation by the alien for his failure to appear in person before a consular officer. Consular officers should not transmit applications for extension of reentry permits.

(d) Payment by an alien of the fee of $3 required for granting an extension of a reentry permit should be made by in

ternational postal money order drawn to the order of the Commissioner of Immigration and Naturalization, Washington 25, D. C.

§ 42.213 Proof of returning-resident status. The burden of proof rests on a returning resident alien applying for a nonquota immigration visa under section 4 (b) of the act to show:

(a) That he previously has been admitted lawfully into the United States for permanent residence;

(b) That he departed from the United States with the intention of returning to reside in the United States;

(c) That he has an unrelinquished domicile in the United States;

(d) That his stay abroad, if protracted, was caused by justifiable reasons over which he had little or no control and for which he was not responsible.

§ 42.214 Evidence of previous lawful admission. A consular officer should inquire carefully into the facts in the case of an applicant for a nonquota immigration visa as a returning resident alien under section 4 (b) of the act and satisfy himself beyond doubt that the alien has been admitted lawfully into the United States for permanent residence. An expired reentry permit originally issued since January 1, 1932; a resident alien's border-crossing identification card; a declaration of intention to become an American citizen, such declaration being dated on or after July 1, 1929; conclusive evidence of a record of registry under the act of March 2, 1929, as amended, or under the provisions of section 328 (b) of the Nationality Act of 1940; and immigrant identification cards (except those issued to students under section 4 (e) of the act), may be accepted as primafacie evidence of an alien's previous lawful admission into the United States for permanent residence.

(b) An alien who is absent from the United States under the provisions of section 307 (b) of the Nationality Act of 1940 is considered to be a statutory resident of the United States.

(c) An alien whose case falls within the provisions of one of the two preceding paragraphs is considered to be entitled to receive a nonquota section 4 (b) immigration visa so far as the question of his absence from the United States may be concerned. Other ques

tions arising in regard to such cases should be referred to the Department for appropriate instructions.

§ 42.216 Verification of previous lawful admission. (a) If a consular officer has any doubt whether an alien's last entry into the United States was a lawful entry for permanent residence, such entry should be verified. If the entry was made prior to July 1, 1924, an inquiry should be addressed direct to the immigration official at the port where the applicant claims his last entry into the United States was made. If the entry was made on or subsequent to July 1, 1924, a request for verification of entry should be made to the Department for reference to the Department of Justice. A signed photograph of the applicant should be furnished in each case when practicable. Any verification obtained from the Immigration and Naturalization Service, Department of Justice, will be transmitted to the consular office.

(b) When a request for verification of previous lawful entry is made by telegraph, the consular officer should require the alien to make a deposit of a sufficient sum of money to cover the possible cost of furnishing, in addition to the alien's name, date and ship of arrival, information regarding his age, place of birth, marital status, the name of a relative or friend in the United States, and such other information as may be deemed by the consular officer or by the immigration officials desirable for the proper identification of the applicant. The telegraph should be used only in cases of the utmost urgency.

(c) The records of admission at seaport of entry before July 1, 1924 are in the form of original passenger manifests of arriving vessels and, consequently, information regarding an alien's previous lawful entry cannot be supplied unless the immigration authorities are informed of the date of arrival and name of the ship.

(d) In an urgent case in which there is not sufficient time to verify the alien's previous lawful admission, and the alien desires to make application for a quota immigration visa chargeable to an unfilled quota, or for a section-4 (c) visa if he is a native of a nonquota country, the consular officer may act upon such application if he finds that the alien is admissible under the immigration laws. In such cases the alien may be informed that after arrival in the United States he may consult the appropriate authorities of the Immigration and Naturalization Service regarding the question of the effect which such an entry, along with other factors, may have upon the continuity of his residence for naturalization purposes.

(e) When official verification of the alien's previous lawful admission has been obtained, a copy of the official statement verifying the entry should be attached to the visa issued.

§ 42.217 Previous admission as student or nonimmigrant insufficient. Previous admission of an alien into the United States as a nonimmigrant, or as a student under section 4 (e), is not considered as constituting lawful admission within the meaning of section 4 (b) of the act.

§ 42.218 Verification of circumstances of applicant's departure from the United States. In determining the period of an alien's absence, or the circumstances of an alien's departure, from the United States a consular officer may, when such action appears to be warranted, request verification of the date or circumstances of departure. Such an inquiry should be addressed to the immigration authorities at the port of departure and should include information relative to the alleged date and means of departure.

§ 42.219 Waiver of supporting documents. An alien applying for a nonquota immigration visa under section 4 (b) of the act, who was previously admitted into the United States for permanent residence with an immigration visa issued under some other classification, need not be required to furnish the documents referred to in section 7 (c) of the act, unless they are necessary to establish his identity or admissibility. Such an alien must, however, establish by appropriate evidence that he is not subject to exclusion from admission into the United States under the immigration

laws. In issuing section-4(b) immigration visas under this paragraph, a statement that the section-7 (c) documents have been waived should be inserted on Forms 256a and 256b in the blank space provided for listing available documents.

§ 42.220 Natives of Western Hemisphere countries. (a) Section 4 (c) of the act provides nonquota status for:

An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him. (This provision of law does not apply to Chinese persons or to aliens racially ineligible to naturalization in the United States.)

(b) An alien who is able to qualify for nonquota status under section 4 (c) of the act may be issued a nonquota section4(c) immigration visa, provided he is not found to be inadmissible into the United States under the immigration laws.

§ 42.221 Classes entitled to nonquota 4 (c) status. (a) Section 4 (c) of the act provides nonquota status for an immigrant (regardless of sex) who was born in one of the countries or places specified in that section of the law, regardless of the residence, citizenship, or nationality of the immigrant.

(b) If the wife of an immigrant specified in the preceding paragraph is accompanying or following to join her husband and was not born in a nonquota country she would nevertheless be entitled to nonquota status under section 4 (c), gardless of her birthplace, residence, citizenship, or nationality.

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(c) The unmarried child under 18 years of age, accompanying or following to join a parent specified in paragraph (a), is entitled to nonquota status under section 4 (c), regardless of the birthplace, residence, citizenship, or nationality of the child.

(d) Nonquota status under section 4 (c) cannot be affected by the provisions of section 12 (a) of the act. The wife, born in a section-4(c) country or place, of an alien born in a quota country is entitled to nonquota status under section 4 (c), regardless of birthplace, citizenship, or nationality of the husband and regardless of whether the wife

is preceding, accompanying, or following to join her husband in the United States. An alien child, regardless of age or marital status, born in a section-4 (c) country or place, is entitled to nonquota status under section 4 (c), even if the child is a minor and is accompanying an alien parent born in a quota country.

(e) Section 4 (c) does not provide nonquota status for a child 18 years of age or over, or married, who was not born in a section-4(c) country or place, even if the child is accompanying or following to join a parent who was born in a 4 (c) country or place. As section 5 of the act prohibits the granting of nonquota status to an alien by reason of his or her relationship to another alien, unless some provision of the act specifically provides such nonquota status, it is considered that nonquota status cannot be properly conferred upon an alien by the provisions of section 12 (a) of the act, which deals with quota nationality and not with nonquota status.

(f) If a nonquota immigrant classifiable under section 4 (c) desires to bring in or send for his or her alien child 18 years of age or over, or married (regardless of age), who was born in a quota country, such child will be classifiable as a quota immigrant. Such child should be charged to the quota of the country of birth, unless the child is under 21 years of age and is accompanying a parent born in a quota country, in which event the child should be charged to the quota of the country of birth of the accompanying parent. As the act does not specifically prescribe a waiting-list procedure for quota immigrants, and as section 12 (a) apparently was intended to prevent a minor child from being separated from its accompanying parents by quota restrictions, a child who is 18 years of age or over but who is under 21 years of age, married or unmarried, and who was born in a quota country and is accompanying to the United States a parent or parents classifiable under section 4 (c) of the act, may be issued a nonpreference-quota immigration visa, if eligible for admission into the United States under the immigration laws, and the first unused quota number under the quota of the country in which the child was born may be assigned for use in issuing an immigration visa to the child without regard to the question of the priority of such child on a quota waiting list.