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N A L

FEDERAL
VOLUME 3

REGISTER

1934

y
W an ted

NUMBER 73

,
W ashington Thursday, A p ril 14, 1938
PRESIDENT OF THE UNITED STATES.
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x e c u t iv e
O

rder
DOCUMENTS REQUIRED OF ALIENS ENTERING THE UNITED STATES

By virtue of and pursuant to the authority vested in me by the act of May 22, 1918, 40 Stat. 559, as extended by the act of March 2, 1921, 41 Stat. 1205, 1217, I hereby prescribe the following regulations pertaining to documents required of aliens entering the United States which regulations shall be applicable to Chinese and to Philippine citizens who are not citizens of the United States except as may be otherwise pro vided by special laws and regulations governing the entry of such persons:
P a rt I
1. Non-immigrants must present unexpired passports, or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid passport visas, or, in lieu of passport visas, if passing in transit through the United States to a foreign destination, transit certificates granted by authorized officers of the United States, except in the following cases:
a A non-immigrant alien who is a passenger on a vessel entering a port of the United States, landing tem porarily while the vessel is in port.
b A non-immigrant alien coming within a category and domiciled in a country, island, or territory of the Western Hemisphere, specified in regulations issued by the Secretary of State, passing in transit through the United States or altering the United States temporarily.
c A non-immigrant alien lawfully admitted into the United States who later goes in transit from one part of the United States to another through foreign contiguous territory.
d A non-immigrant alien child bom subsequent to the issuance of the passport visa or transit certificate of an accompanying parent, the visa or transit certificate not having expired.
e An alien who has previously been legally admitted into the United States with a diplomatic visa or with a passport visa as a non-immigrant as defined by section 3 1 or section 3 6 of the Immigration Act of 1924
43 Stat. 153, 154, and who has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regula tions issued by the Secretary of State, and not having relinquished the status in which he was originally admitted.
2. The Secretary of State is authorized in his discretion to waive the passport and visa requirements in cases of emergency for non-immigrant aliens and in other cases under such conditions as may by regulations be prescribed
by him, except that the Governor of the Virgin Islands is authorized in his discretion to waive the requirements in cases of emergency for non-immigrant aliens applying for admission at a port of entry of the Virgin Islands.
3.
No passport visa or transit certificate shall be granted to an alien whose entry would be contrary to the public safety.
P a rt I I
1. Immigrants must present unexpired passports, or official documents in the nature of passports, issued by the govern ments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid immigration visas granted by the consular officers of the United States in accordance with thq requirements of the Immigration Act of 1924 mid the regulations issued there under, except in the following cases:
a An alien immigrant child bom subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired.
b An alien immigrant child born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States for permanent resi dence, under such regulations as may be prescribed.
c Ah alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemi sphere specified in regulations issued by the Secretary of State.
d An alien immigrant who has previously been legally admitted into the United States for permanent residence, re-entering from a journey beginning in an American port, without trans-shipment from the original vessel to another vessel.
v e An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom and has returned from a tem porary visit abroad, and who presents an unexpired permit to re-enter, issued pursuant to section 10 of the Immigra tion Act of 1924.
2. An alien who has previously been legally admitted into the United States as a non-quota immigrant student, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the coun tries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State, and not having relinquished his student status, may re-enter without an immigration visa.
3. An immigrant Spanish national who on April 11, 1899
whether adult or m in or, was a bona fide resident of Puerto Rico or adjacent islands which comprised the Province of 885