The text of the bill below is as of Jun 27, 1952 (Passed Congress).
You are reading a bill enacted 26,274 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
Summary of this bill
Source: Wikipedia
The Immigration and Nationality Act of 1952 (Pub.L. 82–414, 66 Stat. 163, enacted June 27, 1952), also known as the McCarran–Walter Act, codified under Title 8 of the United States Code (8 U.S.C. ch. 12), governs immigration to and citizenship in the United States. It has been in effect since June 27, 1952. Before this Act, a variety of statutes governed immigration law but were not organized within one body of text.
This summary is from Wikipedia.
66 STAT-] PUBLIC LAW 4 1 4 - J U N E 27, 1952 163
Public Law 414 CHAPTER 477
AN ACT June 27, 1952
To revise the laws relating to immigration, naturalization, and nationality; [H.R. 5678]
and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
United States of Am£Hca in Congress assembled, That this Act, ^^^Snty^'lct!'^
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
See. 101. Definitions.
Sec. 102. Applicability of title II to certain nonimmigrants. ^
Sec. 103. Powers and duties of the Attorney General and the Commissioner. ' 0
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
i'.^.i.* .( 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)
(P) (i) or 203 (a) (1) (A).
Sec. 205. Procedure for granting nonquota status or preference by reason of
relationship.
Sec. 206. Revocation of approval of petitions.
Sec. 207. Unused quota immigrant visas.
CHAPTER 2—QUALIFICATIONS FOR ADMISSION OF ALIENS ; TRAVEL C O N T R O I - 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 emer-
gency.
CHAPTER 3—^ISSUANCE ON ENTRY DOCUMENTS
Sec. 221. Issuance of visas.
Sec. 222. Applications for visas.
Sec. 223. Reentry permits.
Sec. 224. Nonquota immigrant visas.
CHAPTER 4—^PROVISIONS RELATING TO ENTRY AND EXCLUSION
Sec. 231. Lists of aliens and citizen passengers arriving or departing; record Oi.
resident aliens and citizens leaving permanently for foreign country.
Sec. 232. Detention of aliens lor observation and examination.
Sec. 233. Temporary removal for examination upon arrival.
Sec. 234. Physical and mental examination.
Sec. 235. Inspection by immigrant oflBcers.
Sec. 236. Exclusion of aliens.
Sec. 237. Immediate deportation of aliens excluded from admission or entering
in violation of law.
Sec. 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 ; A D J U S T M E N T OF STATUS
Sec. 241. General classes of deportable aliens.
Sec. 242. Apprehension and deportation of aliens.
93300 O - 53 - 14
164 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
TABLE OF CONTENTS—Continued
TITLE II—IMMIGRATION—Continued
CHAPTER 5—DEPORTATION; ADJUSTMENT OF STATUS—Continued
Sec. 243. Countries to which aliens shall be d e p o r t e d ; cost of deportation.
Sec. 244. Suspension of d e p o r t a t i o n ; voluntary d e p a r t u r e .
Sec. 245. Adjustment of s t a t u s of nonimmigrant to t h a t of person admitted for
, r ,' permanent I'esidence.
Sec. 246. Rescission of adjustment of status.
Sec. 247. Adjustment of s t a t u s of certain resident aliens to nonimmigrant s t a t u s .
Sec. 248. Change of nonimmigrant classification.
Sec. 249. Record of admission for p e r m a n e n t residence in t h e case of certain
aliens who entered prior to J u l y 1, 1924.
Sec. 250. Removal of aliens who have fallen into distress.
CHAPTER G S P E C I A L PROVISIONS RELATING TO A L I E N C R E W M E N
Sec. 251. Lists of alien c r e w m e n ; reports of illegal landings.
Sec. 252. Conditional permits to land temporarily.
Sec. 253. Hospital t r e a t m e n t of alien crewmen afflicted with certain diseases.
Sec. 254. Control of alien crewmen.
Sec. 255. Employment on passenger vessels of aliens afflicted with certain dis-
abilities.
Sec. 256. Discharge of alien crewmen.
Sec. 257. Bringing in alien crewmen into United States with intent to evade
immigration laws.
CHAPTER 7 — R E G I S T R A T I O N OF A L I E N S
Sec. 261. Aliens seeking e n t r y into t h e United States.
Sec. 262. Registration of aliens in t h e United States.
Sec. 263. Provisions governing registration of special groups.
Sec. 264. F o r m s and procedure.
Sec. 265. Notices of change of address.
Sec. 266. Penalties.
CHAPTER 8 GENERAL P E N A L T Y PROVISIONS
Sec. 271. Prevention of unauthorized landing of aliens.
Sec. 272. Bringing in alien subject to disability or afflicted with disease.
Sec. 273. Unlawful bringing of aliens into United States.
See. 274. Bringing in a n d harboring certain aliens.
Sec. 275. E n t r y of alien a t improper time or p l a c e ; misrepresentation a n d con-
cealment of facts.
Sec. 276. Reentry of deported alien.
Sec. 277. Aiding or assisting subversive alien to enter t h e United States,
Sec. 278. Importation of aliens for immoral purposes.
Sec. 279. Jurisdiction of district courts.
Sec. 280. Collection of penalties a n d expenses.
CHAPTER 9—MISCELLANEOUS
Sec. 281. Schedule of fees.
Sec. 282. P r i n t i n g of reentry permits a n d blank forms of manifests a n d crew
lists.
Sec. 283. Travel expenses a n d expense of t r a n s p o r t i n g remains of immigration
officers and employees who die outside t h e United States.
Sec. 284. Members of t h e Armed Forces.
Sec. 285. Disposal of privileges a t 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 i m m i g r a n t stations.
Sec. 289. American I n d i a n s born in Canada.
Sec. 290. Central file; information from other d e p a r t m e n t s and agencies.
Sec. 291. B u r d e n of proof.
Sec. 292. Right to counsel.
TITLE III—NATIONALITY AND NATURALIZATION
CHAPTER 1 N A T I O N A L I T Y AT B I R T H AND BY COLLECTIVE NATURALIZATION
Sec. 301. Nationals and citizens a t birth.
Sec. 302. Persons born in P u e r t o Rico.
Sec. 303. Persons born in t h e Canal Zone. • . •,
66 S T A T . ] P U B L I C LAW 4 1 4 - J U N E 2 7 , 1952 165
TABLE Ol^ CONTENTS—Continued
T I T L E I I I — N A T I O N A L I T Y AND NATURALIZATION—Continued
CHAPTER 1 NATIONALITY AT B I R T H AND BY COLLECTIVE N A T U R A L I Z A T I O N — C o n t i n u e d
Sec. 304. Persons born in Alaska.
Sec. 305. Persons born in Hawaii.
Sec. 306. Persons living in and born in t h e 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 — N A T I O N A L I T Y T H R O U G H NATURALIZATION
Sec. 310. Jurisdiction to naturalize.
Sec. 311. Eligibility for naturalization.
Sec. 312. Requirements as to understanding t h e English language, history, prin-
ciples a n d form of government of t h e United States.
Sec. 313. Prohibition upon the naturalization of persons opposed to government
or law, or who favor t o t a l i t a r i a n forms of government.
Sec. 314. Ineligibility to naturalization of deserters from t h e Armed Forces of
the United States.
Sec. 315. Alien relieved from training and service in t h e Armed Forces of t h e
United States because of alienage barred from citizenship.
Sec. 316. Requirements a s to residence, good moral character, attachment to
the principles of t h e Constitution, and favorable disposition to t h e
United States.
Sec. 317. Temporary absence of persons performing religious duties.
Sec. 318. Prerequisites to naturalization—burden of proof.
Sec. 319. Married persons.
Sec. 320. Children born outside of United States of one alien a n d one citizen
parent.
Sec. 321. Children born outside of United States of alien parent.
Sec. 322. Child born outside of United S t a t e s ; naturalization on petition of
citizen p a r e n t ; requirements and exemptions.
Sec. 323. Children adopted by United States citizens.
Sec. 324. F o n n e r citizens regaining United States citizenship.
Sec. 325. Nationals but not citizens of the United S t a t e s ; residence within out-
lying possessions.
Sec. 326. Resident Philippine citizens excepted from certain requirements.
Sec. 327. Former United States citizens losing citizenship by entering t h e armed
forces of foreign countries during \ / o r l d W a r I I .
Sec. 328. Naturalization through service in the Armed Forces of the United
States. 5, ,
Sec. 329. Naturalization through active-duty service in Armed Forces during
World W a r I or V/orld W a r I I .
Sec. 330. Constructive residence through service on certain United States vessels.
Sec. 331. Alien enemies ; naturalization under specified conditions and procedure.
Sec. 332. Procedural a n d administrative provisions; executive functions.
Sec. 333. Photographs.
Sec. 334. Petition for n a t u r a l i z a t i o n ; declaration of intention.
Sec. 335. Investigation of petitioners; preliminary examinations on petitions.
Sec. 336. Final hearing in open c o u r t ; examination of petitioner before t h e court.
Sec. 337. Oath of renunciation a n d allegiance.
Sec. 338. Certificate of n a t u r a l i z a t i o n ; 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 t h e Attorney General.
Sec. 344. Fiscal provisions.
Sec. 345. Mail relating to naturalization transmitted free of postage a n d regis-
tered.
Sec. 346. Publication a n d distribution of citizenship textbooks from naturaliza-
tion fees.
Sec. 347. Compilation of naturalization statistics a n d payment for equipment.
Sec. 348. Admissibility in evidence of testimony a s to statements voluntarily
made to officers or employees in the course of their official duties.
C H A P T E R 3—^LOSS OF N A T I O N A L I T Y
Sec. 349. Loss of nationality by native-born or naturalized citizen.
Sec. 350. Dual n a t i o n a l s ; divestiture of foreign nationality.
Sec. 351. Restrictions on expatriation.
166 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
TABLE OF CONTENTS—Contiiiued
T I T L E I I I — N A T I O N A L I T Y AND NATURALIZATION—Continued
CHAPTER 3—LOSS OF NATIONALITY—Continued
Sec. 352.
Loss of nationality by naturalized national.
Sec. 353.
Section 352 not effective as to certain persons.
Sec. 354.
Section 852 ( a ) (2) not effective a s to certain persons.
Sec. 355.
Loss of American nationality through parent's e x p a t r i a t i o n ; not eft'ec-
tive until person a t t a i n s age of twenty-five years.
Sec. 356. Nationality lost solely from performance of acts or fulfillment of
conditions.
Sec. 357. Application of t r e a t i e s ; exceptions.
CHAPTER 4 — M I S C E L L A N E O U S
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 proceedings of a foreign state.
Sec. 360. Judicial proceedings for declaration of United States nationality in
event of denial of rights and privileges as national.
' ' ; ! ! ' / .f'< • "•
T I T L E IV—MISCELLANEOUS
Sec. 401. J o i n t Congressional Committee.
Sec. 402. Amendments to other laws.
Sec. 408. L a w s repealed.
Sec. 404. Authorization of appropriations.
Sec. 405. Savings clauses.
Sec. 406. Separability.
Sec. 407. Effective date.
i rt. TITLE I—GENERAL
DEFINITIONS
101. (a) As used in this Act—
SECTION
(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.
"Alien." ^3) Xhe 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 appli-
cation for the issuance of an immigrant or nonimmigrant visa.
(5) The term "Attorney General" means the Attorney General of
the United States.
(6) The term "border crossing identification card" means a docu-
ment of identity bearing that designation issued to an alien who is
lawfully admitted for permanent residence, or to an alien who is
a resident in foreign contiguous territory, by a consular oiRcer or an
immigration officer for the purpose of crossing over the borders be-
tween the United States and foreign contiguous territory in accord-
ance 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 Commissioner 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 pre-
scribed under authority contained in this Act, for the purpose of
issuing immigrant or nonimmigrant visas. In cases of aliens, in the
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 167
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 bear-
ing 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 posses-
sion, 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 im-
migration 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 vras 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 exception.
(14) The term "foreign state" includes outlying possessions of a
foreign state, but self-governing dominions or territories under man-
date or trusteeship shall be regarded as separate foreign states.
(15) The term "immigrant" means every alien except an alien who "immigrant."
is within one of the follovring classes of nonimmigrant aliens—
(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 Secretary of State, and the members of the
alien's 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 offi-
cials 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 performing 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 visit-
ing 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 22 usc287note.
with the United Nations (61 Stat. 758);
(D) 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 calling as a crewman
168 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
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 naviga-
tion 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 invest-
ing, 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 quali-
fied 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 established 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 government recognized de jure by the United States,
which foreign government is a member of an international organ-
ization entitled to enjoy privileges, exemptions, and immunities
as an international organization under the International Organ-
22 use 288 note. izatious Immunities Act (59 Stat. 669), accredited resident mem-
bers of the staff of such representatives, and members of his or
their immediate family;
(ii) other accredited representatives of such a foreign govern-
ment to such international organizations, and 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
representative 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 mem-
bers 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
representative, officer, or employee, and the members of the imme-
» diate families of such attendants, servants, and personal
employees;
( 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 service or labor
cannot be found in this country; or (iii) who is coming tem-
porarily to the United States as an industrial trainee;
(I) upon a basis of reciprocity, an alien who is a bona fide
representative of foreign press, radio, film, or other foreign infor-
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 169
matioii 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 immigra-
tion, exclusion, deportation, 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 func-
tions 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 military service, an individual who is, or was at any time,
permanently debarred from becoming a citizen of the United States
under section o (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. 605; 65 Stat. ^gSo uscapp.303,
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 law fully 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 alle- "National."
giance 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 whatsoever.
(24) The term "naturalization court", unless otherwise particularly
described, means a court authorized by section 310 (a) of title I I I 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 pro-
vided 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 of Cuba, the Republic of Haiti, the Domini-
can Republic, the Canal Zone, or an independent country of Cen-
tral 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 I I I , apply for reacquisi-
tion of citizenship;
ITO PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
(E) an immigrant included within the second proviso to sec-
tion 349 (a) (1) of title-III;
(F) (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 of carrying on the vocation of min-
ister 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 granting 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.
(28) The term "organization" means, but is not limited to, an
organization, corporation, company, partnership, association, trust,
.£t>: .qc7ft:>3u 'J foundation or fund; and includes a group of persons, whether or not
incorporated, permanently or temporarily associated 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 nation-
ality if any, w^hich is valid for the entry of the bearer into a foreign
- !ctio<r%i country.
(31) The term "permanent" means a relationship of continuing or
lasting nature, as distinguished from temporary, but a relationship
may be permanent even though it is one that may be dissolved eventu-
ally 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 nonquota 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 be either a nonquota immi-
grant or a nonimmigrant notwithstanding his relationship to any
individual w^ho is so specified or by reason of being excepted from
the operation of any other law regulating or forbidding immigration.
(33) The term "residence" means the place of general abode; the
place of general abode of a person means his principal, actual dw^elling
place in fact, without regard to intent. Residence shall be considered
continuous for the purposes of sections 350 and 352 of title I I I where
there is a continuity of stay but not necessarily an uninterrupted physi-
cal presence in a foreign state or states or outside the United States.
(34) The term "Service" means the Immigration and Naturaliza-
tion 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 pres-
ence of each other, vinless the marriage shall have been consummated.
(36) The term "State" includes (except as used in section 310 (a)
of title I I I ) 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
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 171
dictatorship or totalitarianism. 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
identity between such party and its policies and the governmental
policies of the country in which it exists, that the party and the gov-
ernment constitute an indistinguishable unit, and (B) the forcible
suppression of opposition to such party.
(38) The term "United States", except as otherwise specifically
herein provided, when used in a geographical sense, means the con-
tinental 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 indi-
vidual 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 move-
ment, the purpose 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 I I —
(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 of 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 legitimating parent or parents
at the time of such legitimation.
(2) The terms "parent", "father", or "mother" mean 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 speci-
fied classes of proceedings, 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, Barba-
dos, Jamaica, the Windward and Leeward Islands, Trinidad, Marti-
nique, and other British, French, and Netherlands territory or posses-
sions in or bordering on the Caribbean Sea.
(c) As used in title I I I —
(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 I I I , 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
172 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
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", "fatlier", and "mother'' include in the case
of a posthumous child a deceased parent, father, and mother.
(d) As used in chapter 3 of title I I I —
(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 inclusive, and who was discharged therefrom under
honorable conditions. The records of the armed forces shall be con-
clusive as to type of a discharge and as to whether the conditions under
which a discharge was given were honorable.
(2) (A) The term "Spanish-American W a r " relates to the period
from April 21,1898, to August 12,1898; (B) the term "World W a r I "
relates to the period from April 6, 1917, to November 11, 1918; and
(C) the term "World W a r I I " relates to the period from December
7,1941, 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 advocating of such doctrine; but nothing in this para-
graph 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 organization shall
be presumed to constitute affiliation therewith; but nothing in this
paragraph shall be construed as an exclusive definition of affiliation.
(3) Advocating the economic, international, and governmental doc-
trines of world communism means advocating the establishment of a
totalitarian Communist dictatorship in any or all of the countries of
the world through the medium of an internationally coordinated Com-
munist movement.
(f) For the purposes of this Act—
No person shall be regarded as, or found to be, a person of good
moral character who, during the period for which good moral char-
acter is required to be established, is, or was—
(1) a habitual drunkard;
(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 activities;
(5) one who has been convicted of two or more gambling
offenses committed during such period;
(6) one who has given false testimony for the purpose of obtain-
ing any benefits under this Act;
(7) one who during such period has been confined, as a result
of conviction, 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.
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 173
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.
A P P L I C A B I L I T Y OF T I T L E I I 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 provi-
sions 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 passports and visas as a means of identification
and documentaion 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 classes described in paragraphs (15) (A) (ii),
(15) (G) (ii), (15) (G) ( i i i ) , o r (15) (G) (iv) of section 101
(a), except those provisions relating to reasonable requirements
of passports and visas as a means of identification and documen-
tation necessary to establish their qualifications under such para-
graphs, and the provisions of paragraphs (27) and (29) of
section 212 ( a ) .
POWERS A N D DUTIES OF T H E ATTORNEY GENERAL AND T H E 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 Depart-
ment of State, or diplomatic or consular officers: Provided^ hoicever^
That determination and ruling by the Attorney General with respect
to all questions of laAV shall be controlling. He 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
intructions; 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 employees of the s^us*c*ion'*note
Service as he deems necessary, and to delegate to them or to any 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 con-
ferred or imposed by this Act or regulations issued thereunder upon
174 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
any other employee of the Service. He sliall 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 Department or other independent establishment under
whose jurisdiction the employee is serving, any of the powers, priv-
ileges, 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 Serv-
ice 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 this Act, detail employees of the Service
for duty in foreign countries.
(b) The Commissioner shall be a citizen of the United States and
shall be apj)ointed by the President, by and with the advice and con-
sent 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
l)y the Attorney General or which may be prescribed by the Attorney
General.
POWERS AND DUTIES OF T H E SECRETARY OF S T A T E ; BUREAU OF SECURITY
AND CONSULAR AFFAIRS
SEC. 104. (a) The Secretary of State shall be charged with the ad-
ministration 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 functions 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 instruc-
tions; and perform such other acts as he deems necessary for carrying
out such provisions. He is authorized 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 jurisdiction
the employee is serving, any of the powers, functions, or duties con-
ferred 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 admin-
istrator (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 administrator 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.
pj,„\ ; He shall be charged with any and all responsibility and authority
in the administration of the Bureau and of this Act which are con-
ferred 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.
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 175
(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 appro-
priate, each office to be headed by a director. The Directors of the
Passport Office and the Visa Office shall be experienced in the admin-
istration 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 Passport Office and the Visa Office, respectively, of
the Bureau of Security and Consular 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 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.
L I A I S O N W I T H I N T E R N A L SECURITY OFFICERS
SEC. 105. The Commissioner and the administrator shall have author-
ity 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 Government for the
purpose of obtaining and exchanging information for use in enforc-
ing 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.
T I T L E II—IMMIGRATION
CHAPTER 1—QUOTA SYSTEM
NUMERICAL LIMITATIONS ; 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 centum of the number of inhabitants in the continental United
States in 1920, 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 national origin to i^i^ichH^'
8 u s e 211.
such quota area: Provided, That the quota existing for Chinese per-
sons 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 Proclamation.
President the quota of each quota area, and the President shall pro-
claim 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 t^usc^aoi?'
quotas proclaimed under the Immigration Act of 1924 shall remain
176 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
in effect. After the making of a proclamation under this subsection
the quotas proclaimed therein shall continue with the same effect as
if specifically stated herein and shall be final and conclusive for every
purpose, except (1) insofar 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 case 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 increas-
ing 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 immigrant.
(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—
8^iFsc\ss^' (1) section 19 (c) of the Immigration Act of 1917, as amended;
souscap?Pi9si ^^) *'^® Displaced Persons Act of 1948, as amended; and
note. ' (3) any other Act of Congress enacted prior to the effective date
of the quotas proclaimed under this Act.
D E T E R M I N A T I O N O F QUOTA TO W H I C H A N I M M I G R A N T I S 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. F o r 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 accompanying 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 accompanying 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 accompanying spouse, the quota to which such alien is charge-
able 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 qualified 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;
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 177
(4) an alien born within any quota area ni which neither of his
parents was born and in which neither of his parents had a resi-
dence 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 sec-
tion, 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 Asia-Pacific.
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 depend-
ent 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 quotas for sepa-
rate quota areas comprising independent countries, self-govern-
ing dominions, and territories under the international trusteeship
system of the United Nations situate wholly within said Asia-
Pacific triangle, an Asia-Pacific quota of one hundred annually,
which quota shall not be subject to the provisions of subsec-
tion ( 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 attributable 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 attributable 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 w^holly within the Asia-Pacific triangle, shall be
chargeable to the Asia-Pacific quota;
(6) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to peoples
indigenous to two 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 depend-
ent area of a governing country for which no separate or specific quota
has been established, unless a nonquota immigrant as provided in
section 101 (a) (27) of this Act, shall be chargeable to the quota of
the governing country, except that (1) not more than one hundred
178 PUBLIC LAW 4U-JUNE 27, 1952 [66 S T A T .
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 constitute recognition by the United States of the political transfer
of territory from one country to another, or recognition of a govern-
ment not recognized by the United States.
Revision. (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 sovereignty to another, a change of
administrative arrangements of a colony or other dependent area, or
. j; j . <' s 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. I n 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 con-
sular offices concerning the change in the territorial limits of the quota
areas involved.
ALLOCATION OF I M M I G R A N T VISAS W I T H I N QUOTAS
SEC. 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 Aasas to the classes specified in paragraphs
(2) and (3), shall be made available for the issuance of immigrant
visas (A) to qualified quota immigrants whose services are deter-
mined 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 w^elfare of the United States, and
(B) to qualified 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 immigrant visas to the classes specified in paragraphs
(1) and (3), shall be made available for the issuance of immigrant
visas to qualified 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 para-
graphs (1) and (2), shall be made available for the issuance of
immigrant visas to qualified quota immigrants who are the spouses
or the children of aliens lawfully admitted for permanent resi-
dence.
(4) Any portion of the quota for each quota area for such year
not required for the issuance of immigrant visas to the classes
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 179
specified in paragraphs (1), (2), and (8) shall be made available
for the issuance of immigrant visas to other qualified quota immi-
grants 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.
(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 lists which shall be maintained for each quota
in accordance with regulations prescribed 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 admission, that he is a nonquota immigrant.
Every quota immigrant shall be presumed to be a nonpreference quota
immigrant until he establishes to the satisfaction of the consular officer
and the immigration officers that he is entitled to a ])reference quota
status under paragraph (1), (2), or (3) of subsection (a) or to a
preference under paragraph (4) of such subsection.
PROCEDURE FOR GRANTING I M M I G R A N T STATUS UNDER SECTION 1 0 1 (a)
( 2 7 ) ( F ) ( i ) OR SECTION 2 0 3 ( a ) ( 1 ) ( A )
SEO. 204. (a) In the case of any alien claiming in his application
for an immigrant visa to be entitled to an immigrant status under
section 101 (a) (27) (F) (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 Petition.
agency desiring to have an alien classified as an immigrant under sec-
tion 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 admin-
istered 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 case, and after con- Approval.
sultation 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 of whom the petition is made is
93300 O - 53 - 15
ISO PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STA T .
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 im-
migrant status.
Restriction. (d) Nothing in this section shall be construed to entitle an immi-
grant, 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 classi-
fication. ,
PROCEDUKE FOR GRANTING NONQUOTA STATUS OR P R E F E R E N C E BY REASON
OF R E L A T I O N S H I P
SEC. 205. (a) In the case of any alien claiming in his application
for an immigrant visa to be entitled to a nonquota 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.
Petition. (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 under 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 immigrant status under section 203 (a)
(2), or any alien lawfully admitted for permanent residence claiming
that any immigrant is his spouse or child and that such immigrant is
entitled 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 wath
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 prescribe. 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.
Approval. (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) oi 203 (a) (3),
or for a preference under section 203 (a) (4), approve the petition
and forw ard one copy thereof to the Department of State. The Secre-
tary 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.
Restriction. (d) Nothing in this section shall be construed to entitle an immi-
grant, in respect 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 such classification, 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.
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952
REVOCATION Or APPROVAL OF PETITIONS
SEC. 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. I n no case, however, shall such revocation have
effect unless there is mailed to the petitioner's last known address a
notice of the revocation and unless notice of the revocation is com-
municated 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 provided for by sections 235 and 236.
' * UNUSED QUOTA IMMIGRANT VISAS is ' o
SEC. 207. If a quota immigrant having an immigrant visa is excluded
from admission 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 ALIENS ; 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 he (1) has a valid un-
expired immigrant visa or was born subsequent to the issuance of such
immigrant visa of the accompanying parent, (2) is properly chargeable
to the quota specified in the immigrant visa, (3) is a nonquota immi-
grant 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.
(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 permanent residence who depart from the
United States temporarily may be readmitted to the United States by
the Attorney General in his discretion without being required to
obtain a passport, immigrant visa, reentry permit or other docu-
mentation.
(c) The Attorney General may in his discretion, subject to sub-
section ( d ) , admit to the United States any otherwise admissible immi-
grant not admissible under clause (2), ( 3 ) , or (4) of subsection ( a ) ,
if satisfied that such inadmissibility 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 (3) of subsection (a)
shall be admitted under subsection (c) if the entire number of immi-
grant 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.
: ^ .1
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
If such entire number of immigrant visas has not been issued, the Sec-
retary of State, upon notification by the Attorney General of the
admission under subsection (c) of a quota immigrant within clause (2)
or (3) of subsection ( a ) , shall reduce by one the number of immi-
grant 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 docu-
ment, or document of identity and nationality, if such document is
required under the regulations issued by the Attorney General.
GENERAL CLASSES OF A L I E N S I N E L I G I B L E TO RECEIVE VISAS AND
EXCLUDED FROM ADMISSION
SEC. 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 psychopathic personality, epilepsy, or a
mental defect;
(5) Aliens who are narcotic drug addicts or chronic alcoholics;
(6) Aliens who are afflicted with tuberculosis in an}' 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 disability, w^hen 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 application 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 regardless of w^hether the offenses involved moral
turpitude, for which the aggregate sentences to confinement actually
imposed were five years or more;
(11) Aliens w^ho are polygamists or who practice polygamy or
advocate the practice of polygamy;
(12) Aliens who are prostitutes or who have engaged in i:)rostitu-
tion, or aliens coming to the United States solely, principally, or inci-
dentally to engage in prostitution; aliens who directly or indirectly
66 S T A T . ] |^ P U B L I C LAW 4 1 4 - J U N E 27, 1952 183
procure or attempt to procure, or who have procured or attempted to
procure or to import, prostitutes or persons for the purpose of prosti-
tution 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;
(18) 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 w^hich
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 non-
preference 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 prospectively to
the national economy, cultural interest or welfare of the United
States;
(15) Aliens w^ho, in the opinion of the consular officer at the time of
application for a visa, or in the opinion of the Attorney General at the
time of application 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 w'ho have
fallen into distress and have been removed pursuant to this or any
prior act, or who have been removed as alien enemies, or w^ho have
been removed at Government expense in lieu of deportation pursuant
to section 242 (b), unless prior to their embarkation or 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 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 pos-
session of a valid unexpired 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
PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
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
immigrant 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;
(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, manufacture, production, compounding, trans-
portation, sale, exchange, dispensing, giving away, importation,
exportation, or the possession for the purpose of the manufacture,
production, compounding, transportation, sale, exchange, dispensing,
giving away, importation or exportation of opium, coca leaves, heroin,
marihuana, or any salt derivative or preparation of opium or coca
leaves, or isonipecaine or any addiction-forming or addiction-sustain-
ing 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 con-
tiguous territory or adjacent islands, having arrived there on a vessel
or aircraft of a nonsignatory line, or if signatory, a noncomplying
transportation line imder section 238 (a) and who have not resided
for at least tw^o years subsequent to such arrival in such territory or
adjacent islands;
(25) Aliens (other than aliens who have been lawfully admitted for
permanent residence and who are returning from a temporary visit
abroad) over sixteen years of age, physically capable of reading, who
cannot read and understand some language or dialect;
(26) Any nonimmigrant w^ho is not in possession of (A) a passport
valid for a minimum period of six months from the date of the expira-
tion 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 admission a valid non-
immigrant 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, princi-
pally, or incidentally to engage in activities which would be prejudi-
cial 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 following 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, oppo-
sition to all organized government;
(C) Aliens who are members of or affiliated with (i) the Com-
munist Party of the United States, (ii) any other totalitarian
party of the United States, (iii) the Communist Political Associa-
tion, (iv) the Communist or any other totalitarian party of any
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 185
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
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 Gov-
ernment of the United States by force, violence, or other uncon-
stitutional means;
(D) Aliens not within any of the other provisions of this para-
graph who advocate the economic, international, and govern-
mental doctrines of world communism or the establishment in
the United States of a totalitarian dictatorship, or who are mem-
bers 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 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 organ-
ization or paid for by the funds of, or funds furnished by, such
organization;
(E) Aliens not within any of the other provisions of this para-
graph, 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 ^4 st^^ 993.
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 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 destruc-
tion of property; or (iv) sabotage;
(G) Aliens who write or publish, or cause to be written or pub-
lished, or who knowingly circulate, distribute, print, or display,
or knowingly cause to be circulated, distributed, printed, pub-
lished, or displayed, or who knowingly have in their possession
for the purpose of circulation, publication, distribution, or display,
any written or printed matter, advocating or teaching 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 establish-
ment in the United States of a totalitarian dictatorship;
W^ PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
( H ) Aliens who are members of or affiliated with any organiza-
tion that writes, circulates, distributes, prints, publishes, or dis-
plays, or causes to be written, circulated, distributed, printed,
published, or displayed, or that has in its possession for the pur-
pose of circulation, distribution, publication, issue, or display, any
written or printed matter of the character described in para-
graph ( G ) ;
(I) Any alien who is within any of the classes described in sub-
paragraphs ( 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, subsidiary, branch, affiliate, qr sub-
division thereof, may, if not otherwise ineligible, be issued a visa
if such alien establishes to the satisfaction of the consular officer
when applying for a visa and the consular ofiicer 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
or 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 admitted 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 affilia-
tion 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 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 admission
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 (b) 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 (ii) of this subparagraph;
(29) Aliens with respect to whom the consular officer or the Attor-
ney General knows or has reasonable ground to believe probably
would, after entry, (A) engage in activities which would be pro-
hibited by the laws of the United States relating to espionage, sabo-
tage, public disorder, or in other activity subversive to the national
security, (B) engage in any activity a purpose of which is the opposi-
tion 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
50 use 786.* 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 deported and certified to be helpless from sickness or mental or
])hysical disability or infancy pursuant to section 237 (e), whose pro-
tection or guardianship is required by the alien ordered excluded and
deported;
66 S T A T . ] P U B L I C LAW 4 1 4 - J U N E 27, 1952 187
(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 .^NonappUcabii-
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 accom-
panying such admissible alien, or coming 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 persecu-
tion in the country of his last permanent residence, whether such per-
secution be evidenced by overt acts or by law^s or governmental regula-
tions that discriminate against such alien or any group to which he
belongs because of his religious faith. For the purpose of ascertain-
ing 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 (jen-
eral, 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 tempo-
rarily proceeded abroad voluntarily and not under an order of depor-
tation, and who are returning to a lawful unrelinquished domicile of
seven consecutive years, may be admitted in the discretion of the At-
torney General without regard to the provisions of paragraph (1)
through (25) and paragraphs (30) and (31) of subsection ( a ) . Noth-
ing contained in this subsection shall limit the authority of the At-
torney 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 not be applicable to any alien wdio 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 temporarily 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 recom-
mendation by the Secretary of State or by the consular officer that
the alien be admitted temporarily despite his inadmissibility, be
granted such a visa and may be admitted into the United States tem-
porarily 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 w^ho is in possession of appropriate documents or is granted a
waiver thereof and is seeking admission, may be admitted into the
United States temporarily as a nonimmigrant in the discretion of the
Attorney General.
W a i v e r of re-
(4) Either or both of the requirements of paragraph (26) of sub- quirements.
section (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
188 PUBLIC LAW 414-JUNE 27, 1952 [66 ST A T .
residents thereof having a common nationality with such nationals, or
(C) in the case of aliens proceeding in immediate and continuous
transit through the United States under contracts authorized in sec-
tion 238 ( d ) .
P a r o l e of a l i e n s . (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 for reasons deemed strictly in the public inter-
est any alien applying for admission to the United States, but such
parole of such alien shall not be regarded as an admission of the 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 there-
after 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
R e p o r t to Con-
gress. admission under this subsection. The Attorney General shall make a
detailed report to the Congress in any case in which he exercises his
authority under paragi*aph (3) of this subsection on behalf of any
alien excludable under paragraphs (9), (10), and (28) of sub-
section ( a ) .
(7) The provisions of subsection (a) of this section, except para-
graphs (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: Pro-
vided^ That persons who were admitted to Hawaii under the last sen-
tence 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 froin
the application of paragraphs (20) and (21) of subsection (a) of
this section, unless they belong to a class declared to be nonquota immi-
grants under the provisions of section 101 (a) (27) of this Act, other
than subparagraph (C) thereof, or unless they were admitted to Hawaii
w^ith an immigration visa. The Attorney General shall by regulations
provide a method and procedure for the temporary admission 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 govern-
ments, 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 sec-
tion except paragraphs (26), (27), and (29) of subsection (a) of this
section.
S u s p e n s ion of
entry by P r e s i d e n t .
(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 A L I E N S ON GIVING BOND OR CASH DEPOSIT
SEC. 213. Any alien excludable because he is likely to become a pub-
lic charge or because of physical disability other than tuberculosis
in any form, leprosy, or a dangerous contagious disease may, if other-
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 189
wise admissible, be admitted in the discretion of the Attorney General
upon the giving of a suitable and proper bond or undertaking ap-
proved 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 hold-
ing the United States and all States, Territories, counties, towns,
municipalities, and districts thereof harmless, against such alien
becoming a public charge. I n 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. I n the event such alien becomes a
public charge, the Attorney General shall dispose of such deposit in
the same manner as if it had been collected under a bond as provided
in this section. I n the event of the permanent departure 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 con-
sideration for the giving of such bond, undertaking, or cash deposit.
Suit may be brought thereon 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 municipality in which
such alien becomes a public charge.
ADMISSION o r NONIMMIGRANTS
SEC. 214. (a) The admission to the United States of any alien as a
nonimmigrant 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 pre-
scribe, 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 w^ho is an officer or employee of
any foreign government or of any international organization entitled
to enjoy privileges, exemptions, and immunities under the Interna-
tional Organizations Immunities Act, or an alien who is the attendant, 59 Stat. 669.
22 u s e 288 note.
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 Petition b y i m -
porting employer.
section 101 (a) (15) (H) in any specific case or specific cases shall
be determined by the Attorney General, after consultation with appro-
priate agencies of the Government, 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
PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
of such a petition shall not, of itself, be construed as establishing that
the alien is a nonimmigrant.
TRAVEL CONTROL OF A L I E N S A N D C I T I Z E N S I N T I M E OF WAR OR N A T I O N A L
EMERGENCY
SEC. 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 prohibitions 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 p)erson 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 application for permission to depart from or enter the United
, States with intent to induce or secure the granting of such permis-
sion 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 permis-
sion 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 fur-
nish to another 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.
(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 exceptions as the President ma}^ 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.
Violations. (c) Any person who shall willfully violate any of the provisions of
this section, or of any order or proclamation of the President promul-
gated, 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 for not more than five years, or both; and the officer, direc-
tor, or agent of any corporation who knowingly participates in such
violation shall be punished by like fine or imprisonment, or both; and
any vehicle, vessel, or aircraft together with its appurtenances, equip-
ment, tackle, apparel, and furniture, concerned in any such violation,
shall be forfeited to the United States.
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 191
(d) The term "United States" as used in this section includes the
Canal Zone, and all territory and waters, continental or insular, sub-
ject to the jurisdiction of the United States. The term "person" as
used in this section shall be deemed to mean any individual, partner-
ship, association, company, or other incorporated body of individuals,
or corporation, 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 this section shall not prevent prosecution for
any offense committed, or the imposition of any penalties or forfei-
tures, 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 sub-
ject 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 nonimmigrant, 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 case 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 P e r i o d s of va-
lidity.
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 original Replacement.
quota number during the quota year in w^hich the original visa was
issued for a quota immigrant who establishes to the satisfaction of
the consular officer that he was unable to use the original immigrant
PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
visa during the period of its 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
means 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 immigra-
tion officer at the port of entry such documents as may be by regulation
required. In the case of an alien crewman not in jiossession 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 the applica-
tion, 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 thereuncler, 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 providing 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 carriers or transportation companies,
and masters, commanding officers, agents, owners, charterers, or con-
signees, shall not be penalized under section 273 (b) for action taken in
reliance on such visas or other documentation, unless they received due
iiotice of such revocation prior to the alien's embarkation.
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 193
A P P L I C A T I O N S FOR VISAS
SEC. 222. (a) Every alien applying for an immigrant visa and for
alien registration 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; pres-
ent 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, com-
plexion, color of hair and eyes, and marks of identification) ; languages
he can speak, 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; port 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 rela-
tive or friend, and, if so, the name and complete address of such rela-
tive 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 pref-
erence 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 from 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 appli-
cant 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 unexpired passport or other suitable travel document, or docu-
ment of identity and nationality, if such document is required under
the regulations issued by the Secretary of State. 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 case 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 unobtain-
able, 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.
(c) Every alien applying for a nonimmigrant visa and for alien
registration shall make application therefor in such form and manner
as shall be by regulations 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 classification; the purpose and length
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.
194 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
(d) Every alien applying for a nonimmigrant visa and alien regis-
tration shall furnish to the consular officer, with his application, a
certified copy of such documents pertaining to him as may be by
legulations required,
(e) Except as may be otherwise prescribed by regulations, each
copy of an application required by this section shall be signed by the
applicant in the presence of the consular officer, and verified by the
oath of the applicant administered by the consular officer. One copy
of the application for an immigrant visa, w^hen 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 be con-
sidered confidential and shall be used only for the formulation, amend-
ment, 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.
REENTRY PERMITS
SEC. 223. (a) (1) Any alien lawfully admitted for permanent resi-
dence, or (2) any alien lawfully admitted to the United States pur-
8^jl^c*203 ^' suant 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 departure 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: Pro-
vided^ 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 alien.
(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
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 195
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 immi-
gration 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 exclusive means of
establishing that the alien is so returning.
NONQUOTA I M M I G R A N T 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 pre-
scribed under this Act, that the applicant is entitled to a nonquota
immigrant status.
CHAPTER 4—PROVISIONS RELATING TO ENTRY AND EXCLUSION
LISTS OR ALIEN AND CITIZEN PASSENGERS ARRIVING OR DEPARTING ; RECORD
OF RESIDENT ALIENS AND CITIZENS LEAVING PERMANENTLY FOR FOREIGN
COUNTRY
SEO. 231. (a) Upon the arrival of any person by water or by air 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 or manifests of the persons
on board such vessel or aircraft. Such lists or manifests shall be pre-
l^ared at such time, be in such form and shall contain such information
as the Attorney General shall prescribe by regulation as being neces-
sary for the identification of the persons transported and for the
enforcement 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 pur-
suant to section 239.
(b) I t shall be the duty of the master or commanding officer or
authorized agent of every vessel or aircraft taking passengers on board
at any port of the United States, who are destined to any place out-
side the United States, to file with the immigration officers before de-
parture from such port a list of all such persons taken on board. Such
list shall be in such form, contain such information, and be accom-
panied 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 con-
tained 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 exj^edient, arrange
for the delivery of lists of outgoing persons at a later date. This sub-
93300 O - 53 - 16
196 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
section shall not require the master or commanding officer, or author-
ized 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
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, age, and sex;
whether married or single; callijig or occupation; whether able to read
or write; nationality; country 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 con-
signee, or agent, as the case may be, shall pay to the collector of cus-
toms at the port of arrival or departure the. sum of $10 for each person
concerning w^hom such accurate and full list or manifest is not fur-
nished, 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 sum sufficient to cover such penalty.
(e) The Attorney General is authorized to prescribe the circum-
stances and conditions under which the list or manifest requirements
of subsections (a) and (b) may be waived.
D E T E N T I O N OF A L I E N S FOR OBSERVATION AND E X A M I N A T I O N
SEC. 232. For the purpose of determining whether aliens (including
alien crewmen) 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 in
section 212 ( a ) , or whenever the Attorney General has received infor-
mation showing that any aliens are coming from a country or have
embarked at a place w^here any of such diseases are prevalent or epi-
demic, such aliens shall be detained on board the vessel or at the air-
port 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 and
medical officers to subject such aliens to observation and an examina-
tion sufficient to determine whether or not they belong to the excluded
classes.
66 S T A T . ] P U B L I C LAW 4 1 4 - J U N E 27, 1952 191
TEMPORARY REMOVAL FOR E X A M I N A T I O N U P O N 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 removal of aliens from such
vessels or aircraft ordered pursuant to this subsection shall 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 vessels, aircraft, transporta-
tion lines, masters, commanding officers, agents, owners, or consignees,
shall, so long as such removal lasts, be relieved of responsibility for
the safekeeping of such aliens: Provided^ 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 con-
signees of the vessel, aircraft, or transportation line upon which they
arrived shall pay all expenses 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 decision 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 sucli
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 provisions 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 deten-
tion) 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
such detention, or (3) any alien other than an alien crewman, who
arrived in possession of a valid unexpired noninnnigrant 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) application for admission was macle 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 hun-
dred 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 admis-
198 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
sion was made later than one hundred and twenty days of the date of
issuance of the visa or other document or such examination and admis-
sion, if the vessel, aircraft, or transportation line or the master, com-
manding officer, owner, agent, or consignee of the vessel, aircraft, 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 claiming United States nationality or citizenship and
in possession of an unexpired United States passport issued to him by
competent authority, or (5) any person claiming United States nation-
ality 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.
P H Y S I C A L AND M E N T A L E X A M I N A T I O N
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 immigra-
tion officers and the special inquiry officers, any physical and mental
defect or disease observed by such medical officers m 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 ex-
perience may be employed for such service upon such terms as may be
prescribed by the Attorney General. Aliens (including alien crew-
men) arriving at ports of the United States shall be examined by at
least one such medical officer or civil surgeon under such administra-
tive 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 sec-
tion 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, wiiich 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 medi-
/ cal witness at his own cost and expense.
I N S P E C T I O N BY I M M I G R A T I O N OFFICEKS
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 immigra-
tion 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,
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 199
railway car, or other conveyance, 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 to take and consider evidence 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 States 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 permanently
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 immigra-
tion officer, including special inquiry officers, shall have powder to
require by subpena the attendance and testimony of witnesses before
immigration officers and special inquiry officers and the production of
books, papers, and documents relating to the privilege of any person
to enter, reenter, reside in, or pass through the United States or con-
cerning any matter which is material and relevant to the enforcement
of this Act and the administration 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 special
inquiry officer may, in the event of neglect or refusal to respond to a
subpena 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.
(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 in-
quiry officer. The decision of the examining immigration 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
examining immigration officer or to the special inquiry officer during
the examination before either of such officers to be excludable under
paragraph (27), (28), or (29) of section 212 (a) shall be 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 w^ritten statement and accompanying informa-
tion, if any, as the alien or his representative may desire to submit in
connection therewith and such an inquiry or further inquiry is di-
rected 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 con-
sultation with the appropriate security agencies of the Government,
200 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
concludes would be prejudicial to the public interest, safety, or secu-
rity, 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,
E X C L U S I O N S OF A L I E N S '"
Proceedings. ^y^ 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
proceeding in any case under this section in which he shall have
participated in investigative functions or in which he shall have
participated (except as provided in this subsection) in prosecuting
functions. Proceedings before a special inquiry officer under this
section shall be conducted in accordance with this section, the ap-
plicable provisions of sections 235 and 287 (b), and such regulations
as the Attorney General shall prescribe, and shall be the sole and
exclusive procedure 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 pro-
ceedings and of all testimony and evidence produced at such inquiry,
shall be kept.
"^pp*®^- (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 ap-
peal may be taken from a temporary exclusion under section 236 (c).
From a decision of the special inquiry officer to admit an alien, the
s 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 re-
spect 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 re-
versed on appeal to the Attorney General,
tafdeficu"' "'^"^ (^) ^^ ^ mcdical 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 ex-
cluded from admission to the United States under paragraphs (1),
(2), (3), (4), or (5) of section 212 ( a ) , the decision of the special in-
quiry officer shall be based solely upon such certification. No alien
shall have a right to appeal from such an excluding decision of a spe-
cial 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 sec-
tion, and the provisions of section 213 may be invoked.
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 201
I M M E D I A T E DEPORTATION OF A L I E N S EXCLUDED FROM ADMISSION OR
E N T E R I N G I N 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 trans-
portation 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 immigrant 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 Gen-
eral 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 nationality or citizenship and was in
possession of an unexpired United States passport issued to him by
competent authority.
(b) I t shall be unlawful for any master, commanding oiRcer, purser,
person in charge, agent, owner, or consignee of any vessel or aircraft
(1) to refuse to receive any alien (other than an alien crewman),
ordered deported under this section back on board such vessel or air-
craft or another vessel or aircraft owned or operated by the same inter-
ests; (2) to fail to detain any alien (other than an alien crewman) on
board any such vessel or at the airport 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 States
to the country whence he came; (4) to fail to pay the cost of his
maintenance while being detained as required by this section or section
233 of this title; (5) to take any fee, deposit, or consideration on a
contingent basis to ke 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 admission to the United States. If it shall appear to
the satisfaction of the Attorney General that any such master, com-
manding officer, purser, person in charge, agent, owner, or consignee
of any vessel or aircraft has violated any of the provisions of this
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
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 clear-
ance from any port of the United States while any such fine is unpaid
or while the question of liability to pay any such fine is being deter-
mined, nor shall any such fine 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 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 regu-
lations prescribed, 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 approved 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 accompanied 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.
E N T R Y T H R O U G H OR FROM FOREIGN CONTIGUOUS TERRITORY A N D A D J A C E N T
ISLANDS ; L A N D I N G 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 terri-
tory or through adjacent islands. In prescribing rules and regula-
tions and making contracts for the entry and inspection of aliens
applying for admission through foreign contiguous territory or
through adjacent islands, due care shall be exercised to avoid any
discriminatory action in favor of transportation companies transport-
ing to such territory or islands aliens destined to the United States,
and all such transportation companies shall be required, as a condi-
tion precedent to the inspection or examination under such rules and
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 203
contracts at the ports of such contiguous territory or such adjacent
islands of aliens brought thereto by them, to enter into a contract
which will require them to submit to and comply with all the require-
ments 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 transportation lines for the entry and inspection of aliens coming
to the United States from foreign contiguous territory or from adja-
cent islands. No such transportation 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 there-
after 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 classifica-
tion changed under section 248.
(e) As used in this section the terms "transportation line" and
"transportation company" include, but are not limited to, the owner,
charterer, consignee, or authorized agent operating any vessel or air-
craft bringing aliens to the United States, to foreign contiguous terri-
tory, or to adjacent islands.
DESIGNATION OF PORTS OF E N T R Y FOR A L I E N S 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 inten-
tion to land in advance of landing, or notice of landing, as shall be
deemed necessary for purposes of administration and enforcement 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 aircraft may be
libeled therefor in the appropriate United States court. The determi-
nation 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 air-
craft 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
204 PUBLIC LAW 414-JLTNE 27, 1952 [66 S T A T .
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 $500 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.
BECORDS OF ADMISSION
SEC. 240. (a) The Attorney General shall cause to be filed, as a record
of admission of each immigrant, the immigrant visa required by sec-
tion 221 (e) to be surrendered 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 (b) and of each nonimmigrant as the Attorney General deems
necessary for the enforcement of the immigration laws.
CHAPTER 5—^DEPORTATION ; ADJUSTMENT OF STATUS
' GENERAL CLASSES or 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 institu-
tionalized 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 therefor 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 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
l^xMc^sy.^' 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
22 use 6n-62i. United States, and for other purposes", approved June 8, 1938,
Post, p. 275. ' as amended, or has been convicted under section 1546 of title 18
of the United States Code;
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 205
(6) is or at any time has been, after entry, a member of any of
tlie following classes of aliens:
(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 wdth (i) the
Communist Party of the United States; (ii) any other totali-
tarian party of the United States; (iii) the Commmiist
Political Association; (iv) the Commmiist 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
i :, (vi) the direct predecessors or successors of any such associ-
ation or party, regardless of what name such group or organi-
Vi „ zation 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 estab-
lishment in the United States of a totalitarian dictatorship,
or who are members of or affiliated with any organization that
advocates the economic, international, and governmental doc-
trines 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; ,f ; : ;
(E) Aliens not within any of the other provisions of this "" '^'
paragraph, who are members of or affiliated with any organ-
1 ization during the time it is registered or required to be regis-
tered under section 7 of the Subversive Activities Control Act
of 1950, unless such aliens establish that they did not have fg u*^c 786.'
knowledge or reason to believe at the time they became mem-
bers of or affiliated w^ith 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 unconstitu-
tional 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 govern-
ment, 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
,,j^ display, or knowingly cause to be circulated, distributed.
206 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
• printed, published, or displayed, or who knowingly have in
their possession for the purpose of circulation, publication,
distribution, or display, any written or printed matter, ad-
vocating or teaching opposition to all organized government,
or advocating or teaching (i) the overthrow by force, vio-
lence, 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 eco-
nomic, international, and governmental doctrines of world
communism or the establishment in the United States of a
totalitarian dictatorship;
(H) Aliens Avho are members of or affiliated with any
organization that writes, circulates, distributes, prints, pub-
lishes, or displays, or causes to be written, circulated, distrib-
uted, printed, published, or displayed, or that has in its
possession for the purpose of circulation, distribution, pub-
lication, issue, or display, any 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 ) ,
unless the Attorney General is satisfied, in the case of any alien
within category (C) of paragraph (29) 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 partici-
pated 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
fn f^in ?oi' Activities Control Act of 1950 have such knowledge or reason
to believe) that such organization was a Communist organiza-
tion ;
(8) in the opinion of the Attorney General, has within five
years after entry become a public charge from causes not affirma-
• tively shown to have arisen after entry;
(9) was admitted as a nonimmigrant and failed to maintain the
nonimmigrant status in which he was admitted or to which it
was changed pursuant to section 248, or to comply with the con-
ditions of any such status;
(10) entered the United States from foreign contiguous ter-
ritory or adjacent islands, having arrived there on a vessel or
aircraft of a nonsignatory transportation company under section
238 (a) 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 ) ) ;
(11) is, or hereafter at any time after entry has been, a narcotic
drug addict, or w^ho 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 of a violation of any law or
regulation governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, exchange, dispens-
ing, giving away, importation, exportation, or the possession for
the purpose of the manufacture, production, compounding, trans-
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 207
portation, 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 member 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 or 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 t r j to enter the United States in violation of law;
(14) at any time after entry, shall have been convicted of pos-
sessing or carrying in violation of any law any weapon which
shoots or is designed to shoot automatically or semiautomatically
more than one shot without manual reloading, by a single func-
tion 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 Regis- 54 Stat. 670.
18 u s e 2 3 8 5 ,
tration Act, 1940; 2387.
(16) at any time after entry, shall have been convicted more
than once of violating the provisions of title I of the Alien Regis-
tration Act, 1940; or
(17) the Attorney General finds to be an undesirable resident Undesirable res-
ident.
of the United States by reason of any of the following, to wit:
has been or may hereafter be convicted of any violation or con-
spiracy 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
interference 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 there- 40 Stat. 217.
of approved May 16, 1918; sections 791, 792, 793, 794, 2388, and 40 Stat. 553.
3241, title 18, United States Code; an Act entitled "An Act to pro-
hibit 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 40 Stat. 385.
50 u s e 121 note.
entitled "An Act to prevent in time of war departure from and
entry into the United States contrary to the public safety", ap-
proved May 22,1918; section 215 of this Act; an Act entitled "An 40 Stat. 559.
22 u s e 223-226b,
Act to punish the willful injury or destruction of war material
or of war premises or utilities used in connection with war mate-
rial, and for other purposes", approved April 20, 1918; sections 40 Stat. 533.
50 u s e 101-106.
2151,2153,2154, 2155, and 2156 of title 18, United States Code; an
Act entitled "An Act to authorize the President to increase tem-
porarily the Military establishment of the United States", ap-
proved May 18, 1917, or any amendment thereof or supplement 40 Stat. 76.
thereto; the Selective Training and Service Act of 1940; the Selec- 54 Stat. 885-
50 USCapp. 318.
tive 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 62 Stat. 604.
February 14, 1917; section 871 of title 18, United States Code; 65 Stat. 75.
50 USCapp. 4 5 1 .
an Act entitled "An Act to define, regulate, and punish trading
39 Stat. 919.
with the enemy, and for other purposes", approved October 6, 18 u s e 871.
208 PUBLIC LAW414-JUNE 27, 1952 [66 STAT.
40 Stat. 411.
50 u s e app. 1.
1917, or any amendmeHt thereof; the Trading With the Enemy
Act; section 6 of 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, 1914, to April 6, 1917,
or of a conspiracy occurring within said period to commit an of-
fense 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 restraints and monopolies", ap-
26 Stat. 209. proved July 2, 1890, in aid of a belligerent in the European war;
15 u s e 1-7.
section 960 of title 18, United States Code; or
(18) has been convicted under section 278 of this Act or under
39 Stat. 878. section 4 of the Immigration Act of February 5, 1917.
8 u s e 138.
N o n applicabil •
ity.
(b) The provisions of subsection (a) (4) respecting the deportation
of an 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 the President of the United States
or by the Governor of any of the several States, or (2) if the court
sentencing such alien for such crime shall make, at the time of first
imposing judgment or passing sentence, or within thirty days there-
after, a recommendation to the Attorney General that such alien not
be deported, due notice having been given prior to making such rec-
ommendation to representatives of the interested State, the Service,
and prosecution authorities, who shall be granted an opportunity to
make representations in the matter.
Fraudulent entry. (c) An alien shall be deported as having procured a visa or other
documentation 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 tw^o 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.
Applicability. (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 ) , notwithstanding
(1) that any such alien entered the United States prior to the date
of enactment of this Act, or (2) that the facts, by reason of which
{my 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 maintain 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) (6) or (7) of this section.
APPREHENSION A N D DEPORTATION OF ALIENS
SEC. 242. (a) Pending a determination of deportability in the
case of any alien as provided in subsection (b) of this section, such
alien may, upon warrant of the Attorney General, be arrested and
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 209
taken into custody. Any such alien taken into custody may, in the
discretion of the Attorney General and pending such final determina-
tion of deportability, (1) be continued in custody; or (2) be released
under bond in the amount of not less than $500 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 detained until final determination
of his deportability. Any court of competent jurisdiction shall have cour"**""'^*^ °^
authority to review or revise any determination of the Attorney Gen-
eral concerning detention, release on bond, or parole pending final
decision of deportability 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 determine deportability.
(b) A special inquiry officer shall conduct proceedings under this Proceedings,
section to determine the deportability of any alien, and shall ad-
minister oaths, present and receive evidence, interrogate, examine, and
cross-examine the alien or witnesses, and, as authorized by the Attor-
ney General, shall make determinations, including orders of deporta-
tion. 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 reasonable 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 reasonable 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 pro-
ceeding, the special inquiry officer may proceed to a determination in
like manner as if the alien were 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 may 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 w^itnesses in the proceedings. Nothing in the preceding sen-
tence shall be construed to diminish the authority conferred upon the
special inquiry officer conducting such proceedings. No special in-
quiry officer shall conduct a proceeding in any case under this section
in which he shall have participated in investigative functions or in
which he shall have participated (except as provided in this sub-
section) in prosecuting functions. Proceedings before a special in-
quiry officer acting under the provisions of this section shall be in
accordance 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 cir-
cumstances, 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 proceedings, 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
210 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STA T .
(4) no decision of deportability shall be valid unless it is
based upon reasonable, substantial, and probative evidence.
The procedure so prescribed shall be the sole and exclusive procedure
for determining the deportability of an alien under this section. I n
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. I n 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 deportable under section 241 if such alien voluntarily departs
from the United States at his own expense, or is removed at Govern-
ment expense as hereinafter authorized, unless the Attorney General
has reason to believe that such alien is deportable under paragraph
(4), (5), (6), (7), (11),.(12), (14), (15), (16), (17), or (18) of sec-
Expenses °^ *•«- tion 241 ( a ) . If any alien who is authorized to depart voluntarily
moval.
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.
Final order of de- (c) When a final order of deportation under administrative proc-
portation.
esses 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 the United States within such six-month period. If
deportation has not been practicable, advisable, or possible, or depar-
ture 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
Places of deten- eventual deportation as is authorized in this section. The Attorney
tion. 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 avail-
able or buildings adapted or suitably located for the purpose are avail-
able for rental, the Attorney General is hereby authorized, notwith-
standing section 3709 of the Revised Statutes, as amended (41 U. S. C.
5), or section 322 of the Act of June 30,1932, as amended (40 U. S. C.
47 Stat. 412 278a), to expend, from the appropriation provided for the administra-
tion 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 con-
sidered as being made as of the moment he is released from such
detention or confinement, and not prior thereto.
66 S T A T . 1 PUBLIC LAW 414-JUNE 27, 1952 211
(d) Any alien, against whom a final order of deportation as defined Supervision; reg-
ulations.
in subsection (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 the United
States; (3) to give information under oath as to his nationality, cir-
cumstances, habits, associations, and activities, and such other infor-
mation, whether or not related to the foregoing, as the Attorney
General may deem fit and proper; and (4) to conform to such reason-
able written restrictions on his conduct or activities as are prescribed
by the Attorney General in his case. Any alien who shall willfully Violations.
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 require-
ments of such regulations, or knowingly violate a reasonable restric-
tion imposed upon his conduct 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 out-
standing by reason of being a member of any of the classes described
in paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (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, if
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 64 Stat. 987.
SO USC781note.
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 departure 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:
Frovided^ 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^ S u s p e n s ion
sentence.
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;
and (6) the eligibility of the alien for discretionary relief under the
immigration laws.
93300 O - 53 - 17
212 S PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
Unlawful reentry. (f) Sliould the Attorney General find that ally alien liRS uiilawfully
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 appro-
priate shall be deemed the date of the final order of deportation.
(g) If any alien, subject to supervision or detention under subsec-
tions (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
. ,s osc.' pay his passage, the Attorney General may in his discretion permit
such alien to depart voluntarily, and the expense of such passage to
the country to which he is destined may be paid from the appropria-
tion for the enforcement of this Act, unless such payment is otherwise
provided for under this Act.
(h) An alien sentenced to imprisonment shall not be deported until
such imprisonment 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 W H I C H A L I E N S S H A L L BE DEPORTED, COST OF DEPORTATION
SEO. 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
"..- .1 '^- w 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
designation, nor shall any alien designate, as 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 alien
fails finally to advise the Attorney General within three months fol-
lowing original inquiry whether that government will or will not
cnp 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 govern-
ment of such country fails finally to advise the Attorney General or
the alien within three months following the date of original inquiry,
or within such other period as the Attorney General shall deem rea-
sonable under the circumstances 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 Attorney General 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;
66 S T A T . ] J^ P U B L I C LAW 4 1 4 - J U N E 27, 1952 ^
(2) to the country in which is located the foreign port at which ^ c ts;;.
such alien embarked for the United States or for foreign con-
tiguous 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 he resided prior to entering the
country from which he entered the United States;
(6) to the country which had sovereignty over the birthplace of
the alien at the time of his birth; or
(7) if deportation to any of the foregoing places or countries is
impracticable, 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 accord-
ance with the provisions of subsection ( a ) , of any alien who is de-
portable 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 which
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 recog-
nized government is in exile, to the country in which is located
that government in exile if that country will permit him to enter
its territory; or
(2) if such alien is a citizen or subject of a country whose recog-
i s nized government is not in exile, then to a country or any political
or territorial subdivision thereof which is proximate to the coun-
try of which the alien is a citizen 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 Removal costs,
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 appropriation for the enforcement of this Act: Provided^ That
the costs of the deportation of any such 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 unexpired immigrant visa and who was inspected
and admitted to the United States for permanent residence. I n the '
case of an alien crewman, if deportation proceedings are instituted
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 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 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 payable from the appro-
priation for the enforcement of this Act.
214 PUBLIC LAW 414-JUNE 27, 1952 [66 STA T .
Failure to pay. (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 destina-
tion 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 neces-
sary, 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 deport-
ing the accompanied alien is defrayed, and any failure or refusal to
defray such expenses shall be punished in the manner prescribed by
subsection (e) of this section.
Countries delay- (g) Upon the notification by the Attorney General that any country
ing acceptance of
deportees. upon request denies or unduly delays acceptance of the return of any
alien who is a national, citizen, subject, or resident thereof, the Secre-
tary of State shall instruct consular officers performing their duties
in the territory of such country to discontinue the issuance of immi-
grant visas to nationals, citizens, subjects, or residents of such country,
until such time as the Attorney General shall inform the Secretary of
State that such country has accepted such alien.
W i t h h o Iding of (h) The Attorney General is authorized to withhold deportation of
deportation.
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 DEPARTURE
SEC. 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 who—
(1) applies to the Attorney General within five years after the
effective date of this Act for suspension of deportation; last enter-
ed 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 of section 19 (d) of the
39 Stat. 889. Immigration Act of 1917, as amended; and has been physically
8 u s e 155.
present in the United States for a continuous period of not less
than seven years immediately preceding the date of such applica-
tion, and proves that during all of such period he was and is a
person of good moral character; and is a person whose deportation
w^ould, 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, w^ho 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 the requisite docu-
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 215
ments 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 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
(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 paragraph (4) or (5) of this subsec-
tion; was possessed of all of the 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 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 moral character; has not baen served with a
final order of deportation issued pursuant to this Act in deporta-
tion 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
(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 designated
by the Attorney General, or without the proper documents and
is not within the provisions of paragraph (5) of this subsection;
has been physically 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 depor-
tation 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 per-
manent 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
conimitted 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 para*?raph (2) of section 241 (a) as a per-
son who has remained longer in the United States than the period
216 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
;^ for which he was admitted; lias been physically present in the
United States for a continuous period of not less than ten years
: immediately 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
moral character; has not been served with a final order of depor-
" tation 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 perma-
nent 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 dis-
Report to Con- crctiou suspcud deportatiou 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 the Congress next following the session at which
a case is reported, 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 Representatives 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 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 subsec-
tion (a) of this section, the Attorney General may in his discretion
gres*^°'* *° ^°"" 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 suspen-
sion. 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 session at which
a case is reported, the Congress passes a concurrent resolution stating
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 siich 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 permanent residence as of the date the cancellation of
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 217
deportation of such alien is made, and the Secretary of State shall, if •
the alien was classifiable as a quota immigrant 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 jj^''^""*"'^ depar-
under deportation proceedings, other than an alien within the provis-
ions of paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16),
(17), or (18) of section 241 ( a ) , (and also any alien within the pur-
view of such paragraphs if he is also within the provisions of para-
graph (4) or (5) of subsection (a) of this section), to depart volun-
tarily from the United States at his own expense in lieu of deportation
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
five years immediately preceding his application for voluntary depar-
ture under this subsection.
A D J U S T M E N T OF STATUS OF N O N I M M I G R A N T TO T H A T OF PERSON ADMITTED
FOR P E R M A N E N T RESIDENCE ^
SEC. 245. (a) The status of an alien who was lawfully admitted to
the United States as a bona fide nonimmigrant and who is continuing
to maintain that status may be 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 nonimmigrants) to that of
an alien lawfully admitted for permanent residence as a quota im-
migrant or as a nonquota immigrant under section 101 (a) (27) ( A ) ,
if (1) the alien makes application for adjustment, (2) the alien is ad-
missible to the United States for permanent residence under this Act,
(3) a quota or nonquota immigrant visa was immediately available to
him at the time of his application for adjustment, (4) a quota or non-
quota 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 terminate his nonimmigrant status.
(b) Upon the approval of an application for adjustment made
under subsection (a), the Attorney General shall record the alien's
lawful admission for permanent 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 current at the time such adjustment is made.
RESCISSION OF A D J U S T M E N T OF STATUS
SEC. 246. (a) If, at any time within five years after the status of a gr^gsf °'* *° ^°"'
person has been adjusted under the provisions of section 244 of this
Act or under section 19 (c) of the Immigration Act of February 5,
1917, to that of an alien lawfully admitted for permanent residence, it l^iMc\i5^'
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 detailed statement
218 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
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 following the session at which a case is reported, the
Congress passes a concurrent resolution withdrawing suspension of
deportation, 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. 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 Attorney 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 recotd 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 840 of this Act as a person whose naturalization w^as pro-
cured by concealment of a material fact or by willful misrepresen-
tation.
A D J U S T M E N T OF STATUS OF CERTAIN RESIDENT A L I E N S TO N O N I M M I G R A N T
STATUS
SEC. 247. (a) The status of an alien lawfully admitted for perma-
nent residence 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 subsequently acquires an occupa-
tional status which would, if he were seeking admission 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 such
alien shall thereby be terminated.
(b) The adjustment of status required by subsection (a) shall not
be applicable in the case of any alien who requests that he be permitted
to retain his status as an immigrant and who, in such form as the
Attorney (jeneral may require, executes and files with the Attorney
General a written waiver of all rights, privileges, exemptions, and
immunities under any law or any executive order which would other-
wise accrue to him because of the acquisition of an occupational status
entitling him to a nonimmigrant status under paragraph (15) ( A ) ,
(15) ( E ) , o r (15) (G) of section 101 ( a ) .
C H A N G E OF N O N I M M I G R A N T CLASSIFICATION
J S E C 248. The Attorney General may, under such conditions as he
may prescribe, authorize a change from any nonimmigrant classifica-
tion 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
66 S T A T . J PUBLIC LAW 414-JUNE 27, 1952 219
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 ) .
RECORD OF ADMISSION FOR P E R M A N E N T RESIDENCE I N T H E CASE OF CERTAIN
A L I E N S W H O ENTERED T H E U N I T E D STATES PRIOR TO J U L Y 1 , 1 9 2 4
SEC, 249. (a) A record of lawful admission for permanent residence
may, in the discretion of the Attorney General and under such regu-
lations as he may prescribe, 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.
(b) 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.
REMOVAL OF A L I E N S W H O H A V E F A L L E N I N T O 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 being so removed,
to the native country of such alien, or to the country from which 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.
CHAPTER 6—SPECIAL PROVISIONS KELATING TO A L I E N CREWMEN
LISTS OF A L I E N C R E W M E N ; 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, consignee, master, or commanding officer thereof
to deliver to an immigration officer at the port of arrival (1) a com-
plete, true, and correct list containing the names of all aliens employed
on such vessel or aircraft, the 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 shall by regulations
prescribe. I n 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.
(b) I t shall be the duty of any owner, agent, consignee, master, or
commanding officer of any vessel or aircraft to report to an immigra-
tion officer, in writing, as soon as discovered, all cases 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 infor-
mation likely to lead to his apprehension.
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STAT.
(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, con-
signee, master, or commanding officer thereof, to deliver to an immi-
gration officer at that port (1) a list containing 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.
Violations. (d) In case any owner, agent, consignee, master, or commanding
F a i l u r e to de-
liver l i s t s , e t c . 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 sub-
sections ( 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 con-
cerning 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 circumstances 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 PEEMITS TO LAND TEMPORARILY
SEC. 252. (a) No alien crewman shall be permitted to land tempo-
rarily 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 nonimmi-
grant under paragraph (15) (D) of section 101 (a) and is otherwise
admissible and has agreed to accept such permit, he may, in his dis-
cretion, grant the crewman a conditional permit to land temporarily
pursuant to regulations prescribed by the Attorney General, subject
to revocation 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) dur-
ing which the vessel or aircraft on which he arrived remains in
port, if the immigration officer is satisfied that the crewman in-
tends 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.
Revocation. (b) Pursuant to regulations prescribed by the Attorney General,
any immigration 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 sub-
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 221
section (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
Expenses of de-
liim to the United States. Until such alien is so deported, any expenses tention.
of his detention shall be borne by such transportation company. Noth-
ing in this section shall be construed to require the procedure pre-
scribed 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 Penalty.
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 CREWMEN AFFLICTED W I T H CERTAIN
/ DISEASES
SEC. 253. An alien crewman, including an alien crewman ineligible
for a conditional 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 dis-
abilities or diseases mentioned in section 255, shall be placed in a
hospital designated by the immigration 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,
commanding 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 disability or disease may be removed from
the vessel or aircraft on which he 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. I n cases in which it appears to the satisfac-
tion 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 crew-
man shall be enforced on, or at the expense of, the transportation line
on which he came, upon such conditions as the Attorney General 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 o r ALIEN CREWMEN
SEC. 254. (a) The owner, agent, consignee, charterer, master, or
commanding 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 trie case of an aircraft to detain at a place specified by
an immigration officer at the expense of the airline, any alien crew-
man employed thereon until an immigration officer has completely
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 conditional permit to land temporarily has been granted such alien
crewman under section 252 or unless an alien crewman has been per-
mitted to land temporarily under section 212 (d) (5) or 253 for
medical or hospital treatment, or (3) to deport such alien crewman if
PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
required to do so by an immigration officer, whether such deportation
requirement is imposed before or after the crewman is perniitted 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 determination 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 ar-
rived in the United States from any place outside thereof, or that he
was reported by the master or commanding officer of such vessel or
aircraft as a deserter, shall be prima facie evidence of a failure to de-
tain or deport such alien crewman.
(c) If the Attorney General finds that deportation of an alien crew-
man under this 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 connection with such deporta-
tion, including expenses incurred in transferring an alien crewman
from one place in the United States to another under such 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
States in accordance with this subsection shall not be regarded as hav-
ing been landed in the United States.
E M P L O Y M E N T ON PASSENGER VESSELS OF A L I E N S AFFLICrTED W I T H CERTAIN
DISABILITIES
SEC. 255. I t 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-mindedness, insanity, epilepsy, tuber-
culosis in any form, leprosy, or any dangerous contagious disease. If
it appears to the satisfaction of the Attorney General, from an exam-
ination 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, consignee, or
master thereof shall pay for each alien so afflicted to the collector of
customs of the customs district in which the port of arrival is located
the sum of $50. No vessel or aircraft shall be granted clearance pend-
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 223
ing 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 ap-
proved 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. I t shall be unlawful for any person, including the owner,
agent, consignee, charterer, master, or commanding officer of any
vessel or aircraft, to pa^ off or discharge any alien crewman, except
an alien lawfully admitted for permanent residence, employed on
board a vessel or aircraft arriving in the United States without first
having obtained the consent of the Attorney General. I f 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 vio-
lation 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 air-
craft 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 W I T H I N T E N T TO
EVADE IMMIGRATION LAWS
S E C 257. Any person, including the owner, agent, consignee, mas-
ter, or commanding officer of any vessel or aircraft arriving in the
United States from any place outside thereof, who shall knowingly
sign on the vessel's articles, 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 A L I E N S
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.
lil PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
liSii;. REGISTRATION OF A L I E N S I N T H E U N I T E D STATES
SEC. 262. (a) I t 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
8'*us*c*45^^,^*452. ^^^ ^^ sectiou 30 or 31 of the Alien Registration Act, 1940, and (3)
remains in the United States for thirty days or longer, to apply for
registration and to be fingerprinted before the expiration of such
thirty days.
(b) I t 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 four-
teen 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 per-
son for registration and to be fingerprinted.
PROVISIONS GOVERNING REGISTRATION OF SPECIAL GROUPS
SEO, 263. (a) Notwithstanding the provisions of sections 261 and
262, the Attorney General is authorized to prescribe special regula-
tions 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 law-
fully admitted to the United States for permanent residence.
_^^Nonappiicabii- (]^) ^j^g provlsious of sectiou 262 and of this section shall not be
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 A N D PROCEDURE
SEC. 264. (a) The Attorney General and the Secretary of State
jointly are authorized and directed to prepare forms for the registra-
tion 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)
activities 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 provi-
sions 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 this title shall submit under oath the information
required for such registration. Any person authorized under regu-
lations 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,
IVl^c^s/note. 1940, or under the provisions of this Act shall be issued a certificate
of alien registration or an alien registration receipt card in such form
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 225
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 C H A N G E 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 8^Js*c*4M'n•ote.
January following the effective 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 regulations
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 temporarily absent from the United States on the first day
of January following the effective date of this Act, or on the first day of
January of any succeeding year 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 tem-
porary residence status shall in like manner also notify 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
fingerprinted in the United States who willfully fails or refuses to
make such application or to be fingerprinted, and any parent or legal
guardian required to apply for the registration of any alien who will-
fully fails or refuses to file application 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 w^ritten notice to the Attorney General,
as required by section 265 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 provided, 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
manner provided by chapter 5 of this title, unless such alien estab-
lishes 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 application 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 mis-
226 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
demeanor 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 registra-
tion or an alien registration receipt card or any colorable imitation
thereof, except when and as authorized under such rules and regula-
tions as may be prescribed by the Attorne^j' General, shall upon con-
viction be fined not to exceed $5,000 or be imprisoned not more than
five years, or both.
CHAPTER 8—GENERAL PENALTY PROVISIONS
PREVENTION OF UNAUTHORIZED LANDING OF ALIENS
SEC. 271. (a) I t shall be the duty of every person, including the
owners, masters, 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, bring-
ing 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
General or at any time or place other than as designated by the immi-
gration 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 accordance 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
provisions 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 time and
place designated by the immigration officers shall be prima facie evi-
dence that such alien has landed in the United States at a time or place
other than as designated by the immigration officers.
B R I N G I N G I N A L I E N S S U B J E C T TO DISABILITY OR AFFLICTED W I T H
DISEASE
S E C 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 psychopathic personality,
(5) a chronic alcoholic, (6) afflicted with tuberculosis in any form,
(7) afflicted with leprosy or any dangerous contagious disease, or (8)
a narcotic drug addict, 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 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 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
w^as 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
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 227
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 satis-
faction 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 wlio shall bring to the 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 afflicted, 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 iii 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 satis-
faction 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.
(c) No vessel or aircraft shall be granted clearance papers pend-
ing determination 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 remitted or refunded; but clearance may be granted
prior to the determination of 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
transportation 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.
U N L A W F U L B R I N G I N G OF A L I E N S I N T O U N I T E D STATES
SEC. 273. (a) It shall be unlawful for any person, including any
transportation company, or the owner, master, commanding officer,
agent, charterer, or consignee of any vessel or aircraft, to bring to the
United States from any place outside 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 con-
signee 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
93300 O - 53 - 18
228 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
addition, a sum equal to that paid by such alien for his transportation
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 determina-
tion 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 be designated by an immigration officer any alien stow-
away until such stowaway has been inspected by an immigration officer,
or who fails to detain such stowaway on board or at such other desig-
nated 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
immigration officer, shall pay to the collector of customs of the cus-
toms 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 < o 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 236 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 treatment, 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.
B R I N G I N G I N A N D HARBORING CERTAIN A L I E N S
SEC. 274. (a) Any person, including the owner, operator, pilot,
master, commanding officer, agent, or consignee of any means of trans-
portation who—
(1) brings into or lands in the United States, by any means of
transportation or otherwise, or attempts, by himself or through
another, to bring into or land in the United States, by any means
of transportation or otherwise;
(2) knowing that he is in the United States in violation of law,
and knowing 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 transport or
move, within the United States by means of transportation or
otherwise, in furtherance of such violation of law;
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 229
(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 transporta-
tion ; or
(4) willfully or knowingly encourages or induces, or attempts
to encourage or induce, either directly or indirectly, the entry into
the United States of—
any alien, including an alien crewman, not duly admitted by an immi-
gration 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 violation of any provision of this section except officers and employ-
ees of the Service designated by the Attorney General, either individ-
ually or as a member of a class, and all other officers whose duty it is
to enforce criminal laws.
E N T R Y o r A L I E N AT I M P R O P E R T I M E OR P L A C E ; M I S R E P R E S E N T A T I O N A N D
C O N C E A L M E N T OF FACTS
SEC. 275. Any alien who (1) enters the United States at any time or
place other than as designated hy immigration officers, or (2) eludes
examination or inspection by immigration officers, or (3) obtains entry
to the United States by a willfully false or misleading representation
or the willful concealment of a material fact, shall, for the first com-
mission of any such offenses, be guilty of a misdemeanor 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 sub-
sequent 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 A L I E N
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 imprisonment of not more than two years, or by a fine of not more
than $1,000, or both.
AIDING OR ASSISTING SUBVERSIVE A L I E N TO E N T E R T H E U N I T E D 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 per-
230 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
sons 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.
I M P O R T A T I O N OF A L I E N FOR I M M O R A L PURPOSE
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 dis-
trict to or into which such alien is brought in pursuance of importation
by the person or persons accused, or in any district in which a viola-
tion 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.
J U R I S D I C T I O N OF DISTRICT COURTS
SEC. 279. The district courts of the United States shall have juris-
diction of all causes, civil and criminal, arising under any of the pro-
visions of this title. I t shall be the duty of the United States attorney
of the proper district to prosecute every such suit when brought by the
United States. Notwithstanding any other law, such prosecutions or
suits may be instituted at any place in the United States at which the
violation may occur or at which the person 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, com-
promised, or discontinued without the consent of the court in which
i t is pending and any such settlement, compromise, or discontinuance
shall be entered of record with the reasons therefor.
COLLECTION OF P E N A L T I E S A N D E X P E N S E S
SEC. 280. Notwithstanding any other provisions of this title, the
withholding or denial of clearance of or a lien upon any vessel or air-
craft 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 per-
son made liable under any of such sections.
CHATTER 9—MISCELLANEOUS
S C H E D U L E OF F E E S • ,, -r
SEC. 281. The following fees shall be charged:
(1) For the furnishing and verification of each application for
an immigrant visa (which shall include the furnishing and veri-
fication of the duplicate), $5;
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 231
(2) For the issuance of each immigrant visa, $20;
(8) For the issuance or each extension of a reentry permit, $10;
(4) For the tiling of each application for adjustment of status
under sections 245 and 248, for the creation of a record of admis-
sion for permanent residence under section 249, or for suspension
of deportation, $25:
(5) For the issuance of each extension of stay to nonimmi-
grants, 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 approval of each application for, including issuance of
each certificate of, admission to practice as attorney or representa-
tive before the Service, pursuant to such regulations as may be
prescribed by the xA.ttorney General, $25.
The fees for the furnishing and verification of applications for visas
by nonimmigrants of each foreign country and for the issuance of
visas to nonimmigrants of each foreign country shall be prescribed by
the Secretary of State in amounts corresponding, as nearly as prac-
ticable, to the total of all similar visa, entry, residence, or other fees,
taxes, or charges assessed or levied against nationals of the United
States by the foreign countries of which such nonimmigrants are
nationals or stateless residents: Provided^ That nonimmigrant visas
issued to aliens coming to the United States in transit to and from the
headquarters district of the United Nations in accordance with the
provisions of the Headquarters Agreement shall be gratis.
P R I N T I N G OF R E E N T R Y P E R M I T S A N D B L A N K FORMS OF M A N I F E S T S AND
CREW LISTS
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.
(b) The Public Printer is authorized to print for sale to the public
by the Superintendent of Documents, upon prepayment, copies of
blank forms of manifests and crew lists and such other forms as may
be prescribed and authorized by the Attorney General to be sold pur-
suant to the provisions of this title.
TRAVEL EXPENSES A N D E X P E N S E OF TRANSPORTING R E M A I N S OF OFFICERS
A N D EMPLOYEES W H O DIE OUTSIDE T H E U N I T E D 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 performing 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,
and they may also be allowed, within the discretion and under 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 storage, and drayage thereof in accordance with
the Act of August 2,° 1946 (60 Stat. 806; 5 U. S. C., sec. 73b-l). 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
232 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
country for interment, and the ordinary and necessary expenses of
such interment and of preparation for shipment, are authorized to be
paid on the written order of the Attorney General.
M E M B E R S OF T H E ARMED FORCES
SEC. 284. Nothing contained in this title shall be construed so as to
limit, restrict, 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, and who is coming to or de-
parting 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 immunties under this Act,
which are not otherwise specifically granted by this Act.
DISPOSAL OF PRIVILEGES AT I M M I G R A N T STATIONS
SEC. 285. (a) Subject to such conditions and limitations as the
Attorney General shall prescribe, all exclusive privleges of exchanging
money, transporting passengers 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 bid-
der (other than 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 connec-
tion with any United States immigrant station, may be performed by
the Service without regard to the foregoing provisions of this sub-
section if the Attorney General shall find that it would be advan-
tageous 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 neces-
sary to the health and welfare of aliens detained at any immigrant sta-
tion, when not otherwise readily procurable by such aliens, may be
sold at reasonable prices to such aliens through Government canteens
operated by the Service, under such conditions and limitations as the
Attorney General shall prescribe.
(c) All rentals or other receipts accruing from the disposal of priv-
ileges, 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 M O N E Y S COLLECTED UNDER T H E PROVISIONS OF
THIS TITLE
S E C 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 landing stations referred to in
section 238 (c) paid by the Service from the appropriation for the
enforcement of this Act, shall be 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
66 S T A T . ] P U B L I C LAW 4 1 4 - J U N E 27, 1952 233
adniiiiistrative fines and penalties under this title shall be covered
into the Treasury as miscellaneous receipts: /^rc*y^Wer/, A<9ifeye/', 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.
POWERS OF I M M I G R A T I O N OFFICERS AND EMPLOYEES
SEC. 287. (a) Any officer or employee of the Service authorized
under regulations 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 attempting 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 right 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 territorial waters of the United States and any rail-
way car, aircraft, conveyance, or vehicle, and within a distance
of twenty-five miles from any such external boundary to have ac-
cess to private lands, but not dwellings, for the purpose of patrol-
ling 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 regulat-
ing 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 Attor-
ney 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 adminis-
tration 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 con-
cerning any matter referred to in this subsection shall be guilty of
perjury and shall be punished as provided by section 1621, title 18, 62 stat. 773.
United States Code.
(c) Any officer or employee of the Service authorized and desig-
nated under regulations prescribed by the Attorney General, whether
individually or as one of a class, shall have power to conduct a search,
234 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
without warrant, of the person, and of the personal effects in the
possession of any person seeking admission to the United States, con-
cerning whom such officer or employee may have reasonable cause to
suspect that grounds exist for exclusion from the United States under
this Act which would be disclosed by such search.
LOCAL J U R I S D I C T I O N OVER I M M I G R A N T STATIONS
SEC. 288, The officers in 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. F o r 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.
A M E R I C A N I N D I A N S BORN I N CANADA
SEC. 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.
CENTRAL F I L E ; I N F O R M A T I O N FROM OTHER D E P A R T M E N T S AND AGENCIES
SEC. 290. (a) There shall be established in the office of the Commis-
sioner, 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 information 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 enforce-
ment of this Act.
(b) Any information in 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
United States.
(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 as evidence that the
records of the Service contain no such record or entry, and shall have
the same eff'ect as the testimony of a witness given in open court.
- ' • BURDEN OF TROOF
SEC. 291. Whenever any })erson makes application for a visa or any
other document required for entry, or makes application for ad-
mission, or otherwise attempts to enter the United States, the burden
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 235
of proof shall be upon such person to establish that he is eligible to
receive such visa or such document, 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, as 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 document 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 produc-
tion of his visa or other entry document, if any, and of any other docu-
ments 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 CX>UNSEL
SEC. 292. I n 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 privilege of being represented (at
no expense to the Government) by such counsel, authorized to practice
in such proceedings, as he shall choose.
T I T L E I I I — N A T I O N A L I T Y AND N A T U R A L I Z A T I O N
CHAPTER 1—NATIONALITY AT B I R T H 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 a member of an
Indian, Eskimo, Aleutian, or other aboriginal tribe: Pro^ided^
That the granting of citizenship under this subsection shall not
in any manner impair or otherwise affect the right of such person
to tribal or other property;
(3) a person born outside of the United States and its outlying
possessions 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 possessions, prior to the birth of such
person;
(4) a person born outside of the United States and its outlying
possessions 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 whom 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
236 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
outlying possessions for a continuous 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 tw^enty-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 w'hom 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 serv-
ice in the Armed Forces of the United States by such citizen parent
may be included in computing the physical presence requirements
" 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 nation-
ality and citizenship unless he shall come to the United States prior to
attaining the age of twenty-three years and shall immediately follow-
ing any such coming be continuously physically present in the United
State for at least five years: Provided^ That such physical presence
follows the attainment 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, 1934: Provided^ however^ That nothing contained in this
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 residence in the United States
before attaining the age of sixteen years, and thereafter, 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
54 Stat. 1138. 1940, as amended.
8 u s e 601.
PERSONS BORN I N PUERTO RICO ON OR AFTER A P R I L 1 1 , 1 8 9 9
SEC. 302. All persons born in Puerto Rico on or after April 11,1899,
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 Januar;y^ 13, 1941, and subject to the
jurisdiction of the United States, are citizens of the United States
at birth.
PERSONS BORN I N T H E CANAL ZONE OR REPUBLIC OF P A N A M A ON OR AFTER
FEBRUARY 2 6 , 1 9 0 4
SEC. 303. (a) Any person born in the Canal Zone on or after Feb-
ruary 26, 1904, and wdiether 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 citi-
zen 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 Railroad Com-
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 237
paiiy, or its successor in title, is declared to be a citizen of the United
States.
PERSONS BORN I N ALASKA ON OR AFTER M A R C H 3 0, 1 8 6 7
SEC, 304. A person born in Alaska on or after March 30, 1867, ex-
cept a noncitizen 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.
PERSONS BORN I N H A W A I I
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 L I V I N G I N A N D BORN I N T H E VIRGIN ISLANDS
SEC. 306. (a) The following persons and their children born subse-
quent to January 17,1917, and prior to February 25,1927, are declared
to be citizens of the United States as of February 25, 1927:
(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, 1916,
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 February 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 J a n u a r y 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 I N AND BORN I N GUAM
SEC. 307. (a) The following persons, and their children born after
April 11, 1899, 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
238 c PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
of Guam or other territory over which the United States exercises
lights of sovereignty:
(1) All inhabitants of the island of Guam on April 11, 1899, includ-
ing 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 temporarily absent from the island on
that date, who after that date continued to reside in Guam or other
territory over w^hich 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) subject to the jurisdic-
tion of the United States, are hereby declared to be citizens of the
United States: Provided^ That in the case of any person born before
August 1,1950, he has taken no affirmative steps to preserve or acquire
foreign nationality.
(c) Any person hereinl3efore 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.
N A T I O N A L S B U T N O T C I T I Z E N S OF T H E U N I T E D STATES AT B I R T H
SEC. 308. Unless otherwise provided in section 301 of this title, the
following 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 pos-
sessions of parents both of whom are nationals, but not citizens, of
the United States, and have had a residence in the United States, or
one of its outlying 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 attaining the age of twenty-one years, not to have been
born in such outlying possession.
C H I L D R E N 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
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 239
United States and ont of wedlock shall be held to have acquired at
birth the nationality status of his mother, if the mother had the na-
tionality of the United States at the time of such person's birth, and
if the mother had previously been ])hysically present in the United
States or one of its outlying possessions for a continuous period of
one year.
CHAPTER 2—NATIONALITY THROUGH NATLRALIZATION
I ^ M• 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 controversy is unlimited. The jurisdiction of all the
courts herein specified to naturalize 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 naturaliza-
tion 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 proceed-
ings.
(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.
ELIGIBILITY FOR N A T U R A L I Z A T I O N
SEC. 311. The right of a 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 natural-
ization shall hereafter be filed, or shall have been pending on the
effective date of this Act.
REQUIREMKNTS AS TO UNDERSTANDING T H E E N G L I S H LANGUAGE, HISTORY,
P R I N C I P L E S , A N D FORM OF GOVERNMENT OF T H E U N I T E D 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 cannot 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 liv-
ing in the United States for periods totaling at least twenty years:
Provided fv/rther^ T h a t the requirements of this section relating
240 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
to ability to read and write shall 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
1 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 T H E NATURALIZATION OF PERSONS OPPOSED TO
GOVERNMENT OR L A W , OR W H O 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 government; 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 association
or party; ( F ) the direct predecessors 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; (G) who, regardless of whether he is within any of the
other provisions of this section, is a member of or affiliated with
any Communist-action organization during the time it is regis-
tered or required to be registered under the provisions of section
50 use 786' ^ °^ *^^ 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 regis-
tered 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 govern-
mental 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 utterances or through
any written or printed publications issued or published by or
with the permission or consent of or under authority of such
organization or paid for by the funds ^f such organization; or
(4) who advocates or teaches or who is a member of or affili-
ated with any organization that advocates or teaches (A) the
overthrow by force or 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 assault-
ing or killing of any officer or officers (either of specific individ-
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 241
uuls or of officers generally) of the Government of the United
States or of any other orjj^anized government because of his or
their official character; 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 pub-
, , lished, or who knowingly circulates, distributes, prints, or dis-
plays, or knowingly causes to be circulated, distributed, printed,
published, or displayed, or who knowingly has in his possession
: for the purpose of circulation, publication, distribution, or dis-
play, 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 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 (C) the unlawful damage, injury, or destruc-
tion of property; or (D) sabotage; or (E) the economic, inter-
national, and governmental doctrines of world communism or
the establishment in the United States of a totalitarian dictator-
ship ; or
(6) who is a member of or affiliated with any organization
that writes, circulates, distributes, prints, publishes, or displays,
or causes to be w^ritten, circulated, distributed, printed, published,
or displayed, or that has in its possession for the purpose of
circulation, distribution, publication, issue, or display, any writ- .» .- .
ten or printed matter of the character described in subpara-
graph (5).
(b) The 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 appli- Applicability,
cant for naturalization who at any time within a period of ten years
immediately preceding 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) Any person who is within any of the classes described in sub-
section (a) solely because of past membership in, or past affiliation
with, a party or organization 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 essentials of living and where necessary for such purposes.
JNEI^lGIHILl'l'Y TO N A T U R A L I Z A T I O N OF DESERTORS FROM T H E ARMED
FORCES OF T H E U N I T E D 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 w^hich
enrolled, or who, whether or not having been duly enrolled, went or
242 PUBLIC LAW 4 1 4 - J U N E 27, 1952 Fee ST A T ,
shall go beyond the limits of the United States, with intent to avoid
any draft into the military, air, or naval service, lawfully ordered,
shall, upon conviction thereof by a court martial or a court of compe-
tent jurisdiction, be permanently ineligible to become a citizen of the
United States; and such deserters and evaders shall be forever in-
capable of holding any office of trust or of profit under the United
States, or of exercising any rights of citizens thereof.
A L I E N RELIEVi:D FROM T R A I N I N G A N D SERVICE I N T H E ARMED FORCES OF T H E
U N I T E D STATES BECAUSE OF ALIENAGE BARRED FROM C I T I Z E N S H I P
SEC. 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 discharged from such liability for training or service be-
cause he was an alien.
R E Q U I R E M E N T S AS TO R E S I D E N C E , GOOD MORAL CHARACTER, A T T A C H M E N T TO
T H E P R I N C I P L E S OF T H E C O N S T I T U T I O N , AND FAVORABLE DISPOSITION TO
T H E U N I T E D STATES
Residence. S E C 816. (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 continu-
ously, after being lawfully admitted for permanent residence, within
the United States for at least five years and during the five years
immediatelj'^ 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 peti-
tion 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 subsec-
tion has been and still is 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.
Absences. (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 naturalization, 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 petitioner 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
])hysically present and residing in the United States, after being law-
fully admitted for ])ernianent residence, for an uninterrupted period of
at least one year, and who thereafter is employed by or under contract
with the Government of the ITnited 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
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 2m
development of foreign trade and commerce of the United States, or a
subsidiary thereof more than 50 per centum of whose stock is owned
by an American firm or corporation, or is employed by a public inter-
national organization of which the United States is 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 continu-
ous absence from the United States, the person has established to
the satisfaction of the Attorney General that his absence from
s the United States for such period is to be on behalf of such Gov-
ernment, 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 coun-
tries of such firm or corporation, or to be employed by a public
international organization of which the United States is a mem-
ber by treaty or statute and by which the alien was 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 Physical p r e s-
ence requirements.
shall not relieve the petitioner from the requirement of physical
jjresence within the United States for the period specified in subsec-
tion (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 States may be 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 Moral character.
deportable shall be accepted as conclusive evidence of good moral
character.
(e) In determining whether the petitioner has sustained the burden
of establishing 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 pre-
ceding 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 naturali- Restriction.
zation court while registration proceedings or proceedings to require
registration against an organization of which the petitioner is a mem-
ber or affiliate are pending under section 13 or 14 of the Subversive 64 Stat, 998.
50 u s e 792, 793.
Activities Control Act of 1950.
TEMPORARY ABSENCE OF PERSONS PERFORMING RELIGIOUS DUTIES
SEC. 317. Any person who is authorized to perform the ministerial
or priestly functions of a religious denomination having a bona fide
organization within the United States, or any person who is engaged
solely by a religious denomination or by an interdenominational mis-
sion organization having a bona fide organization within the United
States as a missionary, brother, nuri, or sister, who (1) has been law-
fully admitted to the United States for permanent residence, (2) has
93300 O - 53
2iii: PUBLIC LAW 414-JUNE 27, 1952 [-66 S T A T .
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 con-
nection with or for the purpose of performing the ministerial or
priestly functions of such religious denomination, or serving as a
missionary, brother, nun, or sister, shall be considered as being physi-
cally present and residing in the United States for the purpose of
naturalization within the meaning of section 316 ( a ) , notwithstanding
any such absence from the United States, if he shall in all other re-
spects 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 func-
tions of such religious denomination, or of serving as a missionary,
brother, nun, or sister.
P R E R E Q U I S I T E TO N A T U R A L I Z A T I O N ; BURDEN OF PROOF
SEC. 318. Except as otherwise provided in this title, no person shall
be naturalized unless he has been lawfully admitted to the United
States for permanent residence in accordance with all applicable pro-
visions of this Act. The burden of proof shall be 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 immigrant 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 confiden-
tial, pertaining to such entry, in the custody of the Service. Notwith-
standing the provisions of section 405 (b), and except as provided
in sections 327 and 328 no person shall be naturalized against wdiom
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 heard by a
naturalization court if there is pending against the petitioner a depor-
tation proceeding pursuant to a warrant of arrest issued under the
provisions of this or any other Act: Provided^ That the findings of
the Attorney General in terminating deportation proceedings or in
suspending the deportation of an alien pursuant to the provisions
of this Act, shall not be deemed binding in any way upon the natural-
ization court with respect to the question of whether such person has
established his eligibility for naturalization as required by this title.
• •• f i : , r :• - 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
' naturalization has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at least three
years, and during the three years immediately preceding 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
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 245
by the Attorney (jeneial, 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) w^ho 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
residence or specified period of physical presence within the United
States or within the jurisdiction of the naturalization court or proof
thereof shall be required.
C H I L D BORN OUTSIDE OF U N I T E D STATES OF O N E A L I E N AND O N E C I T I Z E N
P A R E N T AT T I M E OF B I R T H ; CONDITIONS UNDER W H I C H C I T I Z E N S H I P
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 natural-
ization or thereafter 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.
C H I L D BORN OUTSIDE OF U N I T E D STATES OF A L I E N P A R E N T ; CONDITIONS
UNDER W H I C H C I T I Z E N S H I P AUTOMATICALLY ACQUIRED
SEC, 321. (a) A child born outside of the United States of alien
parents, or of an alien parent and a citizen parent who has subse-
quently 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 deceased; 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 w^as born out of wedlock and
the paternity of the child has not been established by legitimation;
and if
(4) Such naturalization takes place while such child is under the age
of sixteen 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 clause (2) or (3) of this subsection, or there-
after 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.
246 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
C H I L D BORN OUTSIDE OF U N I T E D STATES ; N A T U R A L I Z A T I O N ON P E T I T I O N OF
C I T I Z E N P A R E N T ; R E Q U I R E M E N T S AND E X E M P T I O N S
SEC. 822. (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 naturaliza-
tion, may be naturalized if under the age of eighteen years and not
otherwise disqualified from becoming a citizen by reason of section
813, 814, 315, or 818 of this Act, and if residing permanently in the
Ignited States, with the citizen parent, pursuant to a lawful admission
for permanent residence, on the petition of such citizen parent, upon
compliance with all the provisions of this title, except that no par-
ticular 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, attached to the principles of the Con-
stitution, 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.
C H I L D R E N ADOI'TED BY U N I T E D STATES C I T I Z E N S
SEC. 828. (a) An adopted child may, if not otherwise disqualified
from becoming a citizen by reason of section 813, 314, 315, or 818 of
this 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 parent 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 816 (a) of this Act such child shall be required to establish
only two years' residence and one year's physical presence in the
ITnited States during the two-year period immediately preceding the
filing of the petition. If the child is of tender years he may be pre-
sumed to be of good moral character, attached to the principles of the
Constitution, and well disposed to the good order and happiness of
the United States.
FORMER C I T I Z E N S OF U N I T E D STATES R E G A I N I N G U N I T E D STATES
CITIZENSHIP
SEC. 824. (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 affirmative 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 pres-
ence 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;
(8) the petition may be filed in any court having naturaliza-
tion jurisdiction, regardless of the residence of the petitioner;
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 wt
(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 examiner stating that the petitioner and the wit-
nesses have appeared before such examiner for examination.
Such person, or any person who was naturalized in accordance with
the provisions of section 317 (a) of the Nationality Act of 1940, shall 54 Stat, 1146.
8 u s e 717.
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 citizenship: Provided^
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 accord-
ance with the provisions of section 317 (a) of the Nationality Act of
1940, during any period in which such person was not a citizen.
A d d i t i o nal re-
(b) No person who is otherwise eligible for naturalization in accord- quirements.
ance 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 charac-
ter, attached to the principles of the Constitution of the United States,
and well disposed to the good order and happiness of the United
States for a period of not less than five years immediately preceding
the date of filing 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.
O a t h of a l l e -
(c) (1) A woman who was a citizen of the United States at birth giance.
and (A) who has or is believed to have lost her United States citizen-
ship 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 acquired 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: Provided^ 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 pei"Son who was naturalized in accordance with the
provisions 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 diplo-
matic or consular 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,
u])on 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 at
a 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.
PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
N A T I O N A L S B U T N O T C I T I Z E N S OF T H E U N I T E D S T A T E S ; RESIDENCE
W I T H I N O U T L Y I N G 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 ap-
j plicable requirements of this title, except that in petitions for natural-
ization filed under the provisions of this section residence and physical
presence within the United States within the meaning of this title shall
include residence and physical presence within any of the outlying
possessions of the United States.
RESIDENT P H I L I P P I N E C I T I Z E N S EXCEPTED FROM C E R T A I N R E Q U I R E M E N T S
SEC. 326. Any person who (1) was a citizen of the Commonwealth
of the Philippines 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 pe-
titioning for naturalization under this title.
FORMER U N I T E D STATES C I T I Z E N S LOSING C I T I Z E N S H I P BY E N T E R I N G T H E
ARMED FORCES OF FOREIGN COUNTRIES DURING WORLD WAR I I
SEC. 327. (a) Any person who, (1) during World W a r I I 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 Septem-
ber 2, 1945, and (2) has lost 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 I I I of this Act, except section 316 ( a ) , and ex-
cept as otherwise provided in subsection ( b ) , be naturalized by taking
before any naturalization court specified 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 immedi-
ately preceding 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 residence 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
l^xMc^723.^^' 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: Provided, 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 W a r I I shall be deemed
to have begun on September 1, 1939, and to have terminated on Sep-
tember 2, 1945.
66 STAT.] PUBLIC LAW 4 1 4 ~ J U N E 27, 1952 249
(e) This section shall not apply to any person who during World ^^^onappiicabu-
War I I served in the armed forces of a country while such country was
at war with the United States.
N A T U R A L I Z A T I O N T H R O U G H SERVICE I N T H E ARMED rOKCES
o r T H E U N I T E D STATES
Si^.c. 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 sepa-
rated 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 peti-
tioner 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 representative 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 benefits 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, w^ere other than honorable. The
certificate or certificates herein provided for shall be conclusive
evidence of such service and discharge.
(c) I n the case such petitioner's service was not contiimous, the peti-
tioner'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 pre-
ceding the date of filing such petition between the periods of peti-
tioner'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 preceding the date of filing the petition for naturaliza-
tion, 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.
(e) Any such period or periods of service under honorable condi-
tions, 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,
PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
and such authenticated copies of records shall be accepted in lieu of
compliance with the provisions of section 316 ( a ) .
NATITKALIZATION T H R O U G H ACTIVE-DUTY SERVICE I N T H E ARMED FORCES
DURING WORLD WAR I OR WORLD WAR I I
SEC. 329. (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 law-
fully admitted to the United States for permanent residence, or (2) at
any time subsequent to enlistment or induction such person shall have
been lawfully admitted to the United States for permanent residence.
The executive department under which such person served shall deter-
mine whether persons have served honorably in an active-duty status,
and whether separation from such service was under honorable condi-
tions : Provided, hoicever, That no person who is or has been separ-
ated from such service on account of alienage, or who was a con-
scientious objector who performed 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 comply in all other respects with the requirements of this title,
except that—
(1) he may be naturalized regardless of age, and notwithstand-
ing 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 naturalization 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 department under which the petitioner served or is
serving, which shall state whether the petitioner served honor-
ably in an active-duty status during either World W a r I or dur-
' ing a period beginning September 1, 1939, and ending December
31, 1946, and was separated from such service under honorable
^ 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 be-
fore and been examined by a representative of the Service.
Revocation. (c) Citizenship granted pursuant to this section 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
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 251
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 Avhich is still pending on the effective
date of this Act, shall be determined in accordance with the provisions
of this section.
CONSTRUCTIVE RESIDENCE 1 H R O U G H SERVICE ON CERTAIN U N I T E D STATES
VESSELS
SEC. 330. (a) (1) Any periods of time during all of which a per-
son 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 (B) of this subsection may be
proved by certificates from the masters of such vessels.
(£') For the purposes of this subsection, any periods of time prior
to September 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 I4 silt', lois.*
be deemed residence and physical presence within the United States » "sc 725.
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. Notwith-
standing the provisions of section 318, a person entitled to claim the
exemptions contained in this paragraph shall not be required to estab-
ish a lawful admission for permanent residence.
(3) For the purposes of this subsection, any periods of time prior
to September 23, 1950, during all 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, 1950,
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 naturalization laws under section 325 of the Nationality Act of
1940 prior to its amendment by the Act of September 23, 1950, and
had filed a petition for naturalization under section 325 of the
Nationality Act of 1940, may, if such petition was pending on Sep-
tember 23, 1950, and is still pending on the effective date of this Act,
be naturalized upon compliance with the applicable provisions of the
252 PUBLIC LAW 414~JUNE 27, 1952 [66 S T A T .
naturalization 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 hearing on a petition for
naturalization 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,
A L I E N E N E M I E S ; 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 w^ar may, after his loyalty has been fully established upon inves-
tigation by the Attorney General, be naturalized as a citizen of the
United States if such alien's petition for naturalization shall be pend-
ing at the beginning of the state of war and the petitioner is otherwise
entitled to admission to citizenship.
(b) An alien embraced within this section shall not have his peti-
tion for naturalization called for a hearing, or heard, except after
ninety days' notice given by the clerk of the court to the Attorney
(jeneral 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.
(c) The Attorney General may, in his discretion, upon investiga-
tion 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 w^ho is a native, citizen, subject, or denizen of any coun-
try, state, or sovereignty with which the United States is at war shall
'' ;•' cease to be an alien enemy within the 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 this Act and which is still pending on that
date.
(e) Nothing contained herein shall be taken or construed to inter-
fere with or prevent the apprehension and removal, consistent with
law, of any alien enemy at any time prior to the actual naturalization
of such alien.
PROCEDURAL AND ADMINISTRATIVE PROVISIONS ; EXECUTIVE F U N C T I O N S
SEC. 332. (a) The Attorney General shall make such rules and regu-
lations as may be necessary to carry into effect the provisions of this
chapter and is authorized 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 recommenda-
tions to the naturalization courts. Such examination, in the discre-
tion of the Attorney General, and under such rules and regulations as
may be prescribed by him, may be conducted before or after the ap-
plicant has filed his petition for naturalization. Such examination
shall be limited to inquiry concerning the applicant's residence, physi-
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 253
cal presence in the United States, good moral character, understand-
ing of and attachment to the fundamental principles of the Consti-
tution 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.
I n s t r u c t ion in
(b) The Attorney General is authorized to promote instruction and citizenship.
training in citizenship responsibilities of applicants for naturaliza-
tion 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 citi-
zenship within or under the supervision of the public schools, prepar-
ing and distributing monthly an immigration and naturalization bul-
letin and securing the aid of and cooperating with official State and
national organizations, including those concerned with vocational
education.
Forms.
(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 be 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.
Oaths a n d d e p -
(d) Employees of the Service may be designated by the Attorney ositions.
General to administer oaths and to take depositions without charge in
matters relating to the administration of the naturalization and citi-
zenship laws. I n 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 administer oaths
for general purposes.
(e) A certificate of naturalization or of citizenship issued by the Certificate.
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 naturaliza-
tion jurisdiction.
C o p i e s of rec-
(f) Certifications and certified copies of all papers, documents, certi- ords.
ficates, and records required or authorized to be issued, used, filed,
recorded, or kept under any and all provisions of this Act shall be ad-
mitted 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.
P h o t o g r a p h ic
(g) The officers in charge of property owned or leased by the studio.
Government are authorized, upon the recommendation of the Attorney
General, to provide quarters, without payment of rent, in any building
occupied by the Service, for a photographic studio, operated by w^el-
fare organizations without profit and solely for the benefit of persons
seeking to comply with requirements under the immigration 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 citi-
zenship. One of such photographs shall be affixed by the clerk of the
court to the original certificate of naturalization issued to the natural-
ized citizen and one to the duplicate certificate of naturalization re-
quired to be forwarded to the Service.
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
(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 249 (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 Attorney General and one shall be affixed to the copy of such
certificate retained by the Service.
P E T I T I O N FOR N A T U R A L I Z A T I O N ; DECLARATION OF I N T E N T I O N
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 WTite, and duly verified by two wit-
nesses, 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 naturaliza-
tion, 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 application therefor at an office of the Service in
the form and manner prescribed by the Attorney General. An appli-
cation 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 disability from presenting himself in the office of the clerk to
make the petition required 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 hearing on a petition may be held or the oath of alle-
giance administered outside of open court, pursuant to sections 836
(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 office of the clerk of court and is of 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
United States pursuant to a lawful admission for permanent residence
may, upon an application 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 United States, a
signed declaration of intention to become a citizen of the United States,
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 255
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 declaration of intention as a condition precedent to filing a peti-
tion 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 336 ( a ) , an
employee of the Service, or of the United States designated by the
Attorney General, shall conduct a personal investigation of the per-
son petitioning for naturalization in the vicinity or vicinities 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 five years immediately preced-
ing the filing of his petition for naturalization. The Attorney General Waiver.
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.
Conduct of exam-
(b) The Attorney General shall designate employees of the Service inations.
to conduct preliminary examinations upon petitions for naturaliza-
tion to any naturalization court and to make recommendations thereon
to such court. F o r such purposes any such employee so designated is
hereby authorized to take testimony concerning any matter touching
or in any way affecting the admissibility of any petitioner for natural-
ization, to administer oaths, including the oath of the petitioner for
naturalization and the oaths of petitioner's witnesses to the petition
for naturalization, 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 docu-
ments, 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 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. The record of the preliminary examina- Record.
tion 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 Transmittal.
for naturalization may, in the discretion of the Attorney General,
be transmitted to the Attorney General and the recommendation with
respect thereto of the employee designated to conduct such prelim-
inary examination shall when made also be transmitted to the Attor-
ney General,
(d) The recommendation of the employee designated to conduct any tion. R e c o m m e n da-
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.
I n any case in which the recommendation of the Attorney General
does not agree with that of the employee designated to conduct such
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STAT.
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 (jeneral 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
recommendations are submitted shall, if he approve such recom-
mendations, 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 conclusions 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.
Withdrawal of pe- (e) After the petition for naturalization has been filed in the office
tition.
of the clerk of court, the petitioner shall not be permitted to withdraw
his petition, except with the consent of the Attorney General. In cases
where the Attorney General does not consent to withdrawal of the peti-
tion, 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.
Affidavits. (f) As to each period and place of residence in the State in which the
petitioner resides at the time 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.
Hearing. (g) At the hearing on the petition, residence in the State in which
the petitioner 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 316 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 included 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 outside the State, or within the State but prior to the six months
immediately preceding the date of filing the petition, and the other
qualifications required by subsection (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 section, the requirements of subsection (a) of section 316 as to the
petitioner's residence, good moral character, attachment to the prin-
ciples 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 naturalization court in those cases
under subsection (b) of section 316 in which the alien has been absent
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 257
from the United States because of his employment by or contract 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 organiza-
tion in which the United States participates.
Transfer of peti-
(i) (1) A petitioner for naturalization who removes from the juris- tion.
diction of the court in which his petition for naturalization is pending
may, at any time thereafter, make application to the court for trans-
fer of the petition to a naturalization court exercising jurisdiction
over the petitioner's place of residence, 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 trans-
ferred.
(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 peti-
tion 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.
P I N A L H E A R I N G I N O P E N COURT U P O N P E T I T I O N S FOR N A T U R A L I Z A T I O N ;
F I N A L ORDER UNDER T H E H A N D OF T H E COURT ENTERED U P O N RECORD;
E X A M I N A T I O N OF P E T I T I O N E R AND W I T N E S S E S BEFORE T H E COURT
SEC. 336. (a) Every final hearing upon a petition for naturaliza-
tion 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 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 (b) of this sec-
tion, 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 naturalization, 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 exam- N o n a p plicabil-
ity.
ination 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 pre-
liminary 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 petitioner 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
issued by any court within a period of thirty days after the filing of the
petition for naturalization. The Attorney General may waive such
period 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 pro-
vided 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
258 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STAT,
lield within sixty days preceding the holding of a general election
within the territorial jurisdiction of the naturalization court, such
final hearing may be held, but the petitioner shall not be permitted
to take the oath required in section H87 (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 the 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
j)etitioner's right to admission to citizenship, and shall have the right
to call witnesses, including the petitioner, produce evidence, and be
heard in opposition to, or in favor of, the granting of any petition in
naturalization proceedings.
Witnesses. (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 wit-
nesses named by such petitioner to appear upon the day set for the
final hearing, but in case such witnesses cannot be produced upon the
final hearing other witnesses may be summoned 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.
Change of name. (f) I t shall be lawful 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 petitioner included in the petition for naturalization of such
person, to make a decree changing the name of said person, and the
certificate of naturalization shall be issued in accordance therewith.
O A T H OF R E N U N C I A T I O N A N D ALLEGIANCE
SEC. H37. (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 abjure absolutely 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
])receding sentence, except that a person who shows by clear and con-
vincing 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
ITnited States by reason of religious training and belief shall be re-
({uired to take an oath containing the substance of clauses (1) through
(4) and clause (5) ( C ) . The term "religious training and belief' as
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 259
used ill 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) I n 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 petitioner 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 nobility, and
such renunciation 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, the oath required to be taken by subsection
(a) of this section may be taken before a judge of the court at such
place as may be designated by the court.
CERTIFICATE OF N A T U R A L I Z A T I O N ; CONTENTS
SEC. 338. A person admitted to citizenship by a naturalization court
in conformity 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 in-
formation : Number of petition for naturalization; number of certifi-
cate of naturalization; date of naturalization; name, signature, place
of residence, autographed photograph, and personal description 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 in-
tends to reside permanently in the United States, except in cases fall-
ing wdthin 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; attestation
of the clerk of the naturalization court; and seal of the court.
F U N C T I O N S 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 naturalization 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) I t shall be the duty of the clerk of each and every naturaliza-
tion court to issue to any person admitted by such court to citizenship
a certificate of naturalization and to forward to the Attorney General
wdthin thirty days after the close of the month in which such certifi-
cate 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 a memorandum of all the essential facts set forth in such
certificate, and to forward a duplicate of each such stub to the Attor-
93300 O - 53 - 20
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STAT
ney 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 naturaliza-
tion court to report to the Attorney General, within thirtj^ 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 naturalization together with the cause
of such denial.
(d) Clerks of courts shall be responsible for all blank certificates
of naturalization received by them from time to time from the Attor-
ney General, and shall account to the Attorney General for them
whenever required to do so. No certificate of naturalization received
by any clerk of court which may be defaced or injured in such manner
as to prevent its use as herein provided shall in any case be destroyed,
but such certificates shall be returned to the Attorney General.
(e) I t shall be the duty of the clerk of each and every naturaliza-
tion court to cause to be filed in chronological order in separate vol-
umes, indexed, consecutively numbered, and made a part of the records
of such court, all declarations of intention and petitions for
naturalization.
REVOCATION OF NATURALIZATION
Concealment
material fact. SEC. 840. (a) I t shall be the duty of the United States district attor-
neys 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 naturalization on the
ground that such order and certificate of naturalization were pro-
cured by concealment of a material fact or by willful misrepresenta-
tion, and such revocation and setting aside of the order admitting
such person to citizenship and such canceling of certificate of natu-
ralization shall be effective as of the original date of the order and
Refusal to t e s- certificate, respectively: Provided^ That refusal on the part of a
tify.
naturalized citizen within a period of ten years following his natu-
ralization to testify as a witness in any proceeding before a congres-
sional committee concerning his subversive activities, in a case where
such person has been convicted of contempt for such refusal, shall be
held to constitute a ground for revocation of such person's naturaliza-
tion under this subsection as having been procured by concealment of
a material fact or by willful misrepresentation. 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.
Notice. (b) The party to whom was granted the naturalization alleged to
have been procured by concealment of a material fact or by willful
misrepresentation shall, 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 be absent from the United
States or from the judicial district in which such person last had his
residence, such notice shall be given either by personal service upon
him or by publication in the manner provided for the service of
summons by publication or upon absentees by the laws of the State
or the place where such suit is brought.
66 STAT.] PUBLIC LAW 4 1 4 - J U N E 27, 1952 261
M e m b e r ship in
(c) If a person who shall have been naturalized after the effective certain orga n i z a-
date of this Act shall within five years next following such naturaliza- tions.
tion become a member of or affiliated with any organization, member-
ship in or affiliation with which at the time of naturalization would
have precluded such i)erson from naturalization under the provisions
of section 313, it shall be considered prima facie evidence that such
person was not attached to the principles of the Constitution of the
United States and was not well disposed to the good order and hap-
piness 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 certif-
icate 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 to 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 Foreign resi-
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 be considered prima facie evidence of a lack of inten-
tion on the part of such person to reside permanently in the United
States at the time of filing his petition for 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 certif-
icate 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 to citizenship and
such canceling of certificate of naturalization shall be effective as
of the original date of the order and certificate, respectively. The
diplomatic and consular officers of the United States in foreign coun-
tries 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 proceed-
ings to^ revoke and set aside the order admitting to citizenship and to
cancel the certificate of naturalization.
Wife or m i n o r
(e) The revocation and setting aside of the order admitting any child.
person to citizenship and canceling his certificate of naturalization
under the provisions of subsection (a) of section 338 of the Nation-
ality Act of 1940 shall not, where such action takes place after the 54 Stat. 1158.
8 u s e 738.
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 Citizen through
naturalizati on of
naturalization of a parent or spouse in whose case there is a revocation parent or spouse.
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 pro-
cured 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 he may have, now has, or may
hereafter acquire under and by virtue of such naturalization of such
262 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STAT,
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 the order admitting such parent or spouse to citizenship. Any
person who claims United States citizenship through the naturaliza-
tion of a parent or spouse in w^hose case there is a revocation and set-
ting aside of the order admitting such parent or spouse to citizenship
and the cancellation of the certificate of naturalization under the pro-
visions 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 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 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 naturali-
zation, 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.
N a t u r e lization (g) When a person shall be convicted under section 1425 of title 18
u n l a w f u l l y pro-
cured. of the United States Code of knowingly procuring naturalization in
62 Stat. 766.
violation of law, the court in which such conviction is had shall there-
upon revoke, set aside, and declare void the final order admitting such
person to citizenship, and shall declare the certificate of naturalization
of such person to be canceled. Jurisdiction is hereby conferred on the
courts having jurisdiction of the trial of such offense to make such
adjudication.
C a n c e l l a t i o n of
certificate. (h) Whenever an order admitting an alien to citizenship shall be
revoked and set aside or a certificate of naturalization shall be canceled,
or both, as provided 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 order, it shall direct the clerk of court in w^hich the order is re-
voked and set aside to transmit a copy of such order and judgment to
the court out of which such certificate of naturalization shall have been
originally issued. I t shall thereupon be the duty of the clerk of the
court receiving such 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 which the decree of cancellation was made, or by the Attorney
General, surrender the same to the Attorney General.
Applicability. (i) The provisions of this section shall apply not only to any nat-
uralization granted and to certificates of naturalization and citizen-
ship 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 naturalization granted by any
court, or by a designated representative of the Commissioner under
56 Stat. 182. the provisions of section 702 of the Nationality Act of 1940, as
8 u s e 1002.
amended, or b}^ such designated representative under any other act.
Power of court. (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
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 263
rules of procedure or statutes governing the jurisdiction of the court
to take such action.
CERTIFICATES OF C I T I Z E N S H I P ; PROCEDURE
SEC. 341. A person who claims to have derived United States citi-
zenship through the naturalization of a parent or through the natu-
ralization or citizenship of a husband, or who is a citizen of the United
States by virtue of the provisions of section 1993 of the United States
Revised Statutes, or of section 1993 of the United States Revised Stat-
utes, 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 provi-
sions of subsection (c), ( d ) , (e), ( g ) , or (i) of section 201 of the
Nationality Act of 1940, as amended (54 Stat. 1138; 8 U. S. C. 601),
or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (3), (4), « "^c eoi note.
(5), or (7) of section 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 provisions 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 General that the appli-
cant 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 individual shall be furnished by the Attorney
General with a certificate of citizenship, but only if such individual
is at the time wdthin the United States.
CANCELLATION OF CERTIFICATES ISSUED BY T H E ATTORNEY GENERAL, T H E
COMMISSIONER OR A D E P U T Y C O M M I S S I O N E R ; ACTION N O T TO AFFECT
C I T I Z E N S H I P STATUS
SEC. 342. The Attorney General is authorized to cancel any cer-
tificate of citizenship, certificate of naturalization, copy of a declara-
tion 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 from, 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 docu-
ment or record has been issued or made shall be given at such person's
last-known place of address w^ritten 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 document 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.
D O C U M E N T S A N D COPIES ISSUED BY T H E ATTORNEY GENERAL
SEC. 343. (a) A person w^ho claims to have been naturalized in the
United States under section 323 of the Nationality Act of 1940 may i'^ufc^VaV.^^*
make application to the Attorney General for a certificate of naturali-
zation. 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
264 PUBLIC LAW 414-JUNE 27, 1952 [66 STAT.
naturalization by the Attorney General, but only if the applicant is at
the time within the United States.
(b) If any certificate of naturalization or citizenship issued to any
citizen or any declaration of intention furnished to any declarant is
lost, mutilated, or destroyed, the citizen or declarant may make appli-
cation 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 applicant
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 naturali-
zation for use by such citizen only for the purpose of obtaining recog-
nition as a citizen of the United States by a foreign state. Such cer-
tificate 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 natu-
ralization, been changed by order of any court of competent jurisdic-
tion, or by marriage, the citizen may make application for a new cer-
tificate of naturalization in the new name of such citizen. If the
Attorney General finds the name of the applicant 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 (xeneral is authorized to make and issue certifica-
tions 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
SEC. 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 certifi-
cate 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
following fees:
(1) For application for a certificate of naturalization or declaration
of intention 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 citizen-
ship to obtain recognition, $5.
(4) For application for a certificate of naturalization under section
|\jf|*- 1149. 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 estab-
lished by law, to cover the cost of furnishing copies, whether certified
or uncertified, of any part of the records, or information from the
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 265
records, of the Service. Such fees shall not exceed a maximum of 25
cents per folio of one hundred words, with a minimum 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 shall 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 offi-
cial use in connection with the official 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 alleged to have been lost, mutilated, or destroyed, sub-
mitted 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 5,1902; 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 1917;
or who has served or hereafter serves in the military, air, or naval
forces of the United States after September 16,1940, and who was not
at any time during such period or thereafter separated from such
forces under other than honorable conditions, who was not a conscien-
tious 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 and 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 and pay over
to the Attorney General all fees collected by any such clerk in natural-
ization proceedings: Provided^ 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 natural-
ization 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 from fees retained under the
provisions of this section 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
he 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
PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 S T A T .
an alien in the military, air, or naval service of the United States for
filing a petition for naturalization or issuing a certificate of naturaliza-
tion 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.
(i) I n addition to the other fees required by this title, the petitioner
for naturalization shall, upon the filing of a petition for naturaliza-
tion, deposit Avith 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, if any, shall be returned by
the clerk to the petitioner.
M A I L RELATING TO N A T U R A L I Z A T I O N T R A N S M I T T E D FREE OF POSTAGE A N D
REGISTERED
SEC. 345. All mail matter of whatever class, relating to naturaliza-
tion, including 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.
A U T H O R I Z A T I O N GRANTED FOR P U B L I C A T I O N A N D D I S T R I B U T I O N OF C I T I Z E N -
S H I P TEXTBOOKS FROM N A T U R A L I Z A T I O N F E E S
SEC. 346. Authorization is hereby granted for the publication and
distribution of the citizenship textbook described in subsection (b) of
section 332 and for the reimbursement of the appropriation of the
Department of Justice upon the records of the Treasury Department
from the naturalization fees deposited in the Treasury through the
Service for the cost of such publication and distribution, such reim-
bursement to be made upon statements by the Attorney General of
books so published and distributed.
C O M P I L A T I O N OF N A T U R A L I Z A T I O N STATISTICS A N D P A Y M E N T FOR
EQUIPMENT
SEC. 347. The Attorney General is authorized and directed to pre-
pare 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 economic, vocational, and other
classification, in statistical form, with analytical comment thereon, and
to prepare such report annually hereafter. Payment for the equip-
ment used in preparing such compilation shall be made from the ap-
propriation for the enforcement of this Act by the Service.
66 S T A T . ] P U B L I C LAW 4 1 4 - J U N E 27, 1952 267
A D M I S S I B I L I T Y I N EVIDENCE OF T E S T I M O N Y AS TO S T A T E M E N T S V O L U N -
T A R I L Y MADE TO OFFICERS OR E M P L O Y E E S I N T H E COURSE OF T H E I R
OFFICIAL DUTIES
SEC. 348. (a) I t 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 employee 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 defendant is shown to have made
affidavit, or oath, or to have been a witness pursuant to such law or laws.
(b) I n case 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.
CHAPTER 3—Loss OF NATIONALITY
LOSS OF N A T I O N A L I T Y BY NATIVB-BORN OR NATURALIZED C I T I Z E N
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 naturaliza-
tion, 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 authorized 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
effective 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) ( E ) ; or
(2) taking an oath or making an affirmation or other formal
declaration of allegiance to a foreign state or a political sub-
division 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 spe-
cifically authorized in writing by the Secretary of State and the
Secretary of Defense: Provided, That the entry into such service
by a person prior to the attainment of his eighteenth birthday shall
268 PUBLIC LAW 4U-JUNE 27, 1952 [66 S T A T .
serve to expatriate such person only if there exists an option to
secure a release from such service and such person fails 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 subdivision thereof, if he has or acquires the nation-
ality of such foreign state; or (13) accepting, serving in, or per-
forming the duties of any office, post, or employment under the
government of a foreign state or a political subdivision thereof,
for which office, post, or employment an oath, affirmation, or dec-
laration of allegiance is required; or
(5) voting in a political election in a foreign state or partici-
pating in an election or plebiscite to determine the sovereignty
over foreign territory; or
(6) making a formal renunciation of nationality before a diplo-
matic 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 nationality in such form as may be prescribed by, and before
such officer as may be designated by, the Attorney General, when-
ever the United States shall be in a state of war and the Attorney
General shall approve such renunciation 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 dis-
honorably discharged from the service of such military, air, or
naval forces: Provided^ That, notwithstanding loss of nationality
or citizenship under the terms of this or previous laws by reason
of desertion committed in time of w^ar, restoration to active duty
with such military, air, or naval forces in time of war or the
reenlistment or induction of such a person in time of war with
permission of competent military, air, or naval authority shall
be deemed to have the immediate effect of restoring such nation-
ality or citizenship heretofore or hereafter so lost; or
(9) committing any act of treason against, or attempting by
force to overthrow, or bearing arms against, the United States,
if and when he is convicted 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 time of war or during a period declared by
the President to be a period of national emergency for the purpose
of evading or avoiding 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 provision of any compul-
sory 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 w^ho commits or performs any act specified in sub-
section (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 immediately prior to
such act. , , . '
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 269
: ;, DUAL N A T I O N A L S ; DIVESTITURE OF N A T I O N A L I T Y
SEC. 350. A person wlio 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
displomatic or consular 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 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 expatri-
ate 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 fulfillment of any of the con-
ditions specified in this chapter if and when the national thereafter
takes up a residence outside the United States and its outlying
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 to have 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 N A T I O N A L I T Y BY N A T U R A U Z E D N A T I O N A L
SEC. 352. (a) A person who has become a national by naturaliza-
tion shall lose his nationality by—
(1) having a continuous residence for three years in the terri-
tory 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 353 of this title, whether such residence commenced
before or after tlie 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
provision of section 353 shall not be counted in computing quantum
of residence.
f# PUBLIC LAW 414-JUNE 27, 1952 [66 S TA T ,
(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 35 2 N O T 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 Gov-
ernment of the United States; or
(2) is receiving compensation from the Government of the
United States and has his residence abroad on account of disabil-
ity 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 resi-
dence is established; or
(4) had his residence abroad on October 14, 1940, and tem-
porarily has his residence abroad, or who thereafter has gone or
goes abroad and temporarily has his residence abroad, solely
or principally to represent a bona fide American educa-
tional, scientific, philanthropic, commercial, financial, or busi-
ness 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 interna-
tional 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 per-
sonal care and attendance: Provided^ That in such case the person
having his residence abroad shall, at least every six months, regis-
ter at the appropriate Foreign Service office and submit 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 citizen, and who has
his residence 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 of 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 posses-
sions, who originally had American nationality and who, after
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 271
having lost such nationality through marriage to an alien, re-
acquired it; or
(10) has, by Act of Congress or by treaty, United States na-
tionality solely by reason of former nationality and birth or
residence in an area outside the continental United States: Prov-
vided^ That subsections (b) and (c) of section 404 of the Nation-
54 Stat. 1170.
ality 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 denned in
this paragraph.
SECTION 3 52 (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 I I , 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 contin-
uously 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 Na-
tionality Act of 1940, shall not be subject to the provisions or I^Js^c^soe.*^*
requirements of section 352 (a) (1) of this title: Provided fur-
ther^ 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 W a r I I ;
(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 enter-
prise 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
States and who has attained the age of sixty years, and who has
had a residence outside 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 out-
lying 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;
(4) who has attained the age of sixty years, and has had a resi-
dence outside 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
272 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
(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.
LOSS o r AMERICAN N A T I O N A L I T Y T H R O U G H P A R E N T ' S E X P A T R I A T I O N ; N O T
^^, EFFECTIVE U N T I L PERSON A'm^AINS AGE o r T W E N T Y - F I V E 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 na-
tionality by the parent unless and until the person attains the age of
twenty-five years w^ithout having established his residence in the
United States.
N A T I O N A L I T Y LOST SOLELY FROM P E R F O R M A N C E O F ACTS OR
F U L F I L L M E N T OF CONDITIONS
SEC. 356. The loss of nationality under this chapter shall result
solely from the performance by a national of the acts or fulfillment of
the conditions specified in this chapter.
A P P L I C A T I O N OF TREATIES ; E X C E P T I O N S
.-oii >: 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^ hoioever^ That no woman who was a na-
tional 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, notwith-
standing the provisions of any existing treaty or convention.
CHAPTER 4—MISCELLANEOUS
CERTIFICATE OF DIPLOMATIC OR CONSULAR OFFICER OF THE UNITED STATES
AS TO L O S S O F A M E R I C A N N A T I O N A L I T Y UNDER C H A P T E R IV, N A T I O N A L I T Y
A C T O F 1 9 4 0 , OR UNDER C H A P T E R 3 OF T H I S T I T L E
S E C 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 I V of the Nationality
i'us^c^so^cJ-s^io. -^^t of 1940, as amended, he shall certify the facts upon which such
belief is based to the Department of State, in writing, under regula-
tions prescribed by the Secretary of State. If the report of the dip-
lomatic 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 diplomatic 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.
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 273
CERTIFICATE OF N A T I O N A L I T Y TO BE ISSUED BY T H E SECRETARY O F STATE FOR > • :
A PERSON N O T A NATURALIZED C I T I Z E N OF T H E U N I T E D STATES FOR U S E
I N PROCEEDINGS OF A FOREIGN STATE
S E C 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 anj^ 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 certififcate shall
be solely for use in the case for which it was issued and shall be trans-
mitted by the Secretary of State through appropriate official channels
to the judicial or administrative officers of the foreign state in which it
is to be used.
PROCEEDINGS FOR DECLARATION OF U N I T E D STATES N A T I O N A L I T Y I N THE
E V E N T O F D E N I A L OF R I G H T S A N D PRIVILEGES AS N A T I O N A L
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 in-
stituted 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 ad-
ministrative 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 w^ithin the United States claims a idenmy'''*" ^^'^ °*
right or privilege as a national of the United States and is denied such
right or privilege by any department or independent agency, or offi-
cial 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 Appeal,
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 issu-
ance 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 phy-
sically present in the ITnited 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 certificate 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 provisions of this Act relating to the conduct
of proceedings involving aliens seeking admission to the United
274 PUBLIC LAW 4 1 4 - J U N E 27, 1952 [66 STAT.
Review. 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.
T I T L E IV—MISCELLANEOUS
J O I N T CONGRESSIONAL COMMITTEE
SEC. 401, (a) There is hereby established a joint congressional com-
mittee 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 Judiciary 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.
Chairman. (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.
(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.
Reports. (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 Committee from time to time
with respect to their activities under this Act.
Hearings. (g) The Committee or any duly authorized Subcommittee thereof
is authorized 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 sec-
2 u s e 192, 194. tions 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,
Travel e x p e n s e s ,
etc. (h) The members of the Committee shall serve without compen-
sation 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 meet-
ings of the Committee held in the District of Columbia during such
times as the Congress is in session.
66 S T A T . ] PUBLIC LAW 414-JUNE 27, 1952 275
(i) The Committee is authorized, without regard to the civil service Personnel.
laws or the Classification Act of 1949, to appoint and fix the com- 63 Stat. 954.
pensation of such clerks, experts, consultants, and clerical and steno- 5 u s e 1071 note.
graphic assistants as it deems necessary and advisable. The Com-
mittee 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 expenses
in connection with meetings of the Committee held in the District of
Columbia during such times as the Congress is in session. The chair-
man of the Committee on the Judiciary of the Senate and the chair-
man of the Committee on the Judiciary of the House of Representa-
tives 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 Representatives, 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 of Esection.
f f e c tive date
this Act.
AMENDMENTS TO OTHER LAWS
SEC. 402. (a) Section 1546 of title 18 of the United States Code 62 Stat. 771.
is amended to read as follows:
"§ 1546. Fraud and misuse of visas, permits, and other entry docu-
ments
"Whoever, knowingly forges, counterfeits, altei-s, or falsely makes
any immigrant 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, counterfeited, altered, or falsely
made, or to have been procured by means of any false claim or state-
ment, or to have been otherwise procured by fraud or unlawfully
obtained; or
"Whoever, except under direction of the Attorney General or the
Commissioner 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 impression
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 Commissioner of the Immigration and Natu-
ralization Service for the printing of such visas, permits, or docu-
ments; 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 fic-
titious 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 docu-
93300 O - 53 - 21
276 PUBLIC LAW 414-JUNE 27, 1952 [66 ST AT.
ment 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."
62 Stat. 766. (b) Chapter 69 of title 18, United States Code, is amended by add-
ing after section 1428 the following new section:
"SEC. 1429. Penalties for neglect or refusal to answer subpena.
"Any person who has been subpenaed under the provisions of sub-
section (e) of section 336 of the Immigration and Nationality Act to
appear at the final hearing 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."
62 Stat. 756. (c) Section 1114 of title 18, United States Code, is amended by de-
leting the language "any immigrant inspector or any immigration
patrol inspector" and by substituting therefor the language "any im-
migration officer".
(d) Subsection (c) of section 8 of the Act of J u n e 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-
64 Stat. 316. first Congress, second session), entitled "An Act to provide for the
8 u s e 724a-1.
enlistment of aliens in the regular army" is amended to read as fol-
lows:
Regular Army "SEC. 4. Notwithstanding the dates or periods of service specified and
service.
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 honorably discharged 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 other-
wise 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 per-
manent residence within the meaning of such section 329 ( a ) . "
(f) Section 201 of the Act of January 27, 1948 (Public Law 402,
22 u s e 1446. Eightieth Congress, second session, 62 Stat. 6) entitled "An Act to
promote the better understanding of the United States among the
peoples of the world and to strengthen cooperative international rela-
tions" is amended to read as follows:
Information a n d
e d u c a t i o nal ex- "SEC. 201. The Secretary is authorized to provide for interchanges
changes. on a reciprocal basis between the United States and other countries of
students, trainees, teachers, guest instructors, professors, and leaders
in fields of specialized knowledge 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 Secre-
tary may provide for orientation courses and other appropriate serv-
ices 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 reciprocity the Secretary shall terminate
or limit such program, with respect to such country, to the extent he
66 STAT.] PUBLIC LAW 414-JUNE 27, 1952
deems to be advisable in the interests of the United States. The persons persons*.^ * ^°" °^
specified in this section shall be admitted as nonimmigrants under
section 101 (a) (15) of the Immigration and Nationality Act, for such t
time 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 section who fails to maintain the status D e p ortation
authority.
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 sec-
tions 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 con-
clusive. 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. 899; 62 Stat. 602; 49 U. S. C. 1 ( 7 ) ) , is
further amended by deleting 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 soni^^Act'of ^ r
of June 25,1948, as amended (62 Stat. 1009; 64 Stat. 219), is amended amendments,
by deleting therefrom the language "from the immigration quota for note. ^^^' ^^^^
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. 1009; 64 Stat. 219), is amended by
deleting the language "as defined in section 6 of the Act of May 26,
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 J u n e 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 of the
Immigration Act of May 26, 1924," and by substituting therefor the 8 u s e 212.
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 J u n e 25, 1948, as amended (62 Stat.
1009; Public Law 60, Eighty-second Congress), is amended to read 65 Stat. 96.
50 u s e app,
as follows: 1954.
"SEC. 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 Immigration 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 deleting the language
"section 6 of the Immigration Act of 1924, as amended (8 U. S. C.
206)," and by substituting therefor the language "section 203 of the
Immigration and Nationality Act,". The last sentence of section 6
278 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
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
8 use 155, 156. amended." and by substituting therefor the language "sections 241,
242, and 243 of the Immigration and Nationality Act."
(6) 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 Immigra-
tion Act of May 26, 1924 (8 U. S. C. 211)," and by substituting there-
for 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. C. 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 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 ap-
plicable to persons whose admission is authorized under the provisions
of this section."
(i) (1) Section 1 of the Act of March 2, 1931 (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 deleting the word "inspectors" and by substituting there-
for the words "immigration officers".
8^u^*c*723 note. (J) Public Law 114, Eiglity-secoud Congress, first session, is hereby
amended to read as follows:
u.^.^citiiJiil!'"'"*'' "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 naturalization
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 have, 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 Immigration 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 communism.
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.
8 use 723. ug^^_ 2 Tj^g ^c^. (jf August 7. 1946 (Public Law 614; 60 Stat. 866),
is hereby repealed."
66 S T A T . ] PUBLIC LAW 4 1 4 - J U N E 27, 1952 S^
:,, LAWS REPEALED
SEC. 403. (a) The following Acts and all amendments thereto and
]>arts 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) ; » ^^c u i .
(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 Feb-
ruary 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) ; 3i use 530.
(10) Section 2 (e) of Act of February 9,1909 (35 Stat. 614; 42 Stat.
596;21IT.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 Serv-
ice" 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) ; « "sc 150 note.
(14) Section 5b of Act of March 2, 1917 (39 Stat. 951; 48 Stat.
1245; 48 11. S. C.733a-1);
(15) Act of May 22,1918 (40 Stat. 559; 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) ; » use 136 note.
(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 Con-
trol Act" in the Act of March 2,1921 (41 Stat. 1217; 22 U. 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 Mav 26,1924 (43 Stat. 153); « "se 201.
(24) Act of February 25,1925 (43 Stat. 976; 8 U. S. C. 202 (i)) ;
(25) The last proviso to the paragraph headed "Bureau of Immi-
gration" in title I V 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
IT. S.C. 1 7 7 ( d ) ) ;
(27) Act of May 26,1926 (44 Stat. 657; 8 U. 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, 1929 (45 Stat. 1551; 8 U. S. C. 180-180d);
(31) Actof February 18,1931 (46Stat. 1171; 8 U . S . C. 156a);
(32) Act of March lY, 1932 (47 Stat. 67; 8 U. 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 U. S. C. 1244);
(36) Section 3 of the Act of May 14, 1937 (50 Stat. 165; 8 U. S. C.
213a) ;
280 PUBLIC LAW 414-JUNE 27, 1952 [66 S T A T .
(37) Act of August 19,1937 (50 Stat. 696, ch. 698);
(38) Act of July 27, 1939 (53 Stat. 1133; 48 U. S. C. 1251-1257) ;
(39) Title I I I of Act of June 28, 1940 (54 Stat. 673; 8 U. S. C.
451^60) ;
8 use 720a. (49) 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, 1941 (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 I I I of the Supplemental Appropriation Act, 1951
fu|c**i55°a*' (Public Law 843, Eighty-first Congress);
fusc'ii7?9 i3> (^^) ^^^ ^^^ ^t March 28, 1951 (Public Law 14, Eighty-second
10. ' 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 necessary to carry out the provisions of this Act.
SAVINGS CLAUSES
SEC. 405. (a) Nothing contained in this Act, unless otherwise specifi-
cally provided therein, shall be construed to affect the validity of any
.e)o/ Pv' .-' 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 pro-
ceeding 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 exist-
,j, ing, at the time this Act shall take effect; but as to all such prosecu-
tions, 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 admis-
sibility shall be determined under the provisions of law in effect on
the date of the issuance of such visa. An application for suspension
|5y|tat.^ 889. of deportation under section 19 of the Immigration Act of 1917, as
amended, or for adjustment of status under section 4 of the Displaced
|2 st^t^^on. Persons Act of 1948, as amended, which is pending on the date of
1953. * enactment of this Act, shall be regarded as a proceeding within the
meaning of this subsection.
(b) Except as otherwise specifically provided in title I I I , any peti-
tion for naturalization heretofore filed which may be pending at the
time this Act shall take effect shall be heard and determined in accord-
ance with the requirements of 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
66 STAT.] PUBLIC LAW 414-JUNE 27, 1962
)
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 Independent Offices Appropriation Act, 1952 (Public
Law 137, Eighty-second Congress, approved August 31,1951), may be l^yjic'i^?'
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 so use 403j.
Law 535, Eighty-first Congi*ess, second session), nor title V of the Ag- 22 use I's01
ricultural Act of 1949, as amended (Public Law 78, Eighty-second ""gs'stat. 119.
Congress, first session). 1468^^^ i4 6i-
SEPARABILITY
SEC. 406. If any particular provision of this Act, or the applica-
tion thereof to any person or circumstance, is held invalid, the remain-
der of the Act and the application of such provision to other persons
or circumstances shall not be affected thereby.
EFFECTIVE DATE
SEC. 407. ExcqDt 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 one hundred eightieth day immediately follow-
ing the date of its enactment.
S a m Rayburn
Speaker of the House of Representatives.
A l b e n W. B a r k l e y
Vice President of the United States and
President of the Senate,
In the H o u s e of R e p r e s e n t a t i v e s , U . S .
June 26, 1952.
The H o u s e of R e p r e s e n t a t i v e s having p r o c e e d e d
to r e c o n s i d e r the b i l l (H. R. 5678) entitled " A n
A c t to r e v i s e the l a w s r e l a t i n g to i m m i g r a t i o n ,
n a t u r a l i z a t i o n , and nationality; and for other p u r -
p o s e s , " r e t u r n e d by the P r e s i d e n t of the United S t a t e s
with h i s o b j e c t i o n s , to the H o u s e of R e p r e s e n t a t i v e s ,
in which it o r i g i n a t e d , it w a s
Resolved , That the s a i d bill p a s s , t w o - t h i r d s of
the H o u s e of R e p r e s e n t a t i v e s a g r e e i n g to p a s s the
same.
Attest: Ralph R R o b e r t s
Clerk.
I c e r t i f y that this Act o r i g i n a t e d in the H o u s e of
Representatives. , , , .
Ralph R R o b e r t s
Clerk.
282 PUBLIC LAW 415-JUNE 27, 1952 [66 ST A T
In t h e S e n a t e of t h e U n i t e d S t a t e s ,
June 27. 1952.
The S e n a t e having p r o c e e d e d to r e c o n s i d e r the
b i l l ( H . R . 5 6 7 8 ) e n t i t l e d " A n A c t to r e v i s e the l a w s
r e l a t i n g t o i m m i g r a t i o n , n a t u r a l i z a t i o n , and n a -
t i o n a l i t y ; and for o t h e r p u r p o s e s " , r e t u r n e d by the
P r e s i d e n t of t h e U n i t e d S t a t e s w i t h h i s o b j e c t i o n s ,
t o the H o u s e of R e p r e s e n t a t i v e s , i n w h i c h i t o r i g -
i n a t e d , a n d p a s s e d b y the H o u s e of R e p r e s e n t a t i v e s
o n r e c o n s i d e r a t i o n of t h e s a m e , i t w a s
Resolved , T h a t t h e s a i d b i l l p a s s , t w o - t h i r d s of
the S e n a t o r s p r e s e n t h a v i n g v o t e d in the a f f i r m a t i v e .
Attest: L e s l i e L. B i f f l e
Secretary.
Public Law 415 CHAPTER 4 7 8
June 27, 1952
AN ACT
[S.2610] Providing tliat excess-land provisions of the Federal reclamation laws shall
not apply to certain lands that will receive a supplemental or regulated water
supply from the San Luis Valley project, Colorado.
Be it enacted l)y the Senate and House of Representatives of the
San Luis Valley United States of America in Congress assemhled., That the excess-land
project, Colo.
provisions of the Federal reclamation laws shall not be applicable to
lands or to the ownership of lands which receive a supplemental or
regulated supply of w^ater from the San Luis Valley project, Colo-
rado: Provided., however., That, in lieu of the acreage limitations
contained in such provisions, no landowner shall receive from such
project a supplemental or regulated w'ater supply greater in quantity
than that reasonably necessary to irrigate four hundred and eighty
acres of land served by such project: Provided further., That the pro-
visions of this Act are intended to meet the special conditions exist-
ing on the lands served or to be served by the San Luis Valley project,
Colorado, and shall not be considered as altering the general policy
of the United States with respect to the excess-land provisions of the
Federal reclamation laws.
Approved June 27, 1952.
Public Law 416 CHAPTER 479
June 28, 1952 AN ACT
[S. 677] To fix the personnel strength of the United States Marine Corps, and to establish
the relationship of the Commandant of the Marine Corps to the Joint Chiefs
of Staff.
Be it enacted hy the Senate and House of Representatives of the
Marine Corps.
P e r s o n n e l United States of America in Congress assemhled., That the first sen-
strength.
61 Stat. 502.
tence of section 206 (c) of the National Security Act of 1947 is hereby
5 u s e 411a. amended to read as follows: "The United States Marine Corps, within
the Department of the Navy, shall be so organized as to include not
less than three combat divisions and three air w'ings, and such other
land combat, aviation, and other services as may be organic therein,
and except in time of war or national emergency hereafter declared
by the Congress the personnel strength of the Regular Marine Corps
shall be maintained at not more than four hundred thousand."
5 u s e 171f. SEC. 2. Section 211 (a) of the National Security Act of 1947 (61
