IMMIGRATION AND NATIONALITY ACT MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000050002-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 101
• Document Creation Date: November 17, 2016
• Document Release Date: July 31, 2000
• Sequence Number: 2
• Publication Date: June 25, 1952
• Content Type: REGULATION

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82D CONGRESS t HOUSE OF REPRESENTATIVES J DOCUMENT
2d Session 1 No. 520
IMMIGRATION AND NATIONALITY ACT
MES SAGE
BROM
THE PRESIDENT OF THE UNITED STATES
RETunNING
WITHOUT APPROVAL THE BILL (H. R. 5678) TO REVISE THE LAWS
RELATING TO IMMIGRATION AND NATIONALITY, AND FOR OTHER
PURPOSES
JUNE 25, I952.?Ordered to be printed
To the House of Representatives:
I return herewith, without my approval, H. R. 5678, the proposed
Immigration and Nationality Act.
In outlining my objections to this bill, I want to make it clear that it
,contains certain provisions that meet with my approval. This is a
long and complex piece of legislation. It has 164 separate sections,
some with more than 40 subdivisions. It presents a difficult problem
of weighing the good against the bad, and arriving at a judgment on
the whole.
- H. R. 5678 is an omnibus bill which would revise and codify all of our
'laws relating to immigration, naturalization, and nationality.
A general revision and modernization of these laws unquestionably
is needed and long overdue, particularly with respect to immigration.
But this bill would not provide us with an immigration policy adequate
for the present world situation. Indeed, the bill, taking all its pro-
visions together, would be a step backward and not a step forward. In
view of the crying need for reform in the field of immigration, I deeply
regret that I am unable fo approve H. R. 5678.
In recent years our immigration policy has become a matter of major
national concern. Long dormant questions about the effect of our
immigration laws now assume first-rate importance. What we do in
the field of immigration and naturalization is vital to the continued
growth and internal development of the United States?to the eco-
nomic and social strength of our country?which is the core of the
II. Doc. 520, 82-2-1 1
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IMMIGRATION AND NATIONALITY ACT
defense of the free world. Our immigration policy is equally, if not
more, important to the conduct of our foreign relations and to our
responsibilities of moral leadership in the struggle for world peace.
In one respect, this bill recognizes the great international signifi-
cance of our immigration and naturalization policy, and takes a step
to improve existing laws. All racial bars to naturalization would be
removed, and at least some minimum immigration quota would be
afforded to each of the free nations of Asia.
I have long urged that racial or national barriers to naturalization
be abolished. ?This was one of the recommendations in my civil-
rights message to the Congress on February 2, 1948. On February 19,
1951, the House of Representatives unanimously passed a bill to carry
it out.
But now this most desirable provision comes before me embedded
in a mass of legislation which would perpetuate injustices of long
standing against many other nations of the world, hamper the efforts
we are making to rally the men of the east and west alike to the
cause of freedom, and intensify the repressive and inhumane aspects
of our immigration procedures. The price is too high and, in good
conscience, I cannot agree to pay it.
I want all our residents of Japanese ancestry, and all our friends
throughout the Far East, to understand this point clearly. I cannot
take the step I would like to take, and strike down the bars that
prejudice has erected against them, without, at the same time, estab-
lishing new discriminations against the peoples of Asia and approving
harsh and repressive measures directed at all who seek a new life
within our boundaries. I am sure that with a little more time and
a little more discusion in this country the public conscience and the
good sense of the American people will assert themselves, and we shall
be in a position to enact an immigration and naturalization policy
that will be fair to all.
In addition to removing racial bars to naturalization, the bill would
permit American women citizens to brim). their alien husbands to
this country as nonquota immigrants, and enable alien husbands of
resident women aliens to come in under the quota in a preferred
status. These provisions would be a step toward preserving the
integrity of the family under our immigration laws, and are clearly
desirable.
The bill would also relieve transportation companies of ,some of
the unjustified burdens and penalties now imposed upon them. In
particular, it would put an end to the archaic requirement that carriers
pay the expenses of aliens detained at the port of entry, even though
such aliens have arrived with proper travel documents.
But, these few improvements are heavily outweighed by other pro-
visions of the bill which retain existing defects in our laws, and add
many undesirable new features.
The bill would continue, practically without change, the national
origins quota system, which was enacted into law in 1924, and put
into effect in 1929. This quota system?always based upon assunip-
tions at variance with our American ideals?is long since out of date
and more than ever unrealistic in the face of present world conditions.
This system hinders us in dealing with current. immigration prob-
lems, and is a constant handicap in the conduct of our foreign rela-
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IMMIGRATION AND NATIONALITY AUL
tions. As I stated in my message to Congress on March 24, 1952, on
the need for an emergency program of immigration from Europe:
Our present quota system is not only inadequate to meet present emergency
needs, it is also an obstacle to the development of an enlightened and satisfactory
immigration policy for the long-run future.
The inadequacy of the present quota system has been demonstrated
since the end of the war, when we were compelled to resort to emer-
gency legislation to admit displaced persons. If the quota system
remains unchanged, we shall be compelled to resort to similar emer-
gency legislation again, in order to admit any substantial portion of
the refugees from communism or the victims of overcrowding in
Europe.
With the idea of quotas in general there is no quarrel. Some
numerical limitation must be set, so that immigration will be within
?fir capacity to absorb. I3ut the over-all limitation of numbers im-
posed by the national origins quota system is too small for our needs
today, and the country by country limitations create a pattern that
is insulting to large numbers of our finest citizens, irritating to our
allies abroad, and foreign to our purposes and ideals.
The over-all quota limitation, under the law of 1924, restricted
annual immigration to approximately 150,000. This was about one-
seventh of 1 percent of our total population in 1920. Taking into
account the growth in population since 1920, the law now allows us
but one-tenth of 1 percent of our total population. And since the
largest national quotas are only partly used, the number actually
coming in has been in the neighborhood of one-fifteenth of 1 percent.
This is far less than we must have in the years ahead to keep up with
the growing needs of our Nation for manpower to maintain the
strength and vigor of our economy.
The greatest vice of the present quota system, however, is that it
discriminates, deliberately and intentionally, against many of the
peoples of the world. The purpose behind it was to cut down and
virtually eliminate immigration to this country from southern and
eastern Europe. A theory was invented to rationalize this objective.
The theory was that in order to be readily assimilable, European
immigrants should be admitted in proportion to the numbers of
persons of their respective national stocks already here as shown by
the census of 1920. Since Americans of English, Irish, and German
Noe descent were most numerous, immigrants of those three nationalities
got the lion's share?more than two-thirds?of the total quota. The
remaining third was divided up among all the other nations given
quotas.
The desired effect was obtained. Immigration from the newer
sources of Southern and Eastern Europe was reduced to a trickle.
The quotas allotted to England and Ireland remained largely unused,
as was intended. Total quota immigration fell to a half or a third?
and sometimes even less?of the annual limit of 154,000. People from
such countries as Greece, or Spain, or Latvia were virtually deprived
of any opportunity to come here at all, simply because Greeks or
Spaniards or Latvians had not come here before 1920 in any sub-
stantial numbers.
The idea behind this discriminatory policy was, to put it baldly, that
Americans with English or Irish names were better people and better
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4 IMMIGRATION AND NATIONALITY ACT
citizens than Americans with Italian or Greek or Polish names. It
was thought that people of West European origin made better citizens
than Rumanians or Yugoslays or Ukrainians or Hungarians or Baits
or Austrians. Such a concept is Utterly unworthy of our traditions
and our ideals. It violates the great political doctrine of the Declara-
tion of Independence that "all men are created equal." It denies the
humanitarian creed inscribed beneath the Statue of Liberty proclaim-
ing to all nations, "Give me your tired, your poor, your huddled masses
yearning to breathe free."
It repudiates our basic religious concepts, our belief in the brother-
hood of man, and in the words of St. Paul that "there is neither Jew
nor Greek, there is neither bond nor free, . . . for ye are all one in
Christ Jesus."
The basis of this quota system was false and unworthy in 1924. It
is even worse now. At the present time this quota system keeps out
the very people we want to bring in. It is incredible to me that, in
this year of 1952, we should again be enacting into law such a slur
.on the patriotism, the capacity, and the decency of a large part of our
citizenry.
Today, we have entered into an alliance, the North Atlantic Treaty,
with Italy, Greece, and Turkey against one of the most terrible threats
mankind has ever faced. We are asking them to join with us in
protecting the peace of the world. We are helping them to build their
defenses, and train their men, in the common cause. But, through
this bill we say to their people: You are less worthy to come to this
country than Englishmen or Irishmen; you Italians, who need to find
homes abroad in the hundreds of thonsands?you shall have a quota
of 5,645; you Greeks, struggling to assist the helpless victims of a
Communist cival war? you shall have a quota of 308; and you Turks,
you are brave defenders of the eastern flank, but you shall have a quota
of only 225.
Today, we are "protecting" ourselves as we were in 1924, against
being flooded by immigrants from Eastern Europe This is fantastic.
The countries of Eastern Europe have fallen under the Communist
yoke?they are silenced, fenced off by barbed wire and minefields?
no one passes their borders but at the risk of his life. We do not need
to be protected against immigrants from these countries?on the con-
trary we want to stretch out a helping hand, to save those who have
managed to flee into Western Europe, to succor those who are brave
enough to escape from barbarism, to welcome and restofe them
against the day when their countries will, as we hope, be free again.
But this we cannot do, as we would like to do, because the quota for
Poland is only 6,500, as against the 138,000 exciled Poles, all over
Europe, who are asking to come to these shores; because the quota
for the now subjugated Baltic countries is little more than 700?
against the 23,000 Baltic refugees imploring us to admit them to a
new life here; because the.quota for Rumania is only 289, and some
30,000 Rumanians, who have managed to escape the labor camps and
the mass deportations of their Soviet masters, have asked our help.
These are only a few examples of the absurdity, the cruelty of carry-
ing over into this year of 1952 the isolationist limitations of our 1924
law.
In no other realm of our national life are we so hampered and
stultified by the dead hand of the past, as we are in this field of im-
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migration. We do not limit our cities to their 1920 boundaries?we
do not hold our corporations to their 1920 capitalizations?we wel-
come progress and change to meet changing conditions in every sphere
of life, except in the field of immigration.
The time to shake off this dead weight of past mistakes is now. The
time to develop a decent policy of immigration?a fitting instrument
for our foreign policy and a true reflection of the ideals we stand for,
at home and abroad?is now. In my earlier message on immigration,
I tried to explain to the Congress that the situation we face in im-
migration is an emergency?that it must be met promptly. I have
pointed out that in the last few years, we have blazed a new trail in
immigration, through our displaced persons program. Through the
combined efforts of the Government and private agencies, working
together not to keep people out, but to bring qualified people in,
we
summoned our resources of good will and human feeling to meet the
task. In this program we have found better techniques to meet the
immigration problems of the 1950's.
None of this fruitful experience of the last 3 years is reflected in
this bill before me. None of the crying human needs of this time of
trouble is recognized in this bill. But it is not too late. The Congress
can remedy these defects, and it can adopt legislation to meet the most
critical problems before adjournment.
The only consequential change in the 1924 quota system which the
bill would make is to extend a small quota to each of the countries of
Asia. But most of the beneficial effects of this gesture are offset by
other provisions of the bill. The countries of Asia are told in one
breath that they shall have quotas for their nationals, and in the next
that the nationals of the other countries, if their ancestry is as much as
50 percent Asian shall be charged to these quotas.
It is only with respect to persons of oriental ancestry that this
invidious discrimination applies. All other persons are charged to
the country of their birth. But persons with Asian ancestry are
charged to the countries of Asia, wherever they may have been born,,
or however long their ancestors have made their homes outside the
land of their origin. These provisions are without justification.
I now wish to turn to the other provisions of the bill, those dealing
with the qualifications of aliens and immigrants for admission, with
the administration of the laws, and with problems of naturalization
and nationality. In these provisions, too, I find objections that pre-
clude my signing this bill.
The bill would make it even more difficult to enter our country.
Our resident aliens would be more easily separated from homes and
families under grounds of deportation, both new and old, which would
specifically be made retroactive. Admission to our citizenship would
be made more difficult; expulsion from our citizenship would be made
easier. Certain rights of Dative-born, first-generation Americans
would be limited. All our citizens returning from abroad would De
subjected to serious risk of unreasonable invasions of privacy. Seldom
has a bill exhibited the distrust evidenced here for citizens and aliens
alike?at a time when we need unity at home and the confidence of
our friends abroad.
We have adequate and fair' provisions in our present law to pro-
tect us against the entry of criminals. The changes made by the
bill in those provisions would result in empowering minor immigra-
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IMMIGRATION A NATIO NALITY
don and consular officials to act as prosecutor, judge, and jury in deter-
mining whether acts constituting a crime have been committed.
Worse we would be compelled to exclude certain people because
they have been convicted by "courts" in Communist countries that
know no justice. Under this provision, no matter how construed, it
would not be possible for us to admit many of the men and women who
have stood up against totalitarian repression and have been punished
for doing so. I do not approve of substituting totalitarian vengeance
for democratic justice. I will not extend full faith and credit to the
judgments of the Communist secret police.
The realities of a world, only partly free, would again be ignored
in the provision flatly barring entry to those who made misrepresenta-
tions in securing visas. To save their lives and the lives of loved ones
still imprisoned, refugees from tyranny sometimes misstate various
details of their lives. We do not want to encourage fraud. But we
mnst recognize that conditions in some parts of the world drive our
friends to desperate steps. As exception restricted to cases involving
misstatement of country of birth is not sufficient. And to make refu-
gees from oppression forever deportable on such technical grounds
is shabby treatment indeed.
Some of the new grounds of deportation which the bill would
provide are unnecessarily severe. Defects and mistakes in admission
would serve to deport at any time because of the bill's elimination,
retroactively as well as prospectively, of the present humane provision
barring deportations on such grounds 5 years after entry. Narcotic-
drug addicts would be deportable at any time, whether or not the ad-
diction was culpable, and whether or not cured. The threat of de-
portation would drive the addict into hiding beyond the reach of
cure, and the danger to the country from drug addiction would be
increased.
I am asked to approve the reenactment of highly objectionable
provisions now contained in the Internal Security Act of 1950?a mea-
sure passed over my veto shortly after the invasion of South Korea.
Some of these provisions would empower the Attorney General to
deport any alien who has engaged or has had a purpose to engage in
activities "prejudicial to the public interest" or "subversive to the na-
tional security." No standards or definitions are provided to guide
discretion in the exercise of powers so sweeping. To punish undefined
"activities" departs from traditional American insistence on estab-
lished standards of guilt. To punish an undefined "purpose" is
thought control.
These provisions are worse than the infamous Alien Act of 1798,
passed in a time of national fear and distrust of foreigners, which
gave the President power to deport any alien deemed "dangerous to
the peace and safety of the United States." Alien residents were
thoroughly frightened and citizens much disturbed by that threat to
liberty.
Such powers are inconsistent with our democratic ideals. Confer-
ring powers like that upon the Attorney General is unfair to him
as well as to our alien residents. Once fully informed of such vast
discretionary powers vested in the Attorney General, Americans now
would and should be just as alarmed as Americans were in 1798 over
less drastic powers vested in the President.
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Heretofore, for the most part, deportation and exclusion have rested
upon findings of fact made upon evidence. Under this bill, they would
rest in many instances upon the "opinion" or "satisfaction" of immi-
gration or consular employees. The change from objective findings
to subjective feelings is not compatible with our system of justice.
The result would be to restrict or eliminate judicial review of unlaw-
ful administrative action.
The bill would sharply restrict the present opportunity of citizens
and alien residents to save family members from deportation. Under
the procedures of present law, the Attorney General can exercise his
discretion to suspend deportation in meritorious cases. In each such
.1
case, at the present time, the exercise of administrative discretion is
subject to the scrutiny and approval of the Congress. Nevertheless,
the bill would prevent this discretion from being used in many cases
where it is now available, and would narrow the circle of those who
can obtain relief from the letter of the law. This is most unfortunate,
because the bill, in its other provisions, would impose harsher restric-
tions and greatly increase the number of cases deserving equitable
relief.
Native-born American citizens who are dual nationals would be
subjected to loss of citizenship on grounds not applicable to other
native-born American citizens. This distinction is a slap at millions
of Americans whose fathers were of alien birth.
Children would be subjected to additional risk of loss of citizenship.
Naturalized citizens would be subjected to the risk of dftlituraliza-
tion by any procedure that can be found to be permitted under any
State law or practice pertaining to minor civil-law suits. Judicial
review of administrative denials of citizenship would be severely
limited and impeded in many cases, and completely eliminated in
others. I believe these provisions raise serious constitutional ques-
tions. Constitutionality aside, I see no justification in national policy
for their adoption.
Section 401 of this bill would establish a Joint Congressional Com-
mittee on Immigration and Nationality Policy. This committee
would have the customary powers to hold hearings and to subpena
witnesses, books, papers, and documents. But the committee would
also be given powers over the executive branch which are unusual and
of a highly questionable nature. Specifically, section 401 would pro-
vide that?
The Secretary of State and the Attorney General shall without delay submit to
the committee all regulation, instructions, and all other information as re-
quested by the committee relative to the administration of this Act.
This section appears to be another attempt to require the executive
branch to make available to the Congress administrative documents,
communications between the President and his subordinates, con-
fidential files, and other records of that character. It also seems to
imply that the committee would undertake to supervise or approve
regulations. Such proposals are not consistent with the constitutional
doctrine of the separation of powers.
In these and many other respects, the bill raises basic questions as
to our fundamental immigration and naturalization policy, and the
laws and practices for putting that policy into effect.
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Many of the aspects of the bill which have been most widely criti-
cized in the public debate are reaffirmations or elaborations of existing
statutes or administrative procedures. Time and again, examination
discloses that the revisions of existing law that would be made by the
bill are intended to solidify some restrictive practice of our immigra-
tion authorities, or to overrule or modify some ameliorative decision
of the Supreme Court or other Federal courts. By and large, the
changes that would be made by the bill do not depart from the basically
restrictive spirit of our existing laws?but intensify and reinforce it.
These conclusions point to an underlying condition which deserves
the most careful study. Should we not undertake a reassessment of
our immigration policies and practices in the light of the conditions
that face us in the second half of the twentieth century ? The great
popular interest which this bill has created, and the criticism which it
has stirred up, demand an affirmative answer. I hope the Congress
will agree to a careful reexamination of this entire matter.
To assist in this complex task, I suggest the creation of a representa-
ti.ve commission of outstanding Americans to examine the basic as-
sumptions of our immigration policy, the quota system and all that
goes with it, the effect of our present immigration and nationality
Laws, their administration, and the ways in which they can be brought
into line with our national ideals and our foreign policy.
Such a commission should, I believe, be established by the Congress.
Its membership should be bipartisan and divided equally among
persons frofn private life and persons from public life. I suggest
that four members be appointed by the President, four by the Presi-
dent of the Senate, and four by the Speaker of the House of Repre-
sentatives. The commission should be given sufficient funds to employ
a staff and it should have adequate powers to hold hearings, take testi-
mony, and obtain information. It should make a report to the Presi-
dent and to the Congress within a year from the time of its creation.
Pending the completion of studies by such a commission, and the
consideration of its recommendations by the Congress, there are cer-
tain steps which I believe it is most important for the Congress to
take this year.
First, I urge the Congress to enact legislation removing racial bar-
riers against Asians from our laws. Failure to take this step profits
us nothing and can only have serious consequences for our relations
with the peoples of the Far East. A major contribution to this end
would be the prompt enactment by the &nate of H. R. 403. That
bill, already passed by the House of Representatives, would remove
the racial bars to the naturalization of Asians.
Second, I strongly urge the Congress to enact the temporary, emer-
gency immigration legislation which I recommended 3 months ago.
In my message of March 24, 1952, I advised the Congress that one of
the gravest problems arising from the present world crisis is created
by the overpopulation in parts of Western Europe. That condition is
aggravated by the flight and expulsion of people from behind the iron
curtain. In view of these serious problems, I asked the Congress to
authorize the admission of 300,000 additional immigrants to the United
States over a 3-year period. These immigrants would include Greek
nationals, Dutch nationals, Italians from Italy and Trieste, Germans
and persons of German ethnic origin, and religious and political refu-
gees from communism in Eastern Europe. This temporary program
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IMMIGRATION AND NATIONALITY ACT 9
is urgently needed. It is very important that the Congress act upon
it this year. I urge the Congress to give prompt and favorable con-
sideration to the bills introduced by Senator Hendrickson and Repre-
sentative Cellar (S. 3109 and H. R. 7376), which will implement the re-
commendations contained in my message of March 24.
I very much hope that the Congress will take early action on these
recommendations. Legislation to carry them out will correct some
of the unjust provisions of our laws, will strengthen us at home and
abroad, and will serve to relieve a great deal of the suffering and ten-
sion existing in the world today.
THE WHITE HOUSE, June 05, 1950.
HARRY S. TRUMAN".
FL R. 5078
?
EIGHTY-SECOND CONGRESS OF THE UNITED STATER OF AMERICA, AT THE SECOND
SESSION, BEGUN AND IIELD AT THE CITY Or WASHINGTON ON TUESDAY, TFIE
EIGHTH DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND FIFTY-TWO
AN ACT To revise the laws relating to Immigration, naturalization, and nationality; and
for other purposes
Be it enacted by the Senate and House of Vepresentatives of tha United States
of America in Congress assembled, That this Act, divided into titles, chapters,
and sections according to the following table of contents, may be cited as the
"Immigration and Nationality Act".
TABLE OF CONTENTS
TITLE) I?GENERAL
Sec. 101. Definitions.
Sec. 102. Applicability of title II to certain nonimmigrants.
Sec. 103. Powers and duties of the Attorney General and the Commissioner.
Sec. 104. Powers and duties of the Secretary of State; Bureau of Security and Consular
Affairs.
Sec. 105. Liaison with internal security officers.
TITLE II?IMMIGRATION
CHAPTER 1?QUOTA SYSTEM
Sec. 201. Numerical limitations; annual quota based upon national origin; minimum
quotas.
Sec. 202. Determination of quota to which an immigrant is chargeable.
Sec. 203. Allocation of immigrant visas within quotas.
Sec. 204. Procedure for granting immigrant status under section 101 (a) (27) (F) (I) or
203 (a) (1) (A).
See. 205. Procedure for granting nonquota status or preference by reason of relationship.
Sec. 200. Revocation of approval of petitions.
Sec. 207. Unused quota immigrant visas.
CHAPTER 3---QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND
ALIENS
Sec. 211. Documentary requirements.
Sec. 212. General classes of aliens ineligible to receive visas and excluded from admission.
Sec. 213. Admission of aliens on giving bond or cash deposit.
Sec. 214. Admission of nonimmigrants.
Sec. 215. Travel control of aliens and citizens in time of war or national emergency.
CHAPTER 3?ISSUANCE ON ENTRY DOCUMENTS
Sec. 221. Issuance of visas.
Sec. 222. Applications for visas.
Sec. 223. Reentry permits.
See. 224. Nonquota immigrant visas.
CHAPTER 4?PROVISIONS RELATING TO ENTRY AND EXCLUSION
Sec. 231. Lists of aliens and citizen passengers arriving or departing; record of resident
aliens and citizens leaving permanently for foreign country.
Sec. 232. Detention of aliens for observation and examination.
Sec. 233. Temporary removal for examination upon arrival.
Sec. 234. Physical and mental examination.
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TABLE OF CONTENTS-Continued
TITLE II-IXIMIGRATION-Continued
CHAPTER 4-PROVISIONS RELATING TO ENTRY AND EXCLUSION-continued
Sec. 235. Inspection by immigrant officers.
Sec. 236. Exclusion of aliens.
Sec. 237. Immediate deportation of aliens excluded from admission or entering in violation
of law.
See. 238. Entry through or from foreign contiguous territory and adjacent islands; landing
stations. ?
Sec. 239. Designation of ports of entry for aliens arriving by civil aircraft.
Sec. 240. Records of admission.
CHAPTER 5-DEPORTATION; ADJUSTMENT OF STATUS
Sec. 241. General classes of deportable aliens.
Sec. 242. Apprehension and deportation of aliens.
Sec. 243. Countries to which aliens shall be deported; cost of deportation.
Sec. 244. Suspension of deportation; voluntary departure.
Sec. 245. Adjustment of status of nonimmigrant to that of person admitted for permanent
residence.
See. 246. Rescission of adjustment of status.
Sec. 247. Adjustment of status f certain resident aliens to nonimmigrant status.
Sec. 248. Change of nonimmigrant classification.
Sec. 249. Record of admission for permanent residence in the case of certain aliens who.
entered prior to July 1, 1924.
Sec. 250. Removal of aliens who have fallen into distress.
CHAPTER 6-SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN
Sec. 251. Lists of alien crewmen ; reports cf illegal landings.
Sec. 252. Conditional permits to land temporarily.
Sec. 253. Hospital treatment of alien crewmen afflicted with certain diseases.
Sec. 254. Control of alien crewmen.
Sec. 255. Employment on passenger vessels of aliens afflicted with certain disabilities.
Sec. 256. Discharge of alien crewmen.
Sec. 257. Bringing in alien crewmen into United States with intent to evade immigration
laws.
CHAPTER 7-REGISTRATION OF ALIENS
Sec. 261. Aliens seeking entry into the United States.
Sec. 262. Registration of aliens in the United States.
Sec. 263. Provisions governing registration of special groups.
Sec. 264. Forms and procedure.
Sec. 265. Notices of change of address.
Sec. 266. Penalties.
CHAPTER 8-GENERAL PENALTY PROVISIONS
Sec. 271. Prevention of unauthorized landing of aliens.
Sec. 272. Bringing in alien subject to disability or affiliated with disease.
Sec. 273. Unlawful bringing of aliens into United States.
Sec. 274. Bringing in and harboring certain aliens.
Sec. 275. Entry of alien at improper time or place; misrepresentation and concealment of
facts.
Sec. 276. Reentry of deported alien.
Sec. 2(7. Aiding or assisting subversive alien to enter the United States.
Sec. 278. Importation of aliens for immoral purposes.
Sec. 279. Jurisdiction of district courts.
Sec. 280: Collection of penalties and expenses
CHAPTER 9-MISCELLANEOUS
Sec. 281. Schedule of fees.
Sec. 282. Printing of reentry permits and blank forms of manifests and crew lists.
Sec. 283. Travel expenses and expense of transporting remains of immigration officers an
employees who die outside the United States.
Sec. 284. Members of the Armed Forces.
Sec. 285. Disposal of privileges at immigrant stations.
Sec. 286. Disposition of moneys collected under the provisions of this title.
Sec. :287. Powers of immigration officers and employees.
Sec. 288. Local jurisdiction over immigrant stations.
Sec. 2 9. American Indians born in Canada.
Sec. 290. Central file; information from other departments and agencies.
Sec. 291. Burden of proof.
Sec. 292. Right to counsel.
TITLE HI-NATIONALITY AND NATURALIZATION
CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
Sec. 301. Nationals and citizens at birth.
Sec. 302. Persons born in Puerto Rico.
Sec. 303. Persons born in the Canal Zone.
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IMMIGRATION AND NATIONALITY ACT 11
TABLE OF CONTENTS-Continued
TITLE III-NATIONALITY AND NATURALIZATION-COB tinned
CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION-continued
Sec. 304. Persons born in Alaska.
See. 305. Persons born in Hawaii.
See. 306. Persons living and born in the Virgin Islands.
Sec. 307. Persons living in and born in Guam.
Sec. 308. Nationals but not citizens at birth.
Sec. 309. Children born out of wedlock.
CHAPTER 2-NATIONALITY THROUGH NATURALIZATION
Sec. 310. Jurisdiction to naturalize.
Sec. 311. Eligibility for naturalization.
Sec. 312. Requirements as to understanding the English language, history, principles and
form of government f the United States.
Sec. 313. Prohibition upon the naturalization of persons opposed to government or law,
or who favor totalitarian f rms of government.
Sec. 314. Ineligibility to naturalization of deserters from the Armed Forces of the United
States.
Sec. 315. Alien relieved from training and service in the Armed Forces of the United
States because of alienage barred from citizenship.
Sec. 316. Requirements as to residence, good in ral character, attachment to the principles
of the Constitution, and favorable disposition to the United States.
Sec. 317. Temporary absence of persons performing religious duties.
Sec. 318. Prerequisites to naturalization-burden of pr.mf.
Sec. 319. Married persons.
Sec. 320. Children born outside of United States of one alien and one citizen parent.
See. 321. Children born outside of United States of alien parent.
Sec. 322. Child born outside of United States; naturalization on petition of citizen parent;
requirements and exemptions.
Sec. 323. Children adopted by United States citizens.
Sec. 324. Former citizens regaining United States citizenship.
Sec. 325. Nationals but not citizens of the United States; residence within outlying
possessions.
Sec. 326. Resident Philippine citizens excepted from certain requirements.
Sec. 327. Former United States citizens losing citizenship by entering the armed forces of
foreign countries during World War II.
Sec. 328. Naturalization through service in the Armed Forces of the United States.
Sec. 329. Naturalization through active-duty service in Armed Forces during World War I
or World War II.
Sec. 330. Constructive residence through service on certain United States vessels.
Sec. 331. Alien enemies ; naturalization under specified conditions and procedure.
Sec. 332. Procedural and administrative provisions; executive functions.
Sec. 333. Photographs.
Sec. 334. Petition for naturalization; declaration of intention.
Sec. 335. Investigation of petitioners; preliminary examinations on petitions.
Sec. 336. Final hearing in open court; examination of petitioner before the court.
Sec. 337. Oath of renunciation and allegiance.
Sec. 338. Certificate of naturalization; contents.
Sec. 339. Functions and duties of clerks.
Sec. 340. Revocation of naturalization.
Sec. 341. Certificates of citizenship ; procedure.
Sec. 342. Cancellation of certificates not to affect citizenship status.
Sec. 343. Documents and copies issued by the Attorney General.
Sec. 344. Fiscal provisions.
Sec. 345. Mail relating to naturalization transmitted free of postage and registered.
Sec. 346. Publication and distribution of citizenship textbooks from naturalization fees.
Sec. 347. Compilation of naturalization statistics and payment for equipment.
Sec. 348. Admissibility in evidence of testimony as to statements voluntarily made to officers
or employees in the course of their official duties.
CHAPTER 3-LOSS OF NATIONALITY
Sec. 349. Loss of nationality by native-born or naturalized citizen.
Sec. 350. Dual nationals divestiture of foreign nationality.
Sec. 351. Restrictions on expatriation.
Sec. 352. Loss of nationality by naturalized national.
Sec. 353. Section 352 not effective as to certain persons.
Sec. 354. Section 352 (a) (2) not effective as to certain persons.
Sec. 355. Loss of American nationality through parent's expatriation; not effective until
person attains age of twenty-five years.
Sec. 356. Nationality lost solely from performance of acts or fulfillment of conditions.
See. 357. Application of treaties; exceptions.
CHAPTER 4-MI5CELLANEOUS
Sec. 358. Certificate of diplomatic or consular officer as to loss of American nationality.
Sec. 359. Certificate of nationality for a person not a naturalized citizen for use in pro-
ceedings of a foreign state.
Sec. 360. Judicial proceedings f r declaration of United States nationality in event of
denial of rights and privileges as national.
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12 IMMIGRATION AND NATIONALITY ACT
TABLE OF CONTENTS?Continued '
TITLE IV?MISCELLANEOUS
Sec. 401. Joint Congressional Committee.
'Sec. 402. Amendments to other laws.
Sec. 403. Laws repealed.
Sec. 404. Authorization of appropriations.
Sec. 405. Savings clauses,
Sec. 406. Separability.
Sec. 407. Effective date.
TITLE I?GENERAL
DEFINITIONS
SEcrioN 101. (a) As used in this Act--
(1) The term "administrator" means the administrator of the Bureau of
Security and Consular Affairs of the Department of State.
(2) The term "advocates" includes, but is not limited to, advises, recommends,
furthers by overt act, and admits belief in.
(3) The term "alien" means any person not a citizen or national of the United
States.
(4) The term "application for admission" has reference to the application for
admission into the United States and not to the application for the issuance of
an immigrant or nonimmigrant visa.
(5) The term "Attorney General" means the Attorney General of the United
States.
((I) The term "border crossing'iden tification card" means a document of iden-
tity bearing that designation issued to an alien who is lawfully admitted for per-
manent residence, or to an alien who is a resident in foreign contiguous territory,
by a consular officer or an immigration officer for the purpose of crossing over
the borders between the United States and foreign contiguous territory in ac-
cordance with such conditions for its issuance and use as may be prescribed
by regulations.
(7) The term "clerk of court" means a clerk of a naturalization court.
(8) The terms "Commissioner" and "Deputy Commissioner" mean the Com-
missioner of Immigration and Naturalization and a Deputy Commissioner of
Immigration and Naturalization, respectively.
(9) The term "consular officer" means any consular, diplomatic, or other
officer of the United States designated under regulations prescribed under au-
thority contained in this Act, for the purpose of issuing immigrant or nonim-
migrant visas. In cases of aliens, in the Canal Zone and the outlying possessions
of the United States, the term "consular officer" means an officer designated bY-
the Governor of the Canal Zone, or the governors of the outlying possessions,
for the purpose of issuing immigrant or nonimmigrant visas under this Act.
(10) The term "crewman" means a person serving in any capacity on board
.a vessel or aircraft.
(11) The term "diplomatic visa" means a nonimmigrant visa bearing that
title and issued to a nonimmigrant in accordance with such regulations as the
Secretary of State may prescribe.
(12) The term "doctrine" includes, but is not limited to, policies, practices,
purposes, aims, or procedures.
(13) The term "entry" means any coming of an alien into the United States,
from a foreign port or place or from an outlying possesssion, whether voluntarily
or otherwise, except that an alien having a lawful permanent residence in the
United States shall not be regarded as making an entry into the United States
for the purposes of the immigration laws if the alien proves to the satisfaction
of the Attorney General that his departure to a foreign port or place or to an
Outlying possession was not intended or reasonably to be expected by him or
his presence in a foreign port or place or in an outlying possession was not
voluntary: Provided, That no person whose departure from the United States
was occasioned by deportation proceedings, extradition, or other legal process
shall be held to be entitled to such execution.
? (14) The term "foreign state" includes outlying possessions of a foreign state,
but self-governing dominions or territories under mandate or trusteeship shall
be regarded as separate foreign states.
(15) The term "immigrant" means every alien except an alien who is within
one of the following classes of nonimmigrant aliens?
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(A) (i) an ambassador, public minister, or career diplomatic or consular
officer who has been accredited by a foreign government recognized de jure
by the United States and who is accepted by the President or by the Seem-
tary of State, and the members of the aliens immediate family;
(ii) upon a basis of reciprocity, other officials and employees who have
been accredited by a foreign government recognized de jure by the United
States, who are accepted by the Secretary of State, and the members of
their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants, personal employees,
and members of their immediate families, of the officials and employees who
have a nonimmigrant status under (i) and (ii) above;
(B) an alien (other than one coming for the purpose of study or of per-
forming skilled or unskilled labor or as a representative of foreign press,
radio, film, or other foreign information media coming to engage in such
vocation) having a residence in a foreign country which he has no intention
of abandoning and who is visiting the United States temporarily for business
or temporarily for pleasure ;
(C) an alien in immediate and continuous transit through the United
States, or an alien who qualifies as a person entitled to? pass in transit to
and from the United Nations Headquarters District and foreign countries,
under the provisions of paragraphs (3), (4), and (5) of section 11 of the
Headquarters Agreement with the United Nations (61 Stat. 758) ;
(I)) an alien crewman serving in good faith as such in any capacity
required for normal operation and service on board a vessel (other than a
fishing vessel having its home port or an operating base in the United States)
or aircraft, who intends to land temporarily and solely in pursuit of his call-
ing as a crewman and to depart from the United States with the vessel or
aircraft on which he arrived or some other vessel or aircraft;
(E) an alien entitled to enter the United States under and in pursuance
of the provisions of a treaty of commerce and navigation between the United
States and the .foreign state of which he is a national, and the spouse and
children of any such alien if accompanying or following to join him: (i).
solely to carry on substantial trade, principally between the United States
and the foreign state of which he is a national; or (ii) solely to develop and
direct the operations of an enterprise in which he has invested, or of an
enterprise in which he is actively in the process of investing, a substantial
amount of capital;
(F) an alien having a residence in a foreign country which he has no
intention of abandoning, who is a bona fide student qualified to pursue a
full course of study and who seeks to enter the United States temporarily
and solely for the purpose of pursuing such a course of study at an estab-
lished institution of learning or other recognized place of study in the United
States, particularly designated by him and approved by the Attorney General
after consultation with the Office of Education of the United States, which
institution or place of study shall have agreed to report to the Attorney
General the termination of attendance of each nonimmigrant student, and
if any such institution of learning or place of study fails to make reports
promptly the approval shall be withdrawn;
(G) (i) a designated principal resident representative of a foreign gov-
ernment recognized de jure by the United States, which foreign government
is a member of an international organization entitled to enjoy privileges,
exemptions, and immunities as an international organization under the
International Organizations Immunities Act (59 Stat. 669), accredited resi-
dent members of the staff of such representatives, and members of his or
their immediate family;
(ii) other accredited representatives of such a foreign government to
such international organizations, arid the members of their immediate
families ;
(iii) an alien able to qualify under (i) or (ii) above except for the fact
that the government of which such alien is an accredited representatives is
not recognized de jure by the United States, or that the government of which
he is an accredited representative is not a member of such international
organization, and the members of his immediate family;
(iv) officers, or employees of such international organizations, and the
members of their immediate families:
(v) attendants, servants, and personal employees of any such representa-
tive, officer, or employee, and the members of the immediate families of
such attendants, servants, and personal employees;
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(H) an alien having a residence in a foreign country which he has no
intention of abandoning (i) who is of distinguished merit and ability and
who is coming temporarily to. the United States to perform temporary
services of an exceptional nature requiring such merit and ability; or (ii)
who is coming temporarily to the United States to perform other temporary
services or labor, if unemployed persons capable of performing such services
or labor cannot be found in this country; or (iii) who is coming temporarily
to the United States as an industrial trainee;
(I) upon a basis of reciprocity, an alien who is a bona Me representative
of torei,,n press, radio, win, or other foreign information media, who seeks
to enter the United States solely to engage in such vocation, and the
spouse and children of such a representative, if accompanying or following
to join him.
(16) The term "immigrant visa" means an immigrant visa required by this
Act and properly issued by a consular officer at his office outside of the United
States to an eligible immigrant under the provisions of this Act.
(17) The term "immigration laws" includes this Act and all laws, conventions,
and treaties of the United States relating to the immigration, exclusion, de-
portation, or expulsion of aliens.
(18) The term "immigration officer" means any employee or class of employees
,of the Service or of the United States designated by the Attorney General,
individually or by regulation, to perform the functions of an immigration officer
specified by this Act or any section thereof.
(19) The term "ineligible to citizenship," when used in reference to any
Individual, means, notwithstanding the provisions of any treaty relating to mili-
tary service, an individual who is, or was at any time, permanently debarred
from becoming a citizen of the United States under section 3 (a) of the Selective
Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or
under section 4 (a) of the Selective Service Act of 1948, as amended (62 Stat.
C05; 65 Stat. 76), or under any section of this Act, or any other Act, or under
any law amendatory of, supplementary to, or in substitution for, any of such
sections or Acts.
(20) The term "lawfully admitted for permanent residence" means the status
of having been lawfully accorded the privilege of residing permanently in the
United States as an immigrant in accordance with the immigration laws, such
status not having changed.
(21) The term "national" means a person owing permanent allegiance to
a state.
(22) The term "national of the United States" means (A) a citizen of the
United States, or (B) a person who, though not a citizen of the United States,
.owes permanent allegiance to the United States.
(23) The term "naturalization" means the conferring of nationality of a
state upon a person after birth, by any means Nviatsoever.
(24) The term "naturalization court", unless otherwise particularly described,
means a court authorized by section 310 (a) of title III to exercise naturalization
jurisdiction.
(25) The term "noncombatant service" shall not include service in which the
Individual is not subject to military discipline, court martial, or does not wear
the uniform of any branch Of the armed forces.
(26) The term "nonimmigrant visa" means a visa properly issued to an alien
as an eligible nonimmigrant by a competent officer as provided in this Act.
(27) The term "nonquota immigrant" means?
(A) an immigrant who is the child or the spouse of a citizen of the
United States;
(B) an immigrant, lawfully admitted for permanent residence, who is
returning from a temporary visit abroad;
(C) an immigrant who was born in Canada, the Republic of Mexico, the
Republic af Cuba, the Republic of Haiti, the Dominican Republic, the Canal
Zone, or an independent country of Central or South America, and the spouse
or the child of any such immigrant, if accompanying or following to join
him;
(D) an immigrant who was a citizen of the United States and may, under
section 324 (a) or 327 of title III, apply for reacquisition of citizensh'p;
(E) an immigrant included within the second proviso to section 249 (a)
(1) of title III;
(10) (i) an immigrant who continuously for at least two years immediately
preceding the time of his application for admission to the United States
has been, and who seeks to enter the United States solely for the purpose
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of carrying on the vocation of minister of a religious denomination, and
whose services are needed by such religious denomination having a bona
fide organization in the United States; and (ii) the spouse or the child of
any such immigrant, if accompanying or following to join him; or
(G) an immigrant who is an employee, or an honorably retired former
employee, Of the United States Government abroad, and who has performed
faithful service for a total of fifteen years, or more, and his accompanying
spouse and children: Provided, That the principal officer of a Foreign
Service establishment, in his discretion, shall have recommended the grant-
ing of nonquota status to such alien in exceptional circumstances and the
Secretary of State approves such recommendation and finds that it is in
the national interest to grant such status.
(25) The term "organization" means, but is not limited to, an organization,
corporation, company, partnership, association, trust, foundation or fund; and
includes a group of persons, whether or not incorporated, permanently or
temporarily assuciated together with joint action on any subject or subjects.
(29) The term "outlying possessions of the United States" means American
Samoa and Swains Island.
(30) The term "passport" means any travel document issued by competent
.authority showing the bearer's origin, identity, and nationality if any, which is
valid for the entry of the bearer into a foreign country.
(31) The term "permanent" means a relationship of continuing or lasting
nature, as distinguished from temporary, but a relationship may be permanent
oven though it is one that may be dissolved eventually at the instance either of
the United States or of the individual, in accordance with law.
(32) The term "quota immigrant" means any immigrant who is not a non-
quota immigrant. An alien who is not particularly specified in this Act as a
nonquota immigrant or a nonimmigrant shall not be admitted or considered in
any manner to he either a nonquota immigrant or a nonimmigrant notwithstand-
ing his relationship to any individual who is no specified or by reason of being
excepted from the operation of any other law regulating or forbidding immi-
gratb n.
(33) The term "residence" means the place of general abode; the place of
:general abode of a person means his principal, actual dwelling place in fact,
without regard to intent. Residence shall be considered continuous for the pur-
poses of sections 350 and 352 of title III where there is a continuity of stay but not
necessarily an uninterrupted physical presence in a foreign state or states or
outside the United States.
(34) The term "Service" means the Immigration and Naturalization Service
of the Department of Justice.
(35) The term "spouse", "wife", or "husband" do not include a spouse, wife,
or husband by reason of any marriage ceremony where the contracting parties
thereto are not physically present in the presence of each other, unless the mar-
riage shall have been consummated.
(36) The term "State" includes (except as used in section 310 (a) of title
III) Alaska, Hawaii, the District of Columbia, Puerto Rico, Guam, and the
'Virgin Islands of the United States.
(37) The term "totalitarian party" means an organization which advocates
the establishment in the United States of a totalitarian dictatorship or totali-
tarian'sm. The terms "totalitarian dictatorship" and "totalitarianism" mean
and refer to systems of government not representative in fact, characterized by
,(A) the existence of a single political party, organized on a dictatorial basis,
with so close an identify between such party and its policies and the govern-
mental policies of the country in which it exists, that the party and the govern-
ment constitute an indistinguishable unit, and (B) the forcible suppression of
opposition to such party.
(38) The term "United States", except as otherwise specifically herein pro-
vided, when used in a geographical sense, means the continental United States,
Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.
(39) The term "unmarried", when used in reference to any individual as of any
time, means an individual who at such time is not married, whether or not
previously married.
(40) The term "world communism" means a revolutionary movement, the pur-
pose of which is to establish eventually a Communist totalitarian dictatorship
in any or all the countries of the world through the medium of an Internationally
coordinated Communist political movement.
(b) As used in titles I and II?
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(1) The term "child" means an unmarried person under twenty-one years of
age who is?
(A) a legitimate child; or
(B) a stepchild, provided the child had not reached the age of eighteen
years at the time the marriage creating the status of stepchild occurred ; or
(C) a child legitimated under the law of the child's residence or domicile,
or under the law the father's residence or domicile, whether in or outside
the United States, if such legitimation takes place before the child reaches
the age of eighteen years and the child is in the legal custody of the legiti-
mating parent or parents at the time of such legitimation.
? (2) The terms "parents", "father", or "mother" means a parent, father, or
mother only where the relationship exists by reason of any of the circumstances
set forth in (1) above.
(3) The term "person" means an individual or an organization.
(4) The term "special inquiry officer" means any immigration officer who the
.Attorney General deems specially qualified to conduct specified classes of pro-
ceedings, in whole or in part, required by this Act to be conducted by or before
a special inquiry officer and who is designated and selected by the Attorney
General, individually or by regulation, to conduct such proceedings. Such special
inquiry officer shall be subject to such supervision and shall perform such duties,
not inconsistent with this Act, as the Attorney General shall prescribe.
(5) The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the
Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the
Windward and Leeward Islands, Trinidad, Martinique, and other British,
French, and Netherlands territory or possessions in or bordering on the Carrib-
bean Sea.
(c) As used in title III?
(1) The term "child" means an unmarried person under twenty-one years of
age and includes a child legitimated under the law of the child's residence or
domicile, or under the law of the father's residence or domicile, whether in the
United States or elsewhere, and, except as otherwise provided in sections 320,
321, 322, and 323 of title III, a child adopted in the United States, if such
legitimation or adoption takes place before the child reaches the age of sixteen
years, and the child is in the legal custody of the legitimating or adopting parent
or parents at the time of such legitimation or adoption.
(2) The terms "parent", "father", and "mother" include in the case of a
posthumous childe a deceased parent, father, and mother.
(d) As used in chapter 3 of title III--
(1) The term "veteran" means a person who served in the armed forces of the
United States at any time in an active-duty status during the period from April
21, 1898, to August 12, 1898, or from April 6, 1917, to November 11, 1918, or
from December 7, 1941, to December 31, 1946, all dates inclusA7e, and who
was discharged therefrom under honorable conditions. The records of the
armed forces shall be conclusive as to type of a discharge and as to whether the
conditions under which a discharge was given were honoraole.
(2) (A) The term "Spanish-American War" relates to the period from April
21, 1808, to August 12, 1898; (B) the term "World War I" relates to the period
from April 6, 1917, to November 11, 1918; and (C) the term "World War II"
relates to the period from December 7, 1041, to December 31, 1946, all dates
inclusive.
(e) For the purposes of this Act?
(1) The giving, loaning, or promising of support or of money or any other
thing of value to be used for advocating any doctrine shall constitute the advo-
cating of such doctrine; but nothing in this paragraph shall be construed as
an exclusive definition of advocating.
(2) The giving, loaning, or promising of support or of money or any other
thing of value for any purpose to any organ!zation shall be presumed to consti-
tute affiliation therewith; but nothing i.n this paragraph shall be construed as
an exclusive definition of affiliation.
(3) Advocating the economic, international, and governmental doctrines of
world communism means advocating the establishment of a totalitarian Com-
munist dictatorship in any or all of the countries of the world through the
medium of an internationally coordinated Communist movement.
(f) For the purposes of this Act?
No person shall be regarded as, or found to be, a person of good moral char-
acter who, during the period for which good moral character is required to be
established, is, or was?
(1) a habitual drunkard;
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(2) one who during such period has committed adultery;
(3) a member of one or more of the classes of persons, whether excludable
or not, described in paragraphs (11), (12), and (31) of section 212 (a) of
this Act; or paragraphs (9), (10), and (23) of section 212 (a), if the offense
described therein, for which such person was convicted or of which he
admits the commission, was committed during such period;
(4) one whose income is derived principally from illegal gambling ac-
tivities;
(5) one who has been convicted of two or more gambling offenses com-
mitted during such period;
(6) one who has given false testimony for the purpose of obtaining any
benefits under this Act;
(7) one who during such period has been confined, as a result of con-
viction, to a penal institution for an aggregate period of one hundred and
eighty days or more, regardless of whether the offense, or offenses, for
which he has been confined were committed within or without such period ;
(8) one who at any time has been convicted of the crime of murder.
The fact that any person is not within any of the foregoing classes shall not
preclude a finding that for other reasons such person is or was not of good moral:
character.
(g) For the purposes of this Act any alien ordered deported (whether before
or after the enactment of this Act) who has left the United States, shall be
considered to have been deported in pursuance of law, irrespective of the source
from which the expenses of his transportation were defrayed or of the place,
to which he departed.
APPLICABILITY OF TITLE II TO CERTAIN NONIMMIGRANTS
SEC. 102. Except as otherwise provided in this Act, for so long as they continue
In the nonimmigrant classes enumerated in this section, the provisions of this
Act relating to ineligibility to receive visas and the exclusion or deportation
of aliens shall not be construed to apply to nonimmigrants?
(1) within the class described in paragraph (15) (A) (i) of section
101 (a), except those provisions relating to reasonable requirements of
passports and visas as a means of identification and documentation necessary
to establish their qualifications under such paragraph (15 (A) (I), and,.
under such rules and regulations as the President may deem to be necessary,.
the provisions of paragraph (27) of section 212 (a) ;
(2) within the class described in paragraph (15) (G) (i) of section 101
(a), except those provisions relating to reasonable requirements of pass--
ports and visas as a means of identification and documentation necessary
to establish their qualifications under such paragraph (15) (G) (I), and.
the provisions of paragraph (27) of section 212 (a) ; and .
(3) within the claFses described in paragraphs (15) (A) (ii), (15)
(G) (ii), (15) (G) (iil), or (15) (G) (iv) of section 101 (a), except those.
provisions relating to reasonable requirements of passports and visas as a
means of identification and documentation necessary to establish their.
qualification's under?Fuch paragraphs, and the provisions of paragraphs (27).
and (29) of section 212 (a).
POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE COMMISSIONER
SEC. 103. (a) The Attorney General shall be charged with the administration
and enforcement of this Act and all other laws relating to the immigration and
naturalization of aliens, except insofar as this Act or such laws relate to the
powers, functions, and duties conferred upon the President, the Secretary of
State, the officers of the Department of State, or diplomatic or consular officers:
Provided, however, That determination and ruling by the Attorney General with
respect to all questions of law shall be controlling. Ho shall have control,.
direction, and supervision of all employees and of all the files and records
of the Service. He shall establish such regulations; prescribe such forms of
bond, reports, entries, and other papers; issue such instructiOns ; and perform
such other acts as he deems necessary for carrying out his authority under the
provisions .of this Act. He is authorized, in accordance with the civil-service.
laws and regulations and the Classification Act of 1949, to appoint such em-
ployees of the Service as he deems necessary, and to delegate to them or to any
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.officer or employee of the Department of Justice in his discretion any of the
duties and powers imposed upon him in this Act; he may require or authorize
any employee of the Service or the Department of Justice to perform or exercise
any of the powers, privileges, or duties conferred or imposed by this Act or
regulations issued thereunder upon any other employee of the Service. He shall
have the power and duty to control and guard the boundaries and borders of the
United States against the illegal entry of aliens and shall, in his discretion,
appoint for that purpose such number of employees of the Service as to him
;shall appear necessary and proper. He is authorized to confer or impose upon
any employee of the United States, with the consent of the head of the Depart-
ment or other independent establishment under whose jurisdiction the employee
is serving, any of the powers, privileges, or duties conferred or imposed by
this Act or regulations issued thereunder upon officers or employees of the
Service. He may, with the concurrence of the Secretary of State, establish offices
,of the Service in foreign countries; and, after consultation with the Secretary
of State, he may, whenever in his judgment such action may be necessary to
.accomplish the purposes of tins Act, detail employees of the Service for duty in
forelgn corntries.
(b) The Commissioner shall be a citizen of the United States and shall be
appointed by the President, by and with the advice and consent of the Senate,
and shall receive compensation at the rate of $17,500 per annum. He shall be
charged with any and all responsibilities and authority in the administration
of the Service and of this Act which are conferred upon the Attorney General
.as may be delegated to him by the Attorney General or which may be prescribed
by the Attorney General.
rOWERS AND DUTIES OF THE SECRETARY OF STATE; BUREAU OF SECURITY AND CONSULAR
AFFAIRS
SEc. 104. (a) The Secretary of State shall be charged with the administration
and the enforcement of the provisions of this Act and all other immigration and
nationality laws relating to (1) the powers, duties and functions of diplomatic
and consular officers of the United States, except those powers, duties and func-
tions conferred upon the consular officers relating to the granting or refusal of
visas; (2) the powers, duties and functions of the Bureau of Security and
Consular Affairs; and (3) the determination of nationality of a person not in
the United States. He shall establish such regulations; prescribe such forms of
reports, entries and other papers; issue such instructions; and perform such
other acts as he deems necessary for carrying out such provisions. He is author-
ized to confer or impose upon any employee of the United States, with the consent
,of the head of the department or independent establishment under whose juris-
diction the employee is serving, any of the powers, functions, or duties conferred
.or imposed by this Act or regulations issued thereunder upon officers or employees
of the Department of State or of the American Foreign Service.
(b) There is hereby established in the Department of State a Bureau of
Security and Consular Affairs, to be headed by an administrator (with an
appropriate title to be designated by the Secretary of State), with rank and
compensation equal to that of an Assistant Secretary of State. The adminis-
trator shall be a citizen of the United States, qualified by experience, and shall
maintain close liaison with the appropriate committees of Congress in order that
they may be advised regarding the administration of this Act by consular officers.
Be shall be charged with any and all responsibility and authority in the admin-
istration of the Bureau and of this Act which are conferred on the Secretary of
State as may be delegated to him by the Secretary of State or which may be
prescribed by the Secretary of State. He shall also perform such other duties
:as the Secretary of State may prescribe.
(c) Within the Bureau there shall be a Passport Office, a Visa Office, and such
-other offices as the Secretary of State may deem to be appropriate, each office to
be headed by a director. The Directors of the Passport Office and the Visa Office
shall be experienced in the administration of the nationality and immigration
laws.
(d) The functions heretofore performed by the Passport Division and the Visa
Division of the Department of State shall hereafter be performed by the Pass-
port Office and the Visa Office, respectively, of the Bureau of Security and Con-
.sular Affairs.
(e) There shall be a General Counsel of the Visa Office, who shall be appointed
by the Secretary of State and who shall serve under the general direction of
-the Legal Adviser of the Department of State. The General Counsel shall have
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authority to maintain liaison with the appropriate officers of the Service with a
view to securing uniform interpretations of the provisions of this Act.
(f) The Bureau shall be under the immediate jurisdiction of the Deputy
Under Secretary of State for Administration.
LIAISON WITH INTERNAL SECURITY OFFICERS
SEC. 105. The Commissioner and the administrator shall have authority to "
maintain direct and continuous liaison with the Directors of the Federal Bureau
of Investigation and the Central Intelligence Agency and with other internal
security officers of the Goverment for the purpose of obtaining and exchanging
information for use in enforcing the provisions of this Act in the interest of the
Internal security of the United States, The Commissioner and the administrator
shall maintain direct and continuous liaison with each other with a view to
-a coordinated, uniform, and efficient administration of this Act, and all other
immigration and nationality laws.
TITLE II?IMMIGRATION
CHAPTER 1-QUOTA SYSTEM
NUMERICAL LIMITATION; ANNUAL QUOTA BASED UPON NATIONAL ORIGIN; MINIMUM
QUOTAS
SEC. 201. (a) The annual quota of any quota area shall be one-sixth of 1 per
entum of the number of inhabitants in the continental United States in 19.A0,
which number, except for the purpose of computing quotas for quota areas within
the Asia-Pacific triangle, shall be the same number heretofore determined under
the provisions of section 11 of the Immigration Act of 1924, attributable by na-
tional origin. to such quota area: Provided, That the quota existing for Chinese
persons prior to the date of enactment of this Act shall be continued, and, except
as otherwise provided in section 202 (e), the minimum quota for any quota area
shall be one hundred.
(b) The determination of the annual quota of any quota area shall be made
by the Secretary of State, the Secretary of Commerce, and the Attorney General,
jointly. Such officials shall, jointly, report to the President the quota of each
quota area, and the President shad proclaim and make known the quotas so
reported. Such determination and report shall be made and such proclamation
shall be issued as soon as practicable after the date of enactment of this Act.
Quotas proclaimed therein shall take effect on the first day of the fiscal year,
or the next fiscal half year, next following the expiration of six months after
the date of the proclamation, and until such date the existing quotas proclaimed
under the Immigration Act of 1924 shall remain in effect. After the making of
a proclamation under this subsection the quotas proclaimed therein shall con-
tinue with the same effect as if specifically stated herein and shall be final and
vonclUsive for every purpose, except (1) insmar as it is made to appear to the
satisfaction of such officials and proclaimed by the President, that an error of
fact has occurred in such determination or in such proclamation, or (2) in the
vase provided for in section 202 (e).
-(c) There shall be issued to quota immigrants chargeable to any quota (1)
no more immigrant visas in any fiscal year than the quota for such year, and
(2) in any calendar month of any fiscal year, no more immigrant visas than 10
per centum of the quota for such year; except that during the last two months,
of any fiscal year immigrant visas may be issued without regard to the 10 per
centum limitation contained herein.
(d) Nothing in this Act shall prevent the issuance (without increasing the
total number of quota immigrant visas which may be issued) of an immigrant
visa to an immigrant as a quota immigrant even though he is a nonquota immi-
grant.
. (e) The quota numbers available under the annual quotas of each quota
area proclaimed under this Act shall be reduced by the number of quota numbers
which have been ordered to be deducted from the annual quotas authorized prior
to the effective date of the annual quotas proclaimed. under this Act under?
(1) section 19 (c) o1 the Immigration Act of 1917, as amended;
(2) the Displaced Persons Act of 1948, as amended; and
(3) any other Act of Congress en.acted prior to the effective date of the
quotas proclaimed under this Act.
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DETERMINATION OF QUOTA TO WHICH AN IMMIGRANT IS CHARGEABLE
Sec. 202. (a) Each independent country, self-governing dominion, mandated
territory, and territory under the international trusteeship system of the United
Nations, other than the United States and its outlying possessions and the
countries specified in section 101 (a) (27) (C), shall be treated as a separate
quota area when approved by the Secretary of State. All other inhabited lands
shall be attributed to a quota area specified by the Secretary of State. For the
purposes of this Act, the annual quota to which an immigrant is chargeable
Shall be determined by birth within a quota area, except that?
(1) an alien child, when accompanied by his alien parent or parents may
be charged to the quota of the accompanying parent or of either accompany-
ing parent if such parent has received or would be qualified for an immigrant
visa, if necessary to prevent the separation of the child from the accompany-
ing parent or parents, and if the quota to which such parent has been or
would be chargeable is not exhausted for that fiscal year;
(2) if an alien is chargeable to a different quota from that of his accom-
panying spouse, the quota to which such alien is chargeable may, if necessary
to prevent the separation of husband and wife, be determined by the quota
of the accompanying spouse, if such spouse has received or would be quali-
fied for an immigrant visa and if the quota to which such spouse has been or
would be chargeable is not exhausted for that fiscal year;
(3) an alien born in the United States shall be considered as having been
born in the country of which he is a citizen or subject, or if he is not a
citizen or subject of any country then in the last foreign country in which
he had his residence as determined by the consular officer;
(4) an alien born within any quota area in which neither of his parents
was born and in which neither of his parents had a re?idence at the
time of such alien's birth may be charged to the quota area of either parent;
(5) notwithstanding the provisions of paragraphs (2), (3), and (4) of
this subsection, any alien who is attributable by as much as one-half of his
ancestry to a people or peoples indigenous to the Asia-Pacific triangle defined
in subsection (b) of this section, unless such alien is entitled to a nonquota
immigrant status under paragraph (27) (A), (27) (B), (27) (D), (27) (E),
(27) (F), or (27) (G) of section 101 (a), shall be chargeable to a quota as
specified in subsection (b) of this section: Provided, That the child of an alien
defined in section 101 (a) (27) (C), if accompanying or following to join
him, shall be classified under section 101 (a) (27) (C), notwithstanding the
provisions of subsection (b) of this section.
(b) With reference to determination of the quota to which shall be chargeable
an immigrant who is attributable by as much as one-half of his ancestry to a
people or peoples indigenous to the Asia-Pacific triangle comprising all quota
areas and all colonies and other dependent areas situate wholly east of the
meridian sixty degrees east of Greenwich, wholly west of the meridian one
hundred and sixty-five degrees west, and wholly north of the parallel twenty-
five degrees south latitude?
(1) there is hereby established, in addition to quota for separate quota
areas comprising independent countries, self-governing dominions, and terri-
tories under the international trusteeship system of the United Nations
situate wholly within said Asia-Pacific triangle, and Asia-Pacific quota of
one hundred annually, which quota shall not be subject to the provisions of
subsection (e)
(2) such immigrant born within a separate quota area situate wholly
within such Asia-Pacific triangle shall not be chargeable to the Asia-Pacific
quota, but shall be chargeable to the quota for the separate quota area in
which he was born;
(3) such immigrant born within a colony or other dependent area situate
wholly within said Asia-Pacific triangle shall be chargeable to the Asia-
Pacific quota;
(4) such immigrant born outside the Asia-Pacific triangle who is attribut-
able by as much as one-half of his ancestry to a people or peoples indigenous
to not more than one separate quota area, situate wholly within the Asia-
Pacific triangle, shall be chargeable to the quota of that quota area;
(5) such immigrant born outside the Asia-Pacific triangle who is attribut-
able by as much as one-half of his ancestry to a people or peoples indigenous
to one or more colonies or other dependent areas situate wholly within
the Asia-Pacific trianele, shall be chargeable to the Asia-Pacific quota;
(6) such immigrant born outside the Asia-Pacific triangle who is attribut-
able by as much as one-half of his ancestry to peoples indigenous to two.
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IMMIGRATION AND NATIONALITY ACT 21
or more separate quota areas situate wholly within the Asia-Pacific triangle,
or to a quota area or areas and one or more colonies and other dependent
areas situate wholly therein, shall be chargeable to the Asia-Pacific quota.
(c) Any immigrant born in a colony or other component or dependent area of
a governing country for which no separate or spcific quota has been established,
unless a nonquota immigrant as provided in section 101 (a) (21) of this Act,
shall be chargeable to the quota of the governing country, except that (1) not
more than one hundred persons born in any one such colony or other component
or dependent area overseas from the governing country shall be chargeable to
the quota of its governing country in any one year, and (2) any such immigrant,
if attributable by as much as one-half of his ancestry to a people or peoples
indigenous to the Asia-Pacific triangle, shall be chargeable to a quota as provided
in subsection (b) of this section.
(d) The provision of an immigration quota for a quota area shall not consti-
tute recognition by the United States of the political transfer of territory from
one country to another, or recognition of a government not recognized by the
United States.
(e) After the determination of quotas has been made as provided in section
201, revision of the quotas shall be made by the Secretary of State, the Secretary
of Commerce, and the Attorney General, jointly, whenever necessary, to provide
for any change of boundaries resulting in transfer of territory from one sover-
eignty to another, a change of administrative arrangements of a colony or other
dependent area, or any other political change, requiring a change in the list of
quota areas or of the territorial limits thereof, but any increase in the number
of minimum quota areas above twenty within the Asia-Pacific triangle shall
result in a proportionate decrease in each minimum quota of such area in order
that the sum total of all minimum quotas within the Asia-Pacific triangle shall
not exceed two thousand. In the case of any change in the territorial limits
of quota areas, not requiring a change in the quotas for such areas, the Secretary
Of State shall, upon recognition of such change, issue appropriate instructions to
all consular offices concerning the change in the territorial limits of the quota
areas involved.
ALLOCATION OF IMMIGRANT VISAS WITHIN QUOTAS
Sno. 203. (a) Immigrant visas to quota immigrants shall be allotted in each
fiscal year as follows :
(1) The first 50 per centum of the quota of each quota area for such year,
plus any portion of such quota not required for the issuance of immigrant
visas to the classes specified in paragraphs (2) and (3j, shall be made
available for the issuance of immigrant visas (A) to qualified quota immi-
grants Whose services are determined by the Attorney General to be needed
urgently in the United States because of the high education, technical
training, specialized experience, or exceptional ability of such immigrants
and to be substantially beneficial prospectively to the national economy,
cultural interests, or welfare of the United States, and (B) to qualify quota
immigrants who are the spouse or children of any immigrant described in
clause (A) if accompanying him.
(2) The next 30 per centum of the quota for each quota area for such
year, plus any portion of such quota not required for the issuance of immi-
grant visas to the classes specified in paragraphs (1) and (3), shall be made
available for the issuance of immigrant visas to qualifed quota immigrants
who are the parents of citizens of the United States, such citizens being
at least twenty-one years of age.
(3) The remaining 20 per centum of the quota for each quota area for
such year, plus any portion of such quota not required for the issuance of
immigrant visas to the classes specified in paragraphs (1) and (2), shall be
made available for the issuance of immigrant visas to qualified quota immi-
grants who are the spouses or the children of aliens lawfully admitted
for permanent residence.
(4) Any portion of the quota for each quota area for such year not
required for the issuance of immigrant visas to the classes specified in para-
graphs (1), (2), and (3) shall be made available for the issuance of immi-
grant visas to other qualified quota immigrants chargeable to such quota.
Qualified quota immigrants of each quota area who are the brothers, sisters,
sons, or daughters of citizens of the United States shall be entitled to a
preference of not exceeding 25 per centum of the immigrant visas available
for issuance for each quota area under this paragraph.
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IMMIGRATION AND NATIONALITY ACT
(b) Quota immigrant visas issued pursuant to paragraph (1) of subsection
(a) shall, in the case of each quota area, be issued to eligible quota immigrants
In the order in which a petition on behalf of each such immigrant is filed with
the Attorney General as provided in section 204; and shall be issued in the
first calendar month after receipt of notice of approval of such petition in which
a quota number is available for an immigrant chargeable to such quota area.
(c) Quota immigrant visas issued to aliens in the classes designated in
paragraphs (2), (3), and (4) of subsection (a) shall, in the case of each quota,
be issued to qualified quota immigrants strictly in the chronological order in
which such immigrants are registered in each class on quota waiting lista
which shall be maintained for each quota in accordance with regulations pre-
scribed by the Secretary of State.
(d) In determining the order for consideration of applications for quota
Immigrant visas under subsection (a), consideration shall be given first to
applications under paragraph (1) , second to applications under paragraph (2),
third to applications under paragraph (3), and fourth to applications under
paragraph (4).
(e) Every immigrant shall be presumed to be a quota immigrant until he
establishes to the satisfaction of the consular officer, at the time of application
for a visa, and to the immigration officers, at the time'of application for admis-
sion, that he is a nonquota immigrant. Every quota immigrant shall be pre-
sumed to be a nonpreference quota immigrant until he establishes to the satis-
faction of the consular officer and the immigration officers that he is entitled
to a preference quota status under paragraph (1), (2), or (3) of subsection (a),
or to a preference under paragraph (4) of such subsection.
PROCEDURE FOR GRANTING IMMIGRANT STATUS UNDER SECTION 101 (a) (27) (F)
OR SECTION 203 (a) (1) (A)
SEe. 204. (a) In the case of any alien claiming in his application for an immi-
grant visa to be entitled to an immigrant status under section 101 (a) (27)
(IP) (i) or section 203 (a) (1) (A), the consular officer shall not grant such
status until he has been authorized to do so as provided in this section.
(b) Any person, institution, firm, organization, or governmental agency desir-
ing to have an alien classified as an immigrant under section 101 (a) (27) (F)
(I) or section 203 (a') (1) (A) shall file a petition with the Attorney General
for such classification of the alien. The petition shall be in such form as the.
Attorney General may by regulations prescribe and shall state the basis for
the need of the services of such alien and contain such additional information
and be supported by such documentary evidence as may be required by the
Attorney General. The petition shall be made under oath administered by any
individual having authority to administer oaths, if executed in the United States,
but, if executed outside the United States, administered by a consular officer.
(c) After an investigation of the facts in each ease, and after consultation
with appropriate agencies of the Government, the Attorney General shall, if he
determines that the facts stated in the petition are true and that the alien in
respect to whom the petition is made is eligible for an immigrant status under
section 101 (a) (27) (F) (I) or section 203 (a) (1) (A), approve the petition
and forward one copy thereof to the Department of State. The Secretary of
State shall then authorize the consular officer concerned to grant such immigrant
status.
(d) Nothing in this section shall be construed to entitle an immigrant, in-
respect of whom a petition under this section is approved, to enter the United
States as an immigrant under section 101 (a) (27) (F) (i) or section 203 (a)
(1) (A) if upon his arrival at a port of entry in the United States he is found
not to be entitled to such classification.
PROCEDURE FOR GRANTING NONQUOTA STATUS OR PREFERENCE BY REASON
OF RELATIONSHIP
SEc. 205. (a) In the case of any alien claiming in his application for an immi-
grant visa to be entitled to a noriquota immigrant status under section 101 (a)
(27) (A), or to a quota immigrant status under section 203 (a) (2) or 203 (a)
(3), or to a preference under section 203 (a) (4), the consular officer shall not
grant such status or preference until he has been authorized to do so as provided
in this section.
(b) Any citizen of the United States claiming that any immigrant is his spouse
or child and that such immigrant is entitled to a nonquota immigrant status un-
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IMMIGRATION AND NATIONALITY ACT 23
der section 101 (a) (27) (A), or any citizen of the United States claiming that
any immigrant is his parent and that such immigrant is entitled to a quota immi-
grant status under section 203 (a) (2), or any alien lawfully admitted for per-
manent residence claiming that any immigrant is his spouse or child and that
such immigrant is entiled to a quota immigrant status under section 203 (a) (3),
or any citizen of the United States claiming that any immigrant is his brother,
sister, son, or daughter and that such immigrant is entitled to a preference under
section 203 (a) (4) may file a petition with the Attorney General. The petition
shall be in such form and shall Contain such information and be supported by
such documentary evidence as the Attorney General may by regulations pre-
scribe. The petition shall be made under oath administered oy any individual
having authority to administer oaths, if executed in the United States, but, if
executed outside the United States, administered by a consular officer.
(c) After an investigation of the facts in each case the Attorney General shall,
if he determines the facts stated in the petition are true and that the alien in
respect of whom the petition is made is eligible for a nonquota immigrant status
under section 101 (a) (27) (A), or for a quota immigrant status under section
203 (a) (2) or 203 (a) (3), or for a preference under section 203 (a) (4), ap-
prove the petition and forward one copy thereof to the Department of State. The
Secretary of State shall then authorize the consular officer concerned to grant
the nonquota immigrant status, quota immigrant status, or preference, as the
case may be.
(d) Nothing in this section shall be construed to entitle an immigrant, in re-
spect of whom a petition under this section is approved, to enter the United
States as a nonquota immigrant under section 101 (a) (27) (A) if upon his,
arrival at a port of entry in the United States he is found not to be entitled to
suchclassification, or to enter the United States as a quota immigrant under
section 203 (a) (2) or 203 (a) (3) if upon his arrival at a port of entry in the
United States he is found not to be entitled to such classification, or to enter the
United States as a preference quota immigrant under section 203 (a) (4) if upon
his arrival at a port of entry in the United States he is found not to be entitled
to such preference.
REVOCATION OF APPROVAL OF PETITIONS
Sac. 206. The Attorney General may, at any time, for what he deems to be
good and sufficient cause, revoke the approval of any petition approved by him
under section 204, section 205, or section 214 (c) of this title. Such revocation
shall be effective as of the date of approval of any such petition. In no case,
however, shall such revocation have effect unless there is mailed to the peti-
tioner's last known address a notice of the revocation and unless notice of the
revocation is communicated through the Secretary of State to the beneficiary of
the petition before such beneficiary commences his journey to the United States.
If notice of revocation is not so given, and the beneficiary applies for admission
to the United States, his admissibility shall be determined in the manner pro-
vided for by sections 235 and 236.
UNUSED QUOTA IMMIGRANT VISAS
SEC. 207. If a quota immigrant having an immigrant visa is excluded from ad-
mission to the United States and deported, or does not apply for admission to
the United States before the expiration of the validity of the immigrant visa,
or if an alien having an immigrant visa issued to him as a quota immigrant is
found not to be a quota immigrant, no immigrant visa shall be issued in lieu
thereof to any other immigrant.
CHAPTER .2?QUALIFICATIONS FOR ADMISSION OF ALIE'NS ; TRAVEL CONTROL OF
CITIZENS AND ALIENS
DOCUMENTARY REQUIREMENTS
? SEC. 211. (a) No immigrant shall be admitted into the United States unless
at the time of application for admission lie (1) has a valid unexpired immigrant
visa or was born subsequent to the issuance of such immigrant visa of the ac-
companying parent, (2) is properly chargeable to the quota specified in the immi-
grant visa, (3) is a nonquota immigrant if specified as such in the immigrant
visa, (4) is of the proper status under the quota specified in the immigrant visa,
and (5) is otherwise admissible under this Act.
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(b) Notwithstanding the provisions of section 212 (a) (20) of this Act, in
such cases or in such classes of cases and under such conditions as may be by
regulations prescribed, otherwise admissible aliens lawfully admitted for perma-
nent residence who depart from the United States temporarily may be read-
mitted to the United States by the Attorney General in his discretion without
being required to obtain a passport, immigrant visa, reentry permit or other
documentation.
(c) The Attorney General may in his discretion, subject to subsection (d),
admit to the United States any otherwise admissible immigrant not admissible
under clause (2), (8), or (4) of subsection (a), if satisfied that such inad-
missibility was not known to and could not have been ascertained by the exercise
of reasonable diligence by, such immigrant prior to the departure of the vessel
or aircraft from the last port outside the United States and outside foreign
contiguous territory, or, in the case of an immigrant coming from foreign con-
tiguous territory, prior to the application of the immigrant for admission.
(d) No quota immigrant within clause (2) or (8) of subsection (a) shall be
admitted under subsection (c) if the entire number of immigrant visas which
may be issued to quota immigrants under the same quota for the fiscal year,
or the next fiscal year, has already been issued. If such entire number of immi-
grant visas has not been issued, the Secretary of State, upon notification by
the Attorney General of the admission under subsection (c) of a quota immi-
grant within clause (2) or (3) of subsection (a), shall reduce by one the number
of immigrant visas which may be issued to quota immigrants under the same
quota during the fiscal year in which such immigrant is admitted, or, if the
entire number of immigrant visas which may be issued to quota immigrants
under the same quota for the fiscal year has been issued, then during the next
following fiscal year.
(e) Every alien making, application for admission as an immigrant shall
present a valid unexpired passport, or other suitable travel document, or docu-
ment of identity and nationality, if such document is required under the regu-
lations issued by the Attorney General.
.GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION
SEO. 212. (a) Except as otherwise provided in this Act, the following classes
'of aliens shall be ineligible to receive visas and shall be excluded from admission
Into the United States:
(1) Aliens who are feeble-minded;
(2) Aliens who are insane;
(3) Aliens who have had one or more attacks of insanity;
(4) Aliens afflicted with psyclaopaiihie personality, epilepsy, or a mental
defect;
(5) Aliens who are narcotic drug addicts or chronic alcoholics;
(6) Aliens who are afflicted with tuberculosis in any form, or with leprosy,
or any dangerous contagious disease;
(7) Aliens not comprehended within any of the foregoing classes who are
certified by the examining surgeon as having a physical defect, disease, or dis-
ability, when determined by the consular or immigration officer, to be of such a
nature that it may affect the ability of the alien to earn a.living, unless the alien
affirmatively establishes that he will not have to earn a living?
(8) Aliens who are paupers, professional beggars, or vagrants;
(9) Aliens who have been convicted of a crime involving moral turpitude
(other than a purely political offense), or aliens who admit having committed
such a crime, or aliens who admit committing acts which constitute the essential
elements of such a crime; except that aliens who have committed only one such
crime while under the age of eighteen years may be granted a visa and admitted
If the crime was committed more than five years prior to the date of the applica-
tion for a visa or other documentation, and more than five years prior to date
of application for admission to the United States, unless the crime resulted in
confinement in a prison or correctional institution, in which case such alien must
have been released from such confinement more than five years prior to the date
of the application for a visa or other documentation, and for admission, to the
United States;
(10) Aliens who have been convicted of two or more offenses (other than
purely political offenses), regardless of whether the conviction was in a single
trial or whether the offenses arose from a single scheme of misconduct and
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regardless of whether the offenses involved moral turpitude, for which the
aggregate sentences to confinement actually imposed were five years or more;
(11) Aliens who are polygamists or who practice polygamy or advocate the
practice of polygamy;
(12) Aliens who are prostitutes or who have engaged in prostitution, or aliens
coming to the United States solely, principally, or incidentally to engage in pros-
titution; aliens who directly or indirectly procure or attempt to procure, or who
have procured or attempted to procure or to import, prostitutes or persons for
the purpose of prostitution or for any other immoral purpose; and aliens who
are or have been supported by, or receive or have received, in whole or in part,
the proceeds of prostitution or aliens coming to the United States to engage in
any other unlawful commercialized vice, whether or not related to prostitution;
(13) Aliens coming to the United States to engage in any immoral sexual act;
(14) Aliens seeking to enter the United States for the purpose of performing
skilled or unskilled labor, if the Secretary of Labor has determined and certified
to the Secretary of State and to the Attorney General that (A) sufficient workers
in the United States who are able, willing, and qualified are available at the
time (of application for a visa and for admission to the United States) and place
(to which the alien is destined) to perform such skilled or unskilled labor, or
(B) the employment of such aliens will adversely affect the wages and working
conditions of the workers in the United States similarly employed. The exclusion
of aliens under this paragraph shall apply only to the following classes: (i) those
aliens described in the nonpreference category of section 203 (a) (4), (ii) those
aliens described in section 101 (a) (27) (C), (27) (D), or (27) (E) (other than
the parents, spouses, or children of United States citizens or of aliens lawfully
admitted to the United States for permanent residence), unless their services
are determined by the Attorney General to be needed urgently in the United
States because of the high education, technical training, specialized experience,
or exceptional ability of such immigrants and to be substantially beneficial pros-
pectively to the national economy, cultural interest or welfare of the United
States;
(15) Aliens who, in the opinion of the consular officer at the time of applica-
tion for a visa, or in the opinion of the Attorney General at tile time of applica-
tion for admission, are likely at any time to become public charges;
(16) Aliens who have been excluded from admission and deported and who.
again seek admission within one year from the date of such deportation, unless
prior to their reembarkation at a place outside the United States or their attempt
to be admitted from foreign contiguous territory the Attorney General has
consented to their reapplying for admission;
(17) Aliens who have been arrested and deported, or who have fallen into
distress and have been removed pursuant to this or any prior act, or who have
been removed as alien enemies, or who have been removed at Government expense
in lieu of deportation pursuant to section 242 (b), unless prior to their embarka-
tion or reembarkation at a place outside the United States or their attempt to.
be admitted for foreign contiguous territory the Attorney General has consented
to their applying or reapplying for admission;
(18) Aliens who are stowaways;
(19) Any alien who seeks to procure, or has sought to procure, or has procured
a visa or other documentation, or seeks to enter the United States, by fraud, or
by willfully misrepresenting a material fact;
(20) Except as otherwise specifically provided in this Act, any immigrant
who at the time of application for admission is not in possession of a valid un-
expired immigrant visa, reentry permit, border crossing identification card, or
other valid entry document required by this Act, and a valid unexpired passport,
or other suitable travel document, or document of identity and nationality, if
such document is required under the regulations issued by the Attorney General
pursuant to section 211 (e) ;
(21) Except as otherwise specifically provided in this Act, any quota immi-
grant at the time of application for admission whose visa has been issued without
compliance with the provisions of section 203;
(22) Aliens who are ineligible to citizenship, except aliens seeking to enter
as nonimmigrants; or persons who have departed from or who have remained
outside the United States to avoid or evade training or service in the armed
forces in time of war or a period declared by the President to be a national
emergency, except aliens who were at the time of such departure nonimmigrant
aliens and who seek to reenter the United States as nonimmigrants ;
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(23) Any alien who has been convicted of a violation of any law or regulation
relating to the illicit traffic in narcotic drugs, or who has been convicted of a
violation of any law or regulation governing or controlling the taxing, manu-
facture, production, compounding, transportation, sale, exchange, dispensing,
giving away, importation, exportation, or the possession for the purpose of the
manufacture, production, compounding, transportation, sale, exchange, dispen-
sing, giving away, importation or exportation of opium, cocoa leaves, heroin,
marihuana, or any salt derivative or preparation of opium or cocoa leaves, or
isonipecaine or any addiction-forming or addiction-sustaining opiate; or any
alien who the consular officer or immigration officers know or have reason to
believe is or has been an illicit trafficker in any of the aforementioned drugs;
(24) Aliens (other than those aliens who are native-born citizens of countries
enumerated in section 101 (a) (27) (C) and aliens described in section 101
(a) (27) (B) who seek admission from foreign contiguous territory or adjacent
islands, having arrived there on a vessel or aircraft of a nonsignatcry line, or if
signatory, a noncomplying transportation line under section 238 (a) and who
have not re,?ided for at least two years subsequent to such arrival in such
territory or adjacent islands;
(25) Aliens (other than aliens who have been lawfully admitted for perma-
nent residence and who are returning from a temporary visit abroad) over six-
teen years of age, physically capable of reading, who cannot read and under-
stand some language or dialect;
(26) Any nonimmigrant who is not in possession of (A) a passport valid for
a minimum period of six months from the date of the expiration? of the initial
period of his admission or contemplated initial period of stay authorizing him
to return to the country from which he came or to proceed to and enter some
other country during such period; and (B) at the time of application for ad-
mission a valid nonimmigrant visa or border crossing identification card;
(27) Aliens who the consular officer or the Attorney General knows or has
reason to believe seek to enter the United States solely, principally, or incident-
ally to engage in activities which would be prejudicial to the public interest, or
endanger the welfare, safety, or security of the United States;
(28) Aliens who are, or at any time have been, members of any of the fol-
lowing classes:
(A) Aliens who are anarchists;
(B) Aliens who advocate or teach, or who are members of or affiliated
with any organization that advocates or teaches, opposition to all organized
government;
(C) Aliens who are members of or affiliated with (1) the Communist
Party of the United States, (ii) any other totalitarian party of the United
States, (iii) the Communist Political Association, (iv) the Communist or
any other totalitarian party of any State of the United States, of any foreign
state, or of any political or geographical subdivision of any foreign state,
(v) any section, subsidiary, branch, affiliate, or subdivision of any such
association or party, or (vi) the direct predecessors or successors of any
such association or party, regardless of what name such group or organiza-
tion may have used, may now bear, or may hereafter adopt: Provided, That
nothing in this paragraph, or in any other provision of this Act, shall be
construed as declaring that the Communist Party does not advocate the
overthrow of the Government of the United States by force, violence, or
other unconstitutional means;
(D) Aliens not within any of the other provisions of this paragraph who
advocate the economic, international, and governmental doctrines of world
communism or the establishment in the United States of a totalitarian dic-
tatorship, or who are members of or affiliated with any organization that
advocates the economic, international, and governmental doctrines of world
communism or the establishment in the United States of a totalitarian dic-
tatorship, either through its own utterances or through any written or
printed publications issued or published by or with the permission or consent
of or under the authority of such organization or paid for by the funds of,
or funds furnished by, such organization;
(E) Aliens not within any of the other provisions of this paragraph, who
are members of or affiliated with any organization during the time it is
registered or required to be registered under section 7 of the Subversive
Activities Control Act of 1950, unless such aliens establish that they did not
have knowledge or reason to believe at the time they became members of or
affiliated with such an organization (and did not thereafter and prior to the
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date upon which such organization was so registered or so required to be
registered have such knowledge or reason to believe) that such organization
was a Communist organization;
(F) Aliens who advocate or teach or who are members of or affiliated with
any organization that advocates or teaches (i) the overthrow by force,
violence, or other unconstitutional means of the Government of the United
States or of all forms of law; or (ii) the duty, necessity, or propriety of the
unlawful assaulting or killing of any officer or officers (either of specific
individuals or of officers generally) of the Government of the United States
or of any other organized government, because of his or their official char-
acter; or (iii) the unlawful damage, injury, or destruction of property; or
(iv) sabotage;
(G) Aliens who write or publish, or cause to be written or published, or
who knowingly circulate, distribute, print, or display, or knowingly cause to
be circulated, distributed, printed, published, or displayed, or who know-
ingly have in their possession for the purpose of circulation, publication,
distribution, or display, any written or printed matter, advocating or teach-
ing opposition to all organized government, or advocating or teaching (i)
the overthrow by force, violence, or other unconstitutional means of the
Government of the United States or of all forms of law; or (ii) the duty,
necessity, or propriety of the unlawful assaulting or killing of any officer
or officers (either of specific individuals or of officers generally) of the
Government of the United States or of any other organized government,
because of his or their official character; or (iii) the unlawful damage,
injury, or destruction of property; or (iv) sabotage; or (v) the economic,
international, and governmental doctrines of world communism or the es-
tablishment in the United States of a totalitarian dictatorship;
(H) Aliens who are members of or affiliated with any organization that
writes, circulates, distributes, prints, publishes, or displays, or causes to
be written, circulated, distributed, printed, published, or displayed, or that
has in its possession for the purpose of circulation, distribution, publica-
tion, issue, or display, any written or printed matter of the character
described in paragraph (G) ;
(I) Any alien who is within any of the Classes described in subparagraphs
(B), (C), (D), (E), (F), (G), and (H) of this paragraph because of
membership in or affiliation with a party or organization or a section, sub-
sidiary, branch, affiliate, or subdivision thereof, may, if not otherwise in-
eligible, be issued a visa if such alien establishes to the satisfaction of the
consular officer when applying for a visa and the consular officer finds
that (I) such membership or affiliation is or was involuntary, or is or was
solely when under sixteen years of age, by operation of law, or for purposes
of obtaining employment, food rations, or other essentials of living and
where necessary for such purposes, or (ii) (a) since the termination of
such membership or affiliation, such alien is and has been, for at least
five years prior to the date of the application for a visa, actively opposed to
the doctrine, program, principles, and ideology of such party, or organization
of the section, subsidiary, branch, or affiliate or subdivision thereof, and
(b) the admission of such alien into the United States would be in the
public interest. Any such alien to whom a visa has been issued under the
provisions of this subparagraph may, if not otherwise inadmissible, be ad-
mitted into the United States if he shall establish to the satisfaction of the
Attorney General when applying for admission to the United States and
the Attorney General finds that (i) such membership or affiliation is or was
involuntary, or is or was solely when under sixteen years of age, by opera-
tion of law, or for purposes of obtaining employment, food rations, or other
essentials of living and when necessary for such purposes, or (ii) (a) since
the termination of such membership or affiliation, such alien is and has
been, for at least five years prior to the date of the application for admis-
sion actively opposed to the doctrine, program, principles, and Ideology
of such party or organization or the section, subsidiary, branch, or affiliate
or subdivision thereof, and (I)) the admission of such alien into the United
States would be in the public interest. The Attorney General shall promptly
make a detailed report to the Congress in the case of each alien who is or
shall be admitted into the United States under (11) of this subparagraph;
(29) Aliens with respect to whom the consular officer or the Attorney General
knows or has reasonable ground to believe probably would, after entry, (A) en-
gage in activities which would be prohibited by the laws of the United States
relating to espionage, sabotage, public disorder, or in other activity subversive
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to the national security, (B) engage in any activity a purpose of which is the
opposition to, or the control or overthrow of, the Government of the United
States, by force, violence, or other unconstitutional means, or (C) join, affiliate
with, or participate in the activities of any organization which is registered or
required to be registered under section 7 of the Subversive Activities Control
Act of 1950;
(30) Any alien accompanying another alien ordered to be excluded and de-
ported and certified to be helpless from sickness or mental or physical disability
or infancy pursuant to section 237 (e), whose protection or guardianship is
required by the alien ordered excluded and deported;
(31) Any alien who at any time shall have, knowingly and for gain, encouraged,
induced, assisted, abetted, or aided any other alien to enter or to try to enter
the United States in violation of law.
(b) The provisions of paragraph (25) of subsection (a) shall not be applicable
to any alien who (1) is the parent, grandparent, spouse, daughter, or son of
an admissible alien, or any alien lawfully admitted for permanent residence, or
any citizen of the United States, if accompanying such admissible alien, or com-
ing to join such citizen or alien lawfully admitted, and if otherwise admissible,
or (2) proves that he is seeking admission to the United States to avoid religious
persecution in the country of his last permanent residence, whether such perse-
cution be evidenced by overt acts or by laws or governmental regulations that
discriminate against such alien or any group to which he belongs because of his
religious faith. For the purpose of ascertaining whether an alien can read under
paragraph (25) of subsection (a), the consular officers and immigration officers.
shall be furnished with slips of uniform size, prepared under direction of the
Attorney General, each containing not less than thirty nor more than forty words
in ordinary use, printed in plainly legible type, in one of the various languages.
or dialects of immigrants. Each alien may designate the particular language
or dialect in which he desires the examination to be made and shall be required
to read and understand the words printed on the slip in such language or dialect.
. (c) Aliens lawfully admitted for permanent residence who temporarily pro-
ceeded abroad voluntarily and not under an order of deportation, and who are.
returning to a lawful unrelinquished domicile of seven consecutive years, may
be admitted in the discretion of the Attorney General without regard to the
provisions of paragraph (1) through (25) and paravaphs (30) and (31) of
subsection (a). Nothing contained in this subsection shall limit the authority of
the Attorney General to exercise the discretion vested in him under section 211
(b).
(d) (1) The provisions of paragraphs (11) and (25) of subsection (a) shall
no be applicable to any alien who in good faith is seeking to enter the United
States as a nonimmigrant.
(2) The provisions of paragraph (28) of subsection (a) of this section shall
not be applicable to any alien who is seeking to enter the United States tempo-
rarily as a nonimmigrant under paragraph (15) (A) (iii) or (15) (G) (v) of
section 101 (a).
(3) Except as provided in this subsection, an alien (A) who is applying for
a nonimmigrant visa and is known or believed by the consular officer to be
Ineligible for such visa under one or more of the paragraphs enumerated in
subsection (a) (other than paragraphs (27) and (29) ), may, after approval by
the Attorney General. of a recommendation by the Secretary of State or by
the consular officer that the alien be admitted temporarily despite his inadmis-
sibility, be granted such a visa and may be admitted into the United States
temporarily as a nonimmigrant in the discretion of the Attorney General, or
(B) who is inadmissible under one or more of the paragraphs enumerated in
subsection (a) (other than paragraphs (27) and (29) ), but who is in possession
of appropriate documents or is granted a waiver thereof and is seeking admis-
sion, may be admitted into the United States temporarily as a nonimmigrant in
the discretion of the Attorney General.
(4) Either or both of the requirements of paragraph (26) of subsection (a)
may be waived by the Attorney General and the Secretary of State acting jointly
(A) on the basis of unforeseen emergency in individual cases, or (B) on the
basis of reciprocity with respect to nationals of foreign contiguous territory or
of adjacent islands and residents thereof having a common nationality with
such nationals, or (C) in the case of aliens proceeding in immediate and contin-
uous transit through the United States under contracts authorized in section
238 (d).
(5) The Attorney General may in his discretion parole into the United States
temporarily under such conditions as he may prescribe for emergent reasons or
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Mr.
for reasons deemed strictly in the public interest any alien applying for admis-
sion to the United States, but such parole of such alien shall not be regarded as
an admission of an alien and when the purposes of such parole shall, in the
opinion of the Attorney General, have been served the alien shall forthwith
return or be returned to the custody from which he was paroled and thereafter
his case shall continue to be dealt with in the same manner as that of any other
applicant for admission to the United States.
(6) The Attorney General shall prescribe conditions, including exaction of
such bonds as may be necessary, to control and regulate the admission and
return of excludable aliens applying for temporary admission under this sub-
section. The Attorney General shall make a detailed report to the Congress in
any case in which he exercises his authority under paragraph (3) of this sub-
section on behalf of any alien excludable under paragraphs (9), (10), and (28)
of subsection (a).
(7) The provisions of subsection (a) of this section, except paragraphs (20),
(21), and (26), shall be applicable to any alien who shall leave Hawaii, Alaska,
Guam, Puerto Rico, or the Virgin Islands of the United States, and who seeks
to enter the continental United States or any other place under the jurisdiction
of the United States: Provided, That persons who were admitted to Hawaii
under the last sentence of section 8 (a) (1) of the Act of March 24, 1934, as
amended (48 Stat. 456), and aliens who were admitted to Hawaii as nationals
of the United States shall not be excepted by this paragraph from the applica-
tion of paragraphs (20) and (21) of subsection (a) of this section, unless they
belong to a class declared to be nonquota immigrants under the provisions of
section 101 (a) (27) of this Act, other than subparagraph (C) thereof, or unless
they were admitted to Hawaii with an immigration visa. The Attorney General
shall by regulations provide a method and procedure for the temporary admis-
sion to the United States of the aliens described in this proviso. Any alien
described in this paragraph, who is excluded from admission to the United States,
shall be immediately deported in the manner provided by section 237 (a) of
this Act.
(8) Upon a basis of reciprocity accredited officials of foreign governments,
their immediate families, attendants, servants, and personal employees may be
admitted in immediate and continuous transit through the United States without
regard to the provisions of this section except paragraphs (26), (27), and (25)
of subsection (a) of this section.
(e) Whenever the President finds that the entry of any aliens or of any class
of aliens into the United States would be detrimental to the interests of the
United States, he may by proclamation, and for such period as he shall, deem
necessary, suspend the entry of all aliens or any class of aliens as immigrants
or nonimmigrants, or impose on the entry of aliens any restrictions he may deem
to be appropriate.
ADMISSION OF ALIENS ON GIVING- BOND OR CASH DEPOSIT
Sae. 213. Any alien excludable because he is likely to become a public charge
or because of physical disability other than tuberculosis in any form, leprosy,
or a dangerous contagious disease may, if otherwise admissible, be admitted
in the discretion of the Attorney General upon the giving of a suitable and
proper bond or undertaking approved by the Attorney General, in such amount
and containing such conditions as he may prescribe, to the United States and to
all States, Territories, counties, towns, municipalities, and districts thereof
holding the United States and all States, Territories, counties, towns, municipali-
ties, and districts thereof harmless against such alien becoming a public charge.
In lieu of such bond such alien may deposit in cash with the Attorney General
such amount as the Attorney General may require, which amount shall be
deposited by him in the United States Postal Savings System, a receipt therefor
to be given the person furnishing such sums showing the fact and object of its
receipt and such other information as the Attorney General may deem advisable.
All accruing interest on such deposit during the time it shall be held in the
United States Postal Savings System shall be paid to the person furnishing
such sum. In the event such alien becomes a public charge, the Attorney Gen-
eral shall dispose of such deposit in the same manner as if it had been collected
under a bond as provided in this section. In the event of the permanent de-
parture from the United States, the naturalization, or the death of such alien,
such sum shall be returned to the person by whom furnished, or to his legal
representatives. The admission of such alien shall be a consideration for the
giving of such bond, undertaking, or cash deposit. Suit may be brought thereon
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IMMIGRATION AND NATIONALITY ACT
in the name and by the proper law officers of the United States for the use of
the United States, or of any State, Territory, district, county, town, or munici-
pality in which such alien becomes a public charge.
ADMISSION OF NONIMMIGRANTS
Sac. 214. (a) The admission to the United States of any alien as a nonimmi-
grant shall be for such time and under such conditions as the Attorney General
may by regulations prescribe, including when he deems necessary the giving of
a bond with sufficient surety in such sum and containing such conditions as the
Attorney General shall prescribe, to insure that at the expiration of such time
or upon failure to maintain the status under which he was admitted, or to
maintain any status subsequently acquired under section 248, such alien will
depart from the United States.
(b) Every alien shall be presumed to be an immigrant until he establishes
to the satisfaction of the consular officer, at the time of application for a visa,
and the immigration officers, at the time of application for admission, that he
is entitled to a nonimmigrant status under section 101 (a) (15). An alien who
is an officer or employee of any foreign government or of any international organ-
ization entitled to enjoy privileges, exemptions, and immunities under the Inter-
national Organizations Immunities Act, or an alien who is the attendant, servant,
employee, or member of the immediate family of any such alien shall not be
entitled to apply for or receive an immigrant visa, or to enter the United States
as an immigrant unless he executes a written waiver in the same form and
substance as is prescribed by section 247 (b).
(c) The question of importing any alien as a nonimmigrant under section
101 (a) (15) (H) in any specific case or specific cases shall be determined by
the Attorney General, after consultation with appropriate agencies of the Gov-
ernment, upon petition of the importing employer. Such petition shall be made
and approved before the visa is granted. The petition shall be in such form and
contain such information as the Attorney General shall prescribe. The approval
of such a petiiton shall not, of itself, be construed as establishing that the alien
is a nonimmigrant.
TRAVEL CONTROL OF ALIENS AND CITIZENS IN TIME OF WAR OR NATIONAL EMERGENCY
Sze. 215. (a) When the United States is at war or during the existence of any
national emergency proclaimed by the President, or, as to aliens, whenever there
exists a state of war between or among two or more states, and the President
shall find that the interests of the United States require that restrictions and
prohiNtions in addition to those provided otherwise than by this section be
Imposed upon the departure of persons from and their entry into the United
States, and shall make public proclamation thereof, it shall, until otherwise
ordered by the President or the Congress, be unlawful?
(1) for any alien to depart from or enter or attempt to depart from or
enter the United States except under such reasonable rules, regulations, and
orders, and subject to such limitations and exceptions as the President may
prescribe;
(2) for any person to transport or attempt to transport from or into the
United States another person with knowledge or reasonable cause to believe
that the departure or entry of such other person is forbidden by this section;
(3) for any person knowingly to make any false statement in an applica-
tion for permission to depart from or enter the United States with intent
to induce or secure the granting of such permission either for himself or for
another;
(4) for any person knowingly to furnish or attempt to furnish or assist
in furnishing to another a permit or evidence of permission to depart or
enter not issued and designed for such other person's use;
(5) for any person knowingly to use or attempt to use any permit or
evidence of permission to depart or enter not issued and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or cause or
procure to be forged, counterfeited, mutilated, or altered, any permit or
evidence of permission to depart from or enter the United States;
(7) for any person knowingly to use or attempt to use or furnish to an-
other for use any false, forged, counterfeited, mutilated, or altered permit,
or evidence of permission, or any permit or evidence of permission which,
though originally valid, has become or been made void or invalid.
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(b) After such proclamation as is provided for in subsection (a) has been
made and published and while such proclamation is in force, it shall, except as
otherwise provided by the President, and subject to such limitations and excep-
tions as the President may authorize and prescribe, be unlawful for any citizen
of the United States to depart from or enter, or attempt to depart from or enter,
the United States unless he bears a valid passport.
(c) Any person who shall willfully violate any of the provisions of this section,
or of any order or proclamation of the President promulgated, or of any permit,
rule, or regulation issued thereunder, shall, upon conviction, be fined not more
than $5,000, or, if a natural person, imprisoned fttr not more than five years, or
both; and the officer, director, Or agent of any corporation who knowingly partici-
pates in such violation shall be punished by like fine or imprisonment, or both;
and any vehicle, vessel, or aircraft together with its appurtenances, equipment,
tackle, apparel, and furniture, concerned in any such violation, shall be forfeited
to the United States.
(d) The term "United States" as used in this section includes the Canal Zone,
and all territory and waters, continental or insular, subject to the jurisdiction
of the United States. The term "person" as used in this section shall be deemed
to mean any individual, partnership, association, company, or other incorporated
body of individuals, or corporations, or body politic.
(e) Nothing in this section shall be construed to entitle an alien to whom a
permit to enter the United States has been issued to enter the United States, if
upon arrival in the United States, he is found to be inadmissible under any of the
provisions of this Act, or any other law, relating to the entry of aliens into the
United States.
(f) The revocation of any proclamation, rule, regulation, or order issued in
pursuance of tins section shall not prevent prosecution for any offense committed,
or the imposition of any penalties or forfeitures, liability for which was incurred
under this section prior to the revocation of such proclamation, rule, regulation,
or order.
(g) Passports, visas, reentry permits, and other documents required for entry
under this Act may be considered as permits to enter for the purposes of this
section.
CHAPTER 3?ISSUANCE Or ENTRY DOCUMENTS
ISSUANCE OF VISAS
SEC. 221. (a) Under the conditions hereinafter prescribed and subject to the
limitations 'prescribed in this Act or regulations issued thereunder, a consular
officer may issue (1) to an immigrant who has made proper application therefor,
an immigrant visa which shall consist of one copy of the application provided ?
for in section 222, visaed by such consular officer, and shall specify the quota,
if any, to which the immigrant is charged, the immigrant's particular status
under such quota, the particular nonquota category in which the immigrant is
classified, if a nonquota immigrant, the date on which the validity of the visa
shall expire, and such additional information as may be required; and (2) to a
nonimmigrant who has made proper application therefor, a nonimmigrant visa,
which shall specify the classification under section 101 (a) (15) of the non-
immigrant, the period during which the nonimmigrant visa shall be valid, and
such additional information as may be required.
(b) Each alien who applies for a visa shall be registered and finger-printed
in connection with his application, and shall furnish copies of his photograph
signed by him for such use as may .be by regulations required. The requirements
of this subsection may be waived in the discretion of the Secretary of State in
the case of any alien who is within that class of nonimmigrants enumerated
in sections 101 (a) (15) (A), and 101 (a) (15) (G), or in the ease of any alien
who is granted a diplomatic visa on a diplomatic passport or on the equivalent
thereof.
(c) An immigrant visa shall be valid for such period, not exceeding four
months, as shall be by regulations prescribed. A nonimmigrant visa shall be
valid for such periods as shall be by regulations prescribed. In prescribing
the period of validity of a nonimmigrant visa in the case of nationals of any
foreign country who are eligible for such visas, the Secretary Of State shall,
insofar as practicable, accord to such nationals the same treatment upon a
reciprocal basis as such foreign country accords to nationals of the United States
who are within a similar class. An immigrant visa may be replaced under the
oriplual quota number during the quota year in which the original visa was
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issued for a quota immigrant who establishes to the satisfaction of the consular
officer that he was unable to use the original immigrant visa during the period
of it validity because of reasons beyond his control and for which he was not
responsible: Provided, the consular officer is in possession of the duplicate signed
copy of the original visa, the immigrant is found by the consular officer to be
eligible for an immigrant visa and the immigrant pays again the statutory fees
for an application and an immigrant visa.
( d) Prior to the issuance of an immigrant visa to any alien, the consular
officer shall require such alien to submit to a physical and mental examination
In accordance with such regulations as may be prescribed. Prior to the issuance
of a nonimmigrant visa to any alien, the consular officer may require such alien
to submit to a physical or mental examination, or both, if in his opinion such
examination is necessary to ascertain whether such alien is eligible to receive
a visa.
(e) Each immigrant shall surrender his immigrant visa to the immigration
Officer at the port of entry, who shall endorse on the-visa the date and the port
of arrival, the identity of the vessel or other mans of transportation by which ?
the immigrant arrived, and such other endorsements as may be by regulations
required.
(f) Each nonimmigrant shall present or surrender to the immigration officer
at the port of entry such documents as may be by regulation required. In the
case of an alien crewman not in possession of any individual documents other
than a passport and until such time as it becomes practicable to issue individual
documents, such alien crewman may be admitted, subject to the provisions of
this title, if his name appears in the crew list of the vessel or aircraft on which
he arrives and the crew list is visaed by a consular officer, but the consular
officer shall have the right to exclude any alien crewman from the crew list visa.
(g) No visa or other documentation shall be issued to an alien if (1) it
appears to the consular officer, from statements in I he application, or in the
papers submitted therewith, that such alien is ineligible to receive a visa or
such other documentation under section 212, or any other provision of law, (2)
-the application fails to comply with-the provisions of this Act, or the regulations
issued thereunder, or (3) the consular officer knows or has reason to believe that
such alien is ineligible to receive a visa or such other documentation under
section 212, or any other provision of law: Provided, That a visa or other
documentation may be issued to an alien who is within the purview of section
212 (a) (7), or section 212 (a) (15), if such alien is otherwise entitled to
receive a visa or other documentation, upon receipt of notice by the consular
officer from the Attorney General of the giving of a bond or undertaking pro-
viding indemnity as in the case of aliens admitted under section 213.
(h) Nothing in this Act shall be construed to entitle any alien, to whom a
visa or other documentation has been issued, to enter the United States, if, upon
arrival at a port of entry in the United States, he is found to be inadmissible
under this Act, or any other provision of law. The substance of this subsection
shall appear upon every visa application.
(i) After the issuance of a visa or other documentation to any alien, the
consular officer or the Secretary of State may at any time, in his discretion,
revoke such visa or other documentation. Notice of such revocation shall be
communicated to the Attorney General, and such revocation shall invalidate the
visa or other documentation from the date of issuance: Provided, That carrier?
or transportation companies, and masters, commanding officers, agents, owners,
charterers, or consignees, shall not be penalized under section 273 (b) for action
taken in reliance on such visas or other documentation, unless they received due
notice of such revocation prior to the alien's embarkation.
APPLICATIONS FOR VISAS
?
SEC. 222. (a) Every alien applying for an immigrant visa and for alien registra-
tion shall make application therefor in such form and manner and at such place
as shall be by regulations prescribed. In the application the immigrant shall
state his full and true name and any other name which he has used or by which
he has been known; age and sex; race and ethnic classification ? the date and
place of his birth; present address and places of previous residence; whether
married or single, and the names and places of residence of spouse and children,
If any; calling or occupation; personal description (including height, complex-
ion, color of hair and eyes, and marks of identification) ; languages he can speak,
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IMMIGRATION AND NATIONALITY ACT 33
read, or write; names and addresses of parents, and if neither parent living, then
the name and address of his next of kin in the country from which he comes;
pert of entry into the United States; final destination, if any, beyond the port
of entry; whether he has a ticket through to such final destination; whether
going to join a relative or friend, and, if so, the name and complete address of
such relative or friend; the purpose for which he is going to the United States;
the length of time he intends to remain in the United States; Whether or not
be intends to remain in the United States permanently; whether he was ever ?
arrested, convicted or was ever in prison or almshouse; whether he has ever
been the beneficiary of a pardon or an amnesty; whether he has ever been
treated in an institution or hospital or other place for insanity or other mental
disease; if he claims to be a preference quota or a nonquota immigrant, the
facts on which he bases such claim; whether or not he is -a member of any class
of individuals excluded front admission into the United States, or whether he
claims to be exempt from exclusion. under the immigration laws; and such
additional information necessary to the identification of the applicant and the
enforcement of the immigration and nationality laws as may be by regulations
prescribed.
(b) Every alien applying for an immigrant visa shall present a valid un-
expired passport or other suitable travel document, or document of identity and
nationality, if such document is required under the regulations issued by the
Secretary of Slate. The immigrant shall furnish to the consular officer with
his application two copies of a certification by the appropriate police authorities
stating what their records show concerning the immigrant; two certified copies
of any existing prison record, military record, and record of his birth; and two
certified copies of all other records or documents concerning him or his ease
which may be required by the consular officer. One copy of each document so
furnished shall be permanently attached to each copy of the application and
become a part thereof. In the event that the immigrant establishes to the
satisfaction of the consular officer- that any document or record required by .
this subsection is unobtainable, the consular officer may permit the immigrant
to submit in lieu of such document or record other satisfactory evidence of the
fact to which such document or record would, if obtainable, pertain.
(e) Every 'alien applying for a nonimmigrant visa and for alien registration .
shall male application therefor in such form and manner as shall be by regu-
lations prescribed. In the application the alien shall state his full and true
name, the date and place of birth, his nationality, his race and ethnic classifica-
tion; the purpose and legnth of his intended stay in the United States; personal
description (including height, complexion, color of hair and eyes, and marks of
identification) ; his marital status; and such additional information necessary
to the identification of the applicant and the enforcement of the immigration
and nationality laws as may be by regulations prescribed.
(d) Every alien applying for a nonimmigrant visa and alien registration shall
furnish to the consular officer, with his application, a certified copy of such
documents pertaining to him as may be by regulations required.
(e) Except as may be otherwise prescribed by regulations, each copy of an
application required by tins section shall be signed by the applicant in the
presence of the consular officer, and verified by the oath of the applicant admin- ?
istered by the consular officer. One copy of the application for an immigrant
visa, when visaed by the consular officer, shall become the immigrant visa, and
the other copy shall be disposed of as may be by regulations prescribed. The
application for a nonimmigrant visa or other documentation as a nonimmigrant
shall be disposed of as may be by regulations prescribed. The issuance of a
nonimmigrant visa shall, except as may be otherwise by regulations prescribed,
be evidenced by a stamp placed by the consular officer in the alien's passport.
(f) The records of the Department of State and of diplomatic and consular
offices of the United States pertaining to the issuance or refusal of visas or
permits to enter the United States shall he considered confidential and shall
be used only for the formulation, amendment, administration, or enforcement
, of the immigration, nationality, and other laws of the United States, except
that in the discretion of the Secretary of State certified copies of such records
may .be made available to a court which certifies that the information contained
in such records is needed by the court in the interest of the ends of justice in a
case pending before the court,
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IREENTRY PERMITS
SEc. 223. (a) (1) Any alien lawfully admitted for permanent residence, or
(2) any alien lawfully admitted to the United States pursuant to clause 6 of
section 3 of the Immigration Act of 1924, between July 1, 1924, and July 5, 1932,
both dates inclusive, who intends to depart temporarily from the United States
may make application to the Attorney General for a permit to reenter the United
States, stating the length of his intended absence or absences, and the reasons
therefor. Such applications shall be made under oath, and Shall be in such
form, contain such information, and be accompanied by such photographs of
the applicant as may be by regulations prescribed.
(b) If the Attorney General finds (1) that the applicant under subsection (a)
(1) has been lawfully admitted to the United States for permanent residence,
or that the applicant under subsection (a) (2) has since admission maintained
the status required of him at the time of his admission and such _applicant
desires to visit abroad and to return to the United States to resume the status
existing at the time of his deparure for such visit, (2) that the application is
made in good faith, and (3) that the alien's proposed departure from the United
States would not be contrary to the interests of the United States, the Attorney
General may, in his discretion, issue the permit, which shall be valid for not
more than one year from the date of issuance: Provided, That the Attorney
General may in his discretion extend the validity of the permit for a period or
periods not exceeding one year in the aggregate. The permit shall be in such
form as shall be by regulations prescribed for the complete identification of the
(c) During ?the period of validity, such permit may be used by the alien in
making one or more applications for reentry into the United States.
(d) Upon the return of the alien to the United States the permit shall be
presented to the immigration officer at the port of entry, and upon the expiration
of its validity, the permit shall be surrendered to the Service.
(e) A permit issued under this section in the possession of the person to
whom issued, shall be accepted in lieu of any visa which otherwise would be
required from such person under this Act. Otherwise a permit issued under this
section shall have no effect under the immigration laws except to show that the
alien to whom it was issued is returning from a temporary visit abroad ; but
nothing in this section shall be construed as making such permit the exelusive
means of establishing that the alien is so returning.
NONQUOTA IMMIGRANT VISAS
SEC. 224. A consular officer, may, subject to the limitations provided in sections
204, 205, and 221, issue an immigrant visa to a nonquota immigrant as such
upon satisfactory proof, under regulations prescribed under this Act, that
the applicant is entitled to a nonquota immigrant status.
CRAFTER 4?PROVISI0NS RELATING TO ENTRY AND EXciAlsIoN
Aft.
LISTS OF ALIEN AND CITIZEN PASSENGERS ARRIVING OR DEPARTING ; RECORD OF
RESIDENT ALIENS AND CITIZENS LEAVING PERMANTLY FOR FOREIGN COUNTRY
SEC. 231. (a) Upon She arrival of any person by water or by all' at any port
within the United States from any place outside the United States, it shall be
the duty of the master or commanding officer, or authorized agent, owner, or
consignee of the vessel or aircraft, having any such person on board to deliver
to the immigration officers at the port of arrival typewritten or printed lists (Jr
manifests of the persons on board such vessel or aircraft. Such lists or mani-
fests shall be prepared at such time, be in such form and shall contain such
information as the Attorney General shall prescribe by regulation as being
necessary for the identification of the persons transported and for the enforce-
ment of the immigration laws. This subsection shall not require the master
or commanding officer, or authorized agent, owner, or consignee of a vessel or
aircraft to furnish a list or manifest relating (1) to an alien crewman or (2)
to any other person arriving by air on a trip originating in foreign contiguous
territory, except (with respect to such arrivals by air) as may be required by
regulations issued pursuant to section 239.
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35
(b) It shall be the duty of the master or commanding officer or authorized
agent of every vessel or aircraft taking rassengers on board at any port of
the United States, who are destined to any place outside the United States, to
file with the immigration officers before departure from such port a list of all
such persons taken on board. Such list shall be in such form, contain such
information, and be accompanied by such documents, as the Attorney General
shall prescribe by regulation as necessary for the identification of the persons
so transported and for the enforcement of the immigration laws. No master or
commanding officer of any such vessel or aircraft shall be granted clearance
papers for his vessel or aircraft until he or the authorized agent has deposited
such list or lists and accompanying documents with the immigration officer at
such port and made oath that they are full and complete as to the information
required to be contained therein, except that in the case of vessels or aircraft
which the Attorney General determines are making regular trips to ports of the
United States, the Attorney General may, when expedient, 'arrange for the
delivery of lists of outgoing persons at a later date. This subsection shall not
require the master or commanding officer, or authorized agent, owner, or con-
signee of a vessel or aircraft to furnish a list or manifest relating (1) to an
alien crewman or (2) to any other person departing by air on a trip originating
in the United States who is destined to foreign contiguous territory, except
(with respect to such departure by air) as may be required by regulations issued
pursuant to section 239.
(c) The Attorney General may authorize immigration officers to record the
following information regarding every resident person leaving the United
States by way of the Canadian or Mexican borders for permanent residence in
a foreign country,: Names, ages, and sex: whether married or single; calling
or occupation; whether able to read or write : nationality: conntry of birth;
country of which citizen or subject; race ; last permanent residence in the
United States ; intended future permanent residence ; and time and port of last
arrival in the United States; and if a United States citizen or national, the facts
on which claim to that status is based.
(d) If it shall appear to the satisfaction of the Attorney General that the
master or commanding officer, owner, or consignee of any vessel or aircraft, or the
agent of any transportation line, as the case may be,. has refused or .failed to
deliver any list or manifest required by subsections (a) or (b), or that the list or
manifest delivered is not accurate and full, such master or commanding officer,.
owner, or consignee, or agent, as the case may be, shall pay to the collector
of customs at the port of arrival or departure the sum of $10 for each person
concerning whom such accurate and full list or manifest is not furnished, or
concerning whom the manifest or list is not prepared and. sworn to as prescribed
by this section or by regulations issued pursuant thereto. No vessel or aircraft
shall be granted clearance pending determination of the question of the liability
to the payment of such penalty, or while it remains unpaid, and no such penalty
shall be remitted or refunded, except that clearance may be granted prior to the
determination of such question upon the deposit with the collector of customs of
a bond or undertaking approved by the Attorney General or a stun sufficient to
toyer such penalty.
(e) The Attorney General is authorized to prescribe the circumstances and
conditons under which the list or manifest requirements of subsections (a) and
(b) may be waived. -
DETENTION OF ALIENS FOR OBSERVATION AND EXAMINATION
SEC. 232. For the purpose of determining whet hum aliens (including alien crew-
men) arriving at ports of the United States belong to any of the classes excluded
by this Act, by reason of being afflicted with any of the diseases or mental or
physical defects or disabilities set forth hi section 212 (a), or whenever tile
Attorney General has received information showing that any aliens are coming
from a country or have embarked at a place where any of such diseases are
prevalent or epidemic, sueh aliens shall be detained on board the vessel or at the
airport of arrival of the aircraft bringing them, unless the Attorney General
directs their detention in a United States immigration station or other place
specified by him at the expense of such vessel or aircraft except as otherwise
provided in this Act, as circumstances may require or justify, for a sufficient
time to enable the immigration officers 1111(1 medical officers to subject such aliens
to observation and an examination sufficient to determine whether or not they
belong to the excluded classes.
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36 IMMIGRATION AND NATIONALITY ACT -
TEMPORARY REMOVAL FOR EXAMINATIONS UPON ARRIVAL
SEC. 233. (a) Upon the arrival at a port of the United States of any vessel
or aircraft bringing aliens (including alien crewmen) the immigration officers
may order a temporary removal of such aliens for examination and inspection at
a designated time and place, but such temporary removal shall not be considered
a landing, nor shall it relieve vessels or aircraft, the transportation lines, or the
masters, commanding officers, agents, owners, or consignees of the vessel or
aircraft -upon which such aliens are brought to any port of the United States
from any of .the obligations which, in case such aliens remain on board, would,
under the provisions of this Act bind such vessels or aircraft, transportation lines,
masters, commanding officers, agents, owners, or consignees. A temporary re-
moval of aliens from such vessels or aircraft ordered pursuant to this subsection
shalt be made by an immigration officer at the expense of the vessels or .aircraft
or transportation lines, or the masters, commanding officers, agents, owners, or
consignees of such vessels, aircraft or transportation lines, as provided in
subsection (b) and such vessel, aircraft, transportation lines, masters, com-
manding officer, agents, owners, or consignees, shall, so long as such removal
lasts, be relieved of responsibility for the safekeeping of such aliens : Proviacd,
'That such vessels, aircraft, transportation lines, masters, commanding officers,
agents, owners, or consignees may with the approval of the Attorney General
assume responsibility for the safekeeping of such aliens during their removal to
a designated place for examination and inspection, in which event, such removal
need not be made by an immigration officer.
(b) Whenever a temporary removal of aliens is made under this section, the
vessels or aircraft or *transportation lines which brought them, and the masters,
commanding officers, owners, agents, and consignees of the vessel, aircraft, or
transportation line upon which they arrived shall pay all expanses of such
removal to .a designated place for examination and inspection or other place of
detention . and all expenses arising during subsequent detention, pending a de-
cision on the aliens' eligibility to enter the United States, and until they are
either allowed to land or returned to the care of the transportation line or to the
vessel or aircraft which brought them. Such expenses shall include maintenance,
medical treatment in hospital or elsewhere, burial in the event of death, and
transfer to the vessel, aircraft, or transportation line in the event of deportation,
except where such expenses arise under section 237 (d) or in such cases as the
Attorney General may prescribe in the case of aliens paroled into the United
States temporarily, under the previsions of section 212 (d) (5).
(c) Any detention expenses and expenses incident to detention incurred (but
not including expenses of removal to the place of detention) pursuant to sections
232 and 233 shall not be assessed under this Act against the vessel or aircraft or
transportation line or the master, commanding officer, owner, agent, or consignee
of the vessel, aircraft, or transportation line in the case of (1) any alien who
arrived in possession of a valid unexpired immigrant visa, or (2) any alien who
was finally admitted to the United States pursuant to this Act after gnat deten-
Ui n, or (3) any alien other than an alien crewman, who arrived in possessioh
of a valid unexpired nonimmigrant visa or other document authorizing such alien'
to apply for temporary admission to the United States or an unexpired reentry
t issued to him, and (A) application for admission was made within one
hundred and twenty days of the date of issuance of the visa or other document, or
in the case of an alien in possession of a reentry permit, within one hundred and
twenty days of the date on which the alien was last examined and admitted by
the Service, or (B) in the event application for admission was made later than
one hundred and twenty days of the date of issuance of the visa or other document .
or such examination and admission, if the vessel, aircraft, or transportation line
or the master, commanding officer, owner, agent, or consignee of the vessel, air-
craft, or transportation line establishes to the satisfaction of the Attorney
General that the ground of exclusion could not have been ascertained by the
exercise of due diligence prior to the alien's embarkation, or (4) any person
cam ng raited States nationality or citizenship and in possession of an unex-
pired United States passport issued to him by competent authority, or (5) any
person claiming United States nationality or citizenship and in possession of a
certificate of identity issued pursuant to section 360 (b) of this Act, or any other
document of identity issued or verified by a consular officer which shows on its
face that it is currently valid for travel to the United States and who was allowed
to land in the United States after such detention.
(d) Any refusal or failure to comply with the provisions of this section shall
be punished in the manner specified in section 237 (b) of this Act.
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I
PHYSICAL AND MENTAL EXAMINATION
? .SEC. 234. The physical and mental examination of arriving aliens (including .
alien crewmen) shall be made by medical officers of the United States Public
Health Service, who shall conduct all medical examinations and shall certify, for
the information of the immigration officers and the special inquiry officers, any
physical and mental defect or disease observed by such medical officers in any
such alien. If medical officers of the United States Public Health Service are not
available, civil surgeons of not less than four years' professional experience may
be employed for such service upon such terms as may be prescribed by the Attor-
ney General. Aliens (including alien crewmen) arriving at ports of the United
States shall, be examined by at least one such medical officer or civil surgeon
under such administrative regulations as the Attorney General may prescribe
and under medical regulations prepared by the Surgeon General of the. United
States Public Health Service. Medical officers of the United States Public Health
Service who have had special training in the diagnosis of insanity and mental
defects shall be detailed for duty or employed at such ports of entry as the
Attorney General may designate, and such medical officers shall be provided
with suitable facilities for the detention and examination of all arriving aliens
who it is suspected may be excludable under paragraphs (1), (2), (3), (4), or (5)
?of section 212 (a), and the services of interpreters shall be provided for such -
examination. Any alien certified under paragraphs (1), (2), (3), (4), or (5)
of section 212 (a) may appeal to a board of medical officers of the United States
Public Health Service, which shall be convened by the Surgeon General of the
United States Public Health Service, and any such alien may introduce before
such board one expert medical witness at his own cost and expense.
INSPECTION BY IMMIGRATION OFFICES -
SEC. 235. (a) The inspection, other than the physical and mental examination,
of aliens (including alien crewmen) seeking admission or readmission to, or the
..privilege of passing through the United States shall be conducted by immigration
officers, except as otherwise provided in regard to special inquiry officers. All
aliens arriving at ports of the United States shall be examined by one or more
immigration officers at the discretion of the Attorney General and under such
regulations as he may prescribe. Immigration officers are hereby authorized and
.empowered to board and search any vessel, aircraft, railway car, or othei . con-
veyance, or vehicle in which they believe aliens are being brought into the United
States. The Attorney General and any immigration officer, including special
inquiry officers, shall have power to administer oaths and take and consider evi-
dence of or from any person touching the privilege of any alien or person he
believes or suspects to be an alien to enter, reenter, pass through, or reside in the
-United Slates or concerning any matter which is material and relevant to the
?enforcement of this Act and the administration of the Service, and, where. such
action may be necessary, to make a written record of such evidence. Any person
coming into the United States may be required to state under oath the purpose
or purposes for which he comes, the length of time he intends to remain in the
United States, whether or not he intends to remain in the United States perma-
nently and, if an alien, whether he intends to become a citizen thereof, and such
other items of information as will aid the. immigration officer in determining
whether he is a national of the United States or an alien and, if the latter,
whether he belongs to any of the excluded classes. enumerated in section 212. The
Attorney General and any immigration officer, including special inquiry officers,
shall have power to require by subpena the attendance and testimony of witnesses
before immigration officers and special inquiry officers and the production of
books, I apers, arid documents renting to the privilege of zmy p?-rson to enter,
reenter, reside in, or pass through the United States or concerning any matter
which is material and relevant to the enforcement of this Act and the adminis-
tration of the Service, and to that end may invoke the aid of any court of the
United States. Any United States district court within the jurisdiction of which
?investigations or inquiries are being conducted by an immigration officer or spe-
cial inquiry officer may, in the event of neglect or refusal to respond to a sub-
pena issued under this subsection or refusal to testify before an immigration
officer or special inquiry officer, issue an order requiring such persons to appear
before an immigration officer or special inquiry officer, produce books, papers, and
documents if demanded, and testify, and any failure to obey such order of the
court may be punished by the court as a contempt thereof.
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IMMIGRATION AND NATIONALITY ACT
?
(b) Every alien ( other than an alien crewman), and except as otherwise
provided in subsection (c) of this section and in section 273 (d), who may not
appear to the examining immigration officer at the port of arrival to be clearly
and beyond a doubt entitled to land shall be detained for further inquiry to be
-conducted by a special inquiry officer. The decision of the examining immigra-
tion officer, if favorable to the admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge shall operate to take the
alien, whose privilege to land is so challenged, before a special inquiry officer for
further inquiry.
(c) Any -alien (including an alien crewman) who may appear to the examin-
ing immigration officer or to the special inquiry officer (luring the examination
-before either of such officers to be excludable under paragraph (27) , (28) , or
(29) of section 212 (a) shall he temporarily excluded, and no further inquiry
by a special inquiry officer shall be conducted until after the case is reported
to the Attorney General together with any such written statement and accom-
panying information, if any, as the alien or hi.s representative may desire to
submit in connection therewith and such as inquiry or further inquiry is directed
by the Attorney General. If the Attorney General is satisfied that the alien
:is excludable under any of such paragraphs on the basis of information of a
confidential nature, the disclosure of which the Attorney General, in the exercise
of his discretion, and after consultation with the appropriate Security agencies
of the Government, concludes would be prejudicial to the public interest, safety,
or security, he may in his discretion order such alien to be excluded and deported
without any. inquiry or further inquiry by a special inquiry officer. Nothing in
this subsection shall be regarded as requiring an inquiry before a special
inquiry officer in the case of an alien crewman.
EXCLUSIONS OF ALIENS
SEC. 236. (a) A special inquiry officer shall conduct proceedings under this
section, administer oaths, present and receive evidence, and interrogate, examine,
and cross-examine the alien or witnesses. He shall have authority in any case
to determine whether an arriving alien who has been detained for further Inquiry
?under section 235 shall be allowed to enter or shall be excluded and deported.
The determination of such special inquiry officer shall be based. only on the
evidence produced at the inquiry. No special inquiry officer shall conduct a pro,.
ceeding in any case under this section in which he shall have participated in
Investigative functions or in which he shall have participated (except as pro-
vided in this subsection) in prosecuting functions. Proceedings before a special
Inquiry officer under this section shall be conducted in accordance with this
section, the applicable provisions of sections 235 and 287 (b), and such regulations
as the Attorney General shall. prescribe, and shall be the sole and exclusive pro-
cedure for determining admissibility of a person to the United States under the
provisions of this section. At such inquiry, which shall be kept separate and
:apart from the public, the alien may have one friend or relative present, under
such conditions as may be prescribed by the Attorney General. A complete record
of the proceedings and of all testimony and evidence produced at such inquiry,
shall be kept.
(b). From a decision of a special inquiry officer excluding an alien, such
'alien may take a timely appeal to the Attorney General, and any such alien
?shall be advised of his right to take such appeal. No appeal may be taken from a
temporary exclusion under section 235 (c). - From a decision of the special
Inquiry officer to admit an alien, the immigration officer in charge at the port
where the inquiry is held may take a timely appeal to the Attorney General.
An appeal by the alien, or such officer in charge, shall operate to stay any final
'action with respect to any alien whose case is so appealed until the final decision
of the Attorney General is made. Except as provided in section 235 (c) such
decision shall be rendered solely upon the evidence adduced before the special
inquiry officer.
(c) Except as provided in subsections (b) or (d) , in every case where an alien
Is excluded from admission into the United States, under this Act or any
other law or treaty now existing or hereafter made, the decision of a special
Inquiry officer shall be final unless reversed on appeal to the Attorney General.
(d) If a medical officer or civil surgeon or board of medical officers has
certified under section 234 that an alien is afflicted with a disease specified in
section 212 (a) (6), or with any mental disease, defect, or disability which
would bring such alien within any of the classes excluded from admission to
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1XIMIGIZATIO'N AND NATIONALITY ACT 39
the United States ander paragraphs (1), (2), (3), (4), or (5) of section 212
(a), the decision of the special inquiry officer shall be based solely upon such
certification. No alien shall have a right to appeal from such an excluding de-
cision of a special inquiry officer. If an alien is excluded by a special inquiry
officer because of the existence of a physical disease, defect, or disability, other
than one specified in section 212 (a) (6), the alien may appeal from the excluding
decision in accordance with subsection (b) of this section, and the provisions of
section 213 may be invoked.
IMO EDIATE DEPORTATION OF ALIENS EXCLUDED FROM ADMISSION OR ENTERING IN
VIOLATION OF LAW
SEC. 237. (a) Any alien (other than an alien crewman) arriving in the United
States who is excluded under this Act, shall be immediately deported to the
country whence he came, in accommodations of the same class in which he
arrived, on the vessel or aircraft bringing him, unless the Attorney General, in '
an individual case, in his discretion, concludes that immediate deportation is not
practicable or proper. The cost of the maintenance including detention expenses
and expenses incident to detention of any such alien while he is being detained,
as well as .the transportation expense of his deportation from the United States,
shall be borne by the owner or owners of the vessel or aircraft on which he
arrived, except that the cost of maintenance (including detention expenses and
expenses incident to detention while the alien is being detained prior to the
time he is offered for deportation to the transportaton line which brought him to
the United -States) shall not be assessed -against the owner or owners of such
vessel or aircraft if (1) the alien was in possession of a valid, unexpired immi-
grant visa, or (2) if the alien (other than an alien crewman) was in possession
of a valid, unexpired nonimmigrant visa or other document authorizing such
alien to apply for temporary admission to the United States or an unexpired
reentry permit issued to him, and (A) such application was made within one
hundred and twenty days of the date of issuance of the visa or other document,
or in the case of an alien in possession of a reentry permit, within one hundred
and twenty days of the date on which the alien was last examined and admitted
by the Service, or (B) in the event the application was made later than one
hundred and twenty days of the date of issuance of the visa or other document
or such examination, and admission, if the owner or owners of such vessel or
aircraft established to the satisfaction of the Attorney General that the ground
of exclusion could not have been ascertained by the exercise of due diligence
prior to the alien's embarkation, or (3) the person claimed United States na-
tionality or citizenship and was in possession of an unexpired United States
passport issued to him by competent authority.
(b) It shall be unlay.-ful for any master, commanding officer, purser, person
in charge, agent, owner, Or consignee of any vessel OT aircraft (1) to refuse to
receive any alien (other than an alien crewman), ordered deported under this
section back on board such vessel or aircraft or another vessel or aircraft owned
or operated by the same interests; (2) to fail to detain any alien (other than an
alien crewman) on board any such vessel or at the ai.rport of arrival of the
aircraft when required by this Act or if so ordered by an immigration officer, or
to fail or refuse to deliver him for medical or other inspection, or for further
medical or other inspection, as and when so ordered by such officer; (3) to refuse
or fail to remove him from the United Stated to the country whence he came;
(4) to fail to pay the cost of his maintenancewhile being detained as required
by this section or section 233 of this title; (5) to take any fee, deposit, or con-
sideration on a contingent basis to be kept or returned in case the alien is
landed or excluded; or (6) knowingly to bring to the United States any alien
(other than an alien crewman) excluded or arrested and deported under any
provision of law until such alien may be lawfully entitled to reapply for admis-
sion to the United States. If it shall appear to the satisfaction of the Attorney
General that any such master, commanding officer, purser, person in charge,
agent, owner, or consignee of any vessel or aircraft has violated any of the
provisions of this section- or of section 233 of this title, such master, commanding
officer, purser, person in charge, agent, owner, or consignee shall pay to the
collector of customs of the district in which port of arrival is situated or in
which any vessel or aircraft of the line may be found, the SUM of $300 for each
violation. No such vessel or aircraft shall have clearance from any port of the
United States while any such tine is unpaid or while the question of liability to
pay any such line is being determined, nor shall any such fine be remitted or
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00x3A8LV100A1C0r0 0050002-6
1
refunded, except that clearance may be granted prior to the determination of
such question upon the deposit with the collector of customs of a bond or under-
taking approved by the Attorney General or a sum sufficient to cover such fine.
(c) If the vessel or aircraft, by which any alien who has been ordered deported
under this section arrived, has left the United States and it is impracticable to
deport the alien within a reasonable time by another vessel or aircraft owned
by the same person, the cost of deportation may be paid from the appropriation
for the enforcement of this Act and recovered by civil suit from any owner,
agent, or consignee of the vessel or aircraft.
(d) The Attorney General, under such conditions as are by regulations pre-
scribed, may stay the deportation of any alien deportable under this section,
if in his judgment the testimony of such alien is necessary on behalf of the
United States in the prosecution of offenders against any provision of this Act
or other laws of the United States. The cost of maintenance of any person so
detained resulting from a stay of deportation under this subsection and a witness
fee in the sum of $1 per day for each day such person is so detained may be
paid from the appropriation for the enforcement of this title. Such alien may
be released under bond in the penalty of not less than $500 with security ap-
proved by the Attorney General on condition that such alien shall be produced
when required as a witness and for deportation, and on such other conditions
as the Attorney General may prescribe.
(e) Upon the certificate of an examining medical officer to the effect that an
alien ordered to be excluded and deported under this section is helpless from
sickness or mental and physical disability, or infancy, if such alien is accom-
panied by another alien whose protection or guardianship is required by the
alien ordered excluded and deported, such accompanying alien may also be
excluded and deported, and the master, commanding officer, agent, owner, or
consignee of the vessel or aircraft in which such alien and accompanying alien
arrived in the United States shall be required to return the accompanying alien
in the same manner as other aliens denied admission and ordered deported
under this section.
ENTRY THROUGH OR FROM FOREIGN CONTIGUOUS TERRITORY AND ADJACENT ISLANDS;
LANDING STATIONS
SEC. 238. (a) The Attorney General shall have power to enter into contracts
with transportation lines for the entry and inspection of aliens coming to the.
United States through foreign contiguous territory or through adjacent islands.
In prescribing rules and regulations and making contracts for the entry and in-
spection of aliens applying for admission through foreign contiguous territory
or through adjacent islands, due care shall be exercised to avoid any discrimi-
natory action in favor of transportation companies trammorting to such territory
or islands aliens destined to the United States, and all such transportation com-
panies shall be required, as a condition precedent to the inspection or examina-
tion under such rules and contracts at the ports of such contiguous territory
or such adjacent islands of aliens brought thereto by them, to enter into a con-
tract which will require them to submit to and comply with all the requirements
of this Act which would apply were they bringing such aliens directly to ports
of the United States.
(b) The Attorney General shall have power to enter into contracts with trans-
portation lines for the entry and inspection of aliens coming to the United States
from foreign contiguous territory or from adjacent islands. No such transporta-
tion line shall be allowed to land any such alien in the United States until and
unless it has entered into any such contracts which may be required by the
Attorney General.
(c) Every transportation line engaged in carrying alien passengers for hire
to the United States from foreign contiguous territory or from adjacent islands
shall provide and maintain at its expense suitable landing stations, approved by
the Attorney General, conveniently located at the point or points of entry. No
such transportation line shall be allowed to land any alien passengers in the
United States until such landing stations are provided; and unless such stations
are thereafter maintained to the satisfaction of the Attorney General.
(d) The Attorney General shall have power to enter into contracts including
bonding agreements with transportation lines to guarantee the passage through
the United States in immediate and continuous transit of aliens destined to
foreign countries. Notwithstanding any other provision of this Act, such aliens
may not have their classification changed under section 248.
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(e) As used in this section the terms "transportation line" and "transporta-
tion company" include, but are not limited to, the owner, charterer, consignee, or
authorized agent operating any vessel or aircraft bringing aliens to the United
States, to foreign contiguous territory, or to adjacent islands.
DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY CIVIL AIRCRAFT,
SEC. 239. The Attorney General is authorized (1) by regulation to .designate
as ports of entry for aliens arriving by aircraft any of the ports of entry for
civil aircraft designated as such in accordance with law; (2) by regulation to
provide such reasonable requirements for aircraft in civil air navigation with
respect to giving notice of intention to land in advance of landing, or notice of
landing, as shall be deemed necessary for purposes of administration and en-
forcement of this Act; and (3) by ?regulation to provide for the application to
civil air navigation of the provisions of this Act where not expressly so provided
in this Act to such extent and upon such conditions as he deems necessary. Any
person who violates any regulation made under this section shall be subject to
a civil penalty of $500 which may .be remitted or mitigated by the Attorney
General in accordance with such proceedings as the Attorney General shall by
regulation prescribe. In case the violation is by the owner or person in command
of the aircraft, the penalty shall be a lien upon the aircraft, and such a aircraft
. may be libeled therefor in the appropriate United.States court. The determina-
tion by the Attorney General and remission or mitigation of the civil penalty
shall be .final. In case the violation is by the owner or person in command of
the aircraft, the penalty shall be a lien upon the aircraft and may be collected
by proceedings in rem which shall conform as nearly as may be to civil suits
in admiralty. The Supreme Court of the United States, and under its direction
other courts Of the United States, are authorized to prescribe rules regulating
such proceedings against aircraft in any particular not otherwise Provided by
law. Any aircraft made subject to a lien by this section may be summarily
seized by, and placed in the custody of such persons as the Attorney General
may by regulation prescribe. The aircraft may be released from such custody
upon deposit of such amount not exceeding $509 as the Attorney General may.
prescribe, or of a bond in such sum and with such sureties as the Attorney
General may prescribe, conditioned upon the payment of the penalty which may
be finally determined by the Attorney General.
RECORDS OF ADMISSION
SEC. 240 (a) The Attorney General shall cause to be filed, as a record of admis-
sion of each immigrant, the immigrant visa required by section 221 (e) to be sur-
rendered at the port of entrY by the arriving alien to an immigration officer.
(b) The Attorney General shall cause to be filed such record of the entry into
the United States of each immigrant admitted under section 211 (h) and of each
nonimmigrant as the Attorney General deems necessary for the enforcement of
the immigration laws.
CHAPTER 5--:.DEPORTATION; AWESTMENT OF STATUS
GENERAL CLASSES OF DEPORTABLE ALIENS
SEC. 241. (a) Any alien in the United States (including an alien crewman)
shall, upon the order of the Attorney General, be deported who?
(1) at the time .of entry was within one or more of the classes of aliens
excludable by the law existing at the time of such entry;
(2) entered the United States without inspection or at any time or place
other than as designated by the Attorney General or is in the United States
in violation of this Act or in violation of any other law of the United States;
(3) hereafter, within five years after entry, becomes institutionalized at
public expense because of mental disease, defect, or deficiency, unless the
alien can -show that such disease, defect, or deficiency did not exist prior to
his admission to the United States;
(4) is convicted of a crime involving moral turpitude committed within
five years after entry and either sentenced to confinement or confined there-
for in a prison or corrective institution, for a year or more, or who at .any
time after entry is convicted of two crimes involving moral turpitude, not
arising out of a single scheme of criminal misconduct, regardless of whether
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confined therefor and regardless of whether the convictions were in a single
trial;
(5) has failed to comply with the provisions of section 265 unless he
establishes to the satisfaction of the Attorney General that such failure was
reasonably excusable or was not willful, or has been convicted under section
266 (c) of this title, or under section 36 (c) of the Alien Registration Act,
1940, or has been convicted of violating or conspiracy to violate any provision
of the Act entitled "An Act to require the registration of certain persons
employed by agencies to disseminate propaganda in the United StateS, and
for other purposes", approved June 8, 1938, as amended, or has been convicted
under section 1546 of title 18 of the United States Code;
(6) is or at any time has been, after entry, a member of any of the follow-
ing classes of aliens:
(A) Aliens who are anarchists;
(B) Aliens who advocate or teach, or who are members of or ziffiliated
with any organization that advocates or teaches, opposition to all
organized government;
(C) Aliens who are members of or affiliated with (i) the Communist
Party of the United States; (ii) any other totalitarian party of the
United States; (iii) the Communist Political Association; (iv) the
Communist or any other totalitarian party of any State of the United
States, of any foreign state, or of any political or geographical subdivi-
sion of any foreign state; (v) any section, subsidiary, branch, affiliate, or
subdivision of any such association or party; or (vi) the direct prede-
cessors or successors of any such -association or party, regardless of
what name such group or organization may have used, may now bear,
? or may hereafter adopt: Provided, That nothing in this paragraph, or in
any other provision of this Act, shall be construed as declaring that the
Communist Party does not advocate the overthrow of the Government
of the United States by force, violence, or other unconstitutional means;
(D) Aliens not within any of the other provisions of this paragraph
who advocate the economic, international, and governmental doctrines
of world communism Or the establishment in the United States of a
totalitarian dictatorship, or who are members of or affiliated with any
organization that advocates the economic, international, and govern-
mental doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship, either through its own
utterances or through any written or printed publications issued or
published by or with the permission or consent of or under the authority
of such organization or paid for by the funds of, or funds furnished by
such organization;
(IC) Aliens not within any of tile other provisions of this paragraph,
who are members of or affiliated with any organization during the time
it is registered or required to be registered under section 7 of the
Subversive Activities Control Act of 1950, unless such aliens establish
that they did not have knowledge or reason to believe at the time they
became members of or affiliated with such an organization (and did not
thereafter and prior to the date upon which such organization was -so
registered or so required to be registered have such knowledge or reason
to believe) that such organization was a Communist organization;
(F) Aliens who advocate or teach or who are members of or affiliated
with any organization that advocates or teaches (i) the overthrow by
force, violence, or other unconstitutional means of the Government of
the United States or of all forms of law; or (ii) the duty, necessity, or
propriety of the unlawful assaulting or killing of any officer or officers
(either of specific individuals or of officers generally) of the Govern-
ment of the United States or of any other organized government, because
of his or their official character ; or (iii) the unlawful damage, injury, or
destruction of property ; or (iv) sabotage ;
(G) Aliens who write or publish, or cause to be written or published,
or who knowingly circulate, distribute, print, or display, or knowingly
cauNe to be circulated, distributed, printed, published, or displayed, or
who knowingly have in their possession for the pmpose of circulation,
publication, distribution, or display, any written or printed matter, ad-
vocating or teaching opposition to all organized government, or advoca-
ting or teaching (i) the overthrow by force, violence, or other uncon-
stitutional means of the Government of the United States or of all forms
of law; or (ii) the duty, necessity, or propriety of the unlawful assault-
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.t
Approved For Release 2000Lomi,9*-RnTagg4?ffigoip.poo50002-6 43
ing or killing of any officer or officers (either of specific individuals
or of officers generally) of the Government of the United States or of
any other organized government, because of his or their official char-
acter; or (iii) the unlawful damage, injury, or destruction of property;
or (iv) sabotage; or (v) the economic, international, and govern-
mental doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship ;
(FI) Aliens who are members of or affiliated with any organization
that writes, circulates, distributes, prints, publishes, or displays, or
causes to be written, circulated, distributed, printed, published, or dis-
played, or that has in its possession for the purpose of circulation,
distribution, publication, issue, or display, ally written or printed matter
of the character described in paragraph (G) ;
(7) is engaged, or at any time after entry has engaged, or at any time
after entry has had a purpose to engage; in any of the activities described
in paragraph (27) or (29) of section 212 (a), miless the Attorney General
is satisfied, in the case of any alien within category (C) of paragraph (20) .
of such section, that such alien did not have knowledge or reason to believe
at the time such alien became a member of, affiliated with, or participated
in the activities of the organization (and did not thereafter and prior to
the date upon which such organization was registered or required to be
registered under section 7 of the Subversive Activities Control Act of 1950
have such knowledge or reason to believe) that such organization was a
Communist organization;
(8) in the opinion of the Attorney General, has within five years after
entry became a public charge from causes not affirmatively .shown to have
arisen after entry ;
(9) was admitted ,as a nonimmigrant and failed to maintain the non-
immigrant status in which he was admitted or to which it was changed
pursuant to section 248, or to compl.y with the conditions of any such status;
(10) entered the United States from foreign contiguous territory or ad-
jacent islands, haying .arrived there on a vessel or aircraft of a nonsigna-
tory transportation company under section 238 GO and was without the
required period of stay in such foreign contiguous territory or adjacent
islands following such arrival (other than an alien who is a native-born
citizen of any of the countries enumerated in section 101 (a) (27) (C) and
an alien described in section 101 (a) (27) (B)) ;
(1.1) is, or hereafter at any time after entry has been, a narcotic drug
addict, or who at any time has been convicted of a violation of any law or
regulation relating to the illicit traffic in narcotic drugs, or who has been
convicted or a violation of any law or regulation governing or controlling the
taxing, manufacture, production, compounding, transportation, sale, ex-
change, dispensing, giving away, importation, exportation, or the possession
for the purpose of the manufacture, production, compounding, transporta-
tion, sale, exchange, dispensing, giving away, importation or exportation of
opium, coca leaves, heroin, marihuana, any salt derivative or preparation of
opium or coca leaves or isonipecaine or any addiction-forming or addiction
sustaining opiate ;
(12) by .reason of any conduct, behavior or activity at any time after
entry became a mei-fiber of any of the classes specified in paragraph (12)
of section 212 (a) ; or is or at any time after entry has been the manager,
or is at any time after entry has been connected with the management, of a
house of prostitution or any other immoral place;
(13) prior to, or at the time of any entry, or at any time within five
years after any entry, shall have, knowingly and for gain, encouraged,
induced, assisted, abetted, or aided any other alien to enter or to try to
enter the United States in violation or law :
(14) ii any time after entry, shall have been convicted of possessing or
carrying in violation of any law any weapon which shoots or is designed to
shoot automatically or semiautomatically more than one shot without manu-
al reloading, by a single function of the trigger, or a weapon commonly
called a sawed-off shotgun;
(15) at any time within five years after entry, shall have been convicted
of violating the provisions of title I of the Alien Registration Act, 1940;
(10) at any time after entry, shall have been convicted more than once
of violating the provisions or title I of the Alien Registration Act, 1940; or
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44 IMMIGRATION AND NATIONALITY ACT
(17) the Attorney General finds to be an undesirable resident of the
United States by reason of any of the following, to wit: has been or may
hereafter be convicted of any violation or conspiracy to violate any of the
following Acts or parts of Acts or any amendment thereto, the judgment
on such conviction having become final, namely: an Act entitled- "An Act
to punish acts of interefrence with the foreign relations, the neutrality, and
the foreign commerce of the United States, to punish espionage, and better
to enforce the criminal laws of the United States, and for other purposes";
approved June 15, 1917, or the amendment thereof approved May 16, 1918;
sections 791, 792, 793, 794, 2388, and 3241, title 18, United States Code; an
Act entitled "An Act to prohibit the manufacture, distribution, storage, use,
and possession in time of war of explosives, providing regulations for the
safe manufacture, distribution, storage, use, and possession of the same, and
for other purposes", approved October 6, 1917; an Act entitled "An Act to -
prevent in time of war departure from and entry into the United States con-
trary to the public safety", approved- May 22,- 1918; section 215 of this
Act; an Act entitled "An Act to Punish the willful injury or destruction
of war material or of war premises or utilities used in connection with
war material, and for other purposes", approved April 20, 1918; sections
2151, 2153, 2154, 2155, and 2156 of title 18, United States Code; an Act
entitled "An Act to authorize the President to increase temporarily the
Military establishment of the United States", approved May 18, 1917, or any
amendment thereof or supplement thereto; the Selective Training and Serv-
ice Act of 1940; the Selective Service Act of 1948; the Universal Military
Training and Service Act; an Act entitled "An Act to punish persons who
make threats against the President of the United States", approved February
14, 1917; section 871 of title 18, United States Code; an Act entitled "An
Act to define, regulate, and punish trading with the enemy, and for other
purposes", approved October 6, 1917, or any amendment thereof; the Trad-
ing With the Enemy Act; section 6 df the Penal Code of the United States;
section 2384 of title 18, United States Code; has been convicted of any
offense against section 13 of the Penal Code of the United States committed
during the period of August 1, 1014, to April 6, 1917, or of a conspiracy
occurring within said period to commit an offense under said section 13
or of any offense committed during said period against the Act entitled "An
Act to protect trade and commerce against unlawful restrains and mo-
nopolies", approved July 2, 1890, in aid of a belligerent in the European
war; section 960 of title 18, United States Code; or
? (18) has been convicted under section 278 of this Act or under section 4
- of the Immigration Act of February 5, 1917.
(b) The provisions of subsection (a) (4) respecting the deportation of a.n alien
convicted of a crime or crimes shall not apply (1) in the case of any alien who.
has subsequent to such conviction been granted a full and unconditional pardon
by tile President of the United States or by the Governor of any of the sevaral
States, or (2) if the court sentencng such alien for such crime shall make, at the
time of the first imposing judgment or passing sentence, or within thirty days
thereafter, a recommendation to the Attorney General that such alien not be
deported, due notice having been given prior to making such recommendation
to representatives of the interested State, the Service, and prosecution author-
ities, who shall be granted an opportunity to make representations in the matter.
(c) An alien shall be deported as having procured a visa or other documenta-
tion by fraud within the meaning of paragraph (19) of section 212 (a), and to be
in the United States in violation of this Act within the meaning of subsection
(a) (2) of this section, if (1) hereafter he or she obtains any entry into the
United States with an immigrant visa or other documentation procured on the -
basis of 'a marriage entered into less than two years prior to such entry of the
alien and which, within two years subsequent to any entry of the alien into the
United States, shall be judicially annulled or terminated, unless such alien shall
establish to the satisfaction of the Attorney General that Such marriage was
not contracted for the purpose of evading any provisions of the immigration
laws; or (2) it appears to the satisfaction of the Attorney General that he or
she has failed or refused to fulfill his or her marital agreement which in the
opinion of the Attorney - General was hereafter made for the purpose of pro-
-curing his or her entry as an immigrant.
(d) Except as otherwise specifically provided in this section, the provisions
of this section shall be applicable to all aliens belonging to any of the classes
enumerated in subsection (a), not withstanding (1) that any such alien entered
the United States prior to the date of enactment of this Act, or (2) that the
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'facts, by reason of which any such alien belongs to any of the classes enumerated
in subsection (a), occurred prior to the date of enactment of this Act.
(e) An alien, admitted as a nonimmigrant under the provisions of either
section 101 (a). (15) (A) (I) or 101 (a) (15) (G) (i), and who fails to main-
tain a status under either of those provisions, shall not be required to depart
from the -United States without the approval of the Secretary of State, unless
such alien is subject to deportation under subsection (a) (0) or (7) of this.
section.
APPREHENSION AND DEPORTATION OF ALIENS
'SEC. 2.42. (a) Pending a determination of deportability in the ease of any alien
as provided in subsection (b) Of this section, such alien may, upon warrant of
the Attorney General, be arrested and taken into custody. Any such alien taken
into custody may, in the discretion of the Attorney General and pending such
final determination of deportability, (1) lie continued in.custody ; or (2) be re-
leased under bond in the amount of not less than $5C0 with security approved
by the Attorney General, containing such conditions as the Attorney General
may prescribe ; or (3) be released on conditional parole. But such bond or
parole, whether heretofore or hereafter authorized, may be revoked at any time
by the Attorney General, in his discretion, and the alien may be returned to
custody under the warrant which initiated the proceedings against him and de-
tained until final deterndnation of his dePortability. Any court of competent
jurisdiction shall have authority to review or revise any determination of the
Attorney General concerning detention, release or bond, or parole pending final
de-ision of deportability upon a conclusive sleeving in habeas corpas proceedings
that the Attorney General is not pro-ceding with such reasonable dispatch as may.
be warranted by the particu.ar facts and circumstances in the case of any alien
to determine deportability.
(b) A special inquiry officer shall conduct proceedings under this section to
determine the deportability ot any alien, and shall administer oaths, present and
receive evidence, interrogate, examine, and cross-examine the alien or witnesses,
and, as authorized by the Attorney General, shall make determinations, including
orders of deportation. Determination of deportability in any case shall be made
only upon a record made in a proceeding before a special inquiry officer, at which
the alien shall have reasGnable opportunity to be present, unless by reason of
the alien's mental. incompetency it is impracticable for him to be present, in
which case the Attorney General shall prescribe necessary and proper safeguards
for the rights and privileges of such .alien. If any alien has been given a reason-
able opportunity to be present at a proceeding under this section, and without
reasonable cause fails or refuses to attend or remain in attendance at such
proceeding, the special inquiry officer may proceed to a determination in like
manner. as if the alien wete present. In any case or class of cases in which the
Attorney general believes that such procedure would be of aid in making a
determination, he maly require specifically or by regulation that an additional
immigration officer shall be assigned to present the evidence on behalf of the
United States and in such case such additional immigration officer shall have
authority to present evidence, and to interrogate, examine and cross-examine
the alien or other witnesses in the proceedings. Nothing in the preceding sen-
tence shall he construed to diminish the authority conferred upon the special
inquiry officer conducting such proceedings. No special inquiry Officer shall con-
duct a proceeding in any case under this section in which he shall have partici-
pated in investigative function, or in which he shall have participated (except as
provided in this subsection) in prosecuting functions. Proceedings before a spe-
cial inquiry officer acting under the provisions of tins section shall be in accord-
ance with such regulations, not inconsistent with this Act, as the Attorney
General shall prescribe. Such regulations shall include requirements that?
(1) the alien shall be given notice, reasonable under all the circumstances,
of the nature of the charges against him and. of the time and place at which
the proceedings will be held;
(2) the alien shall have the privilege of being represented (at no expense
to the Government) by such counsel, authorized to practice in such proceed-
ings, as he shall choose;
. (3) the alien shall have a reasonable opportunity to examine the evidence
against him, to present evidence in his own behalf, and to cross-examine
witnesses presented by the Government; and
(4) no decision of deportability shall be valid unless it is based upon
reasonable, substantial, and probative evidence.
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IMMIGRATION AND NATIONALITY ACT
The procedure so prescribed shall be tile sole and exclusive procedure for
determining the deportability of an alien under this section. In any case in which
an alien is ordered deported from the United States under the provisions of this
Act, or of any other law or treaty, the decision of the Attorney General shall be
final. In the discretion of the Attorney General, and under such regulations as
he may prescribe, deportation proceedings, including issuance of a warrant of
arrest, and a finding of deportability under this section need not be required in
the case of any alien who admits to belonging to a class of aliens who are depart-
able under section 241 if such alien voluntarily departs from the United States
at his own expense, or is removed at Government expense as hereinafter author-
ized, unless the Attorney General has reason to believe that such alien is deport-
able under paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or
(18) of section 241 (a). If any alien who is.authorized to depart voluntarily
under the preceding sentence is financially unable to depart at his own expense
and the Attorney General deems his removal to be in the best interest of the
United States, the expense of such removal may be paid from the appropriation
for the enforcement of this Act.
(c) When a final order of deportation under administrative processes is made
against any alien, the Attorney General shall have a period of six months from
the date of such order, or, if judicial review is had, then from the date of the
final order of the court, within which to effect the alien's departure from the
United States, during which period, at the Attorney General's discretion, the
alien may be detained, released on bond in an amount and containing such
conditions as the Attorney General may prescribe, or released on such other
condition as the Attorney General may prescribe. Any court of competent
jurisdiction shall have authority to review or revise any determination of the
Attorney General concerning detention, release on bond, or other release during
such six-month period upon a conclusive showing in habeas corpus proceedings
that the Attorney General is not proceeding with such reasonable dispatch as
may be warranted by the particular facts and circumstances in the case of any
alien to effect such alien's departure from tbe United States within such si-
month period. If deportation has not been practicable, advisable, or possible,
or departure of the alien from the United States under the order of deportation
has not been effected, within such six-month period, the alien shall become subject
to such further supervision and detention pending eventual deportation aS is
authorized in this section. The Attorney General is hereby authorized and
directed to arrange for appropriate places of detention for those aliens whom
he shall take into custody and detain under this section. Where no Federal
buildings are available or buildings adapted or suitably located for the purpose
are available for rental, the Attorney General is hereby authorized, notwith-
standing section 3709 of the Revised Statutes, as athended (41 U. S. C. 5), or sec-
tion 322 of the Act of June 30, 1932, as amended (40 U. S. C. 278a), to expend,
from the appropriation provided for the administration and enforcement of the
immigration laws, such amounts as may be necessary for the acquisition of land
and the erection, acquisition, maintenance, operation, remodeling, or repair of
buildings, sheds, and office quarters (including living quarters for officers where
none are otherwise available), and adjunct facilities, necessary for the detention
of aliens. For the purposes of this section an order of deportation heretofore
or hereafter entered against an alien in legal detention or confinement, other
than under an immigration process, shall be considered as being made as of the
moment he is released from such detention or confinement, and not prior thereto.
(d) Any alien, against whom a 'final order of deportation as defined in sub-
section (c) heretofore or hereafter issued has been outstanding for more than
six months, shall, pending eventual deportation, be subject to supervision under
-regulations prescribed by the Attorney General. Such regulations shall include
provisions which will require any alien subject to supervision (1) to appear from
time to time before an immigration officer for identification; (2) to submit, if
necessary, to medical and psychiatric examination at the expense of tile United
States; (3) to give information under oath as to his nationality, circumstances,
habits, associations, and activities, and such other information, whether or not
related to the foregoing, as the Attorney General may deem fit and proper; and
(4) to conform to such reasonable written restrictions on his conduct or activities
as are prescribed by the Attorney General in his case. Any alien who shall will-
fully fail to comply with such regulations, or willfully fail to appear or to give
information or submit to medical or psychiatric examination if required, or
knowingly give false information in relation to the requirements of such regu-
lations, or knowingly violate a reasonable restriction imposed upon his conduct
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or activity, shall upon cOnviction be guilty of a felony, and shall be fined not
more than $1,000 or shall be imprisoned not more than one year, or both.
(e) Any alien against whom a final order of deportation is outstanding by
reason of being a member of any of the classes described in paragraphs (4), (5),
(0), (7), (11), (12), (14), (15), (10), (17), or (18) of section 241 (a), who
shall willfully fail or refuse to depart from the United States within a period of
six months from the date of the final order of deportation under administrative
,processes, or, it judicial review is had, then from the date of the final order of the
court, or from the date of the enactment of the Subversive Activities Control
Act of 1950, whichever is the later, or shall willfully fail or refuse to make
timely application in good faith for travel or other documents necessary to his
departure, or who shall connive or conspire, or take any other action, designed
to prevent or hamper or with the purpose of preventing or hampering his de-
parture pursuant to such order of deportation, or who shall willfully fail or
refuse to present himself for deportation at the time and place required by the
Attorney General pursuant to such order of deportation, shall upon conviction be
guilty of a felony, and shall be imprisoned not more than ten years: Provided,
That this subsection shall not make it illegal for any alien to take any proper
steps for the purpose of securing cancellation of or exemption from such order
of deportation or for the purpose of securing his release from incarceration or
custody: Provided further, That the court may for good cause suspend the
sentence of such alien and order his release under such conditions as the court
may prescribe. In determining whether good cause has been shown to justify
releasing the alien, the court shall take into account such factors as (1) the age,
health, and period of detention of the alien; (2) the effect of the alien's release
upon the national security and public peace or safety; (3) the likelihood of the
alien's resuming or following a course of conduct which made or would make
him deportable; (4) the character of the efforts made by such alien himself and
by representatives of the country or countries to which his deportation is directed
to expedite the alien's departure from the United States; (5) the reason for the
inability of the Government of the United States to secure passports, other
travel documents, or deportation facilities from the country or countries to which
the alien has been ordered deported ; am] (6) the eligibility of the alien for dis-
cretionary relief under the immigration laws.
(f) Should the Attorney General find that any alien has unlawfully reentered
the United States after having previously departed or been deported pursuant
to an order of deportation, whether before or after the date of enactment of this
Act, on any ground described in any of the paragraphs enumerated in subsection
(e), the previous order of deportation shall be deemed to be reinstated from
its original date and such alien shall be deported under such previous order at
any time subsequent to such reentry. For the purposes of subsection (e) the
date on which the finding is made that such reinstatement is appropriate shall
be deemed the date of the final order of deportation.
(g) If any alien, subject to supervision or detention under subsections (c) or
(d) of this section, is able to depart from the United States under the order of
deportation, except that he is financially unable to pay his passage, the Attor-
ney General may in his discretion permit such alien to decart voluntarily, and
the, expense of such passage to the country to which hr is destined may be
paid from the appropriation for the enforcement of this Act, unless such pay-
ment is otherwise provided for under this Act.
(h) An alien sentenced to imprisonment shall not be deported until such im-
prisonment has been terminated by the release of the alien from confinement.
Parole, probation, or possibility of rearrest or further confinement in respect of
the same offense shall not be a ground for deferral of deportation.
COUNTRIES TO WHICH ALIENS SHALL PE DEPORTED; COST OF DEPORTAIWN
Sac. 243. (a) The deportation of an alien in the United States provided for
in this Act, or any other Act or treaty, shall be directed by the Attorney General
to a country promptly designated by the alien if that country is willing to accept
him into its territory, unless the Attorney General, in his discretion, concludes
that deportation to such country would be prejudicial to the interests of the
United States. No alien shall be permitted to make more than one such designa-
tion, nor shall any alien designate, TIS the place to which he wishes to be deported,
any foreign territory contiguous to the United States or any island adjacent
thereto or adjacent to the United States unless such alien is a native, citizen,
subject, or national of, or had a residence in such designated foreign contiguous
territory or adjacent island. If the government of the country designated by the
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'alien fad? finally to advise the Attorney General within three months following
original inquiry whether that government will or will not accept such alien
'into its territory, such designation may thereafter be disregarded. Thereupon
,dePortation of such alien shall be directed to any country of which such alien
?is a subject national, or citizen_ if such country is willing to accept him into its
territory. If the government of such country fails finally to advise the Attorney
'Genet al or the alien within three months following the date of original inquiry,
or within such Other period as the Attorney General shall deem reasonable under
the C rcumstances in a particular case, whether that government will or will not
accept such alien into its territory, then such deportation shall be directed by the
Att6.01;::y Gni ii within his discretion and without necessarily giving any priority
or Preference because of their order as herein set forth either?
(1) to the country from which such alien last entered the United States ;
(2) to the country in which is located the foreign port at which such
alien embarked for the United States or for foreign contiguous territory;
(3) to the country in which he was born ;
(4) to the country in which the place of his birth is situated at the time
he is ordered deported;
(5) to any country in which lie resided prior to entering the country
from which he entered the United States ;
(6) to the country winch had sovereignty over the birthplace of the alien
? at the time of his birth; or
(7) if depm tation to any of the foregoing places or countries is imprac-
ticable, inadvisable, or impossible, then to any country which is willing to
,accept such alien into its territory.
(b) if the United States is at war and the deportation, in accordance with
the provisions of subsection (a), of any alien who is deportable under. any law
of the United States shall be found by the Attorney General to be impracticable,
inadvisable, inconvenient, or impossible because of enemy occupation of the
.country from whicb such alien came or wherein is located the foreign port
at which he embarked for the United States or because of reasons connected
with the war, such alien may, in the discretion of the Attorney General, be
deported as follows:
(1) if such alien is a citizen or subject of a country whose recognized
government is in exile, to the country in which is located that government in
exile if that country will penult him to enter its territory; or
(2) If such alien is a citizen or subject of a country whose recognized
government is not in exile, then to a country or any political or territorial
subdivision thereof which is proximate to 'the country of which the alien
is a citlien or subject, or, with the consent of the country of which the alien
is a citizen or subject, to any other country.
(c) If deportation proceedings are instituted at any time within five years
after the entry of the alien for causes existing prior to or at the time of entry,
the cost of removal to the port of deportation shall be at the expense of the
appropriation for the enforcement of this Act, and the deportation from such
port shall be at the expense of the owner or owners of the vessels,- aircraft, or
other transportation lines by which such alien came to the United States, or if
in the opinion of. the Attorney General that is not practicable, at the expense of
the app opriation for the enforcement of this Act ; Provided, That the costs of
the deportation of any alien from such port shall not be assessed against the
owner or owners of the vessels, aircraft, or other transportation lines in the
case of any alien who arrived in possession of a valid une.xpired immigrant visa
and who was inspected and admitted to the 'United States for perrnanent resi-
dence. In the case of an alien crewman, if deportation proceedings are insti-
tuted at any time within five years after the granting of the last conditional
permit to land temporarily under the provisions of section 252, the cost of re-
moval to the port of deportation shall be at the expense of the appropriation
for the enforcement of this Act and the deportation from such port shall be at
the expense of the owner or owners of the vessels or aircraft by which such
alien came to the United States, or if in the opinion of the Attorney General that
is not practicable, at the expense of the appropriation for the enforcement of this
Act.
(d) If deportation proceedings are instituted later than five years after the
entry of the alien, or in the case of an alien crewman later than five years after
the granting of the last conditional permit to land temporarily, the cost thereof
shall be p*able from the appropriation for the enforcement of this Act.
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? (e) A failure or refusal on the part of the master, commanding officer, agent,
-owner, charterer, or consignee of a vessel, aircraft, or other transportation line
to comply with the order of the Attorney General to take on board, guard safely,
and transport to the destination specified any alien ordered to be deported under
the provisions of this Act, or a failure or refusal by any such person to comply
with an order of the Attorney General to pay deportation expenses in accordance
with the requirements of this section, shall be punished by the imposition of a
penalty in the sum and manner prescribed in section 237 (b).
(f) When in the opinion of the Attorney General the mental or physical
condition of an alien being deported is such as to require personal care and
,attendance,-the Attorney General shall, when necessary, employ a suitable person
for that purpose who shall accompany such alien to his final destination, and the
expense incident to such service shall be defrayed in the same manner as the
expense of deporting the accompanied alien is defrayed, and any failure or re-
fusal to defray such expenses shall be punished in the manner prescribed by
subsection (e) of this section.
(g) Upon the notification by the Attorney General that any country upon
request denies or unduly delays acceptance of the return of any alien who is a
national, citizen, subject, or resident thereof, the Secretary of State shall int:truct
consular officers performing their duties in the territory of such country to dis-
continue the issuance of immigrant visas to nationals, citizens, subjects, or
residents of such country, until such time at the Attorney General shall inform
the Secretary of State that such country has accepted such alien.
. (h) The Attorney General is authorized to withhold deportation of any alien
within the United States to any country in which in his opinion the alien would
be subject to physical persecution and for such period of time as he deems to
be necessary for such reason.
SUSPENSION OF DEPORTATION; VOLUNTARY DEPART U RE
SE-c. 244. (a) As hereinafter prescribed in this section, the Attorney General
may, in his discretion, suspend deportation and adjust the status to that of an
alien lawfully admitted for permanent residence, in the case of an alien w.to--
(1) applies to the Attorney General within five years after the effective
date of this Act for suspension of deportation; last entered the United
States more than two years Prior to the date of enactment of this Act; is
deportable under any law of the United States and is not a member of a
class of aliens whose deportation could not have been suspended by reason
o section 19 (d) of the Immigration Act of 1917, as amended ;- and has been
physically present in tile United States for a continuous period of not iess.
than seven years immediately preceding the date of such application,- and
proves that during all of such-period he was and is a person of good moral
character ; and is a _person whose deportation would, in the opinion of the
Attorney G.enera.1, result in exception and extremely unusual hardship to
the alien or to his spouse, parent or child, who is a citizen or an alien lawfully
admitted for permanent residence; or
(2) last entered the United States within two years prior to or at any
time after the date of enactment of this Act; is deportable under any law
of the United States solely for an act committed or status existing prior
to or at the time of such entry into the United States and is not within the
provisions of paragraph (4) of this subsection ; was possessed of all of tee
requisite documents at the time of such entry into the United States ; has
been physically present in the United States for a continuous period of not
less than five years immediately preceding his application under this para-
graph, and proves that during all of such period he has been and is a person
of good moral character; has not been served with a final order of deporta-
tion issued pursuant to this Act in deportation proceedings up to the time of
applying to the Attorney General for suspension of deportation ; and is a
person whose deportation would, in the opinion of the Attorney General,
result in exceptional and extremely unusual hardship to the alien or to his
spouse, parent, or child, who is a citizen of an alien lawfully admitted for
POTDDID Nit residence ; or
(3) last entered the United States within two years prior to, or at any
time after the date of enactment of this Act; is. deportable under any law
Of. the United States for an act committed or status acquired, subsequent
to such entry into the United States and is not within the provisions of
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paragraph (4) or (5) of this subsection; was possessed of all the requisite
documents at the time of such entry into the United States; has been physi-
cally present in the United States for a continuous period of not less than
five years immediately following the commission of an act, or the assump-
tion of a status, constituting a ground for deportation, and proves that
during all of such period he has been and is a person of good moral char-
acter; has not been served with a final order of deportation issued pursuant
to this Act in deportation proceedings up to the time of applying to the
Attorney General for suspension of deportation; and is a person whose
deportation would, in the opinion of the Attorney General, result in excep-
tional and extremely unusual hardship to the alien or to his spouse, parent,
or child, who is a citizen or an alien lawfully admitted for permanent resi-
dence; or
(4) last entered the United States within two years prior to, or at any
time after the date of enactment of this Act; is deportable under paragraph
(1) of section 241 (a) insofar as it relates to criminals, prostitutes, or other
immoral persons, subversives, violators of narcotic laws and similar classes
or under paragraph (2) of section 241 (a), as a person who entered the
United States without inspection or at a time or place other than as desig-
nated by the Attorney General, or without the proper documents and is not
within the provisions of paragraph (5) of this subsection; has been physi-
cally present in the United States for a continuous period of not less than
ten years after such entry and immediately preceding his application under
this paragraph and proves that during all of such period he has been and is a
person of good moral character; has not been served with a final order of
deportation issued pursuant to this Act in deportation proceedings up to the
time of applying to the Attorney General for suspension of deportation; and
Is a person whose deportation would, in the opinion of the Attorney General,
result in exceptional and extremely unusual hardship to the alien or to his
spouse, parent, or child, who is a citizen or an alien lawfully admitted for
permanent residence; or
(5) is deportable under paragraph (4), (5), (6), (7), (11), (12), (14),
(15), (16), (17) or (18) of section 241 (a) for an act committed or status
acquired subsequent to such entry into the United States or having last
entered the United States within two years prior to, or at any time after
the date of enactment of this Act, is deportable under paragraph (2) of
section 241 (a) as a person who has remained longer in the United States
than the period for which he-was admitted; has been physically present in
the United States for a continuous period of not less than ten years imme-
diately following the commission of an act, or the assumption of a status,
constituting a ground for deportation, and proves that during all of such
period he has been and is a person of good ramal character; has not been
served with a final- order of deportation issued'imrsuant to this Act in
deportation proceedings up to the time of applying to the Attorney General
for suspension of deportation; and is a person whose i;teportation would,
in the opinion of the Attorney General, result in exceptional and extremely
unusual hardship to the alien or to his spouse, parent, or child, who is a
citizen or an alien lawfully admitted for permanent residence.
(b) Upon application by any alien who is found by the Attorney General
to meet the requirements of paragraph (1), (2), or (3) of subsection (a) of
this section, the Attorney General may in his discretion suspend deportation
of such alien. If the deportation of any alien is suspended under the provisions
of this subsection, a complete and detailed statement of the facts and pertinent
provisions of law in the case shall be reported to the Congress with the reasons
for such suspension. Such reports shall be submitted on the first and fifteenth
day of each calendar month in which Congress is in session. If during the
session of the Congress at which a case is reported, or, prior to the close of
the session of tile Congress next following the session at which a case is re-
ported, either the Senate or the House of Representatives passes a resolution
stating in substance that it does not favor the suspension of such deportation,
the Attorney General shall thereupon deport such alien or authorize the alien's
voluntary departure at his own expense under the order of deportation in the
manner provided by law. If neither the Senate nor the House of Representa-
tives shall, within the time above specified, pass such a resolution, the Attorney
General shall cancel deportation proceedings. The provisions of this subsection
relating to the granting of suspension of deportation shall not be applicable to
any alien who is a native of any country contiguous to the United States or
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of any adjacent island, unless he establishes to the satisfaCtion of the Attorney
General that he is ineligible to obtain a nonquota immigrant visa.
(c) Upon application by any alien who is found by the Attorney General to
meet the requirements of paragraph (4) or (5) of subsection (a) of this section,
the Attorney General may in his discretion suspend deportation of such alien.
If the deportation of any alien is suspended under the provisions of this sub-
section, a complete and detailed statement of the facts and pertinent provisions
of law in the ease shall be reported to the Congress with the reasons for such
suspension. Such reports shall be submitted on the first and fifteenth day
of each calendar month in which Congress is in session. If during the session
of the Congress at which a case is reported, or, prior to the close of the session
of the Congress next following the sessicn at which a case is reported, the Con-
gress passes a concurrent resolution slating in substance that it favors the
suspension of such deportation, the Attorney General shall cancel deportation
proceedings. If within the time above specified the Congress does not pass such .
a concurrent resolution, or if either the Senate or House of Representatives
passes a resolution stating in substance that it does not favor the suspension
of the deportation of such alien, the Attorney General shall thereupon deport
such alien in the manner provided by law.
(d) Upon the cancellation of deportation in the case of any alien under this
section, the Attorney General shall record the alien's -lawful admission for per-
manent residence as of the date the cancellation of deportation of such alien is
made, and the Secretary of State shall, if the alien was classifiable as a quota im-
migrant at the time of entry and was not charged to the appropriate quota,
reduce by one the quota of the quota area to which the alien is chargeable under
section 202 for the fiscal year then current at the time of cancellation or the next
following year in which a quota is available. No quota shall be so reduced
by more than 50 per centum in any fiscal year.
(e) The Attorney General may, in his discretion, permit any alien under
deportation proceedings, other than an alien within the provisions of paragraph
(4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241 (a),
(and also any alien within the purview of such paragraphs if he is also within
the provisions of paragraph (4) or (5) of subsection (a) of this section), to
depart voluntarily from the United States at his own expense in lieu of depor-
tation if such alien shall establish to the satisfaction of the Attorney General that
he is, and has been, a person of good moral character for at least 5 years
inunediately preceding his application for voluntary departure under this sub-
section.
ADJUSTMENT OE sTATus OF NONIMMIRANT TO THAT OF PERSON ADMITTED
?FOR PERMANENT RESIDENCE
SEC. 245. (a) The status of nit alien who was lawfully admitted to the United
States as a bona ..P.'ae nonimmigrant and who is continuing to maintain that
status may he adjusted by the Attorney General in his discretion (under such
regulations ,as he may prescribe ? to insure the application of this paragraph
solely to the cases of aliens who entered the United States in good faith as nonim-
migrants) to that of an alien lawfully admitted for permanent residence as a
quota immigrant or as a nonquota immigrant under section 101 (a) (27) (A),
if (1) the alien makes application for adjustment, (2) the alien is admissible to
the United Status for permanent residence under this Act, (3) a quota or non-
quota immigrant visa was immediately available to him at the time of his applica-
tion for adjustment, (4) a quota or nonquota immigrant visa is immediately
available to him at the time his application is approved, and (5) if claiming .a
nonquota status under section 101 (a) (27) (A) he has been in the United States
for at least one year prior to acquiring that status. A quota immigrant visa shall
be considered immediately available for the purposes of this subsection only if
the portion of the quota to which the alien is chargeable is undersubscribed by
applicants registered on a consular waiting list. Any alien who shall file an
application for adjustment of his status under this section shall thereby termi-
nate his nonimmigrant status.
(b) Upon the approval of an application for adjustment made under subsec-
tion (a), the Attorney General shall record the alien's lawful admission for per-
manent residence as of the date the order of the Attorney General approving the
application for the adjustment of status is made, and the Secretary of State shall
reduce by one the quota of the quota area to which the alien is chargeable under
section 202 for the fiscal year eminent at the time such adjustment is made.
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IMMIGRATION AND NATIONALITY ACT
RESCISSION OF ADJUSTMENT OF STATUS
SEC. 246. (a) If, at any time within five years after the status of a person has;
been adjusted under the provisions of section 244 of this Act or under section
10 (c) of the Immfgration Act of February 5, 1917, to that of an alien lawfully
admitted for permanent residence, it shall appear to the satisfaction of the.
Attorney General that the person was not in fact eligible for such adjustment
of status, the Attorney General shall submit to the Congress a complete and de-
tailed .statement of the facts and pertinent provisions of law in the case. Such
reports shall be submitted on the first and fifteenth day of each calendar month
in which Congress is in session. If during the session of the Congress at which
a case is reported, or prior to the close of the session of the Congress next follow-
ing the session at which a case is reported, the Congress passes a concurrent reso-
lution withdrawing suspension of deportation, the person shall thereupon be
sub ect to all provisions of this Act to the same extent as if the adjustment of
status had not been made. If, at any time within five years after the status of a
person has been otherwise adjusted under the provisions of section 245 or 249 of
this Act or any other provision of law to that of an alien lawfully admitted for
permanent residence, it shall appear to the satisfaction of the Attorney General
that the person was not in fact eligible for such adjustment of status, the Attor-
ney General shall rescind the action taken granting an adjustment of status to
such person and cancelling deportation in the case of such person if that occurred
and the person shall thereupon be subject to all provisions of this Act to the
same extent as if the adjustment of status had not been made.
(b) Any person who has become a naturalized citizen of the United States upon_
the basis of a record of a lawful admission for permanent residence, created as
a result of an adjustment of status for which such person was not in fact eligible,
and which is subsequently rescinded under subsection (a) of this section, shall
be subject to the provisions of section 340 of this Act as a person whose naturali-
zation was procured by concealment of a material fact or by willful misrepre-
sentation.
? ADJUSTMENT OF STATUS OF CMTAIN RESIDENT ALIENS TO NONIMMIGRANT STATUS
SEC. 247. (a.) The status of an alien lawfully admitted for permanent resi-
dence shall be adjusted by the Attorney General, under such regulations as he
may 'prescribe, to that of a nonimmigrant under paragraph (15) (A), (15) (E),
or (15) (G) of section 101 (a), if such alien had at the time of entry or Subse-
quently acquires an occupational status which would, if he were seeking admis-
sion to the United States, entitle him to a nonimmigrant status under such
sections. As of the date of the Attorney General's order making such adjustment
of status, the Attorney General shall cancel the record-,of the alien's admission
for permanent residence, and the immigrant status of suctialien shall thereby be
terminated.
(b) The adjustment of status required by subsection (a) sti.q1 not be appli-
cable in the case of any alien who requests that he be permitted 'Io retain his.
status as an immigrant and who, in such form as the Attorney General may
require, executes and files with the Attorney General d written waiver of all
rights, privileges, exemptions, and immunities under any law or any executive.
order which would otherwise accrue to him because of the acquisition of an
occupational status entitling him to a nonimmigrant status under paragraph
(15) (A), (1,5) (E), or (15) (G) of section 101 (a).
CHANGE OF NONIMMIGRANT CLASSIFICATION
SEC. 248. The Attorney General may, under such conditions as he may pre-
scribe, authorize a change from any nonimmigrant classification to any other
nonimmigrant classification in the case of any alien lawfully admitted to the
United States as a nonimmigrant who is continuing to maintain that status, except
an alien classified as a nonimmigrant under paragraph 15 (D) of section 101 (a),.
or an alien classified as a nonimmigrant under paragraph (15) (C) of section
101 (a) unless he applies to have his classification changed from a classification
under paragraph (15) (C) to a classification under paragraph (15) (A) or
(15) (G) of section 101 (a).
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IRECORD OF ADMISSION FOR PERMANENT RESIDENCE IN TIIE CASE OF CERTAIN ALIENS
WHO ENTERED- THE UNITED STATES PRIOR TO JULY 1, 1024
? SEC. 249. (a) A record of lawful idmission for permanent residence may, in the
discretion of the Attorney General and under such regulations as he may pre-
:scribe, be made in the case of any alien, if no such record is otherwise available
;and such alien shall satisfy the Attorney General that he--
(1) entered the United States prior to July 1, 1924;
(2) has had his residence in the United States continuously since such
entry;
(3) is a person of good moral character;
(4) is not subject to deportation; and
(5) is not ineligible to citizenship.
(I)) An alien in respect of whom a record of admission has been made as
;authorized by subsection (a), shall be deemed to have been lawfully admitted
.to the United States for permanent residence as of the date Of his entry prior
to July 1, 1924.
REMOVAT, OF ALIENS WHO HAVE FATIEN INTO DISTRESS
-SEC. 250. The Attorney General may remove from the United States any alien
.who falls into distress or who needs public aid from causes 'arising subsequent
to his entry, and is desirous of b.?ing so removed, to the native country of such
lien, or to the country from winch he came, or to the country of which he is a
,citizen or subject, or to any other country to which he wishes- to go and which
will receive him, at the expense of the appropriation for the enforcement of this
.Act. Any alien so removed shall be ineligible to apply for or receive a visa or
other documentation for readmission, or to apply for admission to the United
:States except with the prior approval of the Attorney General.
.CHAerra G----SeEctAL PuovisioNs RELATING TO ALIEN CREWMEN
:LISTS OF ALIEN CREWMEN; REPORTS OF ILLEGAL LANDINGS
SEC. 251. (a) Upon arrival of any vessel or aircraft in the United States from
any place outside the United States it shall be the duty of the owner, agent,. con-
signee, master, or commanding officer thereof to deliver to an immigration officer
:at the port of arrival -(1) a complete, true, and correct list containing the names
,of all aliens employed on such vessel or aircraft, Um positions they respectively
'hold in the crew of the vessel or aircraft, when and where they were respectively
?shipped or engaged, and those to be paid off or discharged in the port of arrival;
or (2) in the discretion of the Attorney General, such a list containing so much
of such information, or such additional or supplemental information, as the
Attorney General shalt be regulations prescribe. In the case of a vessel engaged
- solely in traffic on the Great Lakes, Saint Lawrence liver, and connecting water-
ways, such lists shall be furnished at such times as the Attorney General may
require.
,Lb) It shall be the duty of any owner, agent, consignee, master, or commanding
Officer of any vessel or aircraft to report to an immigration officer, in writing,
as soon as discovered, all eases in which any alien crewman has illegally landed
in the United -States from the vessel or aircraft, together with a description of
,such alien and any information likely to lead to his apprehension.
(c) Before the departure of any vessel or aircraft from any port in the United
'States, it shall be the duty of the owner, agent; consignee, master, or commanding
officer thereof, to deliver to an immigration officer at that port (1) a list con-
taming the names of all alien employees who were not employed thereon at the
time of the arrival at that port but who will leave such port thereon at the time
of the departure of such vessel or aircraft and the names of those,. If any, who
have been paid off or discharged, and of those, if any, who have deserted or
landed at that port, or (2) in the discretion of the Attorney General, such a list
-containing so much of such information, or such additional or supplemental
information, as the Attorney General shall by regulations prescribe. In the case
of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River,
:and connecting waterways, such lists shall be furnished at such times as the
Attorney General may require.
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54 IMMIGRATION AND NATIONALITY ACT
(d) In case any owner, agent, consignee, master, or commanding officer shall
fail to deliver complete, true, and correct lists or reports of aliens, or to report
cases of desertion or landing, as required by subsections (a), (b), and (c), such
owner, agent, consignee, master, or commanding officer, shall, if required by the
Attorney General, pay to the collector of customs of any customs district in which
the vessel or aircraft may at any time be found the sum of $10 for each alien
concerning whom such lists are not delivered or such reports are not made as
required in the preceding subsections. No such vessel or aircraft shall be
granted clearance from any port at which it arrives pending the determination
of the question of the liability to the payment of such fine, and if such fine is
imposed, while it remains unpaid. No such fine shall be remitted or refunded.
Clearance may be granted prior to the determination of such question upon
deposit of a bond or a sum sufficient to cover such fine.
(e) The Attorney General is authorized to prescribe by regulations the cir-
cumstances under which a vessel or aircraft shall be deemed to be arriving in,
or departing from the United States or any port thereof within the meaning of
any provision of this chapter.
CONDITIONAL PERMITS TO LAND TEMPORARILY
SEC. 252. (a) No alien crewman shall be permitted to land temporarily in the
United States except as provided in this section, section 212 (d) (3), section 212
(d) (5), and section 253. If an immigration officer finds upon examination that
an alien crewman is a nonimmigrant under paragraph (15) (D) of section 1M.
(a) and is otherwise admissible and has agreed to accept such permit, he may,
In his discretion, grant the crewman a conditional permit to land temporarily
pursuant to regulations prescribed by the Attorney General, subject to revoca-
tion in subsequent proceedings as provided in subsection (b), and for a period
of time, in any event, not to exceed?
(1) the period of time (not exceeding twenty-nine days) during which
the vessel or aircraft on which he arrived remains in pert, if the immigra-
tion officer is satisfied that the crewman intends to depart on the vessel or
aircraft on which he arrived; or
(2) twenty-nine days, if the immigration officer is satisfied that the
crewman intends to depart, within the period for which he is permitted to
land, on a vessel or aircraft other than the one on which he arrived.
(b) Pursuant to regulations prescribed by the Attorney General, any immigra-
tion officer may, in his discretion, if he determines that an alien is not a bona
fide crewman, or does not intend to depart on the vessel or aircraft which brought
him, revoke the conditional permit to land which Was granted such crewman
under the provisions of subsection (a) (1), take such crewman into custody,
and require the master or commanding officer of the vessel or aircraft on which
the crewman arrived to receive and detain him on board such vessel or aircraft,
If practicable, and such crewman shall be deported from the United States at
the expense of the transportation line which brought him to the United States.
Until such alien is so deported, any expenses of his detention shall be borne by
such transportation company. Nothing in this section shall be construed to
require the procedure prescribed in section 242 of this Act to cases falling Within
the provisions of this subsection.
(c) Any alien crewman who willfully remains in the United States in excess
of the number of days allowed in any conditional permit issued under subsection
(a) shall be guilty of a misdemeanor. and upon conviction thereof shall be
fined not more than $500 or shall be imprisoned for not more than six months,
or both.
HOSPITAL TREATMENT OF ALIEN CREW MEN AFFLICTED WITII CERTAIN DISEASES
SEC. 253. An alien crewman, including an alien crewman ineligible for a con-
ditional permit to land under section 252 (a), who is found on arrival in a
port of the United States to be afflicted with any of the disabilities or diseases
mentioned in section 255, shall be placed in a hospital designq ted by the immigra-
tion officer in charge at the port of arrival and treated, all expenses connected
therewith, including burial in the event of death, to be borne by the owner, agent,
consignee, coml.-handing officer, or master of the vessel or aircraft, and not to
be deducted from the crewman's wages. No such vessel or aircraft shall be
granted clearance until such expenses are paid, or their payment appropriately
guaranteed, and the collector of customs is so notified by the immigration officer
In charge. An alien crewman suspected of being afflicted with any such dis-
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IMMIGRATION AND NATIONALITY ACT 55
ability or disease may be removed from the vessel or aircraft on which lie arrived
to an immigration station, or other appropriate place, for such observation as
will enable the examining surgeons to determine definitely whether or not he
is so afflicted, all expenses connected therewith to be borne in the manner
hereinbefore prescribed. In cases in which it appears to the satisiaction of
the immigration officer in charge that it will not be possible within a reasonable
time to effect a cure, the return of the alien crewman shall be enforced on, or
at the expense of, the transportation line on which he came, upon such conditions
as the Attorney GOneral shall prescribe, to insure that the alien shall be properly
cared for and protected, and that the spread of contagion shall be guarded against.
CONTROL OF ALIEN CREWMEN
SEC. 254. (a) The owner, agent, consignee, charterer, master, or command-
ing officer of any vessel or aircraft arriving in the United States from any
place outside thereof who fails (1) to detain on board the vessel, or in the case
of an aircraft to detain at a place specified by an immigration officer at the
expense of the airline, any alien crewman employed thereon until an immigra-
tion officer has COD tpletely inspected such alien crewman, including a physical
examination by the medical examiner, or (2) to detain any alien crewman on
board the vessel, or in the case of an aircraft at a place specified by an immi-
gration officer at the expense of the airline, after such inspection unless a con-
ditional permit to land temporarily has been granted such alien crewman under
'section 252 or unless an alien crewman has been permitted to land temporarily
under section 212 (d) (5) or 253 for medical or hospital treatment, or (3) to
_deport such alien crewman if required to do so by an immigration officer, whether
such deportation requirement is imposed before or after the crewman is per-
mitted to land temporarily under section 212 (d) (5), 252, or 253, shall pay to
the collector of customs of the customs district in which the port of arrival is
located or in which the failure to comply with the orders of the officer occurs the
sum of $1,000 for each alien crewman in respect of whom any such failure
occurs. No such vessel or aircraft shall be granted clearance pending the de-
termination of the liability to the payment of such fine, or while the fine remains
unpaid, except that clearance may be granted prior to the determination of
such question upon the deposit of a sum sufficient to cover such fine, or of a
bond with sufficient- surety to secure the payment thereof approved by the
collector of customs. The Attorney General may, upon application in writing
therefor, mitigate such penalty to not less than $200 for each alien crewman
in respect of whom such failure occurs, upon such terms as he shall think
proper.
(b) Except as may be otherwise prescribed by regulations issued by the
Attorney General, proof that an alien crewman did not appear upon the outgoing
manifest of the vessel or aircraft on which he arrived in the United Stat es from
any place outside thereof, or that he was reported by the master or commanding
officer of such vessel or aircra ft as a deserter, shall be prima facie evidence of a
failure to detain or deport such alien crewman.
(c) If the Attorney General finds that deportation of an alien crewman under
tlds section on the vessel or aircraft on which he arrived- is impracticable or -
impossible, or would cause undue hardship to such alien crewman, he may
cause the alien crewman to be deported from the port of arrival or any other
port on another vessel or aircraft of the same transportation line, unless the
Attorney General finds this to be impracticable. All expenses incurred in con--
nection with such deportation, including expenses incurred in transferring an _
alien crewman from one place in the United States to another under suck
conditions and safeguards as the Attorney General shall impose, shall be paid
by the owner or owners of the vessel or aircraft on which the alien arrived in
the United States. The vessel or aircraft on which the alien arrived shall not -
be granted clearance until such expenses have been paid or their payment
guaranteed, to the satisfaction of. the Attorney General. An alien crewman who
is transferred within the United Slates in accordance with this subsection shall
not be regarded as having been landed in the United States.
EMPLOYMENT ON PASSENGER VESSELS OF ALIENS Am.-torED wrru CERTAIN -
DISABILITIES
SEC. 255. It shall be unlawful for any vessel or aircraft carrying passengers
between a port of the United States and a port outside thereof to have employed
on board upon arrival in the United States any alien afflicted with feeble-minded- ?
ness, insanity, epilepsy, tuberculosis in any form, leprosy, or any dangerous con-
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56 IMMIGRATION AND NATIONALITY ACT
tagious disease. If it appears to the satisfaction of the Attorney General, from an
examination made by a medical officer of the United States Public Health Service,
and is so certified by such officer, that any such alien was so afflicted at the time
he was shipped or engaged and taken on board such vessel or aircraft and that
the existence of such affliction might have been detected by means of a competent
medical examination at such time, the owner, commanding officer, agent, con-,
signee, or master thereof shall pay for each alien so afflicted to the collector of
Customs of the customs district in which the port of arirval is located the sum
of $50. No vessel or aircraft shall be granted clearance pending the determina-
tion of the question of the liability to the payment of such sums, or while such
sums remain unpaid, except that clearance may be granted prior to the deter-
mination of such question upon the deposit of an amount sufficient to cover
such sums or of a bond approved by the collector of customs with sufficient
surety to secure the payment thereof. Any such fine may, in the discretion of
the Attorney General, be mitigated or remitted.
DISCHARGE OF ALIEN CREWMEN
SEC. 256. It shall be unlawful for an person, including the owner, agent, con-
signee, charterer, master, or commanding officer of any vessel or aircraft, to pay
off or discharge any alien crewman, except an alien lawfully admitted for perma-
nent residence, employed on board a vessel or aircraft arriving in the United
States without first having obtained the consent of the Attorney General. If it
shall appear to the satisfaction of the Attorney General that any alien crewman
has been paid off or discharged in the United States in violation of the provisions
of this section, such owner, agent, consignee, charterer, master, commanding
officer, or other person, shall pay to the collector of customs of the customs
district in which the violation occurred the sum of $1,000 for each such violation.
No vessel or aircraft shall be granted clearance pending the determination of the
question of the liability to the payment of such sums, or while such sums remain
unpaid, except that clearance may be granted prior to the determination of such
question upon the deposit of an amount sufficient to cover such sums, or of a bond
approved by the collector of customs with sufficient surety to secure the payment
thereof. Such fine may, in the discretion of the Attorney General, be mitigated
to not less than $500 for each violation, upon such terms as he shall think proper.
BRINGING ALIEN CREWMEN INTO UNITED STATES WITH INTENT TO EVADE
IMMIGRATION LAWS
SEC. 257. Any person, including the owner, agent, consignee, master, or com-
manding officer of any vessel or aircraft arriving in the United States from any
place outside thereof, who shall knowingly sign on the vessel's artieles, or bring to
the United States as one of the crew of such vessel or aircraft, any alien, with
intent to permit or assist such alien to enter or land in the United States in
violation of law, or who shall falsely and knowingly represent to a consular
officer at the time of application for visa, or to the immigration officer at the
port of arrival in the United States, that such alien is a bona fide member of
the crew employed in any capacity regularly required for normal operation and
services aboard such vessel or aircraft, shall be liable to a penalty not exceeding
$5,000 for each such violation, for which sum such vessel or aircraft shall be
liable and may be seized and proceeded against by way of libel in any district
court of the United States having jurisdiction of the offense.
CHAPTER 7-REGISTRATION OF ALIENS
ALIENS SEEKING ENTRY INTO THE UNITED STATES
SEc. 261, No visa shall be issued to any alien seeking to enter the United
States until such alien has been registered and fingerprinted in accordance with
section 221 (b), unless such alien has been exempted from being fingerprinted
as provided in that section.
REGISTRATION OF ALIENS IN THE UNITED STATES
SEc. 262. ( a) It shall be the duty of every alien now or hereafter in the United
States, who (1) is fourteen years of age or older, (2) has not been registered
and fingerprinted under section 221 (b) of this Act or section 30 or 31 of the
Alien Registration Act, 1940, and (3) remains in the United States for thirty
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or
days or longer, to apply for registration and to be fingerprinted before the expira-
tion of such thirty days.
? (b) It shall be the duty of every parent or legal guardian of any alien now
or hereafter in the United States, who (1) is less than fourteen years of age,
(2) has not been registered under section 221 (b) of this Act or section 30 or
31 of the Alien Registration Act, 1940, and (3) remains in the United States
for thirty days or longer, to apply for the registration of such alien before the.
expiration of such thirty days. Whenever any alien attains his fourteenth
birthday .in the United States he shall, within thirty days thereafter, apply in
? person for registration and to be fingerprinted.
PROVISIONS GOVERNING REGISTRATION OF .SPECIAL GROUPS
? Sae. 263. (a) Notwithstanding the provisions of sections 201 and 262, the
Attorney General is authorized to prescribe special regulations and forms for the
registration and fingerprinting of (1) alien crewmen, (2) holders of border-
crossing identification cards, (3) aliens confined in institutions within the
United States, (4) aliens under order of deportation, and (5) aliens of any other
%class not lawfully admitted to the United States for permanent residence.
(b) The provisions of section 262 and of this section shall not he applicable
to any alien who is in the United States as a nonimmigrant under section 101
(a) (15) (A) or 101 (a) (15) (G) until the alien ceases to be entitled to such
a nonimmigrant status,
FORMS AND PROCEDURE
SEC. 264. (a) The Attorney General and the Secretary of State jointly are
authorized and directed to prepare forms for the registration and fingerprinting
of aliens under section 261 of this title, and the Attorney General is authorized
and directed to prepare forms for the registration and fingerprinting of aliens
under section 262 of this title. Such forms shall contain inquiries with respect
to (1) the date and place of entry of the alien into the United States; (2) activi-
ties in which he has been and intends to be engaged; (3) the length of time he
expects to remain in the United States; (4) the police and criminal record, if
any, of such alien; and (5) such additional matters as may be prescribed.
(b) All registration and fingerprint records made under the provisions of
this title shall be confidential, and shall be made available only to such persons
or agencies as may be designated by the Attorney. General.
(c) Every person required to apply for the registration of himself or another
under ads title shall submit under oath the information required for such
registration. Any .person authorized under regulations issued by the Attorney
General to register aliens under this title shall be authorized to administer oaths
for such purpose. ?
(d) Every alien in the United States who has been registered and fingerprinted
under the provisions of the Alien Registration Act, 1940, or under the provisions
of this Act shall be issued a certificate of alien registration or an alien registra-
tion receipt card in such form and manner and at such time as shall be prescribed
under regulations issued by the Attorney General.
(e) Every alien, eighteen years of age and over, shall at all times carry with
him and have in his personal possession any certificate of alien registration or
alien registration receipt card issued to him pursuant to subsection (d). Any
? alien who fails to comply with the provisions of this subsection shall be guilty
of a misdemeanor and shall upon conviction for each offense be fined not to
exceed $100 or be imprisoned not more than thirty days, or both.
NOTICES OF CHANGE OF ADDRESS
SEC. 265. Every alien required to be registered under this title, or who was
.required to be registered under the Alien Registration Act, 1940, as amended,
who is within the United States on the first day of January following the effec-
tive date of this Act, or on the first day of January of each succeeding year shall,
within thirty days following such dates, notify the Attorney General in writing
of his current address and furnish such additional information as may by regu-
lations be required by the Attorney General. Any such alien shall likewise notify
the Attorney General in writing of each change of address and new address
within ten days from the date of such change. Any such alien who is tempo-
rarily absent from the United States on the first day of January following the
effective date of this Act, or on the first clay of January of any succeeding year
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08 IMIVIIGHATIO.N AND NATIONALITY ACT
shall furnish his current address and other information as required by this
section within ten days after his return. Any such alien in the United States
in a lawful temporary residence status shall in like manner also netify the
.Attorney General in writing of his address at the expiration of each three-month
period during which he remains in the United States, regardless of whether there
has been any change of address. In the case of an alien for whom a parent or
legal guardian is required to apply for registration, the notice required by this
section shall be given by such parent or legal guardian.
PENALTIES
SEC. 266. (a) Any alien required to apply for registration and to be finger-
printed in the United States who willfully fails or refuses to make such applica-
tion or to be fingerprinted, and any parent or legal guardian required to apply
for the registration of any alien who willfully fails or refuses to file appli-
cation for the registration of such alien shall be guilty of a misdemeanor and
shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not
more than six months, or both.
(b) Any alien or any parent or legal guardian in the United States of any
alien who fails to give written notice to the Attorney General, as required by sec-
tion 205 of this title, shall be guilty of a misdemeanor and shall, upon conviction
thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or
both. Irrespective of whether an alien is convicted and punished as herein pro-
vided, any alien who fails to give written notice to the Attorney General, as re-
quired by section 265, shall be taken into custody and deported in the.inanner
provided by chapter 5 of this title, unless such alien establishes to the satisfaction
of the Attorney General that such failure was reasonably excusable or was not
willful.
(c) Any alien or any parent or legal guardian of any alien, who files an appli-
cation for registration containing statements known by him to be false, or who
procures or attempts to procure registration of himself or another person through
-fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be
-fined not to exceed $1,000, or be imprisoned not more than six months, or both;
and any alien so convicted shall, upon the warrant of the Attorney General, be
taken into custody and be deported in the manner provided in chapter 5 of this
title.
(d) Any person who with unlawful intent photographs, prints, or in any other
:manner makes, or executes; any engraving, photograph, print, or impression in
the likeness of any certificate of alien registration or an alien registration receipt
card or any colorable imitation thereof, except when and as authorized under
such rules and regulations as may be prescribed by the Attorney General, shall
upon conviction be fined not to exceed $5,000 or be imprisoned not more than
five years, or both.
CHAPTER 8?GENERAL PENALTY PROVISION'S
PREVENTION OF UNAUTHORIZED LANDING OF ALIENS ? "
SEC. 271. (a) It shall be the duty of every person, including the owners, mas-
ters, officers, and agents of vessels, aircraft, transportation lines, or international
bridges or toll roads, other than transportation lines which may enter into a
-contract as provided in section 238, bringing an alien to, or providing a means
for an alien to come to, the United States (including an alien crewman -whose
case is not covered by section 254 (a) ) to prevent the landing of such alien in the
United States at a port of entry other than as designated by the Attorney Gen-
eral or at any time or place other than as designated by the immigration officers.
Any such person, owner, master, officer, or agent who fails to comply with .the
'foregoing requirements shall be liable to a penalty to be imposed by the Attorney
_General of $1,000 for each such violation, which may, in the discretion of the
Attorney General, be remitted or mitigated by him in aceordance with such
proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon
the vessel or aircraft .whose owner, master, officer, or agent violates the provi-
sions of this section, and such vessel or aircraft may be libeled -therefor in the
-appropriate United States court.
(b) Proof that the alien failed to present himself at the I ime and place desig-
nated by the immigration officers shall he prima facie evidence that such alien
has landed in the United States at a time or place other than as designated by
the lint nigra thin officers.
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-itte
BRINGING IN ALIENS SUBJECT TO DISABILITY OR AFFLICTED WITTE DISEASE
SEC. 272. (a) Any person who shall bring to the United States an alien (other
than an alien crewman) who is (1) feeble-minded, (2) insane, (3) an epileptic,
(4) afflicted with'psycopathic personality, (5) a chronic alcoholic, (6) afflicted
with tuberculosis in any form, (7) afflicted with leprosy or any dangerous con-
tagious disease, or (8) a narcotic drug addict, shall pay to the collector of cus-
toms of the customs district in which the place of arrival is located for each and
every alien so afflicted, the SUM of $1,000 unless (1) the alien was in possession
of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the
United States, or (3) the alien was in possession of a valid unexpired nonimmi-
grant visa or other document authorizing such alien to apply for temporary
admission to the United States or an unexpired reentry permit issued to him,
and (A) such application was made within one hundred and twenty days of the
date of issuance of the visa or other document, or in the ease of an alien in,
possession of a reentry permit, within one hundred and twenty days of the date
?on which the alien was last examined and admitted by the Service, or (B) in
the event the application was made later than one hundred and twenty days of
the date of issuance of the visa or other document or such examination and
.admission, if such person establishes to the satisfaction of the Attorney General
that the existence of such disease or disability? could not have been detected by
the exercise of due diligence prior to the alien's embarkation.
(b) Any person who shall bring to tile United States an alien (other than
an alien crewman) afflicted with any mental defect other than those enumerated
in subsection (a) of this section, or any physical defect of a, nature which may
affect his ability to earn a living, as provided in section 212 (a) (7), shall pay
- to the collector of customs of the customs district in which the place of arrival
is located for each and every alien so affilicted, the sum of $250, unless (1)
the alien was in possession of a valid, unexpired immigrant visa, or (2) the
alien was allowed to land in the United States, or (3) the alien was in possession
of a valid unexpired nonimmigrant visa or other document authorizing such
alien to apply for temporary admission to the United States or an unexpired
reentry permit issued to him, and (A) such application was made within one
hundred and twenty days of the date of issuance of the visa or other document, or
in the case of an alien in possession of a reentry permit, within one hundred and
twenty days of the date on which the alien was last examined and admitted. by
the Service, or (B) in the event the application was made later than one hundred
and twenty days of the date of issuance of the visa or other document or such
examination and admission, if such person 'establishes to the satisfaction of tile
Attorney General that the existence of such disease or disability could not have
been detected by the exercise of due diligence prior to the alien's embarkation.
(c) No vessel or aircraft shall be granted Clearance papers mending determina-
tion of the question of liability to the payment of any fine under this section, or
while the fines remain unpaid, nor shall such fines be remit ted or refunded; but
clearance may be granted prior to the determination oi such question upon the
deposit of a sum sufficient to cover such fines or of a bond with sufficient surety
to secure the payment thereof, approved by the collector of customs.
(d) Nothing contained in this section shall be construed to subject transporta-
tion companies to a ?fine for bringing to ports of entry in the United States aliens
who are entitled by law to exemption from the excluding provisions- of section
212 (a).
(e) As used in this section, the term "person" means the owner, master, agent,
commanding officer, charterer, or consignee of any vessel or aircraft.
UNLAWFUL BRINGING OF ALIENS INTO UNITED STATES
SEC. 273. (a) It shall be unlawful for any person, including any transportation
company, or the owner, master, commanding officer, agent, charterer, or con-
signee of any vessel or aircraft, to bring to the United States from any place out-
side thereof (other than from foreign contiguous territory) any alien who does
not have an unexpired visa, if a visa was required under this Act or regulations
issued thereunder.
(b) If it appears to the satisfaction of the Attorney General that any alien
has been so brought, such person, or transportation company, or the master,
commanding officer, agent, owner, 'charterer, or consignee of any such vessel
or aircraft, shall pay to the collector of customs - of the customs district in
which the port of arrival is located the sum of $1,000 for each alien so brought
and, except in the case of any such alien who is admitted, or permitted to land
temporarily, in addition, a sum equal to that paid by such alien for his trans-
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portation from the initial point of departure, indicated in his ticket, to the
port of arrival, such latter sum to be .delivered by the collector of customs to,
the alien on whose account the assessment is made. No vessel or aircraft
shall be granted clearance pending the determination of the liability to the
payment of such sums or while such sums remain unpaid, except that clearance
may be granted prior to the determination of such question upon the deposit
of an amount sufficient to cover such sums, or of a bond with sufficient surety
to secure the payment thereof approved by the collector of customs.
(c) Such sums shall not be remitted or refunded, unless it appears to the
satisfaction of the Attorney General that such person, and the owner, master,.
commanding officer, agent, charterer, and consignee of the .vessel or aircraft,
Prior to the departure of the vessel or aircraft from the last port outside the
United States, did not know, and could not have ascertained by the exercise
of reasonable diligence, that the individual transported was an alien and that
a visa was required.
(d) The owner, charterer, agent, consignee, Commanding officer, or master of
any vessel or aircraft arriving at the United States from any place outside
thereof who fails to detain on board or at such other place as may b designated
by an immigration officer any alien stowaway until such stowaway has been
inspected by an immigration officer, or who fails to detain such stowaway on
board or at such other designated place after inspection if ordered to do so by
an immigration officer, or who fails to deport such stowaway on the vessel or
aircraft on which he arrived or on another vessel or aircraft at the expense of
the vessel or aircraft on which he arrived when required to do so by an immigra-
tion officer, shall pay to the collector of customs of the customs district in which
the port of arrival is located the sum of $1,000 for each alien stowaway, in,
respect of whom any such failure occurs. Pending final determination of
liability for such fine, no such vessel or aircraft shall be granted clearance,
except that clearance may be granted upon the deposit of a sum, sufficient to?
cover such fine, or of a bond with sufficient surety to secure the payment thereof'
approved by the collector of customs. The provisions of section 235 for detention
of aliens for examination before special inquiry officers and the right of appeal
provided for in section 230 shall not apply to aliens who arrive as stowaways and
no such alien ,shall be permitted to land in the United States, except temporarily
for medical treatnwnt, or pursuant to such regulations as the Attorney General
may prescribe for the ultimate departure or removal or deportation of such alien
from the United States.
BRINGING IN AND HARBORING CERTAIN ALIENS
SEC. 274. (a) Any person, including the owner, operator, pilot, master, com-
manding officer, agent, or consignee of any means of transportation who--
(1) brings into or lands in the United States, by any means of transporta-
tion or otherwise, or attempts, by himself or through another, to bring?
into or land in the United States, by any means of transportation or other-- '
wise ;
(2) knowing that he is in the United States in violation of law, and know-
ing or having reasonable grounds to believe that his last entry into the
United States occurred less than three years prior thereto, transpOrts, Or
moves, or attempts to trair port or move, within the United States by means
of transportation or othenv.se, in furtherance of such violation of law;
(3) willfully or knowingly conceals, harbors, or shields from detection, or
attempts to conceal, harbor, or shield from detection, in any place, including
any building or any means of transportation; or
(4) willfully or knowingly encourages or induces, or attempts to encourage'
or induce, either directly or indirectly, the entry into United States of--
any alien, including an alien crewman, not duly admitted by an immigration
officer or not lawfully entitled to enter or reside within the United States under?
the terms of this Act or any other law relating to the immigration or expulsion
of aliens, shall be . guilty of a felony, and upon conviction thereof shall be
punished by a fine not exceeding $2,000 or by imprisonment for a term not
exceeding five years, or both, for each alien in respect to whom any violation of.
this subsection occurs: Provided, however, That for the purposes of this section,
employment (including the usual and normal practices incident to employment)
shall not be deemed to constitute harboring.
(b) No officer or person shall have authority to make any arrest for a viola-
tion of any provision of this section except officers and employees of the Service,
designated by the Attorney General, either individually or as a member of w
class, and all other officers whose duty it is to enforce criminal laws.
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61
1.
-ENTRY OF ALIEN AT IMPROPER TIME OR PLACE; MISREPRESENTATION AND CONCEAL'
MENT OF FACTS
SEC. 275. Any alien who (1) enters the United States at any time or place
-other than as designated by immigration officers, or (2) eludes examination or
Inspection by immigration officers, or (8) obtains entry to the United States by a
willfully false or misleading representation or the willful concealment of a mate-
rial fact, shall, for the first commission of any offenses, be guilty of a misde-
meanor and upon conviction thereof be punished by imprisonment for not more
than six months, or by a fine of not more than $500,.or by both, and for a subse-
quent commission of any such offenses shall be guilty of a felony and upon
-conviction thereof shall be punished by imprisonment for not more than two
years, or by a fine of not more than $1,000, or both.
REENTRY OF DEPORTED ALIEN
SEC. 276. Any alien .who--
(1) has been arrested and deported or excluded and deported, and
thereafter
(2) enters, attempts to enter, or is at any time found In, the United
States, unless (A) prior to his reembarkation at a place outside the United
States or his application for admission from foreign contiguous territory,
the Attorney General has expressly consented to such alien's reapplying for
admission; or (B) with respect to an alien previously excluded and deported,
unless such alien shall establish that he was not required to obtain such
advance consent under this or any prior Act,
shall be guilty of a felony, and upon conviction thereof, be punished by imprison-
ment of not more than two years, or by a fine of not more than $1,000, or both.
AIDING OR ASSISTING SUBVERSIVE ALIEN TO ENTER THE UNITED STATES
SEc. 277. Any person who knowingly aids or assists any alien excludable under
section 212 (a) (27), (28), or (29) to enter the United States, or who connives
or conspires with any person or persons to allow, procure, or permit any such
alien to enter the United States, shall be guilty of a felony, and upon conviction.
thereof shall be punished by a fine of not more than $5,000 or by imprisonment
for not more than five years, or both, ? ?
IMPORTATION OF ALIEN FOR IMMORAL PURPOSES
SEC. 278. The importation into the United States of any alien for the purpose
of prostitution, or for any other immoral purpose, is hereby forbidden. Whoever
Shall, directly or indirectly, import, or attempt to import into the United States
any alien for the purpose of prostitution or for any other immoral purpose, or
shall hold or attempt to hold any alien for any such purpose in pursuance of
such illegal importation, or shall keep, maintain, control, support, employ, or
harbor in any house or other place, for the purpose of prostitution or for any
other immoral purpose, any alien, in pursuance of such illegal importation,
Shall, in every such case, be guilty of a felony and upon conviction thereof shall
be punished by. a fine of not more than $5,000 and by imprisonment for a term
of not more than ten years. - The trial and punishment of offenses under this
section may be in any ? district to or into which such alien is brought in pur-
suance of importation by the person or persons accused, or in any district in
which a violation of any of the provisions of this section occurs. In all prosecu-
tions under this section, the testimony of a husband or wife shall be admissible
and competent evidence against each other.
JURISDICTION OF DISTRICT COURTS
SEC. 279. The district courts of the United States shall have jurisdiction of
all -causes, civil and criminal, arising under any of the provisions of this title.
It shall be the duty of the United States attorney of-the proper district to prose-
cute every such suit when brought by the United States. Notwithstanding any
other law, suckprosecutions or suits may be instituted at any place in the United
States at which the violation may. occur or at which the pprson charged with a
violation under section 275 or 276 may be apprehended. No suit or proceeding
for a violation of any of the provisions of this title shall be settled, compromised,
or discontinued without the consent of the court in which it is pending and any
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Such settlement, compromise, or discontinuance shall be entered of record with
the reasons therefor,
COLLECTION OF PENALTIES AND EXPENSES
SEC. 280. Notwithstanding any other provisions of this title, the withholding
or denial of clearance of or a lien upon any vessel or aircraft provided for in
Section 231, 237, 239, 243, 251, 253, 254, 255, 256, 271, 272, or 273 of this title shall
not be regarded as the sole and exclusive means or remedy for the enforcement
Of payments of any fine, penalty or expenses imposed or incurred under such
sections, but, in the discretion of the Attorney General, the amount thereof may
be recovered by civil suit, in the name of the United States, from any person made
liable under any of such sections.
CH APT ER 9-11 isei4a.LA N EOUS
SCHEDULE OF FEES
SEC. 281. The following fees shall be charged:
(1) For the furnishing and verification of each application for an immi-
grant visa (which shall include the furnishing and verification of the
duplicate), $5;
(2) For the issuance of each immigrant visa, $20;
(3) For the issuance of each extension of a reentry permit, $10;
(4). For the filing of each application for adjustment of status under
sections 245 and 248, for the creation of a record of admission for permanent
residence under section 249, or for suspension of deportation, $25 ;
(5) For the issuance of each extension of stay to noninunigrants, other.
than nonimmigrants described in section 101 (a) (15) (F) and, upon a basis
of reciprocity, the nonimmigrants described in section 101 (a) (15) (A) (iii)
or 101 (a) (15) (G) (v), $10;
(6) For filing with the Attorney General of each petition under sections
204 (b), 205 (b), and 214 (c),$10; and
(7) For apni?oval of each application for, including issuance of each
certificate of, admission to practice as attorney or representative before
the Service, pursuant to such regulations as may be prescribed by the
Attorney General, $25.
The fees for the furnishing and verification of applications for visas by non-
immigrants of each foreign country and for the issuance of visas to nonimmi-
grants of each foreign country shall be prescribed by the Secretary of State in
amounts corresponding, as nearly as practicable, to the total of all similar visa,
entry, residence, or other fees, taxes, or charges assessed or levied against na-
tionals of the United States by the foreign countries of which such nonimmi-
grants are nationals or stateless residents: Provided, That nonimmigrant visas
Issued to aliens coming to the United States in transit to and from the head-
quarters of the United Nations in accordance with the provisions of the Head-
quarters Agreement shall be gratis.
PRINTING OF REENTRY PERMITS AND BLA NE FOR MS OF MAN SEE ST S AND CREW ttsTs
SEC. 282. (a) Reentry permits issued under section 223 shall be printed on
distinctive safety paper and shall be prepared and issued under regulations
prescribed by the Attorney General.
(h) The Public Printer is authorized to print for sale to the public by the
Superintendent of Documents, upon prepayment, copies of blank forms of mani-
fests and crew lists and such other forms as may be prescribed and authorized
by the Attorney General to be sold pursuant to the provisions of this title.
TRAVEL EXPENSES AND EXPENSE OF TRAN SPORTING REMAINS OF OFFICERS AND
EMPLOYEES wno Dm OUTSIDE THE UNITED STATES
SEC. 283. When officers, inspectors, or other employees of the Service are
ordered to perform duties in a foreign country, or are transferred from one
Station to another, in the United States or in a foreign country, or while perform- .
ing duties in any foreign country become eligible for voluntary retirement and
return to the United States, they shall be allowed their traveling expenses
In accordance with such regulations as the Attorney General may deem advisable,
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I ?
and they may also be allowed. within the disciTticm and ander written orders
of the Attorney General, the expenses incurred for the transfer of their wives.
and dependent children, their household effects and other personal property,
including the expenses for packing, crating, freight, unpacking, temporary stor-
Agp, and drayage thereof in .accordance with the Act of August 2, 1946.. (60 Stat.
80(1 ; 5 U. S. C., sec. 73b. -1). The expense of transporting the remains of such
officers, inspectors, or other employees who die while in, or In transit to, a foreign.
country in the discharge of their official duties to their former homes in this
country for interment, anti the ordinary and necessary expenses of such in-
terment and of preparation for shipment, are authorized to be paid on the
written order of the Attorney General.
MEMBERS OF TUE ARMED FORCES
SEC. 284. Nothing contained in this title shall be construed so as to limit, re-
strict, deny, or affect the coming into or -departure from the United States of an
alien member of the Armed Forces of the United States who is in the uniform
Of, or who bears documents identifying him as a member of, such Armed Forces,
anti who is coining to or departing from the United States under official Orders
or permit of such Armed Forces : Provided, That nothing contained in this section
shall be construed to give to or confer upon any such alien any other privileges,
rights, benefits, exemptions, or immunities under this Act, which are not other-
wise specifically granted by the Act.
DISPOSAL OF PRIVILEGES AT IMMIGRANT STATIONS
Sze. 285. (a) Subject to such conditions and limitations as the Attorney General
shall prescribe, all exclusive privileges of exchanging money, transporting passen-
gers or baggage, keeping eating houses, or other like privileges in connection
with any United States immigrant station, shall be disposed of to the lowest
responsible and capable bidder (other tlnin an alien) in accordance with the
provisions of section 3709 of the Revised Statutes, as amended (41 U. S. C. 5),
and for the use of Government property in connection with the exercise of such
exclusive privileges a reasonable rental may be charged. The feeding of aliens,
or the furnishing of any other necessary service in connection with any United
States immigrant station, may be performed by the Service without regard to the
foregoing provisions of this subsection if the Attorney General shall find that it
would be advantageous to the Government in terms of economy and efficiency.
No intoxicating liquors shall be sold at any immigrant station.
(b) Such articles determined by the Attorney General to be necessary to the
health and welfare of aliens detained at any immigrant station, when not other-
wise readily procurable by such aliens, may be sold at reasonable prices to such
aliens through Government canteens operated by the Service, under such condi-
tions and limitations as the Attorney General shall prescribe.
(c) All rentals or other receipts accruing from the disposal of privileges, and
all moneys arising from the sale of articles through Service-operated canteens,
authorized by this section, shall be covered into the Treasury to the credit of the
appropriation for the enforcement of this title.
DISPOSITION OF MONEYS COLLECTED UNDER TIM PROVISIONS OF
THIS TITLE
SEC. 286. (a). All moneys paid into the Treasury to reimburse the Service for
detention, transportation, hospitalization, and all other expenses of detained
aliens paid from the appropriation for the enforcement of this Act, and all
moneys paid into the Treasury to reimburse the Service for expenses of land-
ing stations referred to in section 238 (c) paid by the Service from the appro-
priation for the enforcement of this Act, shall he credited to the appropriation
for the enforcement of this Act for the fiscal year in which the expenses were
incurred.
(b) Except as otherwise provided in subsection (a), or in any other provision
of this title, all moneys received in payment of fees and administrative fines and
penalties under this title shall be covered into the Treasury as miscellaneous
receipts: Provided, however, That all fees received from applicants residing in
the Virgin Islands of the United States, and in Guam, required to be paid Under
section 281, shall be paid over to the Treasury of the Virgin Islands and to the,
Treasury of Guam, respectively.
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TOWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.
. SEG. 287. (a) Any officer or employee of the Service authorized tinder regu-
lations prescribed by the Attorney General shall have power without warrant?
(1) to interrogate any alien or person believed to be an alien as to his
right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering.or attempt-
ing to enter the United States in violation of any law or regulation made in
pursuance of law regulating the admission, exclusion, or expulsion of aliens,,.. -
or to arrest any alien in the United 'States, if he has reason to believe that
the alien so arrested is in the United States in violation of any such law or
regulation and is likely to escape before a warrant can be obtained for his
arrest, but the alien arrested shall be taken without unnecessary delay for
examination before an officer of the Service having authority to examine
aliens as to their fight to enter or remain in the United States:
(3)- within a reasonable distance from any external, boundary of the.
United States, to board and search for aliens any vessel within the terri-
torial waters of the United States and any railway car, aircraft, conveyance?
or vehicle, and within a distance of twenty-five miles from any such external,
boundary to have access to?private lands, but not dwellings, for the purpose
of patrolling the border to prevent the illegal entry of aliens into the United
States ; and.
(4) to make arrests for felonies which have been committed and which
are cognizable under any law of the United States regulating the admission,
exclusion, or expulsion of aliens, if he has reason to believe that the person
so arrested is guilty of such felony and if there is likelihood of the person
escaping before a warrant can be obtained for his arrest, but the perSon.
arrested shall be taken Without unnecessary delay before the nearest avail-
able officer empowered to commit persons charged with offenses against the
laws of the United States. Any such employee shall also have the power
to execute any warrant or other process issued by any officer under any law
regulating the admission, exclusion, or expulsion of aliens. ?
(b) Any officer or employee of the Service designated by the Attorney General,,
whether individually or as one of a class, shall have power and 'authority to
administer oaths and to take and consider evidence concerning the privilege. of
any person to enter, reenter, pass through, or reside in the United -States, or
concerning any matter which is material or relevant to the enforcement of this
Act and the administration of the Service; and any person to whom such oath
has been administered, under the provisions of this Act, who shall knowingly or
willfully give false evidence or swear to any false statement concerning any
matter referred to in this subsection shall be guilty of perjury and shall be
punished as provided by section 1621, title 18, United States Code.
(c) Any officer or employee of the Service authorized and designated under
regulations prescribed by the Attorney General, whether individually or as one
of a class, shall have power to conduct a search, without warrant, of the person,
and of the personal effects in the possession of any person seeking admission to
the United States, concerning whom such officer or employee may have reason-,
able cause to suspect that grounds exist for exclusion from the United States
under this Act which would be disclosed by such search.
LOCAL JURISDICTION OVER IMMIGRANT STATIONS
- SEC. 288. The officers n charge of the various immigrant stations shall admit
therein the proper State and local officers charged with the enforcement of the
laws of the State or Territory of the United States in which any such immigrant
station is located in order that such State and local officers may preserve the
peace and make arrests for crimes under the laws of the States and Territories.
For the purpose of this section the jurisdiction of such State and local officers
and of the State and local courts shall extend over such immigrant stations.
AMERICAN INDIANS BORN IN CANADA
SEG. 289. Nothing in this title shall be construed to affect the right of American
Indians born in Canada to pass the borders of the United States, but such right
shall extend only to persons who possess at least 50 per centum of blood of the
American Indian race.
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. CENTRAL FILE; INFORMATION raom OTHER DEPARTMENTS AND AGENCIES
SEC. 290. There hall be established in the office of the Commissioner, for the use
of the security and enforcement agencies of the Government of the -United
States, a central index, which shall contain the names of all aliens heretofore
admitted to the United States, or excluded therefrom, insofar as such informa-
tion is available from the existing records of the Service, and the names of all
aliens hereafter admitted to the United States, or excluded therefrom, the names
of their sponsors of record, if any, and such other relevant information as the
Attorney General shall require as an aid to the proper enforcement of this Act.
(b) Any information ih any records kept by any department or agency of the
Government as to the identity and location of aliens in the United States shall be
made available to the Service upon request made by the Attorney General to the
head of any such department or agency.
(c) The Federal Security Administrator shall notify the Attorney General
upon request whenever any alien is issued a social security account number
and social security card. The Administrator shall also furnish such available
information as may be requested by the Attorney General regarding the identity
and location of aliens in the UnitedStates.
(d) A written certification signed by the Attorney General or by any officer of
the Service designated by the Attorney General to make such certification, that
after diligent search no record or entry of a specified nature is found to exist in
the records of the Service, shall be admissible as evidence in any proceeding RR
evidence that the records of the Service contain no such record or entry, and
shall have the same effect as the testimony of a witness given in open court,
BURDEN OF PROOF
SEC. 291. Whenever any person makes application for a visa or any other dem-
znent required for entry, Or makes application for admission, or otherwise at-
tempts to enter the United Sates, the burden of proof be upon such nerson
to establish that he is eligible to receive sack visa or such ducument, or is not
subject to exclusion under any provision of this Act, and, if an alien, that he is
entitled to the nonimmigrant, quota immigrant, or nonquota immigrant status
claimed,'a s the case-may be. If such person fails to establish to the satisfaction
of the consular officer that he is eligible to receive a visa or other docriment
required for entry, no visa or other document required for entry shall be issued
to such person, nor shall such person be admitted to the United States unless
he establishes to the satisfaction of the Attorney General that he is not subject
to exclusion under any provision of this Act. In any deportation proceeding
..under chapter 5 against any person, the burden of proof shall be upon such person
to show- the time, place, and manner of his entry into the United States, but in
presenting such proof he shall be entitled to the production of his visa or other
entry document, if any, and of any other documents and records, not considered
by the Attorney General to be confidential, pertaining to such entry in the custody
of the Service. If such burden of proof is not sustained, such person shall be
presumed to be in the United States in violation of law.
RIGHT TO COUNSEL
SEC. 292. In any exclusion or deportation proceedings before a special inquiry
officer and in any appeal proceedings before the Attorney General from any such
exclusion or deportation proceedings, the person Concerned shall have the privi-
lege of being represented (at no expense to the Government) by such counsel,
authorized to practice in such proceedings, as he shall choose.
TITLE III?NATIONALITY AND NATURALIZATION
CHAPTER 1?NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
SEC. 301. (a) The following shall be nationals and citizens of the United States
at birth:
(1) a person born in the United States, and subject to the jurisdiction
thereof;
(2) a person born in the United States to be a member of an Indian,
Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of
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66 IMMIGRATION AND NATIONALITY ACT
citizenship under this subsection shall not in any manner impair or other-
wise affect the right of such person to tribal or other property;
(3) a person born outside of the United States and its outlying posses-
sions of parents both of whom are citizens of the United States and one of
whom has had a residence in the United States or one of its outlying posses-
sions, prior to the birth of such person;
(4) a person born outs:de of the United States and its outlying posses-
sions of parents one of whom is a citizen of the United States who has been
physically present in the United States or one of its outlying possessions for
a continuous period of one year prior to the birth of such person, and the
other of whoni is a national, but not a citizen of the United States;
(5) a person born in an outlying possession of the United States of
parents one of whom is a citizen of the United States who has been physically
present in the United States or one of its outlying possessions for a con-
tinuous period of one year at any time prior to the birth of such person;
(6) a person of unknown parentage found in the United States while
under the age of five years, until shown, prior to his attaining the age of
twenty-one years, not to have been born in the United States;
(7) a person born outside the geographical limits of the United States and
Its outlying possessions of parents one of whom is an alien, and the other
a citizen of the United States who, prior to the bIrth of such person, was
physically present in the :United States or its outlying possessions for a
period or periods totaling not less than ten years, at least five of which
were after attaining the age of fourteen years: Provided, That any periods
of honorable service in the Armed Fo:?ces of the United States by such
citizen parent may be included in computing the physical presence require-
ments of this paragraph.
(b) Any person who is a national and citizen of the United States at birth
under paragraph (7) of subsection (a), shall lose his nationality and citizen-
ship unless he shall come to the United States prior to attaining the age of
twenty-three years and shall immediately following any such coming be con-
tinuously physically present in the United States for at least five years: Provided,
That such physical presence follows the attaimnent of the age of fourteen years
and precedes the age of twenty-eight years.
(c) Subsection (b) shall apply to a person born abroad subsequent to May
24, 1034: Provided, however, That nothing contained in th's subsection shall be
construed to alter or affect the citizenship of any person born abroad subsequent
to May 24, 1934, who, prior to the effective date of this Act, has taken up a resi-
dence in the United States before attaining the age of sixteen years, and there-
after, whether before or after the effective date of this Act, complies or shall
comply with the residence requirements for retention of citizenship specified
In subsections (g) and (h) of section 201 of the Nationality Act of 1940, as
amended.
PERSONS BORN IN PUERTO RICO ON OR AFTER APRIL 11, 1899
SEC. 302. All persons born in Puerto Rico on or after April 11, 1890, and prior
to January 13, 1941, subject to the jurisdiction of the United States, residing
on January 13, 1941, in Puerto Rico or other territory over which the United
States exercises rights of sovereignty and not citizens of the United States under
any other Act, are hereby declared to be citizens of the United States as of
January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941,
and subject to the jurisdiction of the United States, are citizens of the United
States at birth.
PERSONS BORN IN THE CANAL ZONE OR REPUBLIC OF PANAMA ON OR AFTER FEBRUARY
26, 1904
Six. 303. (a) Any person born in the Canal Zone on or after February 26, 1904,
and whether before or after the effective date of this Act:whose father or mother
or both at the time of the birth of such person was or is a citizen of the United
States, is declared to be a citizen of the United States.
(b) Any person born in the Republic of Panama on or after February 26, 1904,
and whether before or after the effective date of this Act, whose father or mother
or both at the time of the birth of such person was or is a citizen of the :United
States employed by the Government of the United States or by the Panama Rail-
read Company, or its successor in title, is declared to be a citizen of the United
States.
or'
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t.
PERSONS BORN IN ALASKA ON OR AFTER MARCH 30, 18_07
, SEC. 304. A person born in Alaska on or after March 30, 1867, except a non-
citizen Indian, is a citizen of the United States at birth. A noncitizen Indian
born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared
to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska
on or after June 2, 1924, is a citizen of the United States at birth.
rEssoNs BORN IN HAWAII
SEc. 305. A person born in Hawaii on or after August 12, 1898, and before April
30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A
person born in Hawaii on or after April 30, 1900, is a citizen of the United States
at birth. A person who was a citizen of the Republic of Hawaii on August 12,
1898, is declared to be a citizen of the United States as of April 30, 1900.
PERSONS LIVING IN AND BORN IN THE VIRGIN ISLANDS
SEC. 306. (a) The following persons and their children born subsequent to
January 17, 1917, and prior to February 25, 1027, are declared to be citizens of
the United States as of February 25, 1027:
(1) All former Danish citizens who, on January 17, 1917, resided in the
Virgin Islands of the United States, and were residing in those islands or in
the United States or Puerto Rico on February 25, 1927, and who did not make
the declaration required to? preserve their Danish citizenship by article 6
of the treaty entered into on August 4, 1016, between the United States and
Denmark, or who, having made such a declaration have heretofore renounced
or may hereafter renounce it by a declaration before a court of record;
(2) All natives of the Virgin Islands of the United States who, on January
17, 1917, resided in those islands, and were residing in those islands or in the
United States or Puerto Rico on February 25, 1927, and who were not on Feb-
ruary 25, 1927, citizens or subjects of any foreign country;
(3) All natives of the Virgin Islands of the United States who, on January 17,
1917, resided in the United States, and were residing in those islands on
February 25, 1927, and who were not on February 25, 1927, citizens or subjects
of any foreign country; and
(4) All natives of the Virgin Islands of the United States who, on June 28,
1932, were residing in continental United States, the Virgin Islands of the
United States, Puerto Rico, the Canal Zone, or any other insular possession or
territory of the United States, and who, on June 28, 1932, were not citizens or
subjects of any foreign country, regardless of their place of residence on
January 17, 1917.
(b) All persons born in the Virgin Islands of the United States on or after
January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction
of the United States are declared to be citizens of the United States as of
February 25; 1927; and all persons born in those islands on or after February
25, 1927, and subject to the jurisdiction of the United States, are declared to be
citizens of the United States at birth.
PERSONS LIVING IN AND BORN IN GUAM
SEC. 307. (a) The following persons, and their children born after April 11,
1819, are declared to be citizens of the United States as of August 1, 1950, if
they were residing on August 1, 1950, on the island of Guam or other territory
over which the United States exercises rights of sovereignty:
(1) All inhabitants of the island of Guam on April 11, 1899, including those
temporarily absent from the island on that date, who were Spanish subjects,
who after that date continued to reside in Guam or other territory over which
the United States exercises sovereignty, and who have taken no affirmative
steps to preserve or acquire foreign nationality; and
(2) All persons born in the island of Guam who resided in Guam on April
11. 1899. including those 1:Inport:rily r,.sent L'om ho is'and (m that date,
who after that (late continued to reside in Guam or other tu.Titory over which
the United States exercises sovereignty, and who have taken no affirmative
steps to preserve or acquire foreign nationality.
(b) All persons born in the island of Guam on or after April 11, 1899 (whether
before or after August 1, 1950) subiect to the jurisdiction of the United States,
are hereby declared to be citizens of the United States: Provided, That in the
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case of any person born before August 1, 1950, he has taken no affirmative steps
to preserve or acquire foreign nationality.
(c) Any person hereinbefore described who is a citizen or national of a
country other than the United States and desires to retain his present political
status shall have made, prior to August 1, 1952, a declaration under oath of
such desire, said declaration to be in form and executed in the manner prescribed
by regulations. From and after the making of such a declaration any such
person shall be held not to be a national of the United States by virtue of this
Act.
NATIONALS BUT NOT CITIZENS OF THE TJNITED STATES AT BIRTH
SEC. 308. Unless otherwise provided in section 301 of this title, the follow-
ing shall be nationals, but not citizens, of the United States at birth:
(1) A person born in an outlying Possession of the United States on or after
the date of formal acquisition of such possession;
(2) A person born outside the United States and its outlying possessions of
parents both of whom are nationals, lint not citizens, of the United States, and
have had a residence in the United States, or one of its out,ying possessions
prior to the birth of such person; and
(3) A person of unknown parentage found in an outlying possession of the
United States while under the age of five years, until shown, prior to his attain-
ing the age of twenty-one years, not to have been born in such outlying possession.
CHILDREN BORN OUT OF WEDLOCK
SEC. 309: (a) The provisions of paragraphs (3), (4), (5), and (7) of section
301 (a), and of paragraph (2) of section 308, of this title shall apply as of the
date of birth to a child born out of wedlock on or after the effective date of
this Act, if the paternity of such child is established while such child Is under
the age of twenty-one years by legitimation.
(b) Except as otherwise provided in section 405, the provisions of section 301
(a) (7) shall apply to a child born out of wedlock on or after January 13, 1941,
and prior to the effective date of this Act, as of the date of birth, if the paternity
of such child is established before or after the effective date of this Act and
while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person
born, on or after the effective date of this Act, outside the United States and
out of wedlock shall be held to have acquired at birth the nationality status
of his mother, if the mother had the nationality of the United States at the
time of such person's birth, and if the mother had previously been physically
present in the United States or one of its outlying possessions for a continuous
period of one year.
CHAPTER 2?NATIONALITY THROUGH NATURALIZATION
JURISDICTION TO NATURALIZE
,SEC. 310. (a) Exclusive jurisdiction to naturalize persons as citizens of the
United States is hereby conferred upon the following specified courts: District
courts of the United States now existing, or Which may hereafter be established
by Congress in any State, District Courts of the United States for the Territories
Of Hawaii and Alaska, and for the District of Columbia and, for Puerto Rico,
the District Court of the Virgin Islands of the United States, and the District
Court of Guam; also all courts of record in any State or Territory now exist-
ing, or which may hereafter be created, having a seal, a clerk, and jurisdiction
in actions at law or equity, or law and equity, in which the amount in contro-
versy is unlimited. The jurisdiction of all the courts herein specified to natural-
ize persons shall extend only to such persons resident within the respective
jurisdiction of such courts, except as otherwise specifically provided in this title.
(b) A person who petitions for naturalization in any State court having .
naturalization jurisdiction may petition within the State judicial district or
State judicial circuit in which he resides, whether or not he resides within the
county in which the petition for naturalization is filed.
(c) The courts herein specified, upon request of the clerks of such courts,, shall
be furnished from time to time by the Attorney General with such blank forms
as may be required in naturalization proceedings.
(d) A person May be naturalized as a citizen of the United States in the manner
and under the conditions prescribed in this title, and not otherwise.
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ELIGIBILITY FOR NATURALIZATION
SEC. 311. The right of person to become a naturalized citizen of the United
'States shall not be denied or abridged because of race or sex or because such
person is married. Notwithstanding section 405 (b), this section shall apply
to any person whose petition for naturalization shall hereafter be filed, or shall
have been pending on the effective date of this Act.
REQUIREMENTS AS TO UNDERSTANDING THE. ENGLISH LANGUAGE, HISTORY, PRINCIPLES,
AND FORM OF GOVERNMENT OF TUE UNITED STATES
SEC. 312. No person except as otherwise provided in this title shall hereafter
be naturalized as a citizen of the United States upon his own petition who can-
xiot demonstrate?
(1) an understanding of the English language, including an ability to
read, write, and speak words in ordinary usage in the English language:
Provided, That this requirement shall not apply to any person physically
:unable to comply therewith, if otherwise qualified to be naturalized, or to
any person who, on the effective date of this Act, is over fifty years of age
;and has been living in the United States for periods totaling at least
twenty years: Provided further, That the requirements of this section re-
lating to ability to read and write s.hall be met if the applicant can read or
*write simple words and phrases to the end that a reasonable test of his
literacy shall be made and that no extraordinary or unreasonable condition
shall be imposed upon the applicant; and
(2) a knowledge and understanding of the fundamentals of the history,
and of the principles and form of government, of the United States.
PROHIBITION UPON THE NATURALIZATION OF PERSONS OPPOSED TO GOVERNMENT OR
LAW, OR WHO FAVOR TOTALITARIAN FORMS OF GOVERNMENT
-SEC. 313. (a) Notwithstanding the provisions of section 405 (b), no person
'Shall hereafter be naturalized as a citizen of the United States?
(1) who advocates or teaches, or who is a member of or affiliated with any
-organization that advocates or teaches, opposition to all organized govern-
ment; or
(2) who is a member of or affiliated with (A) the Communist Party of
the United States ; (B) any other totalitarian party of the United States;
(C) the Communist Political Association; (D) the Communist or other
totalitarian party or any State of the United States, of any foreign state,
or of any political or geographical subdivision of any foreign state; (E)
:any section, subsidiary, branch, affiliate, or subdivision of any such .asso-
,ciation or party; (F) the direct predecessors or successors of any such
.organization or party, regardless of what name such group or organization
may have used, may now bear, or may hereafter adopt; (G) who, regardless
of whether he is within any of the other provisions of this section, is a
:member of or affiliated with any Communis&action organization during the
time it is registered or required to be registered under the provisions of
section .7 of the -Subversive Activities Control Act of 1950; or (H) who,
regardless of whether he is within any of the other provisions of this section,
is a member of or affiliated with any Communist-front organization during
'the time it is registered or required to be registered under section 7 of the
Subversive Activities Control Act of 1950, unless such alien establishes
that he did not have knowledge or reason to believe at the time he became
a member of or affiliated with such an organization (and did not thereafter
:and prior to the date upon which such organization was so registered or so
required to be registered have such knowledge or reason to believe) that
;such organization was a Communist-front organization; or
(3) who, although not within any of the other provisions of this section,
-advocates the economic, international, and governmental doctrines of world
communism or the establishment in the United States of a totalitarian
,dictatorship, or who is a member of or affiliated with any organization
that advocates the economic', international, and governmental doctrines of
world communism or the establishment in the United States of a totali-
tarian dictatorship, either through its own utterance's or through any
written or printed publications issued or published by or with the permis-
sion or consent of or under authority of such organization or paid for by
the funds of such organization; or
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(4) who advocates or teaches or who is a member of or affiliated with
any organization that advocates or teaches (A) the overthrow by force or
violence or other unconstitutional means of the Government of the Unitedi
States or of all forms of law; or (B) the duty, necessity, or propriety Of
the unlawful assaulting or killing of any officer or officers (either of specific.
Individuals or of officers generally) of the Government of the United States-
or of any other organized government because of his or their -official char
acter ; or (C)- the unlawful damage, injury, or destruction of property;
or (D) -sabotage; or
(5) who writes or publishes or causes to be written or published, or who,
knowingly circulates, distributes, prints, or displays, or knowingly causes
to be circulated, distributed, printed, published, or displayed, or who know-
inglY has in his possession for the purpose of circulation, publication, dig:-
tribution, or display, any written or printed matter, advocating or teaching
opposition to all organized government, or advocating (A) the overthrow-
by force, violence, or other unconstitutional means of the Government of the
United States or of all forms of law ; or (B) the duty, necessity, or propriety
of the unlawful assaulting or killing of any officer or officers (either of spe-
cific individuals or of officers generally) of the Government of the United'
States or of any other organized government, because of his or their official
character; or (C) the unlawful damage, injury, or destruction of property ;-
or (D) sabotage; or (E) the economic, international, and governmental
doctrines of world communism or the establishment in the, United States-
? ? of a totalitarian dictatorship; or
(G) who is a member of or affiliated with any organization that writes,
circulates, distributes, prints, publishes, or displays, or causes to be written;
circulated, distributed, printed, published, or displayed, or that has in its-
possession for the purpose of circulation, distribution, publication, issue, or
display, any written or printed matter of the character described in Sail
paragraph (5).
(b) Ttie provisions of this section or of any other section of this Act shall'
not be conStrued as declaring that any of the organizations referred to in this
section or in any other section of this Act do not advocate the overthrow of the
Government of the United States by force, violence, or other unconstitutional'
means.
(c) The provisions of this section shall be applicable to any applicant for
naturalization who at any time within a period of ten years immediately preced-
ing the filing of the petition for naturalization or after such filing and before-
taking the final oath of citizenship is, or has been found to be within any of the
Classes enumerated within this section, notwithstanding that at the- time the
petition is filed he may not be included within such classes.
(d) A.ny person who is within any of the classes described in subsection (a)
solely because of past membership in, or past affiliation with, a party or organiza-
tion may be naturalized without regard to the provisions of subsection (c) if
such person establishes that such membership or affiliation is or was involuntary,
or occurred and terminated prior to the attainment by such alien of the age of
sixteen years, or that such membership or affiliation is or was by operation of
law, or was for purposes of obtaining employment, food rations, or other essen--
tials of living and where necessary for such purposes.
iNELIGIBILITY TO NATURALIZATION OF DESERTERS FROM TITE ARMED FORCES OF THE
'UNITED STATES
SEc. 314. A person who, at any time during which the United States has been
or shall be at war, deserted or shall desert the military, air, or naval forces of
the United States, or who, having been duly enrolled, departed or shall depart-
from the jurisdiction of the district in which enrolled, or who, whether or not
having been duly enrolled, went or shall go beyond the limits of the United States,
with intent to avoid any draft into the military, air, or naval serviee, lawfully
ordered, shall, upon conviction thereof by a court martial or a court of compe-
tent jurisdiction, he permanently ineligible to become a citizen of the United'
States; and such deserters and evaders shall be forever incapable of holding any
Office of trust or of profit under the United States, or of exercising any rights of
citizens thereof.
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ALIEN RELIEVED FROM TRAINING AND SERVICE IN THE ARMED FORCES OF THE UNITED
STATES BECAUSE OF ALIENAGE BARRED FROM CITIZENSHIP
EEC. 315. (a) Notwithstanding the provisions of section 405 (b), any alien
Who applies or has applied for exemption or discharge from training or service
In the Armed Forces or in the National Security Training Corps of the United
States on the ground that he is an alien, and is- or was relieved or discharged
from such training or service on such ground, shall be permanently ineligible
to become a citizen of the United States.
(b) The records of the Selective Service System or of the National Military
Establishment shall be conclusive as to whether an alien was relieved or dis-
charged from such liability for training or service because he was an alien.
,REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE
_PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE D SPOSITION TO THE UNITED
STATES
SEC. 316. (a) No person, except as otherwise provided in this title, shall be
naturalized unless such petitioner, (1) immediately preceding the date of filing
his petition for naturalization has resided continuously, after beign lawfully
:admitted for permanent residence, within the United States for at least five years
and during the five years immediately preceding the date of filing his petition has
been physically present therein for periods totaling at least half of that time,
;and who has resided within the State in which the petitioner filed the petition
.for at least six months, (2) has resided continuously within the United States
.from the date of the petition up to the time of admission to citizenship, and
(3) during all the periods referred to in this subsection has been and still is a
Terson of good moral character, attached to the principles of the Constitution of
the United States, and well disposed to the good order and happiness of the
United States.
(b) Absence from the United States of more than six months but less than one
:year during the period for which continuous residence is required for admission
;to citizenship, immediately preceding the date of filing the petition for naturaliza-
tion, or during the period between the date of filing the petition and the date
of .final hearing, shall break the continuity of such residence, unless the peti-
?tioner shall establish to the satisfaction of the court that he did not in fact
:abandon his residence in the United States during such period.
Absence from the United States for a continuous -period of one year or more
-during the period for which continuous residence is required for admission to
:citizenship (whether preceding or subsequent to the filing of the petition for
naturalization) shall break the continuity of such residence, except that in the
case of a person who has been physically present and residing in the United
States, after being lawfully admitted for permanent residence, for an uninter-
?rupted period of at least one year, and who thereafter is employed by or under
,contract with the Government of the United States or an American institution
,of research recognized - as such by the Attorney General, or is employed by an
American firm or corporation engaged in whole or in part in the development of
:foreign trade and commerce of the United States, or a subsidiary thereof more
-than 50 percentum of whose stock is owned by an American firm or corporation,
? or is employed by a public international organization of which the United States
ls a member by treaty or statute and by which the alien was not employed until
:after being lawfully admitted for permanent residence, no period of absence
:from the United States shall break the continuity of residence if?
(1) prior to the beginning of such period of employment (whether such
period begins before or after his departure from the United States), but
-.prior to the expiration of one year of continuous absence from the United
States, the person has established to the satisfaction of the Attorney General
-that his absence from the United States for such period is to be on behalf of
such Government, or for the purpose of carrying on scientific research on
'behalf of such institution, or to be engaged in the development of such
foreign trade and commerce or whose residence abroad is necessary to the
protection of the property rights in such countries of such firm or corpora-
tion, or to be employed by a public international organization of which the
,United States is a.member by treaty or statute and by which the alien was
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not employed until after being lawfully admitted for permanent residence;
and
(2) such person proves to the satisfaction of the court that his absence.
from the United States for such period has been for such purpose.
? (c) The granting of the benefits of subsection (b) of this' section shall not
relieve the petitioner from the requirement of physical presence within the-
United States for the period specified in subsection (a) of this section, except
in the case of those persons who are employed by, or under contract with, the.
Government of the United States. In the case of a person employed by or under
contract with Central intelligence Agency, the requirement in subsection (b) of
an uninterrupted period of at least one year of physical presence in the United
State's may he complied with by such, person at any time prior to filing a petition.
for naturalization.
(d) No finding by the Attorney General that the petitioner is not deportable
shall be accepted as conclusive evidence of good moral character.
(e) In determining whether the petitioner has sustained the burden of estab-
lishing good moral character and the other qualifications for citizenship specified
in subsection (a) of this section, the court shall not be limited to the petitioner's
conduct during the five years preceding the filing of the petition, but may take-
into consideration as a basis for such determination the petitioner's conduct and
acts at any time prior to that period.
(f) Naturalization shall not be granted to a petitioner by a naturalization
court while registration proceedings or proceedings to require registration
against an organization of which the petitioner is a member or affiliate are
pending under section 13 or 14 of the Subversive Activities Control Act of 1950.
TEMPORARY ABSENCE OF PERSONS PERFOBMIG RELIGIOUS DUTIES
? SEC. 317. Any person who is authorized to perform the ministerial or priestly
functions of a religious denomination having a bona tide organization within the-
United States, or any person who is engaged solely by a rel.gions dAiomination.
or by an interdenominational mission organization having a bona fide organiza-
tion within the United States as a missionary, brother, null, or sister, who (1)
has been lawfully admitted to the United States for permanent residence, (2)
has at any time thereafter and before filing a petition for naturalization been
physically present and residing within the United States for an uninterrupted.
period of at least one year, and (3) has heretofore been or may hereafter be
absent temporarily from the United States in connection with or for the purpose .
of performing the ministerial or priestly functions of such religious denomiria, -
tion, or serving as a missionary, brother, nun, or sister, shall be considered as
being physically present and residing in the United States for the purpose of '?
naturalization within the meaning of section 316 (a), notwithstanding any sitch
absence from the United States, if he shall in all other respects comply with
the requirements of the naturalization law. Such person shall prove to the?
satisfaction of the Attorney General and the naturalization court that his absence,
from the United States has been solely for the purpose of performing, the
ministerial or priestly functions of such religious denomination, or of serving -
as a missionary, brother, nun, or sister.
PREREQUISITE TO NATURALIZATION; BURDEN OF moor
SEc. 318. Except as otherwise provided in this title, no person shall be natu-
ralized unless he has been lawfully admitted to the United States for permanent
residence in accordance with all applicable provisions of this Act. The burden
of proof shall he upon such person to show that he entered the United States?
lawfully, and the time, place, and manner of such entry into the United States,.
but in presenting such proof he shall be entitled to the production of his immi-
grant visa, if any, or of other entry document, if any, and of any other documents
and records, not considered by the Attorney General to be confidential, per-
taining to such entry, in the custody of the Service. Notwithstanding the pro-
visions of section 405 (b), and except as provided in sections 327 and 328 no
person shall be naturalized against whom there is outstanding a final finding -
of deportability pursuant to a warrant of arrest issued under the provisions
of this or any other Act; and no petition for naturalization shall be finally
beard by a naturalization court if there is pending against the petitioner a
deportation proceeding pursuant to a warrant of arrest issued under the provi-
sions of this or any other Act: Provided, That the findings of the Attorney
General in terminating deportation proceedings or in suspending the deporta-
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IMMIGRATION AND NATIONALITY ACT 73
tion of an alien pursuant to the provisions of this Act, shall not be deemed
binding in any way upon the naturalization court with respect to the question
of whether such person has established his eligibility for naturaization as
required by this title.
MARRIED PERSONS
SEC. 319. (a) Any person whose spouse is a citizen of the United States may
be naturalized upon compliance with all the requirements of this title except
the provisions of paragraph (1) of section 316 (a) if such person immediately
preceding the date of filing his petition for natuarization has resided continu-
ously, after being lawfully admitted for permanent residence, within the United
States for at least three years, and during the three years immediately pre-
ceding the date of filing his petition has been living in marital union with the
citizen spouse, who has been a United States citizen during all of such period,
and has been physically present in the United States for periods totaling at
least half of that time and has resided within the State in which he filed his
petition for at least six months.
(b) Any person, (1) whose spouse is (A) a citizen of the United States, (B)
in the employment of the Government of the United States, or of an American
institution of research recognized as such by the Attorney General, or of an
American firm or corporation engaged in whole or in part in the development of
foreign trade and commerce of the United States, or a subsidiary thereof, or of
a public international organization in which the United States participates by
treaty or statute, and (C) regularly stationed abroad in such employment, and
(2) who is in the United States at the time of naturalization, and (3) who
declares before the naturalization court in good faith an intention to take up
residence within the United States immediately upon the termination of such
employment abroad of the citizen spouse, may be naturalized upon compliance
with all the requirements of the naturalization laws, except that no prior resi-
dence or specified period of physical presence within the United States or within
the jurisdiction of the naturalization court or proof thereof shall be required.
CHILD BORN OUTSIDE OF UNITED STATES OF ONE ALIEN AND ONE CITIZEN PARENT AT
TIME OF BIRTH; CONDITIONS UNDER WHICTI CITIZENSHIP AUTOMATICALLY ACQUIRED
SEC. 320. (a) A child born outside of the United States, one of whose parents
at the time of the child's birth was an alien and the other of whose parents then
was and never thereafter ceased to be a citizen of the United States, shall, if
such alien parent is naturalized, become a citizen of the United States, when?
(1) such naturalization takes place while such child is under the age
of sixteen years; and
(2) such child is residing in the United States pursuant to a lawful
admission for permanent residence at the time of naturalization or there-
after and begins to reside permanently in the United States while under
the age of sixteen years.
(b) Subsection (a) of this section shall not apply to an adopted child.
CHILD BORN OUTSIDE OF UNITED STATES OF ALIEN PARENT; CONDITIONS UNDER WHICH
CITIZENSHIP AUTOMATICALLY ACQUIRED
SEC. 32L (a) A child born outside of the United States of alien parents, or of
an alien parent and a citizen parent who has subsequently lost citizenship of the
United States, becomes a citizen of the United States upon fulfillment of the
following conditions:
(1) The naturalization of both parents; or
(2) The naturalization of the surviving parent if one of the parents is de-
ceased; or
(3) The naturalization of the parent having legal custody of the child when
there has been a legal separation of the parents or the naturalization of the
mother if the child was born out of wedlock and the paternity of the child has
mot been established by legitimation; and if
(4) Such naturalization takes place while such child is under the age of six-
teen years; and
(5) Such child is residing in the United States pursuant to a lawful admission
for permanent residence at the time of the naturalization of the parent last
naturalized under clause (1) of this subsection, or the parent naturalized under
li. Doe. 520, 82-2---6
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74 IMMIGRATION AND NATIONALITY ACT
clause (2). or (3) of this subsection, or thereafter begins to reside permanently
in the United States while under the age of sixteen years.
.(p) Subsection (a) of this section shall not apply to an adopted child.
Immo BORN OUTSIDE OF -UNITED STATES ; NATUR,ALCZATION ON PETITION OF. CITIZEN
PARENT ; REotintmvIENts AND EXEMPTIONS
SEC. 322. (a) A child born outside of the United States, one or both of whose
parents is at the time of petitioning for the naturalization of the child, a citizen
of the United States, either by birth or naturalization, may be naturalized if
under the age of eighteen years and not otherwise disqualified from becoming a
citizen by reason of section 313, 314, 315, or 318 of this Act, and if residing perma-
nently in the United States, with the citizen parent, pursuant to a lawful admis-
sion for permanent residence, on the petition of such citizen parent, upon com-
pliance with all the provisions of this title, except that no particular period of
residence or physical presence in the United States shall be required. If the
child is of tender years he may be presumed to be of good moral character, at-
tached to the principles of the Constitution, and well disposed to the good order
and happiness of the United States.
(b) Subsection (a) of this section shall not apply to an adopted child.
CHILDREN ADOPTED BY UNITED STATES CITIZENS
SEC. 323. (a) An adopted child may, if not otherwise disqualified from beconi-
ing a citizen by reason of section 313, 314, 315, or 318 Of tins Act, be naturalized
before reaching the age of eighteen years upon the petition of the adoptive parent
or parents, upon compliance with all the provisions of this title, if the adoptive
patent or parents are citizens of the United States, and the child?
(1) was lawfully admitted to the United States for permanent residence;
? (2) was adopted before attaining the age of sixteen years; and
(3) subsequent to such adoption has resided continuously in the United
States in legal custody of the adoptive parent or parents for two years prior
to the date of filing such petition.
,(b) In lieu of the residence and physical presence requirements of section
316 -(a) of this Act such child shall be required-to establish only two years' resi-
dence and one year's physical presence in the United States during the two-year
period immediately preceding the filing of the petition. If the child is of tender
years he may be presumed to be of good moral character, attached to the prin-
ciples of the Constitution, and well disposed to the good order and happiness
Of the United- States.
. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES CITIZENSHIP
SEO. 324. (a) Any person formerly a citizen of the United States who (1) prior
to September 22, 1922, lost United States citizenship by marriage to an alien,
or by the loss of United States citizenship of such person's spouse, or (2) on or
after September 22, 1922, lost United States citizenship by marriage to an 'alien
ineligible to citizenship, may if no other nationality was acquired by an affirma-
tive act of such person other than by marriage be naturalized upon compliance
with all requirements of this title, except--
(1) no period of residence or specified period of physical presence within
the United States or within the State where the petition is filed shall be
required;
(2) the petition need not set forth that it is the intention of the petitioner
to reside permanently within the United States;
(3) the petition may be filed in any court having naturalization juris-
diction, regardless of the residence of the petitioner;
(4) the petition May be heard at any time after filing if there is attached
to the petition at the time of filing a certificate from a naturalization exam-
iner stating that the petitioner and the witnesses have appeared before such
examiner for examination.
Such person, or any person who was naturalized in accordance with the provi-
sions of section 317 (a) of the Nationality Act of -1940, shall have, From and
after her naturalization, the status of a native-born or naturalized Citizen of
the United States; whichever status existed in the -case of such person prior to
the loss of eitiZenship : Pt?ovided, That nothing .contained herein or in any. other
provision of law shall he construed - as Conferring- United States citivenshin
retroactively upon such person, or upon any person who was naturalized in
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IMMIGRATION AND NATIONALITY ACT 75,
accordance with the provisions 'a section 317 (a) of the Nationality Act of 1940,
during any period in which such person was not a citizen.
(b) No person who is otherwise eligible for naturalization in accordance with
the provisions of subsection (a) of this section shall be naturalized unless such
person shall establish to the satisfaction of the naturalization court that she
has been a person of good moral character, attached to the principles of the
Constitution of the United States, and well disposed to the good order and happi-
ness of the United States for a period of not less than five years immediately
preceding the date of tiling a petition for naturalization and up to the time of
admission to Citizenship, and, unless she has resided continuously in the United
'States since the date of her marriage, has been lawfully admitted for permanent.
residence prior to filing her petition for naturalization.
(c) (1) A woman who was a citizen of the United States at birth and (A) who
has or is believed to have lost her United States citizenship solely by reason of her
marriage prior to September 22, 1922, to an alien, or by her marriage on or after
such date to an alien ineligible to citizenship, (B) whose marriage to such alien.
shall have terminated subsequent to January 12, 1941, and (C) who has not ac-
quired by an affirmative act other than by marriage any other nationality, shall,
from and after taking the oath of allegiance required by section 337 of this title,
be a citizen of the United States and have the status of a citizen of the United
States by birth, without filing a petition for naturalization, and notwithstanding
any of the other provisions of this title except the provisions of section 313:
Provide,d, That nothing contained herein or in any other provision of law shall
be construed as conferring United States citizenship retroactively upon such
person, or upon any person who was naturalized in accordance with the provi-
sions of section 317 (b) of the Nationality Act of 1940, during any period in which
such person was not a citizen.
(2) Such oath of allegiance may be taken abroad before a diplomatic or con-
sular officer of the United States, or in the United States before the judge or clerk
of a naturalization court.
(3) Such oath of allegiance shall be entered in the records of the appropriate
embassy, legation, consulate, or naturalization court, and, upon demand, a
certified copy of the proceedings, including a copy of the oath administered, under
the seal of the embassy, legation, consulate, or naturalization court, shall be
delivered to such woman ata cost not exceeding $5, which certified copy shall be
evidence of the facts stated therein before any court of record or judicial tribunal
and in any department or agency of the Government of the United States.
Nos%
NATIONALS RUT NOT CITIZENS OF THE UNITED STATES; RESIDENCE WITHIN OUTLYING
POSSESSIONS
SEC. 325. A person not a citizen who owes permanent allegiance to the United
States, and who is otherwise qualified, may, if he becomes a resident of any State,
be naturalized upon compliance with the applicable requirements of this title,
except that in petitions for naturalization filed under the provisions of this section
residence and physical presence within the United States within the meaning of
-9L'd this title shall include residence and physical presence within any of the outlying
possessions of the United States.
REIDENT PHILIPPINE CITIZENS EXCEPTED FROM CERTAIN REQUIREMENTS
SEC. 326. Any person who (1) was a citizen of the Commonwealth of the Philip-
pines on July 2, 1946, (2) entered the United States prior to May 1, 1934, and (3>
has, since such entry, resided continuously in the United States shall be regarded
as having been lawfully admitted to the United States for permanent residence
for the purpose of petitioning for naturalization under this title.
FORMER UNITED STATES CITIZENS LOSING CITIZENSHIP BY ENTERING THE ARMED FORCES
OF FOREIGN COUNTRIES DURING WORLD WAR II
SEC, 327. (a) Any person who, (1) during World War II and while a citizen,
of the United States, served in the military, air, or naval forces of any country
at war with a country with which the United States was at war after December 7,
1941, and before September 2, 1945, and (2) has lest United States citizenship
by reason of entering or serving in such forces, or taking an oath or obligation for
the purpose of entering such forces, may, upon compliance with all the provisions
of title III of, this, Act, except section 316 (a), and except as otherwise provided
in subsection (b), be naturalized by taking before any naturalization court sped-
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IMMIGRATION AND NATIONALITY ACT
tied in section 310 (a) of this title the oath required by section 337 of this title.
Certified copies of such oath shall be sent by such court to the Department of State
and to the Department of Justice.
(b) No person shall be naturalized under subsection (a) of this section
unless he?
(1) is, and has been for a period of at least five years immediately pre-
ceding taking the oath required in subsection (a), a person of good moral
character, attached to the principles of the Constitution of the United States
and well disposed to the good order and happiness of the United States; and
(2) has been lawfully admitted to the United States for permanent resi-
dence and intends to reside permanently in the United States.
(c) Any person naturalized in accordance with the provisions of this section,
or any person who was naturalized in accordance with the provisions of section
323 of the Nationality Act of 1940, shall have, from and after such naturalization,
the status of a native-born, or naturalized, citizen of the United States, whichever
status existed in the case of such person prior to the loss of citizenship: Pro-
vided, That nothing contained herein, or in any other provision of law, shall be
construed as conferring United States citizenship retroactively upon any such
person during any period in which such person was not a citizen.
(d) For the purposes of this section, World War II shall be deemed to have
begun on September 1, 1939, and to have terminated on September 2, 1945.
? (e) This section shall not apply to any person who during World War II served
In the armed forces of a country while such country was at war with the United
States.
NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES
SEC. 328. (a) A person who has served honorably at any time in the Armed
Forces of the United States for a period or periods aggregating three years, and
who, if separated from such service, was never separated except under honorable
conditions, may be naturalized without having resided, continuously immediately
preceding the date of filing such person's petition, in the United States for at
least five years, and in the State in which the petition for naturalization is filed
for at least six months, and without having been physically present in the United
States for any specified period, if such petition is filed while the petitioner is
still in the service or within six months after the termination of such service.
(b) A person filing a petition under subsection (a) of this section shall comply
In all other respects with the requirements of this title, except that?
(1) no residence within the jurisdiction of the court shall be required;
(2) notwithstanding section 336 (c), such petitioner may be naturalized
immediately if the petitioner be then actually in the Armed Forces of the
United States, and if prior to the filing of the petition, the petitioner and
the witnesses shall have appeared before and been examined by a representa-
tive of the Service;
(3) the petitioner shall furnish to the Attorney General, prior to the final
hearing upon his petition, a certified statement from the proper executive
department for each period of his service upon which he relies for the bene-
fits of this section, clearly showing that such service was honorable and
that no discharges from service, including periods of service not relied upon
by him for the benefits of this section, were other than honorable. The
certificate or certificates herein provided for shall be conclusive evidence of
such service and discharge.
(c) In the case such petitioner's service was not continuous, the petitioner's
residence in the United States and State, good moral character, attachment to
the principles of the Constitution of the United States, and favorable disposition
toward the good order and happiness of the United States, during any period
within five years immediately preceding the date of filing such petition between
the periods of petitioner's service in the Armed Forces, shall be alleged in the
petition filed under the provisions of subsection (a) of this section, and proved
at the final hearing thereon. Such allegation and proof shall also be made as to
any period between the termination of petitioner's service and the filing of the
petition for naturalization.
(d) The petitioner shall comply with the requirements of section 316 (a) of
this title, if the termination of such service has been more than six months pre-
ceding the date of filing the petition for naturalization, except that such service
within five years immediately preceding the date of filing such petition shall be
considered as residence and physical presence within the United States.
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(e) Any such period or periods of service under honorable conditions, and
good moral character, attachment to the principles of the Constitution of the
United States, and favorable disposition toward the good order and happiness
of the United States, during such service, shall be proved by duly authenticated
copies of the records of the executive departments having custody of the records
of such service, and such authenticated copies of records shall be accepted in
lieu of compliance with the provisions of section 316 (a).
NATURALIZATION THROUGH ACT1VE-DUTY SERVICE IN TIIE ARMED FORCES DURING
WORLD WAR I OR WORLD W/111 II
SEC. 829. (a) Any person who, while an alien or a noncitizen national of the
United States, has served honorably in an active-duty status in the military, air,
or naval forces of the United States during either World War I or during a period
beginning September 1, 1939, and ending December 31, 1946, and who, if separated
from such service, was separated under honorable conditions, may be naturalized
as provided in this section if (1) at the time of enlistment or induction such
person shall have been in the United States, the Canal Zone, American Samoa,
or Swains Island, whether or not he has been lawfully admitted to the United
States for permanent residence, or (2) at any time subsequent to enlistment
or induction such person have been lawfully admitted to the United States for
permanent residence. The executive department under which such person
served shall determine whether persons have served honorably in an active-duty
status, and whether separation from such service was under honorable condi-
tions: Provided, however, That no person who is or has been separated from such
service on account of alienage, or who was a conscientious objector who per-
formed no military, air, or naval duty whatever or refused to wear the uniform,
shall be regarded as having served honorably or having been separated under
honorable conditions for the purposes of this section. No period of service in.
the Armed Forces shall be made the basis of a petition for naturalization under
this section if the applicant has previously been naturalized on the basis of the
same period of service.
(b) A person filing a petition under subsection (a) of this section shall com-
ply in all other respects with the requirements of this title, except that?
(1) he may be naturalized regardless of age, and notwithstanding the
provisions of section 331 of this title;
(2) no period of residence or specified period of physical presence within
the United States or any State shall be required;
(3) the petition for naturalization may be filed in any court having nat-
uralization jurisdiction regardless of the. residence of the petitioner;
(4) service in the military, air, or naval forces of the United States shall
be proved by a duly authenticated certification from the executive depart-
ment under which the petitioner served or is serving, which shall state
whether the petitioner served honorably in an active-duty status during
either World War I or during a period beginning September 1, 1939, and
ending December 31, 1940, and was separated from such service under hon-
orable conditions; and
(5) notwithstanding section 336 (c) of this title, the petitioner may be.
naturalized immediately if prior to the filing of the petition the petitioner
and the witnesses shall have appeared before and been examined by a rep-
resentative of the Service.
? (c) Citizenship granted pursuant to this seetion may be revoked in accordance
with section 340 of this title if at any time subsequent to naturalization the
person is separated from the military, air, or naval forces under other than
honorable conditions, and such ground for revocation shall be in addition to
any other provided by law. The fact that the naturalized person was separated
from the service under other than honorable conditions shall be proved by a
duly authenticated certification from the executive department under which the
person was serving at the time of separation.
(d) The eligibility for naturalization of any person who filed a petition for
naturalization prior to January 1, 1947, under section 701 of the Nationality Act
of 1940, as amended (56 Stat. 182, 58 Stat. 886, 59 Stat. 658; 8 U. S. C. 1001),
and which is still pending on the effective date of this Act, shall be determined
in accordance with the provisions of this section.
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CONSTRUCTIVE RESIDENCE THROUGH SERVICE ON CERTAIN UNITED STATES VESSELS
SEc. 330. (a) (1) Any periods of time during all of which a person who was
previously lawfully admitted. for permanent residence has served honorably or
with good conduct, in any capacity other than as a member of the Armed Forces
Of the United States, (A) on board a vessel operated by the United States, or an
agency thereof, the full legal and equitable title to which is in the United States;
or (B) on board a vessel whose home port is in the United States, and (i) which
is registered under the laws of the United States, or (ii) the full legal and
equitable title to which is in a citizen of the United States, or a corporation
organized under the laws of any of the several States of the United States, shall
be deemed residence and physical presence within the United States within the
meaning of Section 316 (a) of this title, if such service occurred within five years
immediately preceding the date such person shall file a petition for naturalization.
Service on vessels described in clause (A) of this subsection shall be proved by
duly authenticated copies of the records of the executive departments or agency
having custody of the records of such service.. Service on vessels described in
clause (13) of this subsection may be proved by certificates from the masters of
such vessels.
(2) For the purposes of this subsection, any periods of time prior to Septem-
ber 23, 1950, during all of which any person had served honorably or with good
conduct for an aggregate period of five years on any vessel described in section
325 (a) of the Nationality Act of 1940 prior to its amendment by the Act of
September 23, 1950, shall be deemed residence and physical presence within the
United States within the meaning of section 316 (a) of this title, if such petition
is filed within one year from the effective date of this Act. Notwithstanding the
provisions of section 318, a person entitled to claim the exemptions contained in
this paragraph shall not be required to establish a lawful admission for perma-
nent residence. ?
(3) For the purposes of this subsection, any periods of time prior to September
23, 1950, during ail of which any person not within the provisions of paragraph
(2) had, prior to September 23, 1950, served honorably or with good conduct on
any vessel described in section 325 (a) of the-Nationality Act of 1940 prior to its -
amendment by the Act of September 23, 1950, and was so serving on September
23, 1050, shall be deemed residence and physical presence within the United
States within the meaning of section 316 (a) of this title, if such person at any
time prior to filing his petition for naturalization shall have been lawfully
admitted to the United States for permanent residence, and if such petition is
filed on. or before September 23, 1955.
(b) Any person who was excepted from certain requirements of the naturali-
zation laws under section 325 of the Nationality Act of 1940 prior to its amend-
ment by the Act of September 23, 1950, and hind filed a petition for naturalization
under section 325 of the Nationality Act of 1940, may, if such petition was pend-
ing on September 23, 1950, and is still pending on the effective date of this Act,
be naturalized upon compliance with the applicable provisions of the naturaliza-
tion laws in effect upon the date such petition was filed: Provided., That any such
person shall be subject to the provisions of section 313 and to those provisions of
section 318 which relate to the prohibition against the naturalization of a person
against whom there is outstanding a final finding of deportability pursuant to a
warrant of arrest issued under the provisions of this or any other Act, or which
relate to the prohibition against the final healing on a petition for naturalization
If there is pending against the petitioner a deportation proceeding pursuant to a
warrant of arrest issued under the provisions of this or any other Act:
ALIEN ENEMIES; NATURALIzATION UNDER SPECIFIED CONDITIONS AND PROCEDURE
SEC. 331. (a) An alien who is a native, citizen, subject, or denizen of any
country, state, or sovereignty with which the United States is at war may, after
his loyalty has been fully established upon investigation by the Attorney General,
be naturalized as a citizen of the United States if such alien's petition for
naturalization shall be pending at the beginning of the state of war and the peti-
tioner is otherwise entitled to admission to citizenship.
(b) An alien embraced within this section shall not have his petition for
naturalization called for a hearing, or heard, except after ninety days' notice
given by the clerk of the court to the Attorney General to be represented at the
hearing, and the Attorney General's objection to such final hearing shall cause
the petition to be continued from time to time for so long as the Attorney General
may require.
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(c) The Attorney General may, in his discretion, upon investigation fully
establishing the loyalty of any alien enemy who did not have a petition for
naturalization pending at the beginning of the state of war, except such alien
enemy from the classification of alien enemy for the purposes of this title, and
thereupon such alien shall have the privilege of filing a petition for
naturalization.
(d) An. alien who is a native, citizen, subject, or denizen of any country,
State, or. sovereignty with which the United States is at war shall cease to be
an alien enemy within he meaning of this section upon the determination by
proclamation of the President, or by concurrent resolution of the Congress, that
hostilities between .the United States and such country, state, or sovereignty
have ended. Notwithstanding the provisions of section 405 (b.), this subsection
shall also apply to the case of any such alien whose petition for naturalization
was filed -prior to the effective date of Act and which is still pending on that
date.
(e) Nothing contained herein shall be taken or construed to interfere with or.
prevent the apprehension and removal, consistent with law, or any alien enemy
at any time prior to the actual naturalization of such alien.
PROCEDURAL AND ADMINISTRATIVE PROVISIONS ; EXECUTIVE FUNCTIONS
SEC. 3.32. (a) The Attorney General shall make such rules and regulations as
may be necessary to carry into effect the provisions of this chapter and is author-
ized to .prescribe the scope and nature of the examination of petitioners for
naturalization as to their admissibility to citizenship for the purpose of making
appropriate recommendations to tile naturalization courts. Such examination, -
in the discretion of the Attorney General, and under such rules and regulations
as may be prescribed by him, may be conducted before or after the applicant
.has filed his petition for naturalization. Such examination shall be limited
to inquiry concerning the applicant's residence, physical presence in the United
States, good moral character, understanding of and attachment to the funda-
mental principles of the Constitution of the United States, ability to read, write,
and speak English, and other qualifications to become a naturalized citizen as
required by law, and shall be uniform throughout the United States.
(b) The Attorney General is authorized to promote instruction and training
in citizenship responsibilities of applicants for naturalization including the
sending of names of candidates for naturalization to the public schools, preparing
and distributing citizenship textbooks to such candidates as are receiving
instruction in preparation for citizenship within or under the supervision of the
public schools, preparing and distributing monthly an immigration and naturali-
zation bulletin and securing the da of and cooperating with official State and
national organizations, including those concerned with vocational education.
(c) The Attorney General shall prescribe and furnish such forms as may be
required to give effect to the provisions of this chapter, and only such forms
as may he so provided shall be legal. All certificates of naturalization and of
citizenship shall be printed on safety paper and shall be consecutively 'numbered
in separate series.
(d) Employees of the Service may be designated by the Attorney General to
administer oaths and to take depositions without charge in matters relating to
the administration of the naturalization and citizenship laws. In cases where
there is a likelihood of unusual delay or of hardship, the Attorney General may,
in his discretion, authorize such depositions to be taken before a postmaster
without charge, or before a notary public or other person authorized to admin-
ister oaths for general purposes.
(e) A certificate of naturalization or of Citizenship issued by the Attorney
General under the authority of this 'title shall have the same effect in all
courts, tribunals, and public offices of the United States, at home and abroad,
of the District of Columbia, and of each State, Territory, and outlying possession
of the United States, as a certificate of naturalization or of citizenship issued
by a court having naturalization jurisdiction. _
(f) Certifications and certified copies of all papers, documents, certificates,
and records required or authorized to be issued, used, filed, recorded, or kept
under any and all provisions of this Act shall be admitted in evidence equally
with the originals in any and all cases and proceedings under this Act and in
all cases and proceedings in which the originals thereof might be admissible
as evidence.
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(g) The officers in charge of property owned or leased by the Government are
authorized, upon the recommendation of the Attorney General, to provide quar-
ters, without payment of rent, in any building occnpied by the Service, for a
photographic studio, operated by welfare organizations without profit and solely
for the benefit of persons seekingrto comply with requirements under the immi-
gration and nationality laws. Such studio shall be under the supervision of
the Attorney General.
PHOTOGRAPHS
SEC. 333. (a) Three identical photographs of the applicant shall be signed by
and furnished by each petitioner for naturalization or citizenship. One of such
photographs shall be affixed by the clerk of the court to the original certificate
of naturalization issued to the naturalized citizen and one to the duplicate
certificate of naturalization required to be forwarded to the Service. ?
(b) Three identical photographs of the applicant shall be furnished by each
applicant for?
(1) a record of lawful admission for permanent residence to be made
under section 246 (a) ;
(2) a certificate of derivative citizenship;
(3) a certificate of naturalization or .of citizenship;
(4) a special certificate of naturalization;
(5) a. certificate of naturalization or of citizenship, in lieu of one lost,
mutilated, or destroyed;
(6) a new certificate of citizenship in the new name of any naturalized
citizen who, subsequent to naturalization, has had his name changed by
- order of a court of competent jurisdiction or by marriage; and
(7) a declaration of intention.
One such photograph shall be affixed to each such certificate issued by the At-.
torney General and one shall be affixed to the copy of such certificate retained by
the Service.
PETITION FOR NATURALIZATION; DECLARATION OF INTENTION
SEC. 334. (a) An applicant for naturalization shall make and file in the office
of the clerk of a naturalization court, in duplicate, a sworn petition in writing,
signed by the applicant in the applicant's own handwriting if physically able to
write, and duly verified by two witnesses, which petition shall be on a form
prescribed by the Attorney General and shall include averments of all facts which
in the opinion of the Attorney General may be material to the applicant's natural-
ization, and required to be proved upon the hearing of such petition.
(b) No person shall file a valid petition for naturalization unless (1) he shall
have attained the age of eighteen years and (2) he shall have first filed an ap-
plication therefor at an office of. the Service in the form and manner prescribed by
the Attorney General. An application for petition for naturalization by an alien
shall contain an averment of lawful admission for permanent residence.
(c). Petitions for naturalization may be made and filed during the term time
or vacation of the naturalization court and shall be docketed the same day as
filed, but final action thereon shall be had only on stated days, to be .fixed by
rule of the court.
(d) If the applicant for naturalization is prevented by sickness or other disa-
bility from presenting him self in the office of the clerk to make the petition re-
quired by subsection (a), such applicant may make such petition at such other
place as may be designated by the clerk of court or by such clerk's authorized
deputy.
(e) Before a petition for naturalization may be made outside of the office of
the clerk of the court, pursuant to subsection (d) above, or before a final hear-
ing on a petition may be held or the oath of allegiance administered outside of
open court, pursuait to sections 336 (a) and 337 (c) respectively of this title, the
court must satisfy itself that the illness or other disability is sufficiently serious
to prevent appearance in the ()Tice of the clerk of court and is a permanent
nature, or of a nature which so incapacitates the person as to prevent him from
personally appearing in the office of the clerk of court or in court as otherwise
required by law.
(f) Any alien over eighteen years of age who is residing in the TJnited States
pursuant to a lawful admission for permanent residence may, upon an applica-.
tion prescribed, filed with, and approved by the Service, make and file in duplicate
In the office of the clerk of court, regardless of the alien's place of residence in the
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United States, a signed declaration of intention to became a citizen of the United
States, in Such form as the Attorney General shall prescribe. Nothing in this
subsection shall be construed as requiring any such alien to make and file a decla-
ration of intention as a condition precedent to filing a petition for naturalization
nor shall any such declaration of intention be regarded as conferring or having
conferred upon any such alien United States citizenship or nationality or the
-right to United States citizenship or nationality, nor shall such declaration be
regarded as evidence of such alien's lawful admission for permanent residence in
any proceeding, action, or matter arising under this or any other Act.
INVESTIGATION OF PETITIONERS; PRELIMINARY EXAMINATIONS ON PETITIONS
SEC. 335. (a) At any time prior to the holding of the final hearing on a petition
for naturalization provided for by section 330 (a), an employee of the Service, or
of the United States designated by the Attorney General, shall conduct a personal
investigation of the person petitioning for naturalization in the vicinity or vicin-
ities, in which such person has maintained his actual place of abode and in the
vicinity or vicinities in which such person has been employed or has engaged in
business or work for at least live years immediately preceding the filing of his
petition for naturalization. The Attorney General may, in his discretion, waive
a personal investigation in an individual case or in such cases or classes of cases
as may be designated by him.
(b) The Attorney General shall designate employees of the Service to conduct
preliminary examinations upon petitions for naturalization to any naturalization
court and to make recommendations thereon to such court. For such purposes
any such employee Sc) designated is hereby authorized to take testimony concern-
ing any matter touching or in any way affecting the admissibility of any peti-
tioner-for naturalization, to administer oaths, including the oath of the petitioner
for naturalization and the oaths of petitioner's witnesses to the petition for natu-
ralization, and to require by subpena the attendance and testimony of witnesses,
including petitioner, before such employee so designated and the production of
:relevant books, papers, and documents, and to that end may invoke the aid of any
court exercising naturalization jurisdiction as specified in section 310 of this
title; and any such court may, in the event of neglect or refusal to respond to a
subpena issued by any such employee so designated or refusal to testify before
such employee so designated issue an order requiring such person to appear
before such employee so designated, produce relevant books, papers, and docu-
ments if demanded, and testify; and any failure to obey such order of the court
may be punished by the court as a contempt thereof. The record of the prelimi-
nary examination authorized by this subsection shall be admissible as evidence
in any final hearing conducted by a naturalization court designated in section 310
of this title.
(c) The record of the preliminary examination upon any petition for naturali-
zation may, in the discretion of the Attorney General, be transmitted to the Attor-
ney General and the recommendation with respect thereto of the employee desig-
nated to conduct such preliminary examination shall when made also be trans-
mitted to the Attorney General.
(d) The recommendation of the employee designated to conduct any such
preliminary examination shall be submitted to the court at the hearing upon
the petition and shall include a recommendation that the petition be granted,
or denied, or continued, with reasons therefor. In any case in which the rec-
ommendation of the Attorney General does not agree with that of the employee
designated to conduct such preliminary examination, the recommendations of
both such employee and the Attorney General shall be submitted to the court
at the hearing upon the petition, and the officer of the Service in attendance
at such hearing shall, at the request of the court, present both the views of such
employee and those of the Attorney General with respect to such petition to
the court. The recommendations of such employee and of the Attorney General
shall be accompanied by duplicate lists containing the names of the petitioners,
classified according to the character of the recommendations, and signed by such
employee or the Attorney General, as the case may be. The judge to whom such
recomme-ndations are submitted shall, if he approve such recommendations,
enter a written order with such exceptions as the judge may deem proper, by
subscribing his name to each such list when corrected to conform to his con-
clusions upon such recommendations. One of each such lists shall thereafter
'be filed permanently of record in such court and the duplicate of each such list
shall be sent by the clerk of such court to the Attorney General.
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-(e) After the petition, for naturalization has been filed in the office of .the
clerk of court, the petitioner shall not be permitted to withdraw his petition, ex-
cept with the consent of the Attorney General. In cases where the -Attorney
General does not consent to withdrawal of the petition, the court shall determine
. the petition on its merits and enter a final- order accordingly. In cases where the
? petitioner fails to prosecute his petition, the petition shall be decided upon its
merits unless the Attorney General moves that the petition be dismissed for lack
.of prosecution.
(f) As to each period and place of residence in the State in which the peti-
tioner resides at the tune of filing the petition, during the entire period of at
least six months immediately preceding the date of filing the petition, there shall
be included in the petition for naturalization the affidavits of at least two credible
witnesses, citizens of the United States, stating that each has personally known
the petitioner to have been a resident at such place for such period, and that the
petitioner is and during all such periods has been a person of good moral char-
acter, attached to the principles of the Constitution of the United States, and well
disposed to the good order and happiness of the United States.
(g) At the hearing on the petition, residence in the State in which the peti-
tioner resides at the time of filing the petition, for at least six months immediately
preceding the date of filing the petition, and the other qualifications required' by
subsection (a) of section 310 during such residence shall be proved by the oral
testimony Of at least two credible witnesses, citizens of the United States, in ?
addition to the affidavits required by subsection (f) of this section to be in-
eluded in the petition. At the hearing, residence and physical presence within
the United States during the five-year period required by section 316 (a), but out-
side the State, or within the State but prior to the six months immediately preced-
ing the date of filing the petition, and the other qualifications required by sub-
section (a) of section 316 during such period at such places, shall be proved either
by depositions taken in accordance with subsection (d) of section 332, or. oral
testimony, of at least two such witnesses for each place of residence.
(h) Notwithstanding the provisions of subsections (f) and (g) of this sec-
tion, the requirements of subsection (a) of section 316 as to the petitioner's
residence, good moral character, attachment to the principles of the Constitution
of the United States, and disposition toward the good order and happiness of the
United States may be established by any evidence satisfactory to the naturaliza-
tion court in those cases under subsection (b) of section 816 in which the alien
has been absent from the United States because of his employment by or con-
tract with the Government of the United States or an American institution of
research, recognized as such by the Attorney General, or employment by an
American firm or corporation engaged in whole- or in part in the development of
foreign trade and commerce of the United States or a subsidiary thereof, or
employment by a public international organization in which the United States
participates.
(i) (1) A petitioner for naturalization who removes from the jurisdiction
of the court in which his petition for naturalization is pending may, at any
- time thereafter, make application to the court for transfer of the petition to a
naturalization court exercising jurisdiction over the petitioner's place of _resi-
dence, or to any other naturalization court if the petition was not required to
be filed in a naturalization court exercising jurisdiction over the petitioner's
place of residence: Provided, That such transfer shall. not be made without
the consent of the Attorney General, and of the court to which the petition is
transferred.
(2) Where transfer of the petition is authorized the clerk of court in which
the petition was filed shall forward a certified copy of the petition and
the original record in the case to the clerk of court to which the petition is
transferred, and proceedings on the petition shall thereafter continue as though
the petition had originally been filed in the court to which transferred, except
that the court to which the petition is transferred may in its discretion, require
.the production of two credible United States citizen witnesses to testify as to
the petitioner's qualifications for naturalization since the date of such transfer.
,FINAL HEARING IN OPEN COURT UPON PETITIONS FOR NATURALIZATION; FINAL ORDER
UNDER THE HAND. OF THE COURT ENTERED UPON RECORD; EXAMINATION OF PETI-
TIONER AND WITNESSES BEFORE THE' COURT
? SEC. 336. (a) Every final hearing upon a petition for naturalization shall be
had in open court before a judge or judges thereof, and every final order which
may be made upon such petition shall be under the hand of the court and entered
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IMMIGRATION AND NATIONALITY ACT 83
in full _upon ? a record kept for that purpose, and upon such final hearing of
such petition the petitioner and the witnesses, except as provided in subsection
,(1)) of this section, shall be examined under oath before the 'Court and in the
presence of the court. If the petitioner is prevented by sickness or other dis-
ability from being in open court for the final hearing upon a petition for nat-
uralization, such final hearing may be had before a judge or judges of the court
at such place as may be designated by the court.
(b) The requirement of subsection (a) of this section for the examination
of the petitioner and the witnesses under oath before the court and in the
presence of the court shall not apply in any case where an employee designated
under section 335 (b) has conducted the preliminary examination authorized by
subsection (b) of section 335; except that the court may, in its discretion,
and Shall, upon demand of the petitioner, require the examination of the peti-
tioner and the witnesses under oath before the court and in the presence of the
. court.
(c) Except as otherwise specifically provided in this title, no final hearing shall
be held on any petition for naturalization nor shall any person be naturalized
nor shall any certificate of naturalization be isued by any court within a period
of thirty days after the filing of the petition for naturalization. The Attorney
General may waive such periods in an individual case if he finds- that the
waiver will be in the public interest and will promote the security of the
United States. Notwithstanding any other provisions of this title, but. except
.as provided in sections 328 (b) (2) and 329, (b) (5), in any case in which the.
.final hearing on any petition for naturalization is scheduled to be held within
sixty days preceding the holding of a general election within the territorial ju-
risdiction of the naturalization court, such final hearing may be held, but the
petitioner shall not he permitted to take the oath required in section 337 (a) .of
this title prior to the tenth day next following such general election. In any case
in which the oath is not taken at the time of the final hearing, the petitioner shall
not be a citizen of the United States until such oath has been taken.
(d) The Attorney General shall have the right to appear before any court in
any naturalization proceedings for tire purpose of cross-examining the-petitioner
and the witnesses produced in support of the petition concerning any matter
touching or in any way affecting the petitioner's right to admission to citizenship,.
and shall have the right to call witnesses, including the petitioner, produce evi-
-deuce, and be heard in opposition to, or in favor of, the granting of any petition
in naturalization proceedings.
(e) The clerk of court shall, if the petitioner requests it at the time of filing
the petition for naturalization, issue a subpena for the witnesses named by such
petitioner to appear upon the day set for the final hearing, but in ease such
witnesses cannot be produced upon the filial hearing other witnesses may be sum-
moned upon notice to the Attorney 'General, in such manner and at such time
as the Attorney General may by regulation prescribe. If it should appear
after the petition has been filed that any of the verifying witnesses thereto are
not competent, and it further appears that the petitioner has acted in good
faith in producing such witnesses found to be incompetent, other witnesses may
be substituted in accordance with such regulations.
(f) It shall belawful at the time and as a part of the naturalization of any
person, for the Court, in its discretion, upon the bona fide prayer of the peti-
tioner included in the petition for naturalization of such person, to make a de-
cree changing the name of said person, and the certificate of naturalization
shall be issued in accordance therewith.
OATH OF RENUNCIATION AND ALLEGIANCE
SEC. 337. (a) A person who has petitioned for naturalization shall, in order to
be and before being admitted to citizenship, take in open court an oath (1) to
support the Constitution of the United States; (2) to renounce and adjure ab-
solutely and entirely all allegiance and fidelity to any foreign prince, potentate,
state, or sovereignty of whom or which the petitioner was before a subject or
citizen; (3) to support and defend the Constitution and the laws of the United
States against all enemies, foreign and domestic; (4) to bear true faith and
allegiance to the same; and (5) (A) to bear arms on behalf of the United StateS
when required by the law, or (B) to perform noncombatant service in the Armed
Forces of the United States when required by the law, or (C) to perform work
of national importance under civilian direction when required by the law. Any
such person shall be required to take an oath containing the substance of clauses
(1) through (5) of the preceding sentence, except that a person who shows by
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84 IMMIGRATION AND NATIONALITY ACT
r(.31ear and convincing evidence to the satisfaction of the naturalization court
that he is opposed to the bearing of arms in the Armed Forces of the United
States by reason of religious training and belief shall be required to take an
oath containing the substance of clauses (1) through (4) and clauses (5) (B)
and (5) (C), and a person who shows by clear and convincing evidence to the
satisfaction of the naturalization court that he is opposed to any type of service
In the Armed Forces of the United States by reason of religious training and
belief shall be required to take an oath containing the substance of clauses (1)
through (4) and clause (5) (C). The term "religious training and belief" as
used in this section shall mean an individual's belief in a relation to a Supreme
Being involving duties superior to those arising from any human relation, but
does not include essentially political, sociological, or philosophical views or a
merely personal moral code. In the case of the naturalization of a child under
the provisions of section 322 or 323 of this title the naturalization court may
waive the taking of the oath if in the opinion of the court the child is unable
to understand its meaning.
(b) In case the person petitioning for naturalization has borne any hereditary
title, or has been of any of the orders of nobility in any foreign state, the peti-
tioner shall in addition to complying with the requirements of subsection (a)
of this section, make under oath in open court in the court in which the petition
for naturalization is made, an express renunciation of such title or order of
mobility, and such renunication shall be recorded in the court as a part of such
proceedings.
(c) If the petitioner is prevented by sickness or other disability from being
in open court, he oath required to be taken by subsection (a) of this section
may be taken Jfore a judge of the court at such place as may be designated by
the court.
CERTIFICATE OF NATURALIZATION ; CONTENTS
SEC. 338. A kerson admitted to citizenship by a naturalization court in con-
formity with the provisions of this title shall be entitled upon such admission to
receive from the clerk of such court a certificate of naturalization, which shall
contain substantially the following information: Number of petition for na-
turalization; number of certificate of naturalization; date of naturalization;
name, signature, place of residence, autographed photograph, and personal de-
scription of the naturalized person, including age, sex, marital status, and country
,of former nationality; title, venue, and location of the naturalization court;
:statement that the court, having found that the petitioner intends to reside per-
manently in the United States, except in cases falling within the provisions of
section 324 (a) of this title, had complied in all respects with all of the applicable
provisions of the naturalization laws Of the United States, and was entitled to
be admitted a citizen of the United States of America, thereupon ordered that
the petitioner be admitted as a citizen of the United States of America; attesta-
tion of the clerk of the naturalization court; and seal of the court.
FUNCTIONS AND DUTIES OF CLERKS
SEC. 339. (a) It shall be the duty of the clerk of each and every naturalization
court to forward to the Attorney General a duplicate of each petition for natural-
ization within thirty days after the close of the month in which such petition
was filed, and to forward to the Attorney General certified copies of such
other proceedings and orders instituted in or issued out of said court affecting
or relating to the naturalization of persons as may be required from time to
time by the Attorney General.
(b) It shall be the duty of the clerk of each and every naturalization court
;to i! sue to any person admitted by such court to citizenship a certificate of
,maturalization and to forward to the Attorney General within thirty days after
the close of the month in which such certificate was issued, a duplicate thereof,
and to make and keep on file in the clerk's office a stub for each certificate so
'Issued, whereon shall be entered in a memorandum of all the essential facts set
forth in such certificate, and to forward a duplicate of each such stub to the
Attorney General within thirty days after the close of the month in which such
certificate was issued.
(c) It shall be the duty of the clerk of each and every naturalization court
to report to the Attorney General, within thirty days after the close of the
Month in which the final hearing and decision of the court was had, the name
and number of the petition of each and every person who shall be denied natural-
ization together with the cause of such denial.
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IMMIGRATION AND NATIONALITY ACT 85
? (d) Clerks of courts shall be responsible for all blank certificates of naturaliza-
tion received by them from time to time from the Attorney General, and shall
account to the Attorney General for them whenever required to do so, No certifi?
cate of naturalization received by any clerk of court which may be defaced or in-
jured in such manner as to prevent its use as herein provided shall in .any ease:
be destroyed, but such certificates shall be returned to the Attorney General.
(e) It shall be the duty of the clerk of each and every naturalization court
to cause to be filed in chronological order in separate volumes, indexed, con-
secutively numbered; and made a part of the records of such court, all declara-
tions of intention and petitions for naturalization.
REVOCATION OP NATTJ.RALIZATION
Sae. 340. (a) It shall be the duty of the United States district attoriaeys
for the respective districts, upon affidavit showing good cause therefor, to
institute proceedings in any court specified in subsection (a) of section 310 of
this title in the judicial district in which the naturalized citizen may reside at
the time of bringing suit, for the purpose of revoking and setting aside the order
.admitting such person to citizenship and canceling the certificate of naturaliza-
tion on the ground that such order and certificate of naturalization were pro--
cured by concealment of a material fact or by willful misrepresentation, an
such revocation and setting aside of the order admitting such person to citizen--
ship and such canceling of certificate of naturalization shall he effective as of
the original date of the order and certificate, respectively: Provided, That refusal.
on the part of a naturalized citizen within a period of ten years following his;
naturalization to testify as a witness in any proceeding before a congressionaLl
committee. concerning his subversive activities, in a ease where such perSon
has been con'Heted of contempt for such refusal, shall be held to constitate
ground for revocation of such person's naturalization under this subsection as
having been procured by concealment of a material fact or by willful mis-
representation. If the naturalized citizen does not reside in any judicial district ,
in the United States at the time of bringing such suit, the proceedings may be
instituted in the United States District Court for the District of Columbia or
in the United States district court in the judicial district in which such person
last had his residence.
(b) The party to whom was granted the naturalization alleged to have been
procured by concealment of a material fact or by willful misrepresentation
In any such proceedings under subsection (a) of this section, have sixty days'
personal notice, unless waived by such party, in which to make answer to the
petition of the United States ; and if such naturalized person he absent from the
;United States or from the judicial district in which such person last had his
residdnce, such notice shall be given either by personal service upon hint or
by publication in the manner provided for the service of summons by publication
-upon ?absentees by the laws of the State or the place where such suit is.
brought.
(c) If a person who shall have been naturalized after the.effective date of
this Act shall within five years next following such naturalization become a
member of or affiliated with any organization, membership in or affiliation with
which at the time of naturalization would have precluded such person fromi
naturalization under the provisions of section 313, it shall be considered prime
facie evidence that such person was not attached to the principles of the Con-
stitution of the United States and was not well disposed to the good order and
happiness of the United States at the time of naturalization, and, in the absence
of countervailing evidence, it shall be sufficient in the proper proceeding to
authorize the revocation and setting aside of the order admitting such person
to citizenship and the cancellation of the certificate of naturalization as having.
been obtained by concealment of a material fact or by willful misrepresentation,.
and such revocation and setting aside of the order admitting such person tor
citizenship and such canceling of certificate of naturalization shall be effective,
as of the original date of the order and certificate, respectively.
(d) If a person who shall have been naturalized shall, within five years after-
such naturalization, return to the country of his nativity, or go to any other'
foreign country, and take permanent residence therein, it shall he considered'
prima facie evidence of a lack of intention on the part of such person to reside
permanently in the United States at the time of filing his petition for naturaliza-
tion, and, in the absense of countervailing evidence, it shall lm sufficient in the
proper proceeding to authorize the revocation and setting aside of the order?
admitting such person to citizenship and the cancellation of the certificate of
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naturalization as having been obtained by coneealment of a material fact or
by willful misrepresentation, and such? revocation and setting aside of the order
admitting such person to citizenship and such canceling of certificate of naturali-
zation shall be effective as of the original date of the order and certificate, re-
spectively. The diplomatic and consular officers of the United States in foreign
countries shall from time to time, through the Department of State, furnish
the Department of Justice with statements of the names of those persons within
their respective jurisdictions who have been so naturalized and who have taken
permanent residence in the country of their nativity, or in any other foreign
country, and such statements, duly certified, shall be admissible in evidence in
all courts in proceedings to revoke and set aside the order admitting to citizen-
ship and to cancel the certificate of naturalization.
(e) The revocation and setting aside of the order admitting any person to
citizenship and canceling his certificate of naturalization under the provisions
of subsection (a) of section 338 of the Nationality Act of 1940 shall not, where
such action takes place after the effective date of this Act, result in the loss of
citizenship or any right or privilege of citizenship which would have been
derived by or been available to a wife or minor child of the naturalized person
had such naturalization not been revoked: Provided, That this subsection shall
not apply in any case in which the revocation and setting aside of the order was
the result of actual fraud.
(f) Any person who claims United States citizenship"through the naturaliza-
tion of a parent or spouse in whose case there is a revocation and setting aside
of the order admitting such parent or spouse to citizenship under the provisions
of subsection (a) of this section on the ground that the order and certificate of
naturalization were procured by concealment of a material fact or by willful
misrepresentation shall be deemed to have lost and to lose his citizenship and any
right or privilege of citizenship which he may have, now has, or may hereafter
acquire under and by virtue of such naturalization of such parent or spouse,
regardless of whether such person is residing within or without the United States
at the time of the revocation and setting aside of tile order admitting such parent
or spouse to citizenship. Any person who claims United States citizenship
through the naturalization of a parent or spouse in whose case there is a revoca-
tion and setting aside of the order admitting such parent or spouse to citizenship
and the cancellation of the certificate of naturalization under the provisions of
subsections (c) or (d) of this section, or under the provisions of section 329 (c)
of this title on any ground other than that the order and certificate of naturaliza-
tion were procured by concealment of a material fact or by willful misrepresenta-
tion, shall be deemed to have lost and to lose his citizenship and any right or
privilege of citizenship which would have been enjoyed by such person had there
not been a revocation and setting aside of the order admitting such parent or
spouse to citizenship and the cancellation of the certificate of naturalization,
unless such person is residing in the United States at the time of the revocation
and setting aside- of the order admitting such parent or spouse to citizenship
and the cancellation of the certificate of naturalization.
(g) When a person shall be convicted under section 1425 of title 18 of the
United States Code of knowingly procuring naturalization in violation of law,
the court in which such conviction is had shall thereupon revoke, set aside, and
declare void the final order admitting such person to citizenship, and shall de-
clare the certificate of naturalization of such person to be canceled. Jurisdiction
is hereby conferred on the courts having jursdiction of the trial of such offense
to make such adjudication.
(h) Whenever an order admitting an alien to citizenship shall be revoked
and set aside or a certificate of naturalization shall be conceled, or both, as pro-,
videct in this section, the court in which such judgment or decree is rendered
shall make an order canceling such certificate and shall send a certified copy of
such order to the Attorney General. In case such certificate was not originally
issued by the court making such odrer, it shall direct the clerk of court in which
the order is revoked and set aside to transmit a copy of such order and' judg-
ment to the court out of which such certificate of naturalization shall have been
originally issued. It shall thereupon be the duty of the clerk of the court receiv-
ing suck certified copy of the order and judgment of the court to enter the same
of record and to cancel such original certificate of naturalization, if there be any,
upon the records and to notify the Attorney General of the entry of such order
and of such cancellation. A person holding a certificate of naturalization or
citizenship which has been canceled as provided by this section shall upon notice
by the court by winch the decree of cancellation was made, or by the Attorney
General, surrender the same to the Attorney General.
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t14,1
(i) The provisions of this section shall apply not only to any naturalization
granted and to certificates of naturalization and citizenship issued under the
proVisions of this title, but to any naturalization heretofore granted by any
court; and to all certificates of naturalization and citizenship which may have
been issued heretofore by any court or by the Commissioner based upon natural-.
ization.granted by any court, or by a designated representative of the Commis-
sioner Under the provisions of section 702 of the Nationality. Act of 1940, as
amended,. or by such designated representative under any other act.
(j) Nothing contained in this section shall be regarded as limiting, denying, or
restricting the power of any -naturalization court, by or in which a person has
been naturalized, to correct, reopen, alter, modify, or vacate its judgment or
decree naturalizing such person, during the term of such court or within the
time prescribed by the rules of procedure or statutes governing the jurisdiction
of the court to take such action.
CERTIFICATES. OE CITIZENSHIP; PROCEDURE
SEc. 341. A person who claims to have derived United States citizenship
through the naturalization of a parent or through the naturalization or citizen-
ship of a husband, or who is a citizen of the United States by virtue of the pro-
visions of section 1993 of the United States Revised Statutes; or of section 1993
of the United States Revised Statutes, as amended by section 1 of the Act of
May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of
the provisions of subsection (c), (d), (e), (g), or .(I) of section 201 of the
Nationality Act of 1940, as- amended (51 Stat. 1138; 8 U, S. C. 601), or of the
Act of May 7, 1934 (48 Stat. 667), or of paragraph (3), (4), (5), 'or (7) of sec-
tion 301 (a) of this title, or under the provisions of the Act of August 4, 1937
(50 Stat, 558), or under the provisions of section 203 or 205 of the Nationality
Act of 1940 (54 Stat. 1139; 8 U. S. C. . 603, 605), or under the pro-
visions of section 303 of. this title, may apply to the Attorney General for a
certificate of citizenship. Upon proof to the satisfaction of the Attorney Gen-
eral that the applicant is a citizen, and that the applicant's alleged citizenship
was derived as claimed, or acquired, as the case may be, and-upon-taking and
subscribing before a member of the Service within the United States to the oath
of allegiance required. by this Act of a petitioner for naturalization, Such 'indi-
vidual shall be furnished by the .Attorney General with a certificate of -citizen-
ship, but only if such individual is at the time within the United States.
CANCELLATION OF CERTIFICATES ISSUED BY THE ATTORNEY GENERAL, THE COMMIS-
SIONER OR A DEPUTY COMMISSIONER; ACTION NOT TO AFFECT CITIZENSHIP STATUS
Sac. 342. The Attorney General is authorized to cancel any certificate of citi-
zenship, certificate of naturalization, copy of a declaration of intention, or other
certificate, document or record heretofore issued or made by the Commissioner or
a Deputy Commissioner or hereafter made by the Attorney General if it shall
appear to the Attorney General's satisfaction that such document or record
was illegally or fraudulently obtained frmn, or was created through Illegality
or by fraud practiced upon, him or the Commissioner or a Deputy Commissioner;
but the person for or to whom such document or record has been issued or made
shall be given at such person's last-known place of address written notice of
the intention to cancel such document or record with the reasons therefor and
shall be given at least sixty days in which to show cause why such document or
record should not be canceled. The cancellation under this section of any docu-
ment purporting to show the citizenship status of the person to whom it was
issued shall affect only the document and not the citizenship status of the person
in whose name the document was issued.
DOCUMENTS AND corrEs ISSUED By THE ATTORNEY GENERAL
Sac. 343. (a) A person who claims to have been naturalized in the United
States under section 323 of the Nationality Act of 1940 may make application to
the Attorney General for a certificate. of naturalization. Upon proof to the
satisfaction of the Attorney General that the applicant is a citizen and that he
has been naturalized as claimed in the application, such individual shall be
furnished a certificate of naturalization by the Attorney General, but only if
the applicant is at the time within the United States.
(b) If any certificate of nattu7alization or citizenship issued to any citizen or
any declaration of intention furnished to any declarant is lost, mutilated, or
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destroyed, the citizen or declarant may make application to the Attorney General
for a new certificate or declaration. If the Attorney General finds that the
certificate or declaration is lost, mutilated, or destroyed, he shall issue to the
applicant a new certificate or declaration. If the certificate or declaration has
been mutilated, it shall be surrendered to the Attorney General before the appli-
cant may receive such new certificate or declaration. If the certificate or
declaration has been lost, the applicant or any other person who shall have, or
may come into possession of it is hereby required to surrender it to the Attorney
General.
(c) The Attorney General shall issue for any naturalized citizen, on such
citizen's application therefor, a special certificate of naturalization for use by
such citizen only for the purpose of obtaining recognition as a citizen of the
United States by a foreign state. Such certificate when issued shall be furnished:
to the secretary of State for transmission to the proper authority in such
foreign state.
(d) If the name of any naturalized citizen_has, subsequent to naturalization,
been changed by order of any court of competent jurisdiction, or by marriage,
the citizen may make application for a new certificate of naturalization in the
new name of such citizen. If the Attorney General finds the name of the appli-
cant to have been changed as claimed, the Attorney General shall issue to the
applicant a new certificate and shall notify the naturalization court of such
action.
(e) The Attorney General is authorized to make and issue certifications of
any part of the naturalization records of any court, or of any certificate of
naturalization or citizenship, for use in complying with any statute, State or
Federal, or in any judicial proceeding. No such certification shall be made by
any clerk of court except upon order of the court.
FISCAL PROVISIONS
Sue. 344. (a) The clerk of court 'shall charge, collect, and account for the
following fees:
(1) For making, filing, and docketing a petition for naturalization, $10,
including the final hearing on such petition, if such hearing be held, and a
certificate of naturalization, if the issuance of such certificate is authorized by
the naturalization court.
(2) For receiving and filing a declaration of intention, and issuing a duplicate
thereof, $5.
(b) The Attorney General shall charge, collect, and account for the follow-
ing fees:
(1) For application. for a certificate of naturalization or declaration of inten-
tion in lieu of a certificate or declaration alleged to have been lost, mutilated, or
destroyed, $5.
? (2) For application for a certificate of citizenship, $5.
(3) For application for the issuance of a special certificate of citizenship to -
obtain recognition, $5.
(4) For application for a certificate of naturalization under section 323 of
the Nationality Act of 1940, or under section 343 (a) of this title, $5.
(5) For application for a certificate- of citizenship in changed name, $5.
(6) Reasonable fees in cases where such fees have not been established by law,
to cover the cost of furnishing copies, whether certified or uncertified, of any part
of the records, or information from the records, of the Service. Such fees shall
not exceed a maximum of 25 cents per folio of one hundred words, with a mini-
mum fee of 50 cents for any one such service, in addition to a fee of $1 for any
official certification furnished under seal. No such fee slain be required from
officers or agencies of the United States or of any State or any subdivision
thereof, for such copies or information furnished for official use in connection
with the offiical duties of such officers or agencies.
(7) Notwithstanding the preceding provisions of this subsection, no fee
shall be charged or collected for an application for declaration of intention
or a certificate of naturalization in lieu of a declaration or a certificate al-
leged to have been lost, mutilated, or destroyed, submitted by a person who
was a member of the military or naval forces of the United States at any
time after April 20, 1898, and before July 5, 1002; or at any time after April 5,
1917, and before November 12, 1918; or who served on the Mexican border
as a member of the Regular Army or National Guard between June 1916
and April 1017; and who has served or hereafter serves in the military, air,
or naval forces of . the United States, after September 16, 1940, and who was
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not at any time during such period or thereafter separated from such forces
under other than honorable conditions, who was not a conscientious objector
who performed no military duty whatever or refused to wear the uniform, or
Who was not at any time during such period or thereafter discharged from
such military, air, or naval forces on account of alienage.
(c) The clerk of any naturalization court specified in subsection (a) of
section 310 (except the courts specified in subsection (d) of this section)
shall account for any pay over to the Attorney General one-half of all fees
up to the sum of $6,000, and all fees in excess of $6,000, collected by any such
clerk in naturalization proceedings in any fiscal year.
(d) The clerk of any United States district court (except in Alaska and
in the District Court of the Virgin Islands of the United States and, in the
District Court of Guam) shall account for any pay over to the Attorney Gen-
eral all fees collected by any such clerk in naturalization proceedings: Pro-
tided, however, That the clerk of the District Court of the Virgin Islands of
the United States and of the District Court of Guam shall report but shall
not be required to pay over to the Attorney General the fees collected by any
such clerk in naturalization proceedings.
(e) The accounting required by subsections (c) and (d) of this section shall
be made and the fees paid over to the Attorney General by such respective
clerks in their quarterly accounts which they are hereby required to render
to the Attorney General within thirty days from the close of each quarter
of each and every fiscal year, in accordance with regulations prescribed by
the Attorney General.
(f) The clerks of the ?various naturalization courts shall pay all additional
clerical force that may be required in performing the duties imposed by this
title upon clerks of courts froth fees retained under the provisions of this sec-
tion by such clerks in naturalization proceedings.
(g) All fees collected by the Attorney General and all fees paid over to
the Attorney General by clerks of courts under the provisions of this title shall
be deposited by the Attorney General in the Treasury of the United States:
Provided, however, That all fees received from applicants residing in the
Virgin Islands of the United States, and in Guam, required to be paid under
subsection (b) of this section, shall be paid over to the treasury of the Virgin
Islands and to the treasury of Guam, respectively.
(h) During the time when the United States is at war no clerk of a United
States court shall charge or collect a naturalization fee from an alien in the
military, air, or naval service of the United States for filing a petition for
naturalization or issuing a certificate of naturalization upon admission to
citizenship, and no clerk of any State court shall charge or collect any fee
for such services unless the laws of the State require such charge to be made,
in which case nothing more than the portion of the fee required to be paid to the
State shall be charged or collected. A report of all transactions under this
subsection shall be made to the Attorney General as in the case of other reports
required of clerks of courts by this title.
(1) In addition to the other fees required by this title, the petitioner for
naturalization shall, upon the filing of a petition for naturalization, deposit
with and pay to the clerk of court a sum of money sufficient to cover the
expenses of subpenaing and paying the legal fees of any witnesses for whom such
petitioner may request a subpena, and upon the final discharge of such witnesses,
they shall receive, if they demand the same from the clerk, the customary and
usual witness fees from the moneys which the petitioner shall have paid to
such clerk for such purpose, and the residue, of any, shall be returned by the
clerk to the petitioner.
MAIL RELATING TO NATURALIZATION TRANSMITTED 'FREE OF POSTAGE AND REGISTERED
Sac. 345. All mail matter of whatever class, relating to naturalization, includ-
ing- duplicate papers required by law or regulation to be sent to the Service by
clerks of courts addressed to the Department of Justice or the Service, or any
official thereof, and endorsed "Official Business", shall be transmitted free of
postage and, if necessary, by registered mail without fee, and so marked.
AUTHORIZATION GRANTED FOR PIIIHICAI ION AND DISTRIBUTION OF CITIZENSHIP
TEXTBOOKS FROM NATURALIZATION FEES
SEc. 340: Authorization is heteby granted for the publication and distribution
of the citizenship textbook described in subsection (b) of section 332 and for the
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reimbursement of the appropriation of the Department of Justice upon the records
of the Treasury Department from the naturalization fees deposited in the Treas-
ury through the Service for the cost of such publication and distribution, such
reimbursement to be made upon statements by the Attorney General of books'
so published and distributed.
COMPILATION OF NATURALIZATION STATISTICS AND PAYMENT FOR EQUIPMENT
SEC. 347. The Attorney General is authorized and directed to prepare from
the records in the cuStody of the Service a report upon those heretofore seeking
citizenship to show by nationalities their relation to the numbers of aliens
annually arriving and to the prevailing census populations of the foreign-born,
their edonomic, vocational, and other classification, in statistical form, with
analytical comment thereon, and to prepare such report annually hereafter.
Payment for the equipment used in preparing such compilation shall be made
from the appropriation for the enforcement of this Act by the Service.
ADMISSIBILITY IN EVIDENCE OF TESTIMONY AS TO STATEMENTS VOLUNTARILY MADE
TO OFFICERS OR EMPLOYEES IN THE COURSE OF TIIEIR OFFICIAL DUTIES
SE0. 348. (a) It shall be lawful and admissible as evidence in any proceedings
founded under this title, or any of the penal or criminal provisions of any law
relating to immigration, naturalization, or citizenship, for any officer or em-
ployee of the United States to render testimony as to any statement voluntarily
made to such officer or employee in the course of the performance of the official
duties of such officer or employee by any defendant at the time or subsequent to
the alleged commission of any crime or offense which may tend to show that
such defendant did not have or could not have had knowledge of any matter
concerning which such de;endant is shown to have made affidavit, or oath, or to
have been a witness pursuant to such law or laws.
(b) In ease any clerk of court shall refuse or neglect to comply with any of -
the provisions of section 339 (a), (b), or (c), such clerk of court shall forfeit
and pay to the United States the sum of $25 in each and every case in which
such violation or omission occurs and the amount of such forfeiture may be
recovered by the United States in a civil action against such clerk.
(c) If any clerk of court shall fail to return to the Service or properly account
for any certificate of naturalization furnished by the Service as provided in
subsection (d) of section 339, such clerk of court shall be liable to the United
States in the sum Of $50, to be recovered in a civil action, for each and every
such certificate not properly accounted for or returned.
CHARTER 3?Loss OF NATIONALITY
LOSS OF NATIONALITY BY NATIVE-I3ORN OF NATURALIZED CITIZEN
SEC. 349. (a) From and after the 'effective date of this Act a person who
is a national of the United States whether by birth or naturalization, shall lose
his nationality by?
(1) obtaining naturalization in a foreign state upon his own application,
upon an application filed in his behalf by a parent, guardian, or duly author-
ized agent, or through the naturalization of a parent having legal custody
of such person: Provided, That nationality shall not be lost by any person
under this section as the result of the naturalization of a parent or parents
while such person is under the age of twenty-one years, or as the result of a
naturalization obtained on behalf of a person under twenty-one years of
age by a parent, guardian, or duly authorized agent, unless such person shall
fail to enter the United States to establish a permanent residence prior to
his twenty-fifth birthday: And provided further,. That a person who shall
have lost nationality prior to January 1, 1948, through the naturalization in
a foreign state of a parent or parents, may, within one year from the effec-
tive date of this Act, apply for a visa and for admission to the United States
as a nonquota immigrant under the provisions of section 101 (a) (27) (B) ;
or
(2) taking an oath or making an affirmation or other formal declaration
of allegiance to a foreign state or a political subdivision thereof; or
(3) entering, or serving in, the armed forces of a foreign state unless,
prior to such entry or service, such entry or service is specifically author-
ized in writing by the Secretary of State and the Secretary of Defense:
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. Provided, That the entry into such service by a person prior to the attain-
ment of his eighteenth birthday shall serve to expatriate such person only
if there exists an option to secure a release from such service and such per-
son fafls to exercise such option at the attainment of his eighteenth birthday;
or
(4) (A) accepting, serving in, or performing the duties of any office, post,
or employment under the government of a foreign state or a political sub-
division thererof, if he has or acquires the nationality of such foreign state;
or (.13) accepting, serving in, or performing the duties of any office, post,
or employment under the government of a foreign state or a political sub-
division thereof, for which office, post, or employment an oath, affirmation, or
declaration of allegiance is required; or
(5) voting in a political election in a foreign state or participating in an
election or plebiscite to deter.mine the sovereignty over foreign territory; or
? (6) making a formal renunciation of nationality before a diplomatic or
consular officer of the United States in a foreign state, in such form as may
be prescribed by the Secretary of State; or
(7) making in the United States a formal written renunciation of na-
tionality in such form as may be prescribed by, and before such officer as may
be designated by, the Attorney General, whenever the United States shall
be in a state of war and the Attorney General shall approve such renuncia-
tion as not contrary to the interests of national defense; or
(8) deserting the military, air, or naval forces of the United States in
? time of war, if and when he is convicted thereof by court martial and as
the result of such conviction is dismissed or dishonorably discharged from
the service of such military, air, or naval forces: Provided, That, notwith-
standing loss of nationality or citizenship under the terms of this or previous
laws by reason of desertion committed in time of war restoration to active
duty with such military, air, or naval forces in time of war or the reenlist-
ment or induction of such a person in time of war with permission of com-
petent military, air, or naval authority shall be deemed to have the immedi-
ate effect of restoring such nationality or citizenship heretofore or here-
after so lost; or
(9) committing any act of treason against, or attempting by force to over-
throw, or bearing arms against, the United States if and when he is con-
victed thereof by a court martial or by a court of competent jurisdiction; or
(10) departing from or remaining outside of the jurisdiction of the
United States in thne of war or during a period declared by the President
to be a period of national emergency for the purpose of evading or avoid-
ing training and service in the military, air, or naval forces of the United
States. For the purposes of this paragraph failure to comply with any pro-
vision of any compulsory service laws of the United States shall raise the
presumption that the departure from or absence from the United States was
for the purpose of evading or avoiding training and service in the military,
air, or naval forces of the United States.
(b) Any person who commits or performs any act specified in subsection (a)
shall be conclusively presumed to have done so voluntarily and without having
been subjected to duress of any kind, if such person at the time of the act was a
national of the state in which the act was performed and had been physically
present in such state for a period or periods totaling ten years or more immedi-
ately prior to such act.
DITAI NATIONALS; DIVESTITURE OF NATIONALITY
SEC. 350. A person who acquired at birth the nationality of the United States
and of a foreign state and who has voluntarily sought or claimed benefits of
the nationality of any foreign state shall lose his United States nationality
by hereafter having a continuous residence for three years in the foreign state
of which he is a national by birth at any time after attaining the age of twenty-
two years unless he shall?
(1) prior to the expiration of such three-year period, take an oath of
allegiance to the United States before a United States diplomatic or con-
sular officer in a manner prescribed by the Secretary of State; and
(2) have his residence outside of the United States solely for one of the
reasons set forth in paragraph (1), (2), (4), (5), (6), (7), or (8) of section
353, or paragraph (1) or (2) of section 354 of this title: Provided, however,
That nothing contained in this section shall deprive any person of his
United States nationality if his foreign residence shall begin after he shall
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have attained the age of sixty years and shall have had his residence in
the United States for twenty-five years after having attained the age of
eighteen years.
RESTRICTIONS ON EXPATRIATION
. SEC. 351. (a) Except as provided in paragraphs (7), (8), and (9) of section
349 of this title, no national of the United States can expatriate himself, or be
expatriated, under this Act while within the United States or any of its outlying
possessions, but expatriation shall result from the performance within the
United States or any of its outlying possessions of any of the acts or the ful-
fillment of any of the conditions specified in this chapter if and when the
national thereafter takes up a residence outside the United States and its out-
lying possessions.
(b) A. national who within six months after attaining the age of eighteen
years asserts his claim to United States nationality, in such manner as the
Secretary of State shall by regulation prescribe, shall not be deemed t.(, !lave
expatriated himself by the commission, prior to his eighteenth birthday, of any
of the acts specified in paragraphs (2), (4), (5), and (6) of section 349 (a) of
this title.
LOSS OF NATIONALITY BY NATURALIZED NATIONAL
SEC. 352, (a) A person who has become a national by naturalization shall lose
his nationality by?
(1) having a continuous residence for three years in the territory of a*
foreign state of which he was formerly a national or in which the place
of his birth is situated, except as provided in section 253 of this title,
whether such residence? comMenced before or after the effective date of
this Act;
(2) having a continuous residence for five years in any other foreign
state or states, except as provided in sections 353 and 354 of this title,
whether such residence commenced before or after the effective date of this
Act.
(b) (1) For the purpose of paragraph (1) of subsection (a) of this section,
the time during which the person had his residence abroad solely or principally
for a reason or purpose within the scope of any provisions of section 353 shall not
be counted in computing quantum of residence.
(2) For the purpose of paragraph (2) of subsection (a) of this section, the
time during which the person had his residence abroad solely or principally for
a reason or purpose within the scope of any provision of sections 353 and 354
shall not be counted in computing quantum of residence.
SECTION 352 NOT EFFECTIVE AS TO CERTAIN PERSONS
SEC. 353. Section 352 (a) shall have no application to a national who----
(1) has his residence abroad in the employment of the Government of
the United States: or
(2) is receiving compensation from the Government of the United States
and has his residence abroad on account of disability incurred in its
service; or
(3) shall have had his residence in the United States for not less than
twenty-five years subsequent to his. naturalization and shall have attained
the age of sixty years when the foreign residence is established; or
(4) had his residence abroad on October 14, 1940, and temporarily has
his residence abroad, or who thereafter has gone or goes abroad and tem-
porarily has his residence abroad, solely or principally to represent a bona
fide American educational, scientific, philanthropic, commercial, financial,
or business organization, having its principal office or place of business in
the United States, or a bona fide religious organization having an office and
representative in the United States, or an international agency of an official
character in which the United States participates, for which he receives a
substantial compensation ? or
(5) has his residence abroad and is prevented from returning to the United
States exclusively (A) by his own ill health; or (B) by the ill health
of his parent, spouse, or child who cannot be brought to the United States,
whose condition requires his personal care and attendance: Provided, That
.in such case the person having his residence abroad shall, at least every
six months, register at the appropriate Foreign Service office and submit
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IMMIGRATION AND NATIONALITY ACT 93
evidence satisfactory to the Secretary of State that his case continues to
meet the requirements of this subparagraph; or (C) by reason of the death
of his parent, spouse, or child: Provided, That in the case of the death of
such parent, spouse, or child the person having his residence abroad shall
return to the United States within six months after the death of such
relative; or
(6) has his residence abroad for the purpose of pursuing a full course of
study of a specialized character or attending full-time an institution of
learning of a grade above that of a preparatory school: Provided, That such
residence does not exceed five years; or
(7) is the spouse or child of an American ciitzen, and who has his resi-
dence abroad for the purpose of being with his American citizen spouse or
parent who has his residence abroad for one of the objects or causes specified
in paragraph (1), (2), (3), (4), (5), or (6) of this section, or paragraph
(2) of section 354 of this title; or
(8) is the spouse or child of an American national by birth who while
under the age of twenty-one years had his residence in the United States
for a period or periods totaling ten Years, and has his residence abroad
for the purpose of being with said spouse or parent; or
(9) was born in the United States or one of its outlying possessions, who
originally had American nationality and who, after having lost such
nationality through marriage to an alien, reacquired it; or
(10) has, by Act of Congress or by treaty, United States nationality solely
by reason of former nationality and birth or residence in an area outside
the continental United States: Provided, That subsections (b) and (c) of
section 404 of the Nationality Act of 1940, as amended (8 U. S. C. 804 (b)
and (c) ), shall not be held to be or to have been applicable to persons
defined in this paragraph.
SECTION 352 (A) (2) NOT APPLICABLE AS TO CERTAIN PERSONS
SEC. 354. Section 352 (a) (2) of this title shall have no application to a
national?
(1) who is a veteran of the Spanish-American War, World War I, or
World War II, and the spouse, children, and dependent parents of such
veteran whether such residence in the territory of a foreign state or states
commenced before or after the effective date of this Act: Provided, That
any such veteran who upon the date of the enactment of this Act has had
his residence continuously in the territory of a foreign state of which he
was formerly a national or in which the place of his birth is situated for
three years or more, and who has retained his United States nationality
solely by reason of the provisions of section 406 (h) of the Nationality Act
of 1940, shall not be subject to the provisions or requirements of section
352 (a) (1) of this title: Provided further, That the provisions of section
404 (c) of the Nationality Act of 1940, as amended, shall not be held to
be or to have been applicable to veterans of World War II;
(2) who has established to the satisfaction of the Secretary of State,
as evidenced by possession of a valid unexpired United States passport or
other valid document issued by the Secretary of State, that his residence
is temporarily outside of the United States for the purpose of (A) carrying
on a commercial enterprise which in the opinion of the Secretary of State
will directly and substantially benefit American trade or commerce; or
(B) carrying on scientific research on behalf Of an institution accredited
by the Secretary of State and engaged in research which in the opinion
of the Secretary of State is directly and substantially beneficial to the
interests of the United States; or (C) engaging in such work or activities,
under such unique or unusual circumstances, as may be determined-by
the Secretary of State to be directly and substantially beneficial to the
interests of the United States;
(3) who is the widow or widower of a citizen of the United Stakes and
who has attained the age of sixty years, and who has had a residence out-
side of the United States and its outlying possessions for a period of not
less than ten years during all of which period a marriage relationship has
existed with a spouse who has had a residence outside of the United States
and its outlying possessions in an occupation or capacity of the type des-
ignated in paragraphs (1) , (2), (3), (4), or (5) (A) of section 353, or
paragraphs (1), (2), or (4) of this section;
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94 IMMIGRATION AND NATIONALITY PACT
(4) who has attained the age of sixty years, and has hada residence out-
side of the United States and its outlying possessions for not less than ten
years, 'during all of which period he has been engaged in an occupation.
of the type designated in paragraphs (1), (2), or (4) of section 353, or
paragraph (2) of this. section, and who is in bona fide retirement from
such occupation; or
(5) who shall have had his residence in the United States for not less
than twenty-five years subsequent to his naturalization and prior to the
establishment of his foreign residence.
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LOSS OF AMERICAN NATIONALITY THROUGH PARENT'S EXPATRIATION ; NOT EFFECTIVE
UNTIL PERSON ATTAINS AGE OF TWENTY-FIVE YEARS
SEC. 355. A person having United States nationality, who is under the age
of twenty-one and whose residence is in a foreign state with or under the legal
.custody of a parent who hereafter loses United States nationality under section
350 or 352 of this title, shall also lose his United States nationality if such person
has or acquires the nationality of such foreign state: Provided, That, in. such
Case, United States nationality shall not be lost as the result of loss of United
States nationality by the parent unless and until the person attains the age of
twenty-five years without having established his residence in the United States.
NATIONALITY LOST SOLELY FROM PERFORMANCE OF ACTS OR FULFILLMENT OF
CONDITIONS
SEC. 356. The loss of nationality under this chipter shall result solely from
,the performance by a national of the acts or fulfillment of the conditions speci-
fied in this chapter.
APPLICATION OF TREATIES; EXCEPTIONS
SEC. 357. Nothing in this title shall be applied in contravention of the provisions
of any treaty or convention to which the United States is a party and which has
been ratified by the Senate upon the effective date of this title: Provided, however,
That no woman who was a national of the United States shall be deemed to have
lost her nationality solely by reason of her marriage to an alien on or after
September 22, 1922, or to an alien racially ineligible to citizenship on or after
March 3, 1931, or, in the case of a woman who was a United States citizen at
birth, through residence abroad following such marriage, notwithstanding the
proviSions of any existing treaty or convention.
CHAPTER 1?MISCELLANEOUS
CERTIFICATE OF DIPLOMATIC Olt CONSULAR OFFICER OF THE UNITED STATES AS TO LOSS
OF AMERICAN NATIONALITY UNDER CHAPTER IV, NATIONALITY ACT OF 1940, OR
UNDER CHAPTER 3 OF THIS TITLE
SEC. 358. 'Whenever a diplomatic or consular officer of the United States has
reason to believe that a person while in a foreign state has lost his United States
nationality under any provision of chapter 3 of this title, or under any provision
of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts
upon which such belief is based to the Department of State, in writing, under
regulations prescribed by the Secretary of State. If the report of the diplomatic
or consular officer is approved by the Secretary of State, a copy of the certificate
shall be forwarded to the Attorney General, for his information, and the diplo-
matic or consular office in which the report was made shall be directed to forward
a copy of the certificate to the person to whom it relates.
CERTIFICATION OF NATIONALITY TO BE ISSUED BY THE SECRETARY OF STATE FOR A
PERSON NOT A NATURALIZED CITIZEN OF THE UNITED STATES FOR USE IN PROCEEDINGS
OF A FOREIGN STATE
SEC. 359. The Secretary of State is hereby authorized to issue, in his discretion
and in accordance with rules and regulations prescribed by him, a certificate of
nationality for any person not a naturalized citizen of the United States who
presents satisfactory evidence that he is an American national and that such
certificate is needed for use in judicial or administrative proceedings in a foreign
state. Such certificate shall be solely for use in the case for which it was issued
and shall be transmitted by the Secretary of State through appropriate official
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IMMIGRATION AND NATIONALITY ACT 95
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channels to the judicial or administrative officers of the foreign state in which it
is to be used.
PROCEEDINGS FOR DECLARATION OF UNITED STATES NATIONALITY IN THE EVENT OF
DENIAL OF RIGHTS AND PRIVILEGES AS NATIONAL
SEC. 360. (a) If any person who is within the United States claims a right or
.privilege as a national of the United States and is denied such right or privilege
by any department or independent agency, or official thereof, upon the ground
that he is not a national of the United States, such person may institute an action
under the provisions of section 2201 of title 28, United States Code, against the
head of such department or independent agency for a judgment declaring him to
be a national Of the United States, except that no such action may be instituted
-in any case if the issue of such person's status as a national of the United States
(1) arose by reason of, or in connection with any exclusion proceeding under the
provisions of this or any other act, or (2) is in issue in any such exclusion
proceeding. An action under this subsection may be instituted only within five
?years after the final administrative denial of such right or privilege and shall
be filed in the district court of the United States for the district in which such
person resides or claims a residence, and jurisdiction over such officials in such
cases is hereby conferred upon those courts.
(b) If any person who is not within the United States claims a right or
privilege as a national of the United States and is denied such right Or privi-
lege by any department or independent agency, or official thereof, upon the
ground that he is not a national of the United States, such person may make
'application to a diplomatic or consular officer of the United States in the foreign
'country in which he is residing for a certificate of identity for the purpose of
'traveling to a port of entry in the United States and applying for admission.
,Upon proof to the satisfaction of such diplomatic or consular officer that such
application is made in good faith and has a substantial basis, he shall issue
to such person a certificate of identity. From any denial of an application
:for such certificate the applicant shall be entitled to an appeal to the Secretary
of State, who, if he approves the denial, shall state in writing his reasons for
his decision. The Secretary of State shall prescribe rules and regulations
for the issuance of certificates of identity as above provided. The provisions of
this subsection shall be applicable only to a person who at some time prior to
his application for the certificate of identity has been physically present in the
United States, or to a person under sixteen years of age who was born abroad
of a United States citizen parent.
(c) A person who has been issued a certficate of identity under the provisions
of Subsection (b), and while in possession thereof, may apply for admission
to the United States at any port of entry, and shall be subject to all the provi-
sions of this Act relating to the conduct of proceedings involving aliens seeking
admission to the United States. A final determination by the Attorney General
that any such person is not entitled to admission to the United States shall
be subject to review by any court of competent jurisdiction in habeas corpus
proceedings and not otherwise. Any person described in this section who is
finally excluded from admission to the United States shall be subject to all the
provisions of this Act relating to aliens seeking admission to the United States.
TITLE IV?MISCELLANEOUS
JOINT CONGRESSIONAL CommipTEE
SEC. 401. (a) There is hereby established a joint congressional committee
to be known as the Joint Committee on Immigration and Nationality Policy
(hereinafter referred to as the "Committee") to be composed of ten members
as follows: (1) five members who are members of the Committee on the Judi-
ciary of the Senate, three from the majority and two from the minority party
to be appointed by the President of the Senate ; and (2) five members who are
members of the Committee on the Judiciary of the House of Representatives,
three from the majority and two from the minority party to be appointed by
the Speaker of the House of Representatives.
(b) No person shall continue to serve as a member of the Committee after he
has ceased to be a member of the Committee on the Judiciary of either the
.Senate or the House of Representatives.
(c) A. vacancy in the membership of the Committee shall be filled in the same
manner as the original selection and the Committee shall elect a Chairman
from among its members.
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IMMIGRATION AND NATIONALITY ACT
(d) It shall be the function of the Committee to make a continuous study
of (1) the administration of this Act, and its effect on the national security, the
economy, and the social welfare of the United States, and (2) such conditions
within or without the United States which in the opinion of the Committee might
have any bearing on the immigration and nationality policy of the United
States.
(e) The Committee shall make from time to time a report to the Senate and
the House of Representatives concerning the results of its studies together with
such recommendations as it may deem desirable.
(f) The Secretary of State and the Attorney General shall without delay
submit to the Committee all regulations, instructions, and all other information
as requested by the Committee relative to the administration of this Act; and
the Secretary of State and the Attorney General shall consult with the Com-
mittee from time to time with respect to their activities under this Act.
(g) The Committee or any duly authorized Subcommittee thereof is author-
ized to hold such hearings; to sit and act at such times and places; to require
by subpena or otherwise the attendance of such witnesses and the production
of such books, papers, and documents; to administer such oaths; to take such
testimony; to procure such printing and binding as it deems advisable. The
provisions of sections 102 and 104, inclusive, of the Revised Statutes shall apply
in case of any failure of any witnesses to comply with any subpena or to testify
when summoned under the authority of this Act.
(h) The members of the Committee shall serve without compensation in
addition to that received for their services as Members of Congress but they shall
be reimbursed for travel, subsistence, and other expenses incurred by them in
the performance of the duties vested in the Committee other than expenses in
connection with meetings of the Committee held in the District of Columbia
during such times as the Congress is in session.
(i) The Committee is authorized, without regard to the civil service laws or
the Classification Act of 1949, to appoint and fix the compensation of such clerks,
experts, consultants, and clerical and stenographic assistants as it deems neces-
sary and advisable. The Committee is authorized to reimburse the members
of its staff for travel, subsistence and the other necessary expenses incurred by
them in the performance of the duties vested in the Committee other than ex-
penses in connection with meetings of the Committee held in the District of Co-
lumbia during such times as the Congress is in session. The chairman of thc
Committee on the Judiciary of the Senate and the chairman of the Committee on
the Judiciary of the House of Representatives may assign members of the staff of
the said committees to serve on the staff of the Committee, without additional
compensation, except for the reimbursement of expenses incurred by such staff
members as prescribed in this subsection.
(j) The expenses of the Committee shall be paid one-half from the contingent
fund of the Senate and one-half from the contingent fund of the House of Repre-
sentatives, upon vouchers signed by the Chairman of the Committee or by any
member of the Committee duly authorized by the Chairman.
(k) This section shall take effect on the date of the enactment of this Act.
AMENDMENTS TO OTHER LAWS
SEC. 402. (a) Section 1546 of title 18 of the United States Code is amended to
read as follows:
"? 1546. Fraud and misuse of visas, permits, and other entry documents
"Whoever, knowingly forges, counterfeits, alters, or falsely makes any immi-
grant or nonimmigrant visa, permit, or other document required for entry into
the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or
receives any such visa, permit, or document, knowing it to be forged, counter-
feited, altered, or falsely made, or to have been procured by means of any false
claim or statement, or to have been otherwise procured by fraud or unlawfully
obtained; or
"Whoever, except under direction of the Attorney General or the Commis-
sioner of the Immigration and Naturalization Service, or other proper officer,
knowingly possesses any blank permit, or engraves, sells, brings into the United
States, or has in his control or possession any plate in the likeness of a plate
designed for the printing of permits, or makes any print, photograph, or impres-
sion in the likeness of any immigrant or nonimmigrant visa, permit or other
document required for entry into the United States, or has in his possession a
distinctive paper which has been adopted by the Attorney General or the Corn-
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missioner of the Immigration and Naturalization Service for the printing of such
visas, permits, or documents; or
"Whoever, when applying for an immigrant or nonimmigrant visa, permit, or
other document required for entry into the United States, or for admission to the
United States personates another, or falsely appears in the name of a deceased
Individual, or evades or attempts to evade the immigration laws by appearing
under an assumed or fictitious name without disclosing his true identity, or sells
or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such
visa, permit, or other document, to any person not authorized by law to receive
such document; or
"Whoever knowingly makes under oath any false statement with respect to a
material fact in any application, affidavit, or other document required by the
immigration laws or regulations prescribed thereunder, or knowingly presents
any such application, affidavit, or other document .containing any such false
statement?
"Shall be fined not more than $2,000 or imprisoned not more than five years,
or both."
(b) Chapter 69 of title 18, United States Code, is amended by adding after sec-
tion 1428 the following new section:
"SEC. 1429. Penalties for neglect or refusal to answer subpena.
"Any person who has been subpenacd under the provisions of subsection (e) of
section 336 of the Immigration and Nationality Act to appear at the final hear-
ing of a petition for naturalization, and who shall neglect or refuse to so appear
and to testify, if in the power of such person to do so, shall be fined not more than,
$5,000 or imprisoned not more than five years, or both."
(c) Section 1114 of title 18, United States Code, is amended by deleting the
language "any immigrant inspector or any immigration patrol inspector" and by
substituting therefor the language "any immigration officer".
(d) Subsection (c) of section 8 of the Act of June 8, 1938 (52 Stat. 631; 22
U. S. C. 611-621), entitled "An Act to require the registration of certain persons
employed by agencies to disseminate propaganda in the United States, and for
other purposes", as amended, is hereby further amended by deleting the language
"sections 19 and 20 of the Immigration Act of 1917 (39 Stat. 889, 890), as
amended." and by substituting therefor the language "sections 241, 242, and 243
of the Immigration and Nationality Act."
(e) Section 4 of the Act of June 30, 1950 (Public Law 597, Eighty-first Congress,
second session), entitled "An Act to provide for the enlistment of aliens in the
regular army" is amended to read as follows:
"SEc. 4. Notwithstanding the dates or periods of service specified and designated
in section 329 of the Immigration and Nationality Act, the provisions of that
section are applicable to aliens enlisted or reenlisted pursuant to the provisions
of this Act and who have completed five or more years of military service, if
hon-rrd-dy clicharged therefrom. Any alien enlisted or reenlisted pursuant to the
provisions of this Act who subsequently enters the United States, American
Samoa, Swains Island, or the Canal Zone, pursuant to military orders shall, if
otherwise qualified for citizenship, and after completion of five or more years of
military service, if honorably discharged therefrom, be deemed to have been
lawfully admitted to the United States for permanent residence within the
meaning of such section 329 (a)."
(f) Section 201 of the Act of January 27, 1948 (Public Law 402, Eightieth
Congress, second session, 62 Stat. 6) entitled "An Act to promote the better under-
standing of the United States among the peoples of liie World and to strengthen
cooperative international relations" is amended ho road as follows:
"SEc. 201. The Secretary is authorized to provide for interchanges on a re-
ciprocal basis between the United States and other ,-.ount of students, trainees,
teachers, guest instructors, professors, and leaders in fi?Ids of specialized knowl-
edge or skill and shall wherever possible provide these interchanges by using
the services of existing reputable agencies which are successfully engaged in such
activity. The Secretary may provide for orientation courses and other appropri-
ate services for such persons from other countries upon their arrival in the United
States, and for such persons going to other countries from the United States.
When any country fails or refuses to cooperate in such program on a basis of reci-
procity the Secretary shall terminate or limit such program, with respect to such
country, to the extent he deems to be advisable in the interests of the United
States. The persons specified in this section shall be admitted as nonimmigrants
under section 101 (a) (15) of the Immigration and Nationality Act, for such time
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and under such conditions as may be prescribed by regulations promulgated by the
Secretary of State and the Attorney General. A person admitted under this sec-
tion who fails to maintain the status under which he was admitted or who fails to
depart from the United States at the expiration of the time for which he was
admitted, or who engages in activities of a political nature detrimental to the
interests of the United States, or in activities not consistent with the security of
the United States, shall, upon the warrant of the Attorney General, be taken
into custody and promptly deported pursuant to sections 241, 242, and 243 of the
Immigration and Nationality Act. Deportation proceedings under this section
shall be summary and the findings of the Attorney General as to matters of fact
shall be conclusive. Such persons shall not be eligible for suspension of deporta-
tion under section 244 of the Immigration and Nationality Act."
(g) Paragraph 7 of section 1 of the Act of February 4, 1887, as amended (24
:Stat. 379; 54 Stat. 809; 62 Stat. 002; 49 U. S. C. 1 (7) ),is further amended by delet-
ing the words "immigration inspectors" and by substituting therefor the words
"immigration officers".
(h) (1) The first sentence of subsection (c) of section 3 of the Act of June
_25, 1948, as amended (82 'Stat. 1009; 64 Stat. 219), is amended by deleting there-
from the language "from the immigration quota for the country of the alien's
nationality as defined in section 12 of the Immigration Act of May 26, 1924
(8 U. S. C. 212)" and by substituting therefor the language "from the annual
quota to which an immigrant is chargeable as provided in section 202 of the
Immigration and Nationality Act,".
(2) The second proviso to subsection (c) of section 3 of the Act of June 25,
1948, as amended (62 Stat. 1000; 64 Stat. 219), is amended by deleting the lan-
guage "as defined in section 6 of the Act of May 20, 1924, as amended (8 U. S. C.
206)," and by substituting therefor "as provided in section 203 (a) (4) of the
Immigration and Nationality Act,".
(3) The proviso to section 4 (a) of the Act of June 25, 1948, as amended, is
amended by deleting the language "the immigration quota of the country of the
alien's nationality as defined in section 12 o the Immigration Act of May 26,
1924," and by substituting therefor the language 'the annual quota to which
an immigrant is chargeable as provided in section 202 of the Immigration and
Nationality Act,".
(4) Section 5 of the Act of June 25, 1948, as amended (62 Stat. 1009; Public
Law 60, Eighty-second Congress), is amended to read as follows:
"Sao. 5. The quota to which an alien is chargeable for the purposes of this
Act shall be determined in accordance with the provisions of section 202 of the
Immigration and Nationality Act and no eligible displaced person shall be
issued an immigrant visa if he is known or believed by the consular officer
to be subject to exclusion from the United States under any provision of the
Immigration laws, with the exception of section 212 (a) (14) of the Imthigration
and Nationality Act; and all eligible displaced persons, eligible displaced orphans
and orphans under section 2 (f) shall be exempt from paying visa fees and
head taxes."
(5) Section 6 of the Act of June 25, 1948, as amended (62 Stat. 1009; 64
Stat. 219), is further amended by deletino.b the language "section 6 of the Immi-
gration Act of 1924, as amended (8 U. 8.C. 206) ," and by substituting therefor
the language "section 203 of the Immigration and Nationality Act,". The last
sentence of section 6 of the Act of June 25, 1948, is amended by deleting the
language "sections 19 and 20 of the Immigration Act of February 5, 1917, as
amended," and by substituting therefor the language "sections 241, 242, and 243
of the Immigration and Nationality Act."
(0) The first sentence of subsection (a) of section 12 of the Act of June 25,
1948, as. amended (62 Stat. 1009; 64 Stat. 219), is amended by deleting the
language "section 12 of the Act of May 26, 1924, as amended," and by substituting
therefor the language "section 202 of the Immigration and Nationality Act,".
Subsection (b) of section 12 of the Act of June 25, 1948, as amended (62 Stat.
1009; 64 Stat. 219), is amended by deleting the language "section 11 (f) of the
Immigration Act of May 26, 1921 (8 U. S. C. 211) ," and by substituting therefor
the language "section 201 of the Immigration and Nationality Act,". Subsection
(b) of section 12 of the Act of June 25, 1948, as amended, is amended by deleting
the language "from the immigration quota of the country of nationality of the
person who receives the visa as defined in section 12 of the Immigration Act of
May 26, 1924 (8 U. S. 0.212)" and by substituting therefor the language "from
the annual quota to which the person who receives the visa Is chargeable as
provided in section 202 of the Immigration and Nationality Act". The last
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.sentence of subsection (c) of section 12 of the Act of June 25, 1948, as amended,
is further amended to read as follows:
"Those provisions of section 5 of this Act which relate to section 212 (a) (14)
of the Immigration and Nationality Act shall be applicable to persons whose
admission is authorized under the provisions of this section."
(1) (1) Section 1 of the Act of March 2,1031 (46 Stat. 1467; 8 U. S. C. 109a), is
.amended by deleting the word "inspectors" and by substituting therefor the
words "immigration officers".
(2) The Act of August 22, 1940 (54 Stat. 858; 8 U. S. C. 109c), is amended by de-
leting the word "inspectors" and by substituting therefor the words "immigra-
tion officers". -
(j) Public Law 114, Eighty-second Congress, first session, is hereby amended
to read as follows:
"That a person who, while a citizen -of the United States, has lost citizenship
of the United States solely by reason of having voted in a political election or
plebiscite held in Italy between January 1, 1946, and April 18, 1948, inclusive,
and who has not subsequent to such voting committed any act which, had he
remained a citizen, would have operated to expatriate him, may be naturalized
by taking, prior to two years from the enactment of this Act, before any natural-
ization court specified in subsection (a) of section 310 of the Immigration and
Nationality Act, or before any diplomatic or consular officer of the United States
abroad, the oath required by section 337 of the Immigration and Nationality Act.
Certified copies of such oath shall be sent by such diplomatic or consular officer or
such court to the Department of State and to the Department of Justice. Such
person shall halve, from and after naturalization under this section, the same
citizenship status as that which existed immediately prior to its loss: Provided,
That no such person shall be eligible to take the oath required by section 337
of the Immigration and Nationality Act unless he shall first take an oath before
any naturalization court Specified in subsection (a) of section 310 of the Immi-
gration. and Nationality Act, or before any diplomatic or consular officer of the
United States abroad, that he has done nothing to promote the cause of commu-
nism. The illegal or fraudulent procurement of naturalization under this
amendment shall be subject to cancellation in the same manner as provided in
section 340 of the Immigration and Nationality Act.
"Sue. 2. The Act of August 7, 1946 (Public Law 614; 60 Stat. 866), is hereby
repealed."
LAWS. REPEALED
SEC. 403. (a) The following Acts and all amendments thereto and parts of Acts
and all amendments thereto are repealed:
(1) Section 2164 of the Revised Statutes ( 8 U. S. C. 135) ;
(2) Act of February 26, 1885 (23 Stat. 332) ;
(3) Second paragraph under the heading "Treasury Department" in Act of
October 19, 1888 (25 Stat. 567; 8 U. S. C. 140) ;
(4) Second and fourth sentences of section 7 of the Act of March 3, 1891 (26
Stat. 1085; 8 U. S. C. 101) ;
(5) Section 8 of Act of March 3, 1893 (27 Stat. 570; 8 U. S. C. 172) ;
(6) The last paragraph of section 10 of Act of April 30, 1900 (31 Stat. 143;
48 U. S. C. 504) ;
(7) Section 3 of Act of April 29, 1902 (32 Stat. 177) ;
(8) The proviso to the paragraph headed "Bureau of Immigration" under
caption "Department of Commerce and Labor" in Act of February 3, 1905 (33
Stat. 684) ;
(9) The proviso to the paragraph headed "Enforcement of Chinese Exclusion
Act" under caption "Department of Commerce and Labor" in Act of March 3,
1905 (33 Stat. 1182) ;
(10) Section 2 (e) of Act of February 9, 1909 (35 Stat. 614; 42 Stat. 596;
21 U. S. C. 175) ;
(11) The last proviso to the first paragraph headed "Expenses of Regulating
Immigration" under caption "Department of Commerce and Labor" in the Act
of March 4,1909 (35 Stat. 982; 8 U. S. C. 133) ;
(12) The proviso to the first paragraph headed "Immigration Service" under
caption "Department of Commerce and Labor" in the Act of March 4, 1911
(36 Stat. 1442) ;
(13) Act of February 5, 1917 (39 Stat. 874) ;
(14) Section 5b of Act of March 2, 1917 (39 Stat. 951; 48 Stat. 1245; 48 U. S.
0: 733a-1) ;
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(15) Act of May 22, 1918 (40 Stat. 550; 22 U. S. C. 223-226b) ;
(16) Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137) ;
(17) Joint resolution of October 19,1918 (40 Stat. 1014) ;
(18) Act of May 10,1920 (41 Stat. 593; 8 U. S. C. 157) ?
(19) Act of December 26,1920 (41 Stat. :1082; 8 U. S. C. 170) ;
(20) The proviso to the paragraph headed "Expenses, Passport Control Act"
In the Act of March 2,1921 (41 Stat. 1217; 22U. S. C. 227) ;
(21) Act of May 19, 1921 (42 Stat. 5) ;
(22) Joint resolution of December 27, 1922 (42 Stat. 1065) ;
(23) Act of May 26, 1924 (43 Stat. 153) ;
(24) Act of February 25, 1925 (43 Stat. 976; 8 U. S. C. 202 (1)) ;
(25) The last proviso to the paragraph headed "Bureau of Immigration" in
title IV of the Act of February 27,1925 (43 Stat. 1049; 8 U. S. C. 110) ;
(26) Section 7 (d) of the Act of May 20, 1926 (44 Stat. 572; 49 U. S. C.
177 (d) ) '
(27) Act of May 26,1926 (44 Stat. 657; 8U. S. C. 231) ;
(28) Act of May 26, 1926 (44 Stat. 654; 8 U. S. C. 241-246) ;
(29) Act of April 2,1928 (45 Stat. 401; 8 U. S. C. 226a) ;
(30) Act of March 4, 1920 (45 Stat. 1551 ; 8 U. S. C. 180-180d) ;
(31) Act of February 18, 1931 (46 Stat. :1171; 8 U. S. C. 156a) ;
(32) Act of March 17, 1932 (47 Stat. 67; 8U. S. C. 137b-d) ;
(33) Section 7 of Act of May 25, 1932 (47 Stat. 166; 8 U. S. C. 181) ;
(34) Act of July 2, 1932 (47 Stat. 571; 8 U. S. C. 368b) ?
(35) Sections 8 and 14 of the Act of March 24, 1934, as amended (48 Stat.
462; 48 U. S. C. 1238 ; 48 Stat. 464 ;48 IJ. S. C. 1244) ?
(36) Section 3 of the Act of May 14, 1937 (50 Stat. 165; 8 U. B. C. 213a) ;
, (37) Act of August 19, 1937 (50 Stat. 690, ch. 698) ;
(38) Act of July 27, 1939 (53 Stat. 1133:; 48 U. S. C. 1251-1257) ;
(39) Title III of Act of June 28, 1940 (51 Stat. 673; 8 U. S. C. 451-460) ;
(40) Act of July 2, 1940 (54 Stat. 715-716) ;
(41) Section 2 of Act of August 16, 1940 (54 Stat. 788) ;
(42) Act of October 14, 1940 (54 Stat. 1137) ?
(43) Act of June 20,1041 (55 Stat. 252; 22 U. S. C. 228, 229) ;
(44) Section 2 of Act of December 17, 1943 (57 Stat. 601; 8 U. S. C. 212a) ;
(45) Sections 4 and 5 of Act of July 2, 1946 (60 Stat. 417; 8 U. S. C. 212b,
212c) ;
(46) Section 5 of the Act of May 31, 1947 (61 Stat. 122; 8 U. S. C. 732a) ;
(47) The paragraph headed "General provisions-Department of Justice" in
Chapter III of the Supplemental Appropriation Act, 1951 (Public Law 843,
Eighty-first Congress) ;
(48) The Act of March 28, 1951 (Public Law 14, Eighty-second Congress,
first session).
(b) Except as otherwise provided in section 405, all other laws, or parts of
laws, in conflict or inconsistent with this Act are, to the extent of such conflict or
inconsistency, repealed.
AUTHORIZATION OF APPROPRIATIONS
SEC. 404. There are authorized to be appropriated such sums as may be neces-
sary to carry out the provisions of this Act.
SAVINGS CLAITSES
SEC. 405. (a) Nothing contained in this Act, unless otherwise specifically
provided therein, shall be construed to affect the validity of any declaration of
intention, petition for naturalization, certificate of naturalization, certificate of
citizenship, warrant of arrest, order or warrant of deportation, order of exclusion,
or other document or proceeding which shall be valid at the time this Act
shall take effect; or to affect any prosecution, suit, action, or proceedings, civil
or criminal, brought, or any status, condition, right in process of acquisition, act,
thing, liability, obligation, or matter, civil or criminal, done or existing, at the
time this Act shall take effect; but as to all such prosecutions, suits, actions,
proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or
matters the statutes or parts of statutes repealed by this Act are, unless otherwise
specifically provided therein, hereby continued in force and effect. When an
immigrant, in possession of an unexpired immigrant visa issued prior to the
effective date of this Act, makes application for admission, his admissibility
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IMMIGRATION AND NATIONALITY ACT 101
shall be determined under the provisions of law in effect on the date of the
issuance of such visa. An application for suspension of deportation under sec-
tion 19 of the Immigration Act of 1917, as amended, or for adjustment of status
under section 4 of the Displaced Persons Act of 1948, as amended, which is
pending on the date of enactment of this Act, shall be regarded as a proceeding
within the meaning of this subsection.
(b) Except as otherwise specifically provided in title III, any petition for
naturalization heretofore filed which may be pending at the time this Act shall
take effect shall be heard and determined in accordance with the requirements
ef law in effect when such petition was filed.
(c) Except as otherwise specifically provided in this Act, the repeal of any
statute by this Act shall not terminate nationality heretofore lawfully acquired
nor restore nationality heretofore lost under any law of the United States or
any treaty to which the United States may have been a party.
(d) Except as otherwise specifically provided in this Act, or any amendment
thereto, fees, charges and prices for purposes specified in title V of the Independ-
ent Offices Appropriation Act, 1952 (Public Law 137, Eighty-second Congress,
approved August 31, 1951), may be fixed and established in the manner and by
the head of any Federal Agency as specified in that Act.
(e) This Act shall not be construed to repeal, alter, or amend section 231 (a)
of the Act of April 30, 1946 (60 Stat. 148; 22 U. S. C. 1281 (a) ), the Act of June
20, 1949 (Public Law 110, section 8, Eighty-first Congress, first session; 63 Stat.
208), the Act of June 5, 1950 (Public Law 535, Eighty-first Congress, second
session), nor title V of the Agricultural Act of 1949, as amended (Public Law 78,
Eighty-second Congress, first session).
SEPARABILITY
SEC. 406. If any particular provision of this Act, or the application thereof
ta any person or circumstance, is held invalid, the remainder of the Act and the
application of such provision to other persons or circumstances shall not be
ffected thereby.
EFFECTIVE DATE
SEC. 407. Except as provided in subsection (k) of section 401, this Act shall
take effect at 12: 01 ante meridian United States Eastern Standard Time on the
rate hundred eightieth &If immediately following the date of its enactment.
SAM RAYBURN,
Speaker of the House of Representatives.
ALBEN A. BARKLEY,
Vice President of the United States and President of the Senate.
[Endorsement on back of bill:]
I certify that this Act originated in the House of Representatives.
RALPH It. ROBERTS, Clerk.
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