A-3752, DECEMBER 9, 1924, 4 COMP. GEN. 518

A-3752, DECEMBER 9, 1924, 4 COMP. GEN. 518

IMMIGRATION VISAS - REFUND OF FEES FEES PAID BY IMMIGRANTS FOR VISAS OF PASSPORTS ISSUED BETWEEN MAY 26, 1924, DATE OF APPROVAL OF IMMIGRATION ACT (43 STAT. 153) RESTRICTING IMMIGRATION, AND JULY 1, 1924, THE EFFECTIVE DATE THEREOF, MAY BE REFUNDED DIRECTLY TO THE IMMIGRANTS BY THE CONSULAR OFFICER, WHERE THE VISA COULD NOT PROPERLY HAVE BEEN USED BY THE IMMIGRANT BECAUSE OF INSUFFICIENCY OF TIME BETWEEN THE DATE OF ISSUANCE AND JULY 1, 1924, OR SUBSEQUENT TO JULY 1, 1924, BECAUSE OF THE STATUTORY CHANGES IN THE PROVISIONS GOVERNING IMMIGRATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, DECEMBER 9, 1924:

I HAVE YOUR LETTER OF SEPTEMBER 15, 1924, ASKING FURTHER CONSIDERATION OF THE QUESTION OF REFUNDING TO THE IMMIGRANT HOLDERS OF UNUSED AND UNEXPIRED VISAS OF PASSPORTS THE AMOUNT OF THE FEE PAID THEREON UNDER PRIOR LAWS WHO SHOW THAT THEY WERE NOT USED "BECAUSE THE QUOTA TO WHICH THEY (SUCH IMMIGRANTS) WOULD LAWFULLY HAVE BEEN CHARGED WAS EXHAUSTED, OR BECAUSE THERE WAS NOT SUFFICIENT TIME BETWEEN THE DATE OF GRANTING THE VISA AND THE DATE OF THE EXHAUSTION OF THE QUOTA OR THE TAKING EFFECT OF THE IMMIGRATION ACT OF 1624 ON JULY 1 TO ENABLE THEM TO REACH THE UNITED STATES AND PRESENT THEIR VISAS AT THE APPROPRIATE PORTS OF ENTRY.'

THE DECISION BY THIS OFFICE OF JULY 19, 1924, 4 COMP. GEN. 81, NEGATIVES ISSUING GRATUITOUSLY VISAS OF PASSPORTS PURSUANT TO THE IMMIGRATION ACT OF MAY 26, 1924, 43 STAT. 153, TO THOSE WHO WERE HOLDERS OF UNUSED VISAS OF PASSPORTS ISSUED UNDER PRIOR LAWS. THAT DECISION AND PRIOR DECISIONS OF THIS OFFICE INVOLVING THE QUESTION OF REFUNDING TO IMMIGRANTS THE FEES CHARGED FOR UNUSED VISAS OF PASSPORTS (3 COMP. GEN. 115; ID. 458) WERE BASED ON THE PROPOSITION THAT SUCH FEES ARE AUTHORIZED TO BE REFUNDED ONLY WHERE THERE HAS BEEN A DEFECT IN THE SERVICE PERFORMED BY THE CONSULAR OFFICER OR FOR ANY REASON THE VISAS OF PASSPORTS HAVE BEEN IMPROPERLY ISSUED. THUS, THE EXHAUSTION OF A QUOTA, OR THE PASSAGE OF A NEW IMMIGRATION LAW, WOULD NOT OF THEMSELVES JUSTIFY THE REFUNDING OF THE FEES CHARGED FOR VISAS OF PASSPORTS REGULARLY ISSUED UNDER LAWS PREVIOUSLY IN FORCE.

YOUR SUBMISSION PRESENTS A PHASE OF THE QUESTION NOW FOR SPECIAL CONSIDERATION, THAT IS, THE VISAS OF PASSPORTS ISSUED BETWEN MAY 26, 1924, THE DATE OF THE NEW IMMIGRATION LAW, AND JULY 1, 1924, THE EFFECTIVE DATE THEREOF. THE PASSAGE OF THE NEW IMMIGRATION LAW OF MAY 26, 1924, WAS NOTICE TO THE CONSULAR OFFICERS OF THE CHANGE IN THE STATUTORY PROVISIONS GOVERNING THE ADMISSION OF IMMIGRANTS INTO THE UNITED STATES. ANY VISAS OF PASSPORTS ISSUED SUBSEQUENT THERETO WHICH COULD NOT POSSIBLY HAVE BEEN USED BY THE IMMIGRANTS PRIOR TO JULY 1, 1924, BECAUSE OF INSUFFICIENCY OF TIME TO REACH THE UNITED STATES AND PRESENT THEM TO THE APPROPRIATE PORTS OF ENTRY, AND WHICH COULD NOT BE USED SUBSEQUENT TO JULY 1, 1924, BECAUSE OF THE CHANGES IN THE STATUTORY PROVISIONS GOVERNING IMMIGRATION, MAY BE CONSIDERED TO HAVE BEEN IMPROPERLY ISSUED. THEREFORE, ON SUCH BASIS REFUNDS MAY BE MADE OF THE FEES FOR THE VISAS SO IMPROPERLY ISSUED DURING THAT PERIOD. I SEE NO OBJECTION TO THE PROCEDURE SUGGESTED BY YOU OF HAVING THE CONSULS MAKE THE REFUND DIRECT TO SUCH IMMIGRANTS; BUT TO WARRANT CREDIT FOR SUCH REFUNDMENTS IN THE ACCOUNTS OF THE CONSULAR OFFICERS, THERE MUST BE SUBMITTED THE ORIGINAL PASSPORT IN EACH CASE, SHOWING THE FACT AND DATE OF THE VISA, TOGETHER WITH A RECEIPT BY SUCH IMMIGRANT HOLDER FOR THE AMOUNT REFUNDED AND A CERTIFICATE FROM THE CONSULAR OFFICER SETTING FORTH FACTS FROM WHICH IT CAN BE DETERMINED THAT IT WAS IMPOSSIBLE FOR ANY ONE DEPARTING FROM PLACE OF VISA ON THE DATE THEREOF TO ARRIVE AT THE APPROPRIATE PORT IN THE UNITED STATES BEFORE JULY 1, 1924.