811.111 Refugees/193: Circular telegram
The Acting Secretary of State to Certain Diplomatic and Consular Officers 68
The following procedure has been adopted by the Department of State and the Department of Justice with a view to extending every facility and assistance permitted under the law to alien refugees living under difficult conditions who desire to come to the United States either as immigrants or as non-immigrant temporary visitors or transients, where the applicants are qualified under the law, are coming to the United States for a legitimate purpose and do not intend to engage in any activity inimical to the United States.
The procedure will be applicable only to individuals whose cases have been previously approved by joint action of the Department of State and the Department of Justice. The names of such individuals will be cabled to the appropriate consul in the country of the applicant’s residence, with a reference to this instruction. If immigration, visitor’s, or transit visas, cannot be immediately issued to such individuals, and to their wives, children, and other accompanying members of their families, the consuls are directed to notify the Department at once concerning the nature of any difficulty which has arisen in order that all practicable steps may be taken to remove such impediment to the issuance of the visas.
Before names are cabled to consular officers for action pursuant to this instruction the individuals in question will have been approved in Washington with respect to: first, the propriety of the purposes for which they seek to enter the United States; second, the matter of their departure from the United States at the conclusion of the period for which they shall have been permitted entry, in cases in which they are eligible only for visitors’ visas or transit certificates; and third, the existence and adequacy of assurances that they will not become public charges.
[Page 234]Immigration visas will be issued in all cases in which quota numbers are available for persons of the applicants’ registration dates, and in which an immigration visa is desired. In cases in which quota numbers are not available and the applicants desire to apply for temporary entry, their cases should be considered under such categories as follows: Transit certificates may be issued to aliens in possession of visas with which they will be permitted to enter another country. In all other cases visitors’ visas may be issued.
In all cases in which visitors’ visas or transit visas are issued, the consul will inform the applicant that he is assuming the obligation to leave the United States as soon as it is possible for him to do so and to make immediate efforts in good faith to secure travel documents to this end. The application for a visa shall contain the statement that the application is made upon this understanding.
Particular attention is called to the fact that Section 7 (c) documents, including passports, military and police certificates and birth certificates, which are not readily available, may be waived under Note 87, Supplement A, Part II, Foreign Service Regulations. It is anticipated that under present conditions some or all of such documents will not be available.
Cases of other refugees than those covered by this procedure may be given every consideration in the light of their particular facts and evidence submitted by mail or telegraph relating to support and intention and ability to proceed to a third country at the conclusion of their visit.
You may in your discretion, and possibly upon request of the applicant, inform the authorities or other persons regarding the issuance of visas or the favorable preliminary consideration of cases, for possible assistance to the applicants in obtaining transit visas to place of embarcation.
- Sent to the diplomatic officers at Lisbon (No. 186), London (No. 2038), and Dublin (No. 51), and to consular officers at Oporto (No. 15), Marseille (No. 169), and Bordeaux (No. 706).↩