demonstrate the alien's ability, or lack of ability, to read.* (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (0)) [3-L-2]

3.46 Reading test; failure to read; procedure. In the event the applicant is subject to the reading test and is unable to satisfy the examining or challenging inspectors of his ability to read matter printed in the designated language or dialect, it shall be the duty of either the examining or the challenging inspectors to detain the applicant for special inquiry and to record upon the manifest and detention cards for the information of the board the class and serial numbers of the slip used or other means employed in the primary examinations to determine ability to read.* (Secs. 3, 16, 39 Stat. 875, 885; 8 U.S.C. 136 (o), 152) [3-L-3]

3.47 Exemptions from reading test. The following classes of aliens over 16 years of age are exempted by law from the reading test; viz:

(a) Physically incapable. Persons who are physically incapable of reading.

(b) Relationship. Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted aliens, when such persons are sent for or brought in by such citizens, admissible aliens, or admitted aliens: Father, if over 55 years of age; grandfather, if over 55 years of age; wife; mother; grandmother; unmarried daughter, or widowed daughter.

(c) Religious persecution. Persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence.

(d) Returning residents. Persons who have been lawfully admitted to the United States and who have resided therein continuously for five years and who have returned to the United States within six months from the date of their departure there from.

(e) Transits. Persons in transit through the United States. (f) Transits through contiguous territory. Persons who have been lawfully admitted to the United States and who later go in transit from one part of the United States to another through foreign contiguous territory. The period an alien may remain in foreign contiguous territory while in transit under this exemption shall be limited to 60 days. An alien may leave and enter the United States at the same port and still be in transit within the meaning hereof.

(g) Exhibitors. Exhibitors and employees of fairs and expositions authorized by Congress.* (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (0)) [3-M-1]

3.48 Unaccompanied children; admission. Children under 16 years of age unaccompanied by or not coming to one or both of their parents may be admitted on primary examination when the immigration officer is satisfied that they are in good mental and physical condition, that while abroad they have not been the objects of public charity, that they are going to near relatives who are able and willing to support and properly care for them, that it is the intention of such relatives to send such children to day school until they reach the age of 16, and that they will not be put at work unsuited to their years;

*For statutory citation, see note to § 3.1.

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or that the children are to attend a designated reputable institution of learning for which suitable provision has been made in advance, or that the children are merely in transit and the person accompanying such children will convey them through and out of the United States, or that the children are to make a temporary visit to their relatives.*t (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (m)) [3-N-1]

3.49 Unaccompanied children; exceptional cases. In cases where all of the conditions set forth in § 3.48 are not met, but the immigration officer on primary examination is satisfied that the applicant is admissible, the case may be referred to the officer in charge, and if he likewise is satisfied of the applicant's admissibility the case be disposed of on primary examination; otherwise it shall be referred to a board of special inquiry.*t (Secs. 3, 16, 39 Stat. 875, 885; 8 U.S.C. 136 (m), 152) [3-N-2]

may

3.50 Stowaways. Aliens arriving at seaports of the United States as "stowaways" or alien "stowaways" who arrive as "workaways" shall be held for examination by a board of special inquiry. Unless the board reaches the conclusion that beyond a doubt the alien, except for being or having been a stowaway, is entitled to land, it shall exclude. Such an alien is entitled to appeal unless he is certified as afflicted with diseases or disabilities as specified in the proviso of section 17 of the Immigration Act of 1917. (Secs. 3, 16, 17, 39 Stat. 875, 885, 887; 8 U.S.C. 136 (1), 152, 153) [3-0-1]

3.51 Aliens previously rejected; exclusion; permission to reapply. Any alien excluded from admission and deported in pursuance of law who applies for admission within one year after such rejection and deportation shall be excluded, unless, prior to reembarkation at a place outside the United States or his attempt to be admitted from foreign contiguous territory, the Secretary of Labor has consented to his reapplication for admission. At the time of original exclusion by a board of special inquiry, an applicant shall be advised of the provisions of law relating to the obtaining of permission to reapply within one year, and the fact of such notification shall be entered on the record, together with the applicant's foreign address. In strictly meritorious cases, where the cause of exclusion may be readily overcome, applicants may be advised by the board of special inquiry that an application for permission to reapply may then and there be made. If the applicant desires to make such application, the board record shall thereupon be forwarded to the Department, whether or not an appeal is taken from the excluding decision. In other cases applications for the privilege to reapply should be submitted to the official in charge at the port of last exclusion, and will be forwarded by such official through proper channels to the Central Office, accompanied by the record previously formulated, unless the Central Office through appeal proceedings has already come into possession of the record. If upon consideration of the record the Secretary of Labor grants permission to reapply within one year of date of exclusion, notification of such permission shall be transmitted to the port where alien was excluded, if he has not already been deported, or to his for

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*For statutory citation, see note to § 3.1.

eign address, if he has actually been deported.*† (Sec. 1 (d), 45 Stat. 1551; 8 U.S.C. 136 (j)) [3-P-1]

3.52 Aliens previously arrested and deported; exclusion; permission to reapply. Any alien heretofore or hereafter arrested and ordered deported in pursuance of law shall be excluded from admission to the United States: Provided, however, That the foregoing shall not apply to any alien who was arrested and deported prior to March 4, 1929, and prior to his reembarkation at a place outside the United States, or prior to his application in or from foreign contiguous territory for admission to the United States, and prior to March 4, 1929, has been granted permission to apply for admission by the Secretary of Labor, and when so applying is found admissible; or to any other alien so ordered deported who has left the United States, if prior to reembarkation from a point outside the United States, or prior to his application in or from foreign contiguous territory for admission to the United States he applies for and obtains from the Secretary of Labor permission to apply for admission after one year from the date of his departure in pursuance of an order of deportation, and is found admissible. Application for permission to reapply may be made at any time after such departure.*t (Sec. 1 (a-c), 45 Stat. 1551, sec. 7, 47 Stat. 166; 8 U.S.C. 180, 181) [3-P-2]

3.53 Border crossing card; issuance and description. An alien or citizen who, residing upon either side of the line, having occasion to frequently cross and recross the land boundary upon legitimate pursuits may, upon application, be issued an identification card which shall correctly set forth his status. The applicant shall be required to furnish two unmounted photographs of himself (2 by 2 inches, the distance from the top of head to point of chin to be approximately 114 inches) for attachment to the identification card, together with the data necessary for completion of the card, such data to be filled in by means of typewriter or ink. The signature of the person to whom the card is issued shall be affixed in ink.*+ [3-Q-1]

3.54 Border crossing card; use. The use of an identification card shall be confined to the port of issue, unless it shall be established that the applicant has occasion to enter the United States from time to time through other ports of entry, in which event an unrestricted card may be issued to him, which shall be honored at other ports.*† [3-Q-2]

3.55 Border crossing card; issuance to illiterate. An identification card may, in the discretion of the officer in charge of the port, be issued to an alien unable to read: Provided, in the case of an alien residing in foreign contiguous territory, it is satisfactorily established that such alien actually intends to continue his residence therein and only desires to visit the United States temporarily for business or pleasure. [3-Q-3]

3.56 Border crossing cards; issuance to resident aliens and citizens. Within the confines of border districts, identification cards may be issued to citizens or aliens lawfully resident in the United States desirous of making more or less frequent visits to foreign contiguous territory. Where cards are issued at interior stations in bor

*For statutory citation, see note to § 3.1. †For source citation, see note to § 3.2.

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der districts the applicants will be notified that they may secure same upon reentry into the United States through the port designated by them and the cards will be forwarded to such border port with appropriate advices.*+ [3-Q-4]

3.57 Border crossing cards; periodic inquiry; renewals. The status of holders of identification cards shall be inquired into periodically. Renewal will be evidenced by a notation bearing the date thereof and the initials of the validating officer.** [3-Q-5]

3.58 Border crossing card; cancelation. An identification card may be taken up and canceled at any time, within the discretion of the proper immigration officials.* [3-Q-6]

3.59 Immigrants, possessing proper documents, but who entered without examination; procedure. Where an alien is found in the United States in possession of an immigration visa or a reentry permit, who failed to undergo proper examination at a port of entry, such alien shall be examined in the district where located or residing, and complete record of the case, including his or her visa or reentry permit, shall be forwarded to the Central Office for consideration by the Department. If the Department directs admission, the officer in charge of the district where the examination has taken place will be so advised and furnished with the visa or permit, and he will thereupon cause the alien to be properly recorded as admitted, or if entry occurred in another district, he will forward the visa or permit to the officer in charge of that district for such recording, together with a duplicate copy of the entire record of examination, which record should include appropriate statistical data, postal money order for the head tax (where the latter is required), together with complete details concerning the time, place, and manner of the entry. It is essential that officers conducting such examinations shall go thoroughly into the circumstances attendant upon the failure of the alien to undergo proper examination at the time of entry, and particularly so if said entry occurred through a regular port, for the purpose of fixing the responsibility for failure to undergo inspection, as well as the actual date of the alien's entry, the port through which entry was made, and the means of transportation employed. Record of admission, if and when made, will be as of the actual date, place, and manner of arrival in the United States. If admission is not directed, instructions will be given for such other action as the circumstances may warrant. (Sec. 2 (e), 43 Stat. 154; 8 U.S.C. 202 (e)) [G.O. 101, 3d amdt., May 4, 1934]

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*For statutory citation, see note to § 3.1.

PART 4-INSPECTION OF CITIZENS AND ALIENS ENTERING FROM OR THROUGH CONTIGUOUS TERRITORY

Section 4.1 Inspection. All inspections and medical examinations conducted at Canadian seaports of entry for aliens bound for the United States, the land border ports of entry, or United States immigration offices in the interior of Canada where boards of special inquiry are stationed, shall be in all respects similar to those conducted at other ports of entry, and all necessary facilities shall be provided the proper officials of the United States to enable them to make the inspections and examinations required under the immigration laws of the United States.*t (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4-A-1]

*88 4.1 to 4.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

The source of §§ 4.1 to 4.5, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

4.2 Pre-examination of citizens, nationals, statistical and nonstatistical aliens. United States citizens, citizens of the insular possessions of the United States, and aliens of the nonstatistical class, except as hereinafter provided, applying for pre-examination in Canada at places where United States immigration officers are stationed, shall prepare and present Form 521 at time of application, obtainable at such immigration offices, railroad or steamship ticket offices in Canada, or at such other places as may hereafter be designated. The names and ages of children under sixteen may be included in Form 521 prepared by the accompanying parent or guardian. The pre-examining inspector shall indicate on Form 521 whether the alien holder is a temporary visitor or a returning resident of the United States: Provided, That aliens of the class mentioned who are required to deposit head tax shall be fully manifested on Form 548 by the pre-examining inspector: Provided further, That such inspector shall enter on Form 548 the data appearing on Form 521 with regard to those nonstatistical aliens who hold re-entry permits or properly visaed passports, the form to contain a notation of the number of the permit or the fact that a visaed passport is carried: And provided further, That no preexamination will be accorded to persons of any class planning to proceed directly from a Canadian seaport to ports in the Territories of Hawaii and Alaska. Aliens of the statistical class shall be fully manifested on Form 548 by the pre-examining inspector whether arriving from overseas or whether their journey originates in Canada.*t (Sec. 17, 43 Stat. 163; 8 U.S.C. 217) [4-A-2]

**For statutory and source citations, see note § 4.1.

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