Code of Federal Regulations: Containing a Codification of Documents of ...

who proceeded from one adjacent island or foreign contiguous territory to another by means of a transportation line signatory to a contract pursuant to section 238 (a) or (b) of the Act and Part 238 of this chapter and who is seeking admission from the last island or territory, regardless of the method of entry into the first island or territory.

[29 F.R. 12583, Sept. 4, 1964]

§ 211.5

Recording the entry of certain immigrant children admitted without immigrant visas.

When an immigrant alien who: (a) Is a child born subsequent to the issuance of an immigrant visa to his accompanying parent; or (b) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident, or a national, of the United States, is admitted to the United States for lawful permanent residence without an immigrant visa, the admission shall be recorded on Form I-181.

[32 F.R. 9625, July 4, 1967]

Sec. 212.1

Documentary requirements for nonimmigrants.

212.2 Consent to reapply for admission after deportation, removal or departure at Government expense. 212.3 Application for the exercise of discretion under section 212(c). 212.4 Applications for the exercise of discretion under section 212(d)(3). 212.5 Parole of aliens into the United States. 212.6 Nonresident alien border crossing cards.

212.7 Waiver of certain grounds of excludability.

212.8 Certification requirement of section 212(a) (14).

AUTHORITY: The provisions of this Part 212 issued under secs. 101, 103, 212, 214, 235, 236, 238, 242, 66 Stat. 166, 173, 182, as amended, 189, 198, 200, 202, 208, as amended, 8 U.S.C. 1101, 1103, 1182, 1184, 1225, 1226, 1228, 1252, 1182b, 1182c.

scribed in section 102 of the Act is not required to extend beyond the date of his application for admission if so admitted, and except as otherwise provided in the Act, this chapter, and for the following classes:

(a) Canadian nationals, and aliens having a common nationality with nationals of Canada or with British subjects in Bermuda, the Bahamas, Cayman Islands, and Turks and Caicos Islands. A visa is not required of a Canadian national, and a passport is not required of such a national except after a visit outside of the Western Hemisphere. A visa is not required of an alien having a common nationality with Canadian nationals or with British subjects in Bermuda, who has his residence in Canada or Bermuda, and a passport is not required of such an alien except after a visit outside of the Western Hemisphere. A visa and a passport are required of a British subject who has his residence in the Bahamas except that a visa is not required of such an alien who, prior to or at the time of embarkation for the United States on a vessel or aircraft, satisfies the examining U.S. immigration officer at Nassau, Bahamas, that he is clearly and beyond a doubt entitled to admission in all other respects. A visa is not required of a British subject who has his residence in, and arrives directly from, the Cayman Islands or the Turks and Caicos Islands and who presents a current certificate from the Clerk of Court of the Cayman Islands or the Turks and Caicos Islands indicating no criminal record.

(b) British, French, and Netherlands nationals, and nationals of certain adjacent islands of the Caribbean which are independent countries. A visa is not required of a British, French, or Netherlands national, or a national of Jamaica, Trinidad and Tobago, or Barbados, who has his residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or in Jamaica, Trinidad and Tobago, or Barbados, for admission and stay in Puerto Rico or the Virgin Islands of the United States, or as an agricultural worker in the United States: Provided, That the authorized period for which an alien was admitted pursuant to this paragraph for temporary stay in Puerto Rico or the Virgin Islands of the United States shall be terminated automatically when such alien manifests an intention to depart or attempts to depart or departs di

abroad, traveled to, in, or through Cuba, or Communist portions of Korea or VietNam, unless his permit bears an endorsement, or he presents a letter issued to him by the Department of State, stating that the restriction with regard to any such place or places has been waived. A waiver of the restriction will not be authorized unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places.

(3) Waiver of visas. An immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad who satisfies the district director in charge of the port of entry that there is good cause for his failure to present an immigrant visa, Form I-151, or reentry permit may, upon application on Form I-193, be granted a waiver of that requirement. If the alien has traveled to, in, or through Cuba, or Communist portions of Korea or Viet-Nam, a waiver will not be authorized unless the Secretary of State has granted the alien permission to travel to, in, or through any such place or places.

(c) Immigrants having occupational status defined in section 101 (a) (15) (A), (E), or (G) of the Act. An immigrant visa, reentry permit, or Form I-151 shall be invalid when presented by an alien who has an occupational status under section 101 (a) (15) (A), (E), or (G) of the Act, unless he has previously submitted, or submits at the time he applies for admission to the United States, the written waiver required by section 247(b) of the Act and Part 247 of this chapter.

[31 F.R. 13387, Oct. 15, 1966, as amended at 32 F.R. 408, Jan. 14, 1967; 32 F.R. 8378, June 10, 1967; 32 F.R. 11516, Aug. 10, 1967; 33 F.R. 4561, Mar. 15, 1968; 35 F.R. 3065, Feb. 17, 1970; 36 F.R. 1247, Jan. 27, 1971; 36 F.R. 22145, Nov. 20, 1971; 36 F.R. 23865, Dec. 16, 1971]

A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his immigrant visa shall be presented by each immigrant except an immigrant who (a) is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States, or (b) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided the child's application

for admission to the United States is made within two years of his birth, the child is accompanied by his parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States, or (c) is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad, or (d) is a stateless person or a person who because of his opposition to Communism is unwilling or unable to obtain a passport from the country of his nationality or is the accompanying spouse or unmarried son or daughter of such immigrant, or (e) is a third-preference quota immigrant, or (f) is a member of the Armed Forces of the United States, or (g) satisfies the district director in charge of the port of entry that there is good cause for failure to present the required document, in which case an application for waiver shall be made on Form I-193.

[29 F.R. 10578, July 30, 1964, as amended at 30 F.R. 14776, Nov. 30, 1965]

§ 211.3 Expiration of immigrant visas, reentry permits, and Forms 1-151, An immigrant visa, reentry permit, or Form I-151 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his immigrant visa or reentry permit or, with respect to Form I-151, before the first anniversary of the date on which he departed from the United States, provided that the vessel or aircraft on which he so embarked or enplaned arrives in the United States or foreign contiguous territory on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.

[29 F.R. 10578, July 30, 1964]

§ 211.4 Inapplicability of section 212 (a) (24) to certain immigrants. The provisions of section 212(a) (24) of the Act do not apply to an immigrant who is native of an adjacent island or of foreign contiguous territory and who is seeking admission from any adjacent island or foreign contiguous territory, or

[29 F.R. 12583, Sept. 4, 1964]

§ 211.5

Recording the entry of certain immigrant children admitted without immigrant visas.

[32 F.R. 9625, July 4, 1967]

rectly for any U.S. destination outside Puerto Rico or the Virgin Islands of the United States, unless an immigration officer has authorized such alien to proceed to a destination in the continental United States.

(c) Mexican nationals. A visa and a passport are not required of a Mexican national who is a military or civilian official or employee of the Mexican national, state, or municipal government, or a member of the family of any such official or employee; or is in possession of a border crossing card on Form I-186 and is applying for admission as a temporary visitor for business or pleasure from contiguous territory; or is entering solely for the purpose of applying for a Mexican passport or other official Mexican document at a Mexican consular office on the United States side of the border. A visa is not required of a Mexican national who is in possession of a border crossing card and is applying for admission to the United States as a temporary visitor for business or pleasure from other than contiguous territory. A visa is not required of a Mexican national who is a crewman employed on an aircraft belonging to a Mexican company authorized to engage in commercial transportation into the United States.

(d) Natives and residents of the Trust Territory of the Pacific Islands. A visa and a passport are not required of a native and resident of the Trust Territory of the Pacific Islands who has proceeded in direct and continuous transit from the Trust Territory to the United States.

(e) Direct transits—(1) Transits without a visa. A passport and visa are not required of an alien who is being transported in immediate and continuous transit through the United States in accordance with the terms of an agreement entered into between the transportation line and the service under the provisions of section 238 (d) of the Act on Form I-426 to insure such immediate and continuous transit through, and departure from, the United States en route to a specifically designated foreign country: Provided, That such alien is in possession of a travel document or documents establishing his identity and nationality and ability to enter some country other than the United States. This waiver of visa and passport requirements is not available to an alien who is a citizen of Cuba. This waiver of visa and passport requirements is not available to an alien who is a citizen of North Korea (Democratic

Peoples' Republic of Korea), North Vietnam (Democratic Republic of Vietnam), or the Soviet Zone of Germany (German Democratic Republic) and is a resident of one of said countries, and is, on a basis of reciprocity, available to a national of Albania, Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Outer Mongolia (Mongolian People's Republic), People's Republic of China, Poland, Romania, or the Union of Soviet Socialist Republics resident in one of said countries, only if he is transiting the United States by aircraft of a transportation line signatory to an agreement with the service on Form I-426 on a direct through flight which will depart directly to a foreign place from the port of arrival.

(2) Foreign government officials in transit. If an alien is of the class described in section 212(d) (8) of the Act only a valid unexpired visa and a travel document valid for entry into a foreign country for at least 30 days from the date of admission to the United States are required.

NOTE: (e) suspended until July 1, 1973, 37 F.R. 28273.

(f) Unforeseen emergency. A visa and a passport are not required of a nonimmigrant who, either prior to his embarkation at a foreign port or place or at the time of arrival at a port of entry in the United States, satisfies the district director at the port of entry (after consultation with and concurrence by the Director of the Visa Office of the Department of State) that, because of an unforeseen emergency, he was unable to obtain the required documents, in which case a waiver application shall be made on Form I-193. The district director or the Assistant Commissioner, Examinations, may at any time revoke a waiver previously authorized pursuant to this paragraph and notify the nonimmigrant in writing to that effect. Any waiver of the visa requirement heretofore or hereafter granted pursuant to section 212(d) (4) (A) of the Act in the case of a national or resident of Cuba who embarks for the United States on or after November 16, 1963, shall not be valid unless such national or resident proceeds directly from Cuba to the United States and has been inspected in Cuba by offcials of the United States Immigration and Naturalization Service and of the United States Public Health Service immediately prior to his departure for the United States, irrespective of whether

such national or resident had prior notice of these conditions.

(g) Fiancees or fiances of U.S. citizens. Notwithstanding any of the provisions of this part, an alien seeking admission as a fiancee or fiance of a U.S. citizen pursuant to section 101(a) (15) (K) of the Act shall be in possession of a nonimmigrant visa issued by an American consular officer classifying the alien under that section.

(h) [Reserved]

(1) Officers authorized to act upon recommendations of United States consular officers for waiver of visa and passport requirements. All district directors, the officers in charge at Blaine, Wash.; Noyes, Minn.; Niagara Falls, N.Y.; Calexico, Calif.; San Diego Border Station, Calif.; San Diego, Calif.; Douglas, Ariz.; Naco, Ariz.; Nogales, Ariz.; San Luis, Ariz.; Brownsville, Tex.; Del Rio, Tex.; Eagle Pass, Tex.; Hidalgo, Tex.; Laredo, Tex., and Roma, Tex., and all officers in charge of Service offices outside the United States are authorized to act upon recommendations made by U.S. consular officers or by officers of the Visa Office, Department of State, pursuant to the provisions of 22 CFR 41.7 for waiver of visa and passport requirements under the provisions of section 212(d) (4) (A) of the Act. The District Director at Washington, D.C., has jurisdiction in such cases recommended to the Service at the seat of Government level by the Department of State. Neither an application nor fee are required if the concurrence in a passport or visa waiver is requested by a U.S. consular officer or by an officer of the Visa Office. The district director or the Deputy Associate Commissioner, Travel Control, may at any time revoke a waiver previously authorized pursuant to this paragraph and notify the nonimmigrant alien in writing to that effect.

(j) Cancellation of nonimmigrant visas by immigration officers. Upon receipt of advice from the Department of State that a nonimmigrant visa has been revoked or invalidated, and request by that Department for such action, immigration officers shall place an appropriate endorsement thereon.

[26 F.R. 12066, Dec. 16, 1961; 27 F.R. 2360, Mar. 13, 1962; 28 F.R. 11533, Oct. 30, 1963; 28 F.R. 12202, Nov. 16, 1963; 32 F.R. 3731, Mar. 4, 1967; 32 F.R. 7743, May 27, 1967; 32 F.R. 9625, July 4, 1967; 32 F.R. 10433, July 15, 1967; 33 F.R. 3370, Feb. 27, 1968; 34 F.R. 19799, Dec. 18, 1969; 35 F.R. 5958, Apr. 10, 1970; 37 F.R. 7697, Apr. 21, 1972; 37 F.R. 11052, June 2, 1972]

§ 212.2 Consent to reapply for admission after deportation, removal or departure at Government expense. (a) Alien applying to consular officer for nonimmigrant visa or nonresident border crossing card. Permission to reapply for admission to the United States after deportation or removal for an alien who is applying or will apply to a consular officer for a nonimmigrant visa or a nonresident border crossing card shall be requested through the consular officer and may be granted only in accordance with section 212(d) (3) (A) of the Act and § 212.4. However, the alien may apply for such permission on Form I-212 submitted to the consular officer, if the consular officer is willing to accept such application and if that officer, in forwarding Form I-212 for decision to the district director having jurisdiction over the place where the deportation or removal proceedings were held, recommends to the district director that the alien be permitted to apply on Form I-212.

(b) Applicant for nonimmigrant visa under section 101(a) (15) (K) of the Act. Notwithstanding the provisions of paragraph (a) of this section, an applicant for a nonimmigrant visa under section 101(a) (15) (K) of the Act who is the beneficiary of a valid visa petition approved by the Service to accord classification under that section shall apply for permission to reapply for admission to the United States after deportation or removal by submitting Form I-212 to the consular officer. The consular officer will forward the Form I-212 to the Service officer having jurisdiction over the area within which the consular officer is located. If the alien is ineligible on grounds which may be waived under section 212 (g), (h), or (i) of the Act upon the applicant's marriage to the U.S. citizen petitioner, the consular officer will also forward his recommendation whether the benefits of section 212(d) (3) (A) of the Act shall be accorded to authorize the applicant's temporary admission to the United States despite those grounds.

(c) Applicant for immigrant visa. An applicant for an immigrant visa applying for permission to reapply shall file Form I-212 with the district director having jurisdiction over the place where the deportation or removal proceedings were held, except that when Form I-212 is filed in conjunction with a request for a waiver under section 212 (g), (h), or (i)

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