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having principal office in the State for char. ceived a flat $15,000 exemption; the husband, Htable, religious or educational purposes.
child, step-child, father or mother, or descen
dants of any child, each receives a fat $5,000 rginia- The State inheritance tax law was exemption, said amounts being deducted in each amended in 1926 to correspond to the rates in case, regardless of amount received. the Federal Revenue Act of 1926, by providing Wisconsin-Tax of 2% to husband, wife, linea! that the minimum inheritance tax'imposed shall, in no case be less than 80% of the tax imposed
descendants, lineal ancestors, adopted child, and by the act of Congress.
lineal issue thereof; to brothers, sisters and The rate of inheritance tax to father, mother.
their descendants, wife or widow of son, or husgrandfathers, grandmothers, children by blood
band of daughter. To uncles, aunts or their or adoption, husband, wife, and all other lin
descendants, 6%. To all others, 8%. When the eal ancestors or lineal descendants (exemption,
estate is above $25,000 the above rates are mul$5,000) is 1% on up to $50,000 of the devise, and tiplied as follows: $25,000 to $50,000, 2 times on rises to 5% on the excess over $1,000,000. Broth- excess; $50,000 to $100,000, 3 times on excess; er, sister, nephew or niece, get $2,000 exemption $100,000 to $500,000, 4 times on excess; above and the rates vary from 2% to 10%. Other bene- $500,000, 5 times on excess. But no such tax, ficiaries get $1,000 exemption each, and the rates however, shall exceed 15% of the property transvary from 5% to 15%
ferred to any beneficiary. Moreover, the figures
as to multiplication of tax refer to each separate Washington—This is a community-property state, beneficiary and not to the estate as a whole.
and hence one-half of the estate after debts Under an Emergency Relief Act, applicable from and expenses are paid, is set over to the surviv- March 27, 1935, to July 1, 1937, a tax was iming spouse without tax. There is also a class
posed equal to 25% of the excess of $100 of the exemption of $10,000 in the net value of an
normal inheritance tax on each transfer. This estate passing to grandfather, grandmother, Relief Tax was extended to July 1, 1939, but was father, mother, husband, wife, child, stepchild, amended by the special session of the legislaadopted child, or lineal descendant of decedent, ture for 1937, which amendment became effecrate of tax from 1% to 10%; $1,000 class exemp- tive as to the estates of all decedents who may tion in the estate passing to brothers and sisters, die on or after Oct. 21, 1937, and prior to July rate from 1% to 20%; all others without exemp- 1, 1941. This amendment eliminated the $100 tion, rate from 10% to 25%. Estate passing to certain charitable and religious organizations are
normal tax exemption and increased the tax
rate from 25% to 30%. The emergency tax is exempt.
now 30% of the normal tax. ExemptionsWest Virginia-To wife, husband, child, step-child,
$5,000 to husband, $15,000 to widow, $2,000 to descendants of child, father or mother of de
brothers, sisters and descendants, husband of cedent, not exceeding $50,000, 3%; to brother or
daughter, wife or widow of son, lineal descensister 'including those of half blood, 4%; to
dants or ancestors, and lesser amounts to other those further removed in relationship from de
relatives, down to $100 exemptions to strangers
in blood cedent than brother or sister, 7%; to those of no blood relationship, stranger, institutions, cor- Wyoming-Husband, wife, parent, child, adopted porate or otherwise,
10% of market value of child or adopted parent, brother or sister-exproperty received. The tax rates range from empt, $10,000; over exemption 2%; grandparents, 3% to 30%, according to the degree of relation- grandchild, half-brother, half-sister, exemption ship and the size of inheritance. Exemptions- $5,000; over exemptions, 4%. All other excepting Property transferred to State, County, school charitable, etc.- no exemptions, 6%. Gifts for district or municipality thereof for public pur- state, municipal, charitable, educational or reposes; property transferred in trust or for use ligious purposes or to any institution for use in solely for educational, literary, scientific, re- the preservation of wild fowls or game or proligious or charitable purposes, if used entirely ceeds of insurance policies payable to named within State. To widow, under the law as beneficiaries other than insured's estate, enamended (effective May 28, 1941) a widow re- tirely exempt.
The Legal Aid Society
Source: Officials of the New York and National Organizations. The Legal Aid Society was organized (1876) to men's compensation matters, though in the latter render legal aid, gratuitously, if necessary, to all modest allowances are accepted on lump-sum
Other fees are charged in the event of who appear to be in need of such aid and desery- awards.
the collection of moneys or property or successful ing thereof and unable to procure it elsewhere,
handling of other types of cases. These are including gratuitous legal aid to any poor person
nominal and are to enable the Society to assist accused of crime, and to promote measures for the other persons. They are governed by the Society protection of poor persons with respect to their rules and are made known to clients on request. legal rights.
The work performed by the Society is confined The Society's offices are: Main office and Sea
to New York City, except so far as it cooperates men's Branch, 11 Park Place, and the Criminal with legal aid societies in other cities. Courts Branch at 32 Franklin Street,
The scope of the Society's work embraces a wide The Society is in its 65th year of continuous range of legal problems, from simple wage and work; it has served 1,344,391 and has collected other money claims up to more involved matters, $5,296,899.58 for them, besides rendering a vast such as matrimonial questions. Seamen's claims amount of legal service not measured in dollars and certain types of workmen's compensation cases and cents. In 1939 the Society handled 33,895 are handled by the Seamen's Branch. The Criminal cases, of which 29,528 were civil matters con- Courts Branch functions in the Court of General ducted by its Main Office and Seamen's Branch, Sessions, and in the Court of Special Sessions, and and 4,367 criminal defenses by the Criminal the Felony Court in Manhattan only. The Society Courts Branch.
endeavors not to compete with the bar. It mainA registration fee of 50c is charged to applicants tains an information bureau as to agencies in the who are able to pay, except that no fee of any legal field and their work, but does not advise kind is charged in criminal matters or in work- over the telephone in individual cases. LEGAL-AID WORK IN NEW YORK CITY AND ELSEWHERE IN THE UNITED STATES No. No. Coll'd for Operat.
No. No. Collid for Operat.
Cases Clients Expense 1918. 41 99,192 $289,859 $167,307 | 1930.
86 217,643 $876,477) $546,803 1919 41 102,289 367,813 195,595 || 1931.
85 227,471 674,122 638,199 1920. 41 96,034 389,835 226,079|1932.
85 307,673 815,440 596,941 1921.. 41 111,404 456,160 282,359 || 1933
84 331,970 727,499 481.758 1922 47 130,585 499,684 328.651 1934
86 306,262 664,390 566,260 1923.. 61 150,234 498,846 331,326 || 1935.
91 272,723 751,341 524,731 1924. 121,177 662,675 348,290 || 1936
98 260,400 626,903 566,220 1925. 72 143,653 675,994 408,576 937
104 247 248 586,383 573,848 1926. 73 152,214 645.991 369.264|1938.
85 267.417 573,253 687,544 1927 78 142,535 719.643 387.331 1939.
70 273,971 687,032 630.125 1928 85 165,817 645,435 461,557
78 313, 317 659,768 706,687 1929.
84 171.961 802.328 464,420 Figures in the table include operations of the National Association of Legal Aid Organizations, unincorporated, with headquarters at Duke University, Durham, N. C.
1940 Law Defining U. S. Nationals and Citizens
Source: United States Department of Justice Under the Act, approved October 14, 1940, effec- cial, or financial organization, having its principal tive January 13, 1941, the following persons are office or place of business in the United States, or considered nationals and citizens of the United an international agency of an official character in States at birth.
which the United States participates, for which he Sec. 201. The following shall be nationals and receives a substantial compensation; citizens of the United States at birth:
(h) The foregoing provisions of subsection (g) (a) A person born in the United States and sub- concerning retention of citizenship shall apply to ject to the jurisdiction thereof;
a child born abroad subsequent to May 24, 1934. (b) A person born in the United States to a Sec. 202. All persons born in Puerto Rico on member of an Indian, Eskimo, Aleutian, or other or after April 11, 1899, subject to the jurisdiction aboriginal tribe: Provided. That the granting of of the United States, residing on the effective date citizenship under this subsection shall not in any of this Act in Puerto Rico or other territory over manner in pair or otherwise affect the right of such which the United States exercises rights of sover. person to tribal or other property;
eignty and not citizens of the United States under (C) A person born outside of the United States any other Act, are hereby declared to be citizens and its outlying possessions of parents both of of the United States. whom are citizens of the United States and one of Sec. 203. (a) Any person born in the Canal Zone whom has resided in the United States or one of on or after February 26, 1904, and whether before its outlying possessions, prior to the birth of such or after the effective date of this Act, whose father person;
or mother or both at the time of the birth of such (d) A person born outside of the United States person was or is a citizen of the United States, is and its outlying possessions of parents one of whom declared to be a citizen of the United States. is & citizen of the United States who resided in the (b) Any person born in the Republic of Panama United States or one of its outlying possessions on or after February 26, 1904, and whether before prior to the birth of such person, and the other of or after the effective date of this Act, whose father whom is a national, but not a citizen of the United or mother or both at the time of the birth of such States.
person was or is a citizen of the United States (e) A person born in an outlying possession of the employed by the Government of the United States United States of parents one of whom is a citizen or by the Panama Railroad Company, is declared of the United States who resided in the United to be a citizen of the United States. States or one of its outlying possessions prior to Sec. 204 Unless otherwise provided in Section the birth of such person;
201, the following shall be nationals, but not citi. (f) A child of unknown parentage found in the zens of the United States at birth. United States, until shown not to have been born (a) A person born in an outlying possession of in the United States:
the United States of parents one of whom is a (8) A person born outside the United States and national, but not a citizen, of the United States, its outlying possessions of parents one of whom is (b) A person born outside the United States and a citizen of the United States, who, prior to the its outlying possessions of parents both of whom are birth of such person, has had ten years' residence nationals, but not citizens, of the United States, in the United States or one of its outlying posses- and have resided in the United States or one of its sions, at least five of which were after attaining outlying possessions prior to the birth of such the age of sixteen years, the other being an alien; person: Provided, That, in order to retain such citizenship. (C) A child of unknown parentage found in an the child must reside in the United States or its outlying possession of the United States, until outlying possessions for a period or periods totaling shovn not to have been born in such outlying five years between the ages of thirteen and twenty- possession. one years: Provided further, That, if the child has Sec. 205 The provisions of Section 201, subnot taken up a residence in the United States or sections (c), (d), (e), and (3), and section 204, its outlying possessions by the time he reaches the subsections (a) and (b), hereof apply, as of the age of sixteen years, or if he resides abroad for date of birth, to a child born out of wedlock, prosuch a time that it becomes impossible for him to vided the paternity is established during minority, complete the five years' residence in the United by legitimation, or adjudication of a competent States, or its outlying possessions before reaching court the age of twenty-one years, his American citizen- In the absence of such legitimation or adjudicaship shall thereupon cease.
tion, the child, whether born before or after the The preceding provisos shall not apply to a child effective date of this Act, if the mother had the born abroad whose American parent is at the time nationality of the United States at the time of the of the child's birth residing abroad solely or prin- child's birth, and had previously resided in the cipally in the employment of the Government of United States or one of its outlying possessions, the United States or a bona fide American, educa- shall be held to have acquired at birth her nationttional. scientific, philanthropic, religious, commer- ality status.
Loss of Nationality, Act of 1940
SEC. 401. A person who is a national of the (c) Entering, or serving in, the armed forces of United States, whether by birth or naturalization, a foreign state unless expressly authorized by the shall lose his nationality by:
laws of the United States, 11 he has or acquires (a) Obtaining naturalization in a foreign state,
the national of such foreign state; or either upon his own application or through the
(d) Accepting, or performing the duties of, any
office, post, or employment under the government naturalization of a parent having legal custody of
of a foreign state or political subdivision thereof such person: Provided, however, That nationality
for which only nationals of such state are eligible: shall not be lost as the result of the naturalization
or of a parent unless and until the child shall have (e) Voting in a political election in a foreign state attained the age of 23 years without acquiring or participating in an election or plebiscite to permanent residence in the United States: Provided determine the sovereignty over foreign territory: or further. That a person who has acquired foreign (1) Making a formal renunciation of nationality nationality through the naturalization of his par- before a diplomatic or consular officer of the United ent or parents, and who at the same time is a States in a foreign state, in such form as may be citizen of the United States, shall, it abroad and prescribed by the Secretary of State; or he has not heretofore expatriated himself as an (5) Deserting the military or naval service of the American citizen by his own voluntary act, be United States in time of war, provided he is conpermitted within two years from the effective date victed thereof by a court martial; or of his Act to return to the United States and take (h) Committing any act of treason against, or up permanent residence therein, and it shall be attempting by force to overthrow or bearing arms thereafter deemed that he has elected to be an against the United States, provided he is convicted American citizen. Failure on the part of such per- thereof by a court martial or by a court of comson to so return and take up permanent residence petent jurisdiction in the United States during such period shall be SEC. 402. A national of the United States who deemed to be a determination on the part of such was born in the United States or who was born in person to discontinue his status as an American any place outside of the jurisdiction of the United citizer, and such person shall be forever estopped States of a parent who was born in the United by such failure from thereafter claiming such States, shall be presumed to have expatriated bimAmerican citizenship: or
selt under subsection (c) or (d) of section 401, (b) Taking an oath or making an affirmation or when he shall remain for six months or longer other formal declaration of allegiance to a foreign within any foreign state of which he or either of state; or
his parents shall have been a national according to the laws of such foreign state, or within any placeabroad, and resides abroad temporarily solely or under control of such foreign state, and such pre- principally to represent a bona fide American edusumption shall exist until overcome whether or not cational, scientiñc, philanthropic, religious, comthe individual has returned to the United States. mercial, financial, or business organization, having Such presumption may be overcome on the presen- its principal office or place of business in the tation of satisfactory evidence to a diplomatic or United States, or an international agency or an consular officer of the United States, or to an official character in which the United States parimmigration officer of the United States, under ticipates, for which he receives a substantial comsuch rules and regulations as the Department of pensetion; State and the Department of Justice jointly pre- (c) Who is residing abroad on account of all scribe. However, no such presumptions shall arise health; with respect to any officer or employee of the (d) Who is residing abroad for the purpose of United States while serving abroad as such officer pursuing studies of a specialized character or or employee, nor to any accompanying member of attending an institution of learning or a grade his family.
above that of a preparatory school, provided that SEC. 403. (a) Except as provided in subsections such residence does not exceed 5 years; (g) and (h) of section 401, no national can ex- (e) Who is the wife, husband, or child under 21 patriate himself, or be expatriated, under this years of age of, and is residing abroad for the pur. section while within the United States or any of pose of being with, an American citizen spouse or its outlying possessions, but expatriation shall parent who is residing abroad for one of the objects result from the performance within the United or causes specified in section 405 or subsections States or any of its outlying possessions of any of (a), (b), (c), or (d) hereof; the acts or the fulfillment of any of the conditions (1) Who was born in the United States or one specified in this section if and when the national of its outlying possessions, who originally had thereafter takes up a residence abroad.
American nationality, and who, after having lost (b) No national under 18 years of age can ex
such nationality through marriage to an alien, patriate himself under subsections (b) to (g), in- reacquired it. clusive, or section 401.
SEC. 407. A person having American nationality, SEC. 404. A person who has become a national who is a minor and is residing in a foreign state by naturalization shall lose his nationality by: with or under the legal custody of a parent who (a) Residing for at least 2 years in the territory
loses American nationality under section 404 of of a foreign state of which he was formerly a this Act, shall at the same time lose his American national or in which the place of his birth is situ- nationality if such minor has or acquires the ated, if he acquires through such residence the nationality of such foreign state: Provided, That, nationality of such foreign state by operation of in such case, American nationality shall not be the law thereof; or
lost as the result of loss of American nationality by (b) Residing continuously for 3 years in the the parent unless and until the child attains the territory of a foreign state of which he was for- age of 23 years without having acquired permanent merly a national or in which the place of his birth residence in the United States. is situated, except as provided in section 406 SEC. 408. The loss of nationality under this hereof.
Act shall result solely from the performance by a (c) Residing continuously for 5 years in any national of the acts or fulfillment of the conditions other foreign state, except as provided in section specified in this Act. 406 hereof.
SEC. 409. Nationality shall not be lost under SEC. 405. Section 404 shall have no application the provisions of section 404 or 407 of this Act
until to a person:
the expiration of one year following the date of the (a) who resides abroad in the employment and approval of this Act: Provided, however, That a under the orders of the Government of the United naturalized person who shall have become subject States;
to the presumption that he has ceased to be an (b) Who is receiving compensation from the American citizen as provided for in the second Government of the United States and residing paragraph of section 2 of the Act of March 2, 1907 abroad on account of disability incurred in its (34 Stat. 1228), and who shall not have overcome service.
it under the rules in effect immediately preceding SEC. 406. Subsections (b) and (c) of section 404 the date of the approval of this Act, shall continue shall have no application to a person:
to be subject to such presu n for the period (a) Who shall have resided in the United States of one year following the date of the approval of not less than 25 years subsequent to his naturaliza- this Act unless it is overcome during such period. tion and shall have attained the age of 65 years SEC. 410. Nothing in this Act shall be applied in when the foreign residence is established;
contravention of the provisions of any treaty or (b) Who is residing abroad upon the date of the convention to which the United States is a party approval of this Act, or who is thereafter sent upon the date of the approval of this Act.
Source: United States Department of State A person applying for a passport, or for the possess dual nationality and whose claims are of renewal or amendment of a passport, should name doubtful validity. the countries he intends to visit and the object of A fee of $9 is required for every citizen's passport his visit to each country. Passports are issued in issued. No fee charged for the issue of a passport American Samoa, Guam, Hawaii, Puerto Rico and to widow, child, parent, brother or sister of an the Virgin Islands by the chief executives of those American soldier, sailor or marine buried abroad, islands; in the Philippines by the U. S. High Com- to visit country of burial. A fee of $1 is charged missioner; in foreign countries by American con- for executing all applications for passports. sular officers. Passports will be issued by consuls By negotiations through American diplomatic abroad to the classes of persons mentioned below: and consular offices, non-immigrant visa fees have
(a) To native citizens, to whom departmental been waived as between the United States and passports have been issued or who have been in- Brazil, Costa Rica, Colombia, Denmark, Ecuador, cluded in departmental passports subsequent to Estonia, Guatemala, Honduras, Hungary, Iceland, Jan 3, 1918, and to native citizens who are iden- Italy, Japan, Latvia, Liberia, Liechtenstein, Lithutified by service passports.
ania, Luxemburg, Mexico Nicaragua, Norway, (b) to native and naturalized citizens, whose Panama, Persia (Iran). Peru, Salvador, Slam. registration at a consulate is valid at the time Switzerland. when the application for a passport is filed.
The following countries have not abolished such (c) To naturalized citizens, to whom depart. visa fees but have reduced them as shown: Ausmental passports have been issued, or who have tralia, $2; Belgium, $8; Bulgaria, $2; Chile, $1.75; been included in departmental Passports, sub- China, $2.50; Egypt, 10 gold francs: France, $2.75 sequent to Jan, 3, 1918.
Germany, 50 cents; Great Britain, $2; Ireland, $2; (d) To citizens not included in the classes India, $2; Mesopotamia (Irak), $2; New Zealand, Damned above, in certain emergency cases.
$2; Northern Ireland, $2; Rumania, $3.75; Spain, There are certain instances, such as those men- $10; Sweden, $1.25; Venezuela, $2; Yugoslavia, $2 tioned below, in which consuls are not allowed to A person who is entitled to receive a passport, if issue passports, unless specifically authorized by within the United States, must submit a written the Department of State:
application made before a clerk of the Federal (e) Persons who claim American citizenship. court or a state court authorized to naturalize but who have never established their claims or aliens, or before a passport agent, whose claims are open to doubt. This class will Passports are ordinarily issued valid for all include, among others:
countries. 1. Those persons who claim citizenship by birth (a) Photographs. The application must be acin the U. S. and who adduce evidence in proof of companied by duplicate photographs not more their claims, which requires verification,
than 3 by 3 inches and not less than 2 by 212 2. Those who claim citizenship by birth but who Inches in size, unmounted, printed on thin paper on a light background, showing the full front view of American passports as definitely identifying and of the features of the applicant, and taken within establishing the citizenship of the person to whom six months of the date they are submitted. Snap- they are issued. Persons desiring to have passshot, newspaper, magazine or full-length photo- ports already issued to them validated for future graphs will not be accepted.
use outside the Western Hemisphere and persons (b) Witness-The application must be supported desiring to obtain new passports for use therein are by an affidavit of at least one credible witness, who urged to submit their applications at least 3 weeks has known the applicant at least two years. In in advance of their expected sailing. cases of persons who have not previously obtained
The Department of State on June 24, 1941, passports, the applicant or the witness must be
adopted a new procedure as to visa applications, known to the clerk of court or passport agent, or as follows: must be able to establish identity by documentary
In view of the declared emergency and the necesevidence, otherwise the applicant must be required
sity from the standpoint of the national defense to obtain as a witness an American citizen having his place of business within the jurisdiction of the
for careful supervision over the entry of alienis
into the United States, the following procedure. court or the passport agency.
effective July 1, 1941, has been instituted to require The witness, in signing the application, should
the submission of the cases of applicants for imstate the nature of his profession or business and
migration visas and for nonimmigrant visas to his professional or business address. No lawyer or
the Department of State for preliminary examinaother person will be accepted as witness to a pass
tion before they are given final consideration by port application if he has received or expects to
the consuls. receive a fee for his services in connection therewith.
The procedure applies to the cases of all aliens A person born in the United States in a place who have not received yisas prior to July 1, 1941. where official records of birth were kept at the
seeking permanent residence, temporary entry, 01 time of his birth must submit with the application
transit to a foreign destination, except native bor.
citizens of countries of the Western Hemisphere a birth certificate under the seal of the official custodian of birth records. A certificate must show
officials of foreign governments, and seamen, where the date and place of birth and that the record
cases are subject to a different procedure.
The procedure with respect to applicants for was made at the time of birth or shortly thereafter. If & birth certificate is not obtainable, that fact
immigration visas requires the submission to the should be shown, and the application should be
Department of State of a Biographical Statement
on form B and two affidavits of support and sponsupported by a baptismal certificate or a certified
sorship on form C, or two atidavits of sponsorship copy of the record of baptism under the seal of the church in which the applicant was baptized, giv
on form D in the case of persons not requiring
financial assurances of support. ing the date and place of birth, the date of baptism, and the date on which the record of baptism
The procedure with respect to applicants for was made. A baptismal certificate must show that
visitors' visas and transit certificates requires the the baptism occurred within a short time after
submission to the Department of State of a Biothe date of birth. If birth and baptismal cer
graphical Statement on form B and two affidavits tificates are not obtainable, an affidavit of the
of sponsorship on form D. parent or of the physician, nurse, or midwife who
The names of children under eighteen years of attended the birth, or the affidavit of a reputable
age may be included in forms covering an accomperson having sufficient knowledge to be able to
panying parent. Affidavits on forms C or D may testify as to the place and date of the applicant's together to the United States. The affidavit form
cover immediate members of a family proceeding birth may be accepted. In the case of a person born abroad prior to noon
C must be prepared by American citizens or by E.S.T. May 24, 1934, whose father was at the time
aliens lawfully admitted into the United States for a citizen and had previously resided here before
permanent residence and forms B and D should the birth of his child, his application should be
also be submitted by American citizens or by aliens accompanied by evidence of his father's American
lawfully admitted for permanent residence unless citizenship.
there are no such persons in a position to offer the Persons born abroad after May 24, 1934, of an
requisite information or sponsorship. American mother or father who had previously
The forms referred to are prescribed by regularesided here may submit evidence of the citizen
tion and will be furnished upon request addressed ship of either of their parents.
to the Visa Division, Department of State, WashUnder the Act of May 24, 1934, a child born
ington, D. C. The forms must be fully completed abroad of an alien parent and an American parent
by typewriter and signed under oath before a who had previously resided in the U. S. is divested
Notary Public or other person authorized by law to of American citizenship unless he resides here at
administer oaths. Substitute documents will not least five years continuously immediately previous
be accepted in lieu of any of the forms listed. The to his 18th birthday and unless, within six months
corroboratory documents and evidence referred to after attaining the age of 21 years he takes an
in the forms must be submitted with the forms. Oath of allegiance to the U. S.
When all of the required forms and supporting A naturalized citizen must transmit his certificate
documents have been assembled, completely filled of naturalization, with his application. It will be
out by typewriter and signed under oath, they returned to him after inspection. He must state in
should be sent to the Immigration Section, Visa his application when he emigrated, where he has
Division, Department of State, Washington, D. C.. lived since his arrival, when and before what
in an envelope so addressed court he was naturalized, and that he is the iden
The cases will be considered in proper turn by tical person described in the certificate.
Interdepartmental Committees acting in an adA woman applicant should state whether she
visory capacity with reference to the national has ever been married. A married woman should
defense program. sigu her own given name with the family name
After examination of each case in the Departof her husband.
ment an appropriate communication will be sent to
the consul concerned for further consideration of A person who is a national of the U.S., but not
the case, If an interested person should wish, cona citizen thereof, must state that he owes allegiance to the U. S. and that he does not
sideration will be given to a request to have the
notification sent by telegraph at his expense to acknowledge allegiance to any other government,
the consul. The consul will advise the alien approand must submit evidence in support of his claim. Under the Act of May 16, 1932, passports are
priately regarding his case and the procedure to be
followed in making formal application for a visa, valid for two years from date of issue unless limited to a shorter period, but may be renewed for a
In a case given preliminary approval by a consul, period of two years upon payment of a fee of $5.
the visa will not be granted until satisfactory evi
dence is submitted to show that the alien will be The Department of State has ruled that, during the state of uncertainty outside the Western Hemi
able to proceed to the United States within the
period of the validity of the visa and in this consphere, no passport which has heretofore been issued shall be valid for use in traveling from the
nection that he has transportation reservations and
reasonable expectation of obtaining an exit permit U. 8. to any country outside the Western Hemisphere unless it is submitted to the Department for
and transit visas to the port of embarkation, validation for such use. Under the new regula
When the cases are referred to the consuls the
interested persons will be notified immediately. As tions, before the Department of State will validate
cases will be considered and action taken by the any passport heretofore issued or issue any new
consuls under the law strictly according to the passports for use outside the Western Hemisphere, it will be required that documentary evidence be
facts of the cases, special consideration may not
be accorded and should not be requested. submitted to it showing the imperative necessity for traveling outside the Western Hemisphere. It
The President's Advisory Committee on Political is contemplated by the new regulations to restrict
Refugees, 122 E 22nd St., New York, N. Y., has
volunteered to act in an advisory liaison capacity the use of passports only to those who can show
between the social service organizations offering an imperative necessity for traveling outside the Western Hemisphere and at the same time to take their services to sponsors and the Department of
State. every possible precaution to assure the importance
The United States Immigration Law
Source: The Federal Statutes and Executive Orders President Roosevelt on June 3, 1941, signed an present, in lieu of an immigration visa, an unexExecutive order in connection with the Alien pired permit to re-enter, issued pursuant to Section Registration Act of 1940. The order provides as 10 of the Immigration Act of 1924. The bearer of follows:
such a permit to re-enter is not required to present PART I
& passport. 1. Non-immigrants must present unexpired pass- 3. An alien immigrant who has previously been ports or official documents in the nature of pass- legally admitted into the United States for permaports issued by the governments of the countries to nent residence and who has frequent occasion to which they owe allegiance or other travel docu- cross the land borders of the United States may ments showing their origin and identity as pre- present, in lieu of an immigration visa or a permit scribed in regulations issued by the Secretary of to re-enter, a resident alien's border-crossing State, and valid passport or other non-immigrant identification card. The bearer of such a bordervisas.
crossing identification card is not required to 2. A non-immigrant alien who is passing in present a passport. transit through the United States may present a 4. An immigrant Spanish national who on April transit certificate granted by an authorized officer 11. 1899 (whether adult or minor) was a bona nde of the United States.
resident of Puerto Rico or adjacant Islands which 3. A non-immigrant alien who enters the United comprised the Province of Puerto Rico, and who. States for a period not exceeding ten days, landing in accordance with Article IX of the treaty between temporarily while the vessel on which he is a the United States and Spain of April 11, 1899. passenger is in port, or crossing the border, enter- has preserved his allegiance to Spain, may present ing and departing via the same port of entry, may a passport visa, in lieu of an immigration visa, for present a limited entry certificate granted by an entry into Puerto Rica. Such aliens may be adauthorized officer of the United States.
mitted into Puerto Rico with regard to the pro4. A non-immigrant alien who is a citizen of visions of the Immigration Act of 1924, except Canada, Newfoundland or Mexico, or who is a Section 23. (Act of May 26, 1926, ch. 400, 44 Stat. British subject domiciled in Canada or Newfound
657.) land, may present a non-resident allen's border
5. The Secretary of State is authorized to define crossing identification card issued by an authorized officer of the United States, if he is entering the
cases of emergency in which the passports and United States for a period of less than thirty days.
immigration visa requirements may be waived for
an immigrant alien. 5. The Secretary of State is authorized to define cases of emergency in which the passport and visa
PART III requirements may be waived for a non-immigrant
The Executive Secretary of the Panama Canal is alien.
hereby authorized to issue passport visas, transit 6. No passport visa, transit certificate, limited certificates, limited entry certificates and immigraentry certificate or non-resident alien's border
tion visas to aliens coming to the United States crossing identification card shall be granted to an
from the Canal Zone. alien whose entry would be contrary to the public
The Governor of American Samoa is hereby safety, nor to an alien who is unable to establish authorized to issue passport visas, transit certifia legitimate purpose or reasonable need for the
cates, limited entry certificates and immigrant proposed entry.
visas to aliens coming to the United States from PART II
The Governor of Guam is hereby authorized to 1. Immigrants must present unexpired passports, issue passport visas, transit certificates, limited or official documents in the nature of passports, is- entry certificates and immigration visas to aliens sued by the governments of the countries to which coming to the United States from Guam. they owe allegiance, or other travel documents
PART IV showing their origin and identity, prescribed in regulations issued by the Secretary of State, and
The documentary requirements for aliens applyvalid immigration visas granted by the consular
ing for admission into American possessions outside officers of the United States in accordance with the
the United States are to be prescribed by the comrequirements of the Immigration Act of 1924 and petent authorities in such possessions. the regulations issued thereunder.
PART V 2. An alien immigrant who has previously been The definitions contained in Section 28 of the legally admitted into the United States for perma- Immigration Act of 1924 shall be regarded as nent residence, has departed therefrom and has applicable to this order, except as otherwise specireturned from a temporary visit abroad, may fied 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 ex- There are certain excepted classes of the yellow amine the information given on questionnaires and races that may enter the United States either pereliminate applicants who are feeble-minded and manently or temporarily, such as the Chinese wife whose prison records make them inadmissible, as of an American citizen who was married prior to well as all others of the classes excluded by law. the approval of the Immigration Act of 1924, as
The principal United States consular officer in amended. She may be admitted for permanent each foreign country is designated as quota-control residence; ministers and professors and their wives officer, and it is his duty to see that the quota is and unmarried children under 18 years of age; not exceeded. The Consular service is under the merchants and their wives and children under Department of State.
the age of 21 years; students of at least 15 years of Under the Quota Law proclaimed in operation, age; travelers, government officials, their families as of July 1, 1929, there may be admitted yearly and suites, etc.; and persons previously lawfully about 153,900 alien immigrants.
admitted to the U. 3. for permanent residence, The quota does not apply to Canada, Mexico, or who are returning from a temporary visit abroad: independent countries of Central and South Amer- and are otherwise admissible under the immigraica. Natives of those countries can come without tion laws. quota. If an alien obtains a certificate and later changes
NON-QUOTA IMMIGRANTS his mind about emigrating his place cannot be A non-quota immigrant is: taken by another.
(a) An immigrant who is the unmarried child The Act of March 24, 1934, granting conditional! under 21 years, or the wife, of a citizen of the independence to the Philippine Islands (accepted U. S. or the husband of a citizen of the United by concurrent resolution of the Philippine Legisla- States by a marriage occurring prior to July 1, ture on May 1, 1934) converted into the status of 1932. aliens such of the Filipinos as were not already (b) An immigrant previously lawfully admitted American citizens, The Philippines thus have be- to the U. S.. who is returning from a temporary come, for U. S. Immigration purposes, a foreign visit abroad for permanent residence: country. The islands have for each fiscal year a (c) An immigrant who was born in Canada, quota of 50 who may be admitted into this country Newfoundland, Mexico, Cuba, Haiti, Dominican as immigrants.
Republic, the Canal Zone, or an independent counAlien Japanese laborers (skilled or unskilled) in try of Central or South America, and his wife, and Hawaii are not permitted to emigrate to the main- his unmarried children under 18 years, if accomland of continental United States, by reason of the panying or following to join him; President's proclamation of Feb. 24, 1913.
(d) An immigrant who continuously for at least