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U. S.-Inheritance Tax Laws of the States; Legal Aid Societies

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having principal office in the State for charitable, religious or educational purposes. Virginia--The State inheritance tax law amended in 1926 to correspond to the rates in the Federal Revenue Act of 1926, by providing that the minimum inheritance tax imposed shall, in no case be less than 80% of the tax imposed by the act of Congress.

The rate of inheritance tax to father, mother. grandfathers, grandmothers, children by blood or adoption, husband, wife, and all other lineal ancestors or lineal descendants (exemption, $5,000) is 1% on up to $50,000 of the devise, and rises to 5% on the excess over $1,000,000. Brother, sister, nephew or niece, get $2,000 exemption and the rates vary from 2% to 10%. Other beneficiaries get $1,000 exemption each, and the rates vary from 5% to 15%.

Washington-This is a community-property state, and hence one-half of the estate after debts and expenses are paid, is set over to the surviving spouse without tax. There is also a class exemption of $10,000 in the net value of an estate passing to grandfather, grandmother, father, mother, husband, wife, child, stepchild, adopted child, or lineal descendant of decedent, rate of tax from 1% to 10%; $1,000 class exemption in the estate passing to brothers and sisters. rate from 1% to 20%; all others without exemption, rate from 10% to 25%. Estate passing to certain charitable and religious organizations are exempt.

West Virginia-To wife, husband, child, step-child, descendants of child, father or mother of decedent, not exceeding $50,000, 3%; to brother or sister including those of half blood, 4%; to those further removed in relationship from decedent than brother or sister, 7%; to those of no blood relationship, stranger, institutions, corporate or otherwise, 10% of market value of property received. The tax rates range from 3% to 30%, according to the degree of relationship and the size of inheritance. ExemptionsProperty transferred to State, County, school district or municipality thereof for public purposes; property transferred in trust or for use solely for educational, literary, scientific, religious or charitable purposes, if used entirely within State. To widow, under the law as amended (effective May 28, 1941) a widow re

ceived a flat $15,000 exemption; the husband, child, step-child, father or mother, or descendants of any child, each receives a flat $5,000 exemption, said amounts being deducted in each case, regardless of amount received. Wisconsin-Tax of 2% to husband, wife, lineal descendants, lineal ancestors, adopted child, and lineal issue thereof; to brothers, sisters and their descendants, wife or widow of son, or husband of daughter. To uncles, aunts or their descendants, 6%. To all others, 8%. When the estate is above $25,000 the above rates are multiplied as follows: $25,000 to $50,000, 2 times on excess; $50,000 to $100,000, 3 times on excess; $100,000 to $500,000, 4 times on excess; above $500,000, 5 times on excess. But no such tax, however, shall exceed 15% of the property transferred to any beneficiary. Moreover, the figures as to multiplication of tax refer to each separate beneficiary and not to the estate as a whole. Under an Emergency Relief Act, applicable from March 27, 1935, to July 1, 1937, a tax was imposed equal to 25% of the excess of $100 of the normal inheritance tax on each transfer. This Relief Tax was extended to July 1, 1939, but was amended by the special session of the legislature for 1937, which amendment became effective as to the estates of all decedents who may die on or after Oct. 21, 1937, and prior to July 1, 1941. This amendment eliminated the $100 normal tax exemption and increased the tax rate from 25% to 30%. The emergency tax is now 30% of the normal tax. Exemptions$5,000 to husband, $15,000 to widow, $2,000 to brothers, sisters and descendants, husband of daughter, wife or widow of son, lineal descendants or ancestors, and lesser amounts to other relatives, down to $100 exemptions to strangers in blood.

Wyoming-Husband, wife, parent, child, adopted child or adopted parent, brother or sister-exempt, $10,000; over exemption 2%; grandparents, grandchild, half-brother, half-sister, exemption $5,000; over exemptions, 4%. All other excepting charitable, etc.-no exemptions, 6%. Gifts for state, municipal, charitable, educational or religious purposes or to any institution for use in the preservation of wild fowls or game or proceeds of insurance policies payable to named beneficiaries other than insured's estate, entirely exempt.

The Legal Aid Society

Source: Officials of the New York and National Organizations. The Legal Aid Society was organized (1876) to render legal aid, gratuitously, if necessary, to all who appear to be in need of such aid and deserying thereof and unable to procure it elsewhere, including gratuitous legal aid to any poor person accused of crime, and to promote measures for the protection of poor persons with respect to their legal rights.

The Society's offices are: Main office and Seamen's Branch, 11 Park Place, and the Criminal Courts Branch at 32 Franklin Street.

The Society is in its 65th year of continuous work; it has served 1,344.391 and has collected $5,296.899.58 for them, besides rendering a vast amount of legal service not measured in dollars and cents. In 1939 the Society handled 33,895 cases, of which 29,528 were civil matters conducted by its Main Office and Seamen's Branch, and 4,367 criminal defenses by the Criminal Courts Branch.

men's compensation matters, though in the latter modest allowances are accepted on lump-sum awards. Other fees are charged in the event of the collection of moneys or property or successful handling of other types of cases. These are nominal and are to enable the Society to assist other persons. They are governed by the Society's rules and are made known to clients on request.

The work performed by the Society is confined to New York City, except so far as it cooperates with legal aid societies in other cities.

The scope of the Society's work embraces a wide range of legal problems, from simple wage and other money claims up to more involved matters, such as matrimonial questions. Seamen's claims and certain types of workmen's compensation cases are handled by the Seamen's Branch. The Criminal Courts Branch functions in the Court of General Sessions, and in the Court of Special Sessions, and the Felony Court in Manhattan only. The Society endeavors not to compete with the bar. It maintains an information bureau as to agencies in the legal field and their work, but does not advise over the telephone in individual cases.

A registration fee of 50c is charged to applicants who are able to pay, except that no fee of any kind is charged in criminal matters or in workLEGAL-AID WORK IN NEW YORK CITY AND ELSEWHERE IN THE UNITED STATES

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Figures in the table include operations of the National Association of Legal Aid Organizations, unincorporated, with headquarters at Duke University, Durham, N. C.

84

331,970

727,499

481,756

86

306,262

664,390 566,260

91

272,723

751,341 524,731

85

98 260,400 104 247.248 267.417 70 273,971

626.903

566,220

586,383 573,848

573,253 687,544

687,032 630,125

1940 Law Defining U. S. Nationals and Citizens

Source: United States Department of Justice

Under the Act approved October 14, 1940, effective January 13, 1941, the following persons are considered nationals and citizens of the United States at birth.

Sec. 201. The following shall be nationals and citizens of the United States at birth:

(a) A person born in the United States and subject to the jurisdiction thereof;

(b) A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, 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;

(c) 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 resided in the United States or one of its outlying possessions, prior to the birth of such person;

(d) 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 resided in the United States or one of its outlying possessions prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States.

(e) A person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person;

(f) A child of unknown parentage found in the United States, until shown not to have been born in the United States;

(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States, who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twentyone years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States, or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.

The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child's birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commer

cial, or financial organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation;

(h) The foregoing provisions of subsection (g) concerning retention of citizenship shall apply to a child born abroad subsequent to May 24, 1934.

Sec. 202. All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction of the United States, residing on the effective date of this Act 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.

Sec. 203. (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, is declared to be a citizen of the United States.

Sec. 204. Unless otherwise provided in Section 201, the following shall be nationals, but not citizens of the United States at birth.

(a) A person born in an outlying possession of the United States of parents one of whom is a national, but not a citizen, of the United States:

(b) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have resided in the United States or one of its outlying possessions prior to the birth of such person;

(c) A child of unknown parentage found in an outlying possession of the United States, until sho vn not to have been born in such outlying possession.

Sec. 205. The provisions of Section 201, subsections (c), (d), (e), and (g), and section 204, subsections (a) and (b), hereof apply, as of the date of birth, to a child born out of wedlock, provided the paternity is established during minority, by legitimation, or adjudication of a competent court.

In the absence of such legitimation or adjudication, the child, whether born before or after the effective date of this Act, if the mother had the nationality of the United States at the time of the child's birth, and had previously resided in the United States or one of its outlying possessions, shall be held to have acquired at birth her nationality status.

Loss of Nationality, Act of 1940

SEC. 401. A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: Provided, however, That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of 23 years without acquiring permanent residence in the United States: Provided further. That a person who has acquired foreign nationality through the naturalization of his parent or parents, and who at the same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of his Act to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he has elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claiming such American citizenship; or

(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or

(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States. if he has or acquires the nationality of such foreign state; or

(d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible;

or

(e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or

(f) Making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(g) Deserting the military or naval service of the United States in time of war, provided he is convicted thereof by a court martial: or

(h) Committing any act of treason against, or attempting by force to overthrow or bearing arms against the United States, provided he is convicted thereof by a court martial or by a court of competent jurisdiction.

SEC. 402. A national of the United States who was born in the United States or who was born in any place outside of the jurisdiction of the United States of a parent who was born in the United States, shall be presumed to have expatriated himself under subsection (c) or (d) of section 401. when he shall remain for six months or longer within any foreign state of which he or either of his parents shall have been a national according to

the laws of such foreign state, or within any place under control of such foreign state, and such presumption shall exist until overcome whether or not the individual has returned to the United States. Such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, or to an immigration officer of the United States, under such rules and regulations as the Department of State and the Department of Justice jointly prescribe. However, no such presumptions shall arise with respect to any officer or employee of the United States while serving abroad as such officer or employee, nor to any accompanying member of his family.

SEC. 403. (a) Except as provided in subsections (g) and (h) of section 401, no national can expatriate himself, or be expatriated, under this section 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 conditions specified in this section if and when the national thereafter takes up a residence abroad.

(b) No national under 18 years of age can expatriate himself under subsections (b) to (g), inclusive, or section 401.

SEC. 404. A person who has become a national by naturalization shall lose his nationality by:

(a) Residing for at least 2 years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, if he acquires through such residence the nationality of such foreign state by operation of the law thereof; or

(b) Residing continuously for 3 years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, except as provided in section 406 hereof.

(c) Residing continuously for 5 years in any other foreign state, except as provided in section 406 hereof.

SEC. 405. Section 404 shall have no application to a person:

(a) Who resides abroad in the employment and under the orders of the Government of the United States;

(b) Who is receiving compensation from the Government of the United States and residing abroad on account of disability incurred in its service.

SEC. 406. Subsections (b) and (c) of section 404 shall have no application to a person: (a) Who shall have resided in the United States not less than 25 years subsequent to his naturalization and shall have attained the age of 65 years when the foreign residence is established;

(b) Who is residing abroad upon the date of the approval of this Act, or who is thereafter sent

abroad, and resides abroad temporarily solely or principally to represent a bona fide American educational, scientific, philanthropic, religious, commercial, financial, or business organization, having its principal office or place of business in the United States, or an international agency or an official character in which the United States participates, for which he receives a substantial compensation;

(c) Who is residing abroad on account of ill health;

(d) Who is residing abroad for the purpose of pursuing studies of a specialized character or attending an institution of learning or a grade above that of a preparatory school, provided that such residence does not exceed 5 years;

(e) Who is the wife, husband, or child under 21 years of age of, and is residing abroad for the purpose of being with, an American citizen spouse or parent who is residing abroad for one of the objects or causes specified in section 405 or subsections (a), (b), (c), or (d) hereof;

(1) Who was born in the United States or one of its outlying possessions, who originally had American nationality, and who, after having lost such nationality through marriage to an alien, reacquired it.

SEC. 407. A person having American nationality, who is a minor and is residing in a foreign state with or under the legal custody of a parent who loses American nationality under section 404 of this Act, shall at the same time lose his American nationality if such minor has or acquires the nationality of such foreign state: Provided. That, in such case, American nationality shall not be lost as the result of loss of American nationality by the parent unless and until the child attains the age of 23 years without having acquired permanent residence in the United States.

SEC. 408. The loss of nationality under this Act shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Act.

SEC. 409. Nationality shall not be lost under the provisions of section 404 or 407 of this Act until the expiration of one year following the date of the approval of this Act: Provided, however, That a naturalized person who shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect immediately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of one year following the date of the approval of this Act unless it is overcome during such period.

SEC. 410. Nothing in this Act shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party upon the date of the approval of this Act.

Passport Regulations

Source: United States A person applying for a passport, or for the renewal or amendment of a passport, should name the countries he intends to visit and the object of his visit to each country. Passports are issued in American Samoa, Guam, Hawaii, Puerto Rico and the Virgin Islands by the chief executives of those islands; in the Philippines by the U. S. High Commissioner; in foreign countries by American consular officers. Passports will be issued by consuls abroad to the classes of persons mentioned below: (a) To native citizens, to whom departmental passports have been issued or who have been included in departmental passports subsequent to Jan 3, 1918, and to native citizens who are identified by service passports.

(b) To native and naturalized citizens, whose registration at a consulate is valid at the time when the application for a passport is filed.

(c) To naturalized citizens, to whom departmental passports have been issued, or who have been included in departmental passports, subsequent to Jan. 3, 1918.

(d) To citizens not included in the classes named above, in certain emergency cases.

There are certain instances, such as those mentioned below, in which consuls are not allowed to issue passports, unless specifically authorized by the Department of State:

(e) Persons who claim American citizenship, but who have never established their claims or whose claims are open to doubt. This class will include, among others:

1. Those persons who claim citizenship by birth in the U. S. and who adduce evidence in proof of their claims, which requires verification.

2. Those who claim citizenship by birth but who

Department of State

possess dual nationality and whose claims are of doubtful validity.

A fee of $9 is required for every citizen's passport issued. No fee charged for the issue of a passport to widow, child, parent, brother or sister of an American soldier, sailor or marine buried abroad, to visit country of burial. A fee of $1 is charged for executing all applications for passports.

By negotiations through American diplomatic and consular offices, non-immigrant visa fees have been waived as between the United States and Brazil, Costa Rica, Colombia, Denmark, Ecuador, Estonia, Guatemala, Honduras, Hungary, Iceland, Italy, Japan, Latvia, Liberia, Liechtenstein, Lithuania, Luxemburg, Mexico, Nicaragua, Norway, Panama, Persia (Iran), Peru, Salvador, Siam, Switzerland.

The following countries have not abolished such visa fees but have reduced them as shown: Australia, $2; Belgium, $8; Bulgaria, $2; Chile, $1.75; China, $2.50: Egypt, 10 gold francs; France, $2.75; Germany, 50 cents; Great Britain, $2; Ireland, $2; India, $2; Mesopotamia (Irak), $2; New Zealand, $2; Northern Ireland, $2; Rumania, $3.75; Spain, $10; Sweden, $1.25; Venezuela, $2; Yugoslavia, $2. A person who is entitled to receive a passport, if within the United States, must submit a written application made before a clerk of the Federal court or a State court authorized to naturalize aliens, or before a passport agent.

Passports are ordinarily issued valid for all countries.

(a) Photographs-The application must be accompanied by duplicate photographs not more than 3 by 3 inches and not less than 211⁄2 by 212 inches in size, unmounted, printed on thin paper

on a light background, showing the full front view of the features of the applicant, and taken within six months of the date they are submitted. Snapshot, newspaper, magazine or full-length photographs will not be accepted.

(b) Witness-The application must be supported by an affidavit of at least one credible witness, who has known the applicant at least two years. In cases of persons who have not previously obtained passports, the applicant or the witness must be known to the clerk of court or passport agent, or must be able to establish identity by documentary evidence, otherwise the applicant must be required to obtain as a witness an American citizen having his place of business within the jurisdiction of the court or the passport agency.

The witness, in signing the application, should state the nature of his profession or business and his professional or business address. No lawyer or other person will be accepted as witness to a passport application if he has received or expects to receive a fee for his services in connection therewith.

A person born in the United States in a place where official records of birth were kept at the time of his birth must submit with the application a birth certificate under the seal of the official custodian of birth records. A certificate must show the date and place of birth and that the record was made at the time of birth or shortly thereafter. If a birth certificate is not obtainable, that fact should be shown, and the application should be supported by a baptismal certificate or a certified copy of the record of baptism under the seal of the church in which the applicant was baptized, giving the date and place of birth, the date of baptism, and the date on which the record of baptism was made. A baptismal certificate must show that the baptism occurred within a short time, after the date of birth. If birth and baptismal certificates are not obtainable, an affidavit of the parent or of the physician, nurse, or midwife who attended the birth, or the affidavit of a reputable person having sufficient knowledge to be able to testify as to the place and date of the applicant's birth may be accepted.

In the case of a person born abroad prior to noon E.S.T. May 24, 1934, whose father was at the time a citizen and had previously resided here before the birth of his child, his application should be accompanied by evidence of his father's American citizenship.

Persons born abroad after May 24, 1934, of an American mother or father who had previously resided here may submit evidence of the citizenship of either of their parents.

Under the Act of, May 24, 1934, a child born abroad of an alien parent and an American parent who had previously resided in the U. S. is divested of American citizenship unless he resides here at least five years continuously immediately previous to his 18th birthday and unless, within six months after attaining the age of 21 years he takes an oath of allegiance to the U. S.

A naturalized citizen must transmit his certificate of naturalization, with his application. It will be returned to him after inspection. He must state in his application when he emigrated, where he has lived since his arrival, when and before what court he was naturalized, and that he is the identical person described in the certificate.

A woman applicant should state whether she has ever been married. A married woman should sign her own given name with the family name of her husband.

A person who is a national of the U. S., but not a citizen thereof, must state that he owes allegiance to the U. S. and that he does not acknowledge allegiance to any other government, and must submit evidence in support of his claim. Under the Act of May 16, 1932, passports are valid for two years from date of issue unless limited to a shorter period, but may be renewed for a period of two years upon payment of a fee of $5. The Department of State has ruled that, during the state of uncertainty outside the Western Hemisphere, no passport which has heretofore been issued shall be valid for use in traveling from the U. S. to any country outside the Western Hemisphere unless it is submitted to the Department for validation for such use. Under the new regulations, before the Department of State will validate any passport heretofore issued or issue any new passports for use outside the Western Hemisphere, It will be required that documentary evidence be submitted to it showing the imperative necessity for traveling outside the Western Hemisphere. It is contemplated by the new regulations to restrict the use of passports only to those who can show an imperative necessity for traveling outside the Western Hemisphere and at the same time to take every possible precaution to assure the importance

of American passports as definitely identifying and establishing the citizenship of the person to whom they are issued. Persons desiring to have passports already issued to them validated for future use outside the Western Hemisphere and persons desiring to obtain new passports for use therein are urged to submit their applications at least 3 weeks in advance of their expected sailing.

adopted a new procedure as to visa applications, The Department of State on June 24, 1941, as follows:

sity from the standpoint of the national defense In view of the declared emergency and the necesfor careful supervision over the entry of aliens into the United States, the following procedure effective July 1, 1941, has been instituted to require the submission of the cases of applicants for immigration visas and for nonimmigrant visas to the Department of State for preliminary examination before they are given final consideration by the consuls.

The procedure applies to the cases of all aliens who have not received visas prior to July 1, 1941. seeking permanent residence, temporary entry, o. transit to a foreign destination, except native bor.. officials of foreign governments, and seamen, where citizens of countries of the Western Hemisphere. cases are subject to a different procedure.

The procedure with respect to applicants for immigration visas requires the submission to the Department of State of a Biographical Statement on form B and two affidavits of support and sponsorship on form C, or two affidavits of sponsorship on form D in the case of persons not requiring financial assurances of support.

The procedure with respect to applicants for visitors' visas and transit certificates requires the graphical Statement on form B and two affidavits submission to the Department of State of a Bioof sponsorship on form D.

The names of children under eighteen years of age may be included in forms covering an accompanying parent. Affidavits on forms C or D may together to the United States. The affidavit form cover immediate members of a family proceeding C must be prepared by American citizens or by aliens lawfully admitted into the United States for permanent residence and forms B and D should also be submitted by American citizens or by aliens lawfully admitted for permanent residence unless there are no such persons in a position to offer the requisite information or sponsorship.

The forms referred to are prescribed by regulation and will be furnished upon request addressed to the Visa Division, Department of State, Washington, D. C. The forms must be fully completed Notary Public or other person authorized by law to by typewriter and signed under oath before a administer oaths. Substitute documents will not be accepted in 'lieu of any of the forms listed. The corroboratory documents and evidence referred to in the forms must be submitted with the forms.

When all of the required forms and supporting documents have been assembled, completely filled out by typewriter and signed under oath, they should be sent to the Immigration Section, Visa Division, Department of State, Washington, D. C.. in an envelope so addressed.

The cases will be considered in proper turn by Interdepartmental Committees acting in an advisory capacity with reference to the national defense program.

After examination of each case in the Department an appropriate communication will be sent to the consul concerned for further consideration of the case. If an interested person should wish, consideration will be given to a request to have the notification sent by telegraph at his expense to the consul. The consul will advise the alien appropriately regarding his case and the procedure to be followed in making formal application for a visa. In a case given preliminary approval by a consul, the visa will not be granted until satisfactory eviable to proceed to the United States within the dence is submitted to show that the alien will be period of the validity of the visa and in this connection that he has transportation reservations and reasonable expectation of obtaining an exit permit and transit visas to the port of embarkation.

When the cases are referred to the consuls the interested persons will be notified immediately. As cases will be considered and action taken by the consuls under the law strictly according to the facts of the cases, special consideration may not be accorded and should not be requested.

The President's Advisory Committee on Political Refugees, 122 E. 22nd St., New York, N. Y., has volunteered to act in an advisory liaison capacity between the social service organizations offering their services to sponsors and the Department of State.

The United States Immigration Law

Source: The Federal Statutes and Executive Orders

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2. A non-immigrant alien who is passing in transit through the United States may present a transit certificate granted by an authorized officer of the United States.

3. A non-immigrant alien who enters the United States for a period not exceeding ten days, landing temporarily while the vessel on which he is a passenger is in port, or crossing the border, entering and departing via the same port of entry, may present a limited entry certificate granted by an authorized officer of the United States.

4. A non-immigrant alien who is a citizen of Canada, Newfoundland or Mexico, or who is a British subject domiciled in Canada or Newfoundland, may present a non-resident alien's bordercrossing identification card issued by an authorized officer of the United States, if he is entering the United States for a period of less than thirty days.

5. The Secretary of State is authorized to define cases of emergency in which the passport and visa requirements may be waived for a non-immigrant alien.

6. No passport visa, transit certificate, limited entry certificate or non-resident alien's bordercrossing identification card shall be granted to an alien whose entry would be contrary to the public safety, nor to an alien who is unable to establish a legitimate purpose or reasonable need for the proposed entry.

PART II

1. Immigrants must present unexpired passports. or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid immigration visas granted by the consular officers of the United States in accordance with the requirements of the Immigration Act of 1924 and the regulations issued thereunder.

2. An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom and has returned from a temporary visit abroad, may

present, in lieu of an immigration visa, an unexpired permit to re-enter, issued pursuant to Section 10 of the Immigration Act of 1924. The bearer of such a permit to re-enter is not required to present a passport.

3. An alien immigrant who has previously been legally admitted into the United States for permanent residence and who has frequent occasion to cross the land borders of the United States may present, in lieu of an immigration visa or a permit to re-enter, a resident alien's border-crossing identification card. The bearer of such a bordercrossing identification card is not required to present a passport.

4. An immigrant Spanish national who on April 11, 1899 (whether adult or minor) was a bona fide resident of Puerto Rico or adjacant islands which comprised the Province of Puerto Rico, and who. in accordance with Article IX of the treaty between the United States and Spain of April 11, 1899. has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rica. Such aliens may be admitted into Puerto Rico with regard to the provisions of the Immigration Act of 1924, except Section 23. (Act of May 26, 1926, ch. 400, 44 Stat. 657.)

5. The Secretary of State is authorized to define cases of emergency in which the passports and immigration visa requirements may be waived for an immigrant alien.

PART III

The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, limited entry certificates and immigration visas to aliens coming to the United States from the Canal Zone.

The Governor of American Samoa is hereby authorized to issue passport visas, transit certificates. limited entry certificates and immigrant visas to aliens coming to the United States from American Samoa.

The Governor of Guam is hereby authorized to issue passport visas, transit certificates, limited entry certificates and immigration visas to aliens coming to the United States from Guam.

PART IV

The documentary requirements for aliens applying for admission into American possessions outside the United States are to be prescribed by the competent authorities in such possessions.

PART V

The definitions contained in Section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as otherwise specified herein.

GENERAL PROVISIONS OF THE IMMIGRATION STATUTES The general provisions of the Federal immigration laws, except where there is conflict, if any, with the Executive order of June 3, 1941, are, in brief, as follows: American Consuls abroad are directed to examine the information given on questionnaires and eliminate applicants who are feeble-minded and whose prison records make them inadmissible, as well as all others of the classes excluded by law.

The principal United States consular officer in each foreign country is designated as quota-control officer, and it is his duty to see that the quota is not exceeded. The Consular service is under the Department of State.

Under the Quota Law proclaimed in operation, as of July 1, 1929, there may be admitted yearly about 153,900 alien immigrants.

The quota does not apply to Canada, Mexico, or independent countries of Central and South America. Natives of those countries can come without quota.

If an alien obtains a certificate and later changes his mind about emigrating his place cannot be taken by another.

The Act of March 24, 1934, granting conditional independence to the Philippine Islands (accepted by concurrent resolution of the Philippine Legislature on May 1, 1934) converted into the status of allens such of the Filipinos as were not already American citizens. The Philippines thus have become, for U. S. Immigration purposes, a foreign country. The islands have for each fiscal year a quota of 50 who may be admitted into this country as immigrants.

Alien Japanese laborers (skilled or unskilled) in Hawaii are not permitted to emigrate to the mainland of continental United States, by reason of the President's proclamation of Feb. 24, 1913.

There are certain excepted classes of the yellow races that may enter the United States either permanently or temporarily, such as the Chinese wife of an American citizen who was married prior to the approval of the Immigration Act of 1924, as amended. She may be admitted for permanent residence; ministers and professors and their wives and unmarried children under 18 years of age; merchants and their wives and children under the age of 21 years; students of at least 15 years of age; travelers, government officials, their families and suites, etc.; and persons previously lawfully admitted to the U. S. for permanent residence, who are returning from a temporary visit abroad, and are otherwise admissible under the immigration laws.

NON-QUOTA IMMIGRANTS

A non-quota immigrant is:

(a) An immigrant who is the unmarried child under 21 years, or the wife, of a citizen of the U. S. or the husband of a citizen of the United States by a marriage occurring prior to July 1, 1932.

(b) An immigrant previously lawfully admitted to the U. S., who is returning from a temporary visit abroad for permanent residence:

(c) An immigrant who was born in Canada, Newfoundland, Mexico, Cuba, Haiti, Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under 18 years, if accompanying or following to join him;

(d) An immigrant who continuously for at least

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