Foreign Relations of the United States Diplomatic Papers, 1940, General and Europe, Volume II

811.111 W. R./1: Circular telegram

The Secretary of State to Diplomatic and Consular Officers

Washington, June 5, 1940—6 p.m.

In view of the international situation it is essential that all aliens seeking admission into the United States, including both immigrants and nonimmigrants, be examined with the greatest care.

Effective immediately, all applications for diplomatic and nonimmigrant visas, transit certificates and limited entry certificates, except as hereinafter specified, shall be executed in triplicate on Form 257, under oath administered by the Consul. A signed photograph will be attached to each copy of the form and impressed with the legend machine or impression seal. The visa or certificate will be stamped on the original form no. 257 to be given to the applicant for surrender at the port of entry. In no case should the visa or certificate be stamped on, or the visaed form be attached to, the travel document. The triplicate application will be retained in the files of the office and the duplicate form shall be transmitted promptly to the Department.

In the case of aliens bearing passports or other travel documents issued by governments recognized by the United States, there may be placed thereon a notation indicating the issuance of the nonimmigrant visa or certificate. For this purpose the impression of the rubber stamp specified in note 98 to Supplement A, may be suitably amended and used.

Accredited diplomatic and consular officers and their families, and such other high government officials as the officer in charge shall determine in his discretion, are excepted from the foregoing procedure. The applications of these groups shall be handled in the same manner as heretofore and visas will be stamped on the passports. Reports covering the issuance both of diplomatic and section 3 (1) visas shall be continued as heretofore, except that in each case they will be transmitted in quadruplicate and on separate sheets of paper or on a prepared form.

All applications for nonimmigrant documentation should be carefully scrutinized in the light of war conditions and other factors affecting the purpose of the applicant’s proposed entry into the United States. A visa should be issued only when the applicant conclusively establishes a legitimate purpose or a reasonable need for his presence in this country (rather than his departure from abroad). Each applicant should be required to specify in his application what places he intends to visit in the United States and how long he intends to stay in each place.

Each applicant shall also be required to present conclusive evidence that upon his departure from the United States he will be admitted into the country of his nationality or some other foreign country to which he intends to return or proceed. Such evidence may include written assurance from the appropriate foreign authorities or confirmation obtained at applicant’s expense through American diplomatic or consular representatives in third countries. Specific reference to authorization for applicant’s admission into foreign country should be made on form 257.

The last sentence of the application on form no. 257 is hereby amended to read as follows: “I solemnly swear that the foregoing statements are true to the best of my knowledge and belief and I understand that I shall be required to depart from the United States at the end of my temporary sojourn.” The supply of forms on hand should be amended accordingly, except with respect to diplomatic and section 3 (1) applications.

In the case of journalists, including newspaper representatives, freelance reporters, and writers, the advance authorization of the Department shall be obtained before issuing a nonimmigrant visa or certificate. Requests for such authorization may be made by telegraph at the applicant’s expense and should include a statement regarding his identity and affiliations, which should be carefully verified.

Subdivisions (a) and (d) of note 5, to Supplement A, Part II of the Foreign Service Regulations are cancelled, effective July 1, 1940, and thereafter the aliens referred to therein shall be required to obtain appropriate documentation before being admitted into the United States.

The last paragraph of note 69 to Supplement A, is also cancelled as of July 1, 1940 as well as circular instruction February 1, 1939, diplomatic serial 3028.⁶⁵

Visa fee agreements with Denmark, Luxembourg, the Netherlands, and Norway, and the reduced fee for Belgians, are held to be in suspension. Fees amounting to 10 dollars should be collected for the issuance of passport visas to nationals of these countries.

Hull

65. Not printed.