A-3752, JULY 19, 1924, 4 COMP. GEN. 81

A-3752, JULY 19, 1924, 4 COMP. GEN. 81

IMMIGRATION VISAS IMMIGRANTS DESIRING TO ENTER THE UNITED STATES ON AND AFTER JULY 1, 1924, MAY NOT EXCHANGE WITHOUT COST UNUSED AND UNEXPIRED VISAED PASSPORTS, ISSUED UNDER THE PRIOR LAWS FOR THE ,IMMIGRATION VISAS" REQUIRED BY THE ACT OF MAY 26, 1924, 43 STAT. 153, BUT MUST PAY THE $9 FEE REQUIRED FOR IMMIGRATION VISAS BY THE ACT.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF STATE, JULY 19, 1924:

I HAVE YOUR LETTER OF JUNE 30, 1924, REQUESTING DECISION WHETHER IMMIGRATION VISAS UNDER THE PROVISIONS OF THE IMMIGRATION ACT OF 1924 MAY BE ISSUED GRATUITOUSLY TO BEARERS OF UNUSED AND UNEXPIRED VISAS OF PASSPORTS ISSUED UNDER LAWS IN FORCE PRIOR TO JULY 1, 1924.

THE ACT OF JUNE 4, 1920, 41 STAT. 750, IN FORCE PRIOR TO JULY 1, 1924, PROVIDED AS FOLLOWS:

SECTION 2. FROM AND AFTER THE 1ST DAY OF JULY, 1920, THERE SHALL BE COLLECTED AND PAID INTO THE TREASURY OF THE UNITED STATES QUARTERLY A FEE OF $1 FOR EXECUTING EACH APPLICATION OF AN ALIEN FOR A VISE AND $9 FOR EACH VISE OF THE PASSPORT OF AN ALIEN: * * *

SEC. 3. THE VALIDITY OF A PASSPORT OR VISE SHALL BE LIMITED TO TWO YEARS, UNLESS THE SECRETARY OF STATE SHALL BY REGULATION LIMIT THE VALIDITY OF SUCH PASSPORT OR VISE TO A SHORTER PERIOD.

SECTION 2 OF THE IMMIGRATION ACT OF 1924, DATED MAY 26, 1924, 43 STAT. 153, EFFECTIVE JULY 1, 1924, PROVIDES FOR ISSUANCE OF "IMMIGRATION VISAS" UNDER CERTAIN CONDITIONS THEREIN EXPRESSED. PARAGRAPH (C) OF THAT SECTION PROVIDES: "THE VALIDITY OF AN IMMIGRATION VISA SHALL EXPIRE AT THE END OF SUCH PERIOD, SPECIFIED IN THE IMMIGRATION VISA, NOT EXCEEDING FOUR MONTHS, AS SHALL BE BY REGULATIONS PRESCRIBED.' PARAGRAPH (H) OF THE SAME SECTION PROVIDES AS FOLLOWS:

A FEE OF $9 SHALL BE CHARGED FOR THE ISSUANCE OF EACH IMMIGRATION VISA, WHICH SHALL BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS.

YOU STATE THAT VISAS OF PASSPORTS GRANTED PRIOR TO JULY 1, 1924, WERE AS A RULE VALID FOR ONE YEAR; THAT IN MOST OF THE CASES THE FEES COLLECTED THEREFOR HAVE BEEN COVERED INTO THE TREASURY; AND THAT UNDER THE PROVISIONS OF THE IMMIGRATION ACT OF 1924 OWNERS OF THE VISAED PASSPORTS COMING TO THE UNITED STATES ON AND AFTER JULY 1, 1924, UNLESS THEY BELONG TO THE LIMITED CLASSES SPECIFIED IN SECTION 3 OF THAT ACT AS NOT BEING "IMMIGRANTS," WILL BE REQUIRED TO OBTAIN ADDITIONAL DOCUMENTS KNOWN AS "IMMIGRATION VISAS.'

THE PROVISION OF THE ACT OF MAY 26 REQUIRING THE IMMIGRATION VISAS DID NOT TAKE EFFECT UNTIL JULY 1, 1924; THAT IS TO SAY, ANY IMMIGRANT WHO ON MAY 26, 1924, HELD A VISA, WHICH PRIOR TO THAT DATE WOULD ENTITLE HIM TO ENTER THE UNITED STATES COULD HAVE ENTERED THE UNITED STATES THEREON AT ANY TIME PRIOR TO JULY 1, 1924, WITHOUT AN IMMIGRATION VISA SUCH AS IS REQUIRED UNDER THE SAID ACT OF MAY 26, 1924. IT IS REASONABLE TO ASSUME THAT IF ANY OTHER CONCESSIONS TO HOLDERS OF VISAS THERETOFORE ISSUED HAD BEEN INTENDED THEY WOULD HAVE BEEN MADE IN THE ACT.

FOR THE ISSUANCE OF THE IMMIGRATION VISAS REQUIRED ON AND AFTER JULY 1, 1924, THE STATUTE SPECIFICALLY DIRECTS THAT A CHARGE OF $9 BE MADE. THIS PROVISION IS MANDATORY AND MAKES NO EXCEPTION, NOR DOES IT AUTHORIZE CREDITING THE HOLDER OF AN UNUSED AND UNEXPIRED VISAED PASSPORT ISSUED UNDER LAWS IN FORCE PRIOR TO JULY 1, 1924, WITH ANY PORTION OF THE FEE CHARGED THEREFOR.

ANY RELIEF TO HOLDERS OF UNUSED AND UNEXPIRED VISAED PASSPORTS, IN SO FAR AS ANY REFUND OR CREDIT TO THEM MAY BE CONCERNED, IS A MATTER FOR THE ATTENTION OF CONGRESS.