390.1115A/651: Telegram

The Secretary of State to the Consul at Bombay ( Donovan )

20. Your 45, January 22, 1 p.m. The answer to your concluding sentence is in the negative.

The Department has been informed that the Board of Immigration Appeals will endeavor to relieve steamship company of fine in the event an alien wife is found inadmissible upon arrival provided steamship company can show that such care had been taken as circumstances permitted and provided the Department of State indicates that incident resulted from emergency abroad.

The Department has been further informed that the Board will act similarly in the case of an alien wife found inadmissible upon arrival who is proceeding to the United States with her husband because of the war but without the existence of any special emergency in the country from which she came provided the company can show it had exercised due care before accepting the woman as passenger and provided the Consul had indicated that the departure of American citizens and their families for the United States might be advisable.

Departmental clearance is required for issuance of visa to any alien enemy. In case of alien enemy wife, applicant may be excused from submitting Forms BC if Section 4 (a) status authorized and clearance requested telegraphically by consular officer because of emergency or advisability of departure of American citizens and families for United States. Where Section 4 (a) status not already accorded the procedure outlined in Note 171 of Visa Supplement A may be followed. Your telegram should include request for Departmental clearance and indication that applicant is an alien enemy desirous of proceeding to the United States with husband because of war.

Hull