gaged in the treatment of tuberculosis. The statement must contain the following: the name and address of the hospital or institution where the applicant will be treated; an affirmation that arrangements have been made for the alien's treatment and that upon arrival at the hospital or institution the alien will be placed in in-patient or outpatient status as determined by the responsible local physician; an affirmation that financial arrangements for the applicant's care have been made by his sponsor or other responsible individual or that the applicant has established eligibility under the Dependents Medical Care Act of June 7, 1956 (70 Stat. 250; 37 USC 401); an agreement to supply any treatment and observation required for proper management of the applicant's condition in conformity with local standards of medical practice; an agreement to submit to the United States Quarantine Station, Rosebank, Staten Island 5, New York, an initial report giving a clinical evaluation of the applicant, including necessary X-ray films, within 30 days after the alien's arrival at the hospital or other institution or, if within 30 days after receipt of notice from the United States Public Health Service that the alien has arrived in the United States he has not reported to the hospital or other institution, a report stating this fact, and a report of the final disposition of each case. When the required statement is submitted by a hospital or other institution, it must bear an endorsement by a State or city health department affirming its recognition of the hospital or institution as qualified to engage in the treatment of tuberculosis, unless the United States Public Health Service has established that the hospital or institution is recognized as qualified for that purpose.

The appli

cant shall also submit his assurance that upon admission into the United States he will proceed directly to the hospital or other institution specified, submit to such examination, treatment, isolation and medical regimen as may be required, and remain under the prescribed treatment or observation, whether in an inpatient or out-patient basis until discharged. If applicable to his case, the applicant must also submit an assurance that he will comply with the provisions of the publication "Sanitary Measures for Travel of Aliens with Tuberculosis," a copy of which shall be furnished to him.

(c) Section 212(e). An alien who has been a participant in an exchange program and who believes that compliance with the foreign residence requirement of section 212(e) of the Act would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident alien shall apply for a waiver on Form I-612. The alien's spouse, if also subject to the foreign residence requirement, may be included in the application, provided the spouse has not been a participant in the exchange program. Each application must be accompanied by the certificate of marriage between the applicant and his spouse and proof of legal termination of all previous marriages of the applicant and spouse; the birth certificate of any child who is a United States citizen or lawful permanent resident alien, if the application is based upon a claim of exceptional hardship to such child, and evidence of the United States citizenship of the applicant's spouse or child, when the application is based upon a claim of exceptional hardship to the spouse or child who is a citizen of the United States. Evidence of United States citizenship and of status as a lawful permanent resident shall be in the form provided in Part 205 of this chapter. A statement, dated and signed by the applicant, shall also be attached to the application giving a detailed explanation of the basis for his belief that his compliance with the foreign residence requirement of section 212(e) of the Act, as amended, would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident thereof. The statement shall include all pertinent information concerning the incomes and savings of the applicant and spouse. If exceptional hardship is claimed upon medical grounds, the applicant shall submit a medical certificate from a qualified physician setting forth in terms understandable to a layman the nature and effect of the illness and a prognosis as to the period of time the spouse or child will require care or treatment. The applicant shall be notified of the decision on his application and, if the application is denied, the reasons therefor. No appeal shall lie from denial of an application.

[29 F.R. 12584, Sept. 4, 1964; 29 F.R. 13242, Sept. 24, 1964]

§ 214.1

Requirements for admission, extension, and maintenance of status.

(a) General. Every nonimmigrant alien applicant for admission or extension of stay in the United States shall establish that he is admissible to the United States or that a ground of inadmissability has been waived under section 212(d) (3) of the Act; present a passport, valid for the period set forth in section 212(a) (26) of the Act, except as otherwise provided in this chapter, and, upon admission, a valid visa, except when either or both documents have been waived; agree that he will abide by all the terms and conditions of his admission or extension, and that he will depart at the expiration of the period of his admission or extension or on abandonment of his authorized nonimmigrant status; and post a bond on Form I-352 in the sum of not less than $500 if required by the district director, special inquiry officer, or the Board of Immigration Appeals at the time of admission or extension, to insure the maintenance of the alien's nonimmigrant status and his departure from the United States. A nonimmigrant other than one in the classes defined in (1) section 101(a) (15) (A) (i) or (ii) or (G) (i), (ii), (iii), or (iv) of the Act (members of which classes are not required to obtain extensions of stay if they continue to be so recognized by the Secretary of State as members of such classes); (2) section 101 (a) (15) (C) or (D) of the Act (members of which classes are ineligible for extensions of stay); (3) section 101(a) (15) (J) of the Act, or (4) Title V of the Agricultural Act of 1949, as amended, and whose period of admission has not expired, shall apply on Form I-539 and may be granted or denied, without appeal, an extension of his period of temporary admission by an

officer in charge of a suboffice or a district director. A separate application must be executed and submitted for each alien seeking an extension of the period of temporary admission even though part of a single family unit, except that children under the age of 14, regardless of whether they accompanied a parent to the United States, and regardless of whether included in the passport of the parent, may be included in the application of the parent without any additional fee and may be granted the same extension as the parent.

(b) Termination of status. Within the period of initial admission or extension of stay, the nonimmigrant status of an alien shall be terminated by the revocation of a waiver previously authorized in his behalf under section 212(d) (3) or (4) of the Act or by the revocation and invalidation of his visa pursuant to section 221 (i) of the Act.

[26 F.R. 12067, Dec. 16, 1961; 29 F.R. 11957, Aug. 21, 1964]

§ 214.2 Special requirements for admission, extension, and maintenance of status.

The general requirements in § 214.1 are modified for the following nonimmigrant classes:

(a) Foreign government officials. The determination by a consular officer prior to admission and the recognition by the Secretary of State subsequent to admission shall prima facie establish the classification of a nonimmigrant defined in section 101(a) (15) (A) of the Act. An alien who has a nonimmigrant status under section 101 (a) (15) (A) (i) or (ii) of the Act shall be admitted for the duration of the period for which he continues to be recognized by the Secretary of State as being entitled to such status. An alien who has a nonimmigrant status under section 101 (a) (15) (A) (iii) of the Act shall be admitted for an initial period not exceeding one year, and may be granted extensions of temporary stay in increments of not more than one year. An application for extension of temporary stay by an alien who has a nonimmigrant status under section 101(a) (15) (A)(iii) shall be accompanied by a written statement from the official by whom the applicant is employed describing the current and intended employment of the applicant.

of

(b) Visitors. The classification visitors in the Act has been subdivided for visa, admission, and extension purposes into visitors for business (B-1) and visitors for pleasure (B-2). A B-1 or B-2 visitor may be admitted for an initial period of not more than six months and may be granted extensions of temporary stay in increments of not more than six months, except that the B-2 spouse or child of an alien who has a status under section 101(a) (15) (H) of the Act may be admitted for an initial period of not more than one year and may be granted extensions of temporary stay in increments of not more than one year.

(c) Transits-(1) Without visas. Any alien, except a citizen and resident of the Union of Soviet Socialist Republics, Estonia, Latvia, Lithuania, Poland, Czechoslovakia, Hungary, Rumania, Bulgaria, Albania, Cuba, Communistcontrolled China ("Chinese People's Republic"), North Korea ("Democratic People's Republic of Korea"), the Soviet Zone of Germany ("German Democratic Republic"), North Viet-Nam ("Democratic Republic of Viet-Nam"), and Outer Mongolia ("Mongolian People's Republic"), applying for immediate and continuous transit through the United States, must establish that he is admissible; that he has confirmed and onward reservations to at least the next country beyond the United States (except that, if seeking to join a vessel or aircraft in the United States as a crewman, the vessel or aircraft will depart directly foreign, and his departure will be completed within a maximum of 5 calendar days after his arrival, and, if joining a vessel, the crewman is in possession of, or makes application upon arrival for, a Form I-184 permanent landing permit and identification card), and that he has a document establishing his ability to enter some country other than the United States. Except for transit from one part of foreign contiguous territory to another part of the same territory, application for direct transit without a visa must be made at one of the following ports of entry: Buffalo, N.Y.; Rouses Point, N.Y.; Boston, Mass.; New York, N.Y.; Norfolk, Va.; Baltimore, Md.; Philadelphia, Washington, D.C.; Miami, Fla.; Tampa, Fla.; New Orleans, La.; San Antonio,

Pa.;

Tex.; Dallas, Tex.; Houston, Tex.; Brownsville, Tex.; San Diego, Calif.; Los Angeles, Calif.; San Francisco, Calif.; Honolulu, Hawaii; Seattle, Wash.; Portland, Oreg.; St. Paul, Minn.; Chicago, Ill.; Detroit, Mich.; Anchorage, Alaska; Fairbanks, Alaska; San Juan, P.R.; Charlotte Amalie, V.I.; Christiansted, V.I.; Agana, Guam. The privilege of transit without a visa may be authorized only under the conditions that the alien will depart voluntarily from the United States, that he will not apply for adjustment of status under section 245 of the Act, and that at all times he is not aboard an aircraft which is in flight through the United States he shall be in the custody directed by the district director, provided that if admissibility is established only after exercise of the discretion contained in section 212(d) (3) (B) of the Act the alien shall be in the custody of the Service at carrier expense and must depart on the earliest and most direct foreign-destined plane or vessel. A citizen and resident of the Union of Soviet Socialist Republics, Estonia, Latvia, Lithuania, Poland, Czechoslovakia, Hungary, Rumania, Bulgaria, and the Soviet Zone of Germany ("German Democratic Republic") who is in possession of an official Olympic Games identity card duly issued for participation in the 1964 Olympic Games may apply for admission under this subparagraph during the period from September 10, 1964, to November 25, 1964, if transiting Anchorage, Alaska, by air en route to or from Japan in connection with the 1964 Olympic Games, provided that he shall be in the custody of the Service at all times when not aboard an aircraft in flight through the United States, and provided further that, notwithstanding the provisions of § 231.1 of this chapter, an executed set of Forms I-94 is presented for each such citizen and resident.

(2) United Nations Headquarters District. An alien of the class defined in section 101(a) (15) (C) of the Act, whose visa is limited to transit to and from the United Nations Headquarters District, if otherwise admissible, shall be admitted on the additional conditions that he proceeds directly to the immediate vicinity of the United Nations Headquarters District, and remains there continuously, departing therefrom only if required in