File No. 136.2/35a.

No. 77. General Instruction Consular.

Rule (d) under which the presumption arising under section 2 of the act of March 2, 1907, may be overcome.

To the American diplomatic and consular officers (including consular agents)

Gentlemen: In view of the decision of the Attorney General communicated to you in the circular instruction of December 22, 1910,1 entitled “Expatriation,” the following rule (d) is adopted as supplementary to rules (a), (b), and (c), prescribed in the circular instruction of April 19, 1907,2 whereunder the presumption of expatriation arising against a naturalized citizen under the provision of the second paragraph of section 2 of the act of March 2, 1907, may be overcome, namely, by his presenting to a diplomatic or consular officer proof establishing the following fact:

(d) That he has made definite arrangements to return immediately to the United States for permanent residence.

When a naturalized citizen against whom the presumption has arisen has failed previously to present evidence sufficient under rules (a), (b), and (c) to overcome it, but applies to a diplomatic or consular officer for a passport, such officer should require positive evidence of some kind, besides the man’s bare allegation, first, that he intends to return forthwith to this country, and has actually made his arrangements to do so, and, second, that his intended return is for permanent residence and not merely for a temporary visit. In this connection the disposition of his property and effects, the arrangements in regard to his family, if he has one, and the steps taken to obtain passage to the United States are to be considered; and, whenever practicable, the exhibition of the applicant’s steamship -ticket should be required.

Under the circumstances mentioned a passport may be issued to the person concerned by a diplomatic officer or consular officer authorized to issue emergency passports if he needs it to enable him to [Page 2] leave the country in which he has been residing or to pass, on his way to the United States, through a country in which passports are required. A passport should not be issued merely to facilitate entry into the United States.

An emergency passport issued under the conditions mentioned should be limited to a period sufficient to cover the date of embarkation or period of passage and should recite upon its face the object for which it is issued.

I am. etc.,

P. C. Knox.