DOCUMENTATION OF NATIONALS, CLAIMANT NATIONALS, AND FORMER NATIONALS & 41.3 Nationals, claimant nationals, and former nationals of the United States. (a) A national of the United States shall not be issued a visa or other documentation as an alien for entry into the United States. (b) A person whose case fulfills the conditions of section 360(b) of the Act and who continues to claim that he is a national of the United States may apply for a certificate of identity as provided in section 360 (b) of the Act. (c) A former national of the United States who seeks to enter the United States shall be required to comply with the documentary requirements applicable to aliens under the Act. PASSPORTS AND VISAS NOT REQUIRED FOR CERTAIN NONIMMIGRANTS & 41.5 Nonimmigrants exempted by law or treaty from the requirement of passports, visas, and border-crossing identification cards. The provisions of section 212(a) (26) of the Act relating to the requirement of passports, visas, and border-crossing identification cards for nonimmigrants do not apply in the cases of aliens who fall within any of the following described categories: (a) Alien member of United States Armed Forces. An alien member of the armed forces of the United States who (1) is in the uniform of, or who bears documents identifying him as a member of, such armed forces, (2) has not been lawfully admitted for permanent residence, and (3) is making application for admission to the United States under official orders or permit of such armed forces. (Sec. 284, 66 Stat. 232; 8 U.S.C. 1354.) (b) American Indians born in Canada. An American Indian born in Canada, having at least fifty per centum of blood of the American Indian race. (Sec. 289, 66 Stat. 234; 8 U.S.C. 1359.) (c) Aliens entering from Guam, Puerto Rico, or Virgin Islands. An alien who shall leave Guam, Puerto Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the United States. (Sec. 212, 66 Stat. 188; 8 U.S.C. 1182.) (d) Armed Services personnel entering under NATO Status of Forces Agreement. Personnel belonging to the land, sea or air armed services of a government which is a Party to the North Atlantic Treaty and which has ratified the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on June 19, 1951, and entering the United States under the provisions of Article III of such Agreement pursuant to an individual or collective movement order issued by an appropriate agency of the sending State or of the North Atlantic Treaty Organization. (TIAS 2846; 4 U.S.T. 1792) (Paragraph (d) amended, Dept. Reg. 108.433, 25 F.R. 4577, May 25, 1960) (e) Armed Services personnel attached to NATO Allied Headquarters in the United States. Personnel attached to an Allied Headquarters in the United States set up pursuant to the North Atlantic Treaty signed in Washington, D.C., on April 4, 1949, who belong to the land, sea or air armed services of a government which is a Party to the North Atlantic Treaty, and who are entering the United States in connection with their official duties under the provisions of the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty. (TIAS 2978; 5 U.S.T. 877.) (f) Aliens entering pursuant to International Boundary and Water Commission Treaty. All personnel employed either directly or indirectly on the construction, operation, or maintenance of works in the United States undertaken in accordance with the treaty concluded on February 3, 1944, between the United States and Mexico regarding the functions of the International Boundary and Water Commission, and entering the 'United States temporarily in connection with such employment. (59 Stat. 1252; TS 994.) & 41.6 Nonimmigrants not required to present passports, visas, or border crossing identification cards. The provisions of section 212(a) (26) of the Act relating to the requirements of valid passports and visas for nonimmigrants are waived by the Secretary of State and the Attorney General, acting jointly, in pursuance of the authority contained in section 212(d) (4) of the Act under the conditions specified for the can national who is a military or civilian following classes: official or employee of the Mexican na tional, state, or municipal government, (a) Canadian nationals, and aliens or of a member of the family of any such having a common nationality with na official or employee; or is in possession of tionals of Canada or with British sub a border-crossing card on Form I-186 jects in Bermuda. A visa shall not in and is applying for admission in accordany case be required of a Canadian na ance with the terms thereon and the protional, and a passport shall not be re | visions of $ 41.140 and 8 CFR 212.6. A quired of such a national except after a visit outside of the Western Hemi visa shall not be required of a Mexican sphere. A visa shall not be required of national who is a crewman employed on an alien having a common nationality an aircraft belonging to a Mexican comwith Canadian nationals or with British pany authorized to engage in commercial subjects in Bermuda, who has his resi- transportation into the United States; or dence in Canada or Bermuda, and a is proceeding to the United States as an passport shall not be required of such agricultural worker pursuant to Title V an alien except after a visit outside of of the Agr ltural Act of 1949, &S the Western Hemisphere. A British amended. subject who has his residence in the (d) Cuban nationals. A visa shall not Bahamas shall require a passport and be required of a Cuban national who is a visa for admission to the United States a crewman employed on an aircraft beexcept that a visa shall not be required longing to a Cuban company authorized of such an alien who, prior to or at the to engage in commercial transportation time of embarkation for the United into the United States. States on a vessel or aircraft, satisfies (Paragraph (d) amended; Dept. Reg. 108.479, the examining United States immigra 27 F.R. 2362, Mar. 13, 1962) tion officer at Nassau, Bahamas, that he is clearly and beyond a doubt entitled (e) Aliens in immediate transit-(1) to admission in all other respects. A Aliens in bonded transit. A visa and a visa shall not be required of a British passport shall not be required of an alien, subject who has his residence in, and other than an alien who is a citizen of Albania, arrives directly from, the Cayman Is Bulgaria, Communist-conlands and who presents a certificate trolled China (“Chinese People's Repubfrom the Clerk of Court of the Cayman lic"), Cuba, Czechoslovakia, Estonia, Islands stating what, if anything, the Hungary, Latvia, Lithuania, North KoCourt's criminal records show concern rea (“Democratic People's Republic of ing such subject, and a certificate from Korea”), North Viet-Nam (“Democratic the Office of Administrator of the Cay Republic of Viet-Nam”), Outer Mongolia man Islands stating what, if anything, (“Mongolian People's Republic"), Poits records show with respect to such land, Rumania, the Soviet Zone of Gersubject's political associations or affili many (“German Democratic Republic"), ations. or the Union of Soviet Socialist Repub lics, and resident of one of said countries, [Paragraph (a) amended; Dept. Reg. 108.479, 27 F.R. 2362, Mar. 13, 1962) who is being transported in immediate and continuous transit through the Prior Amendments United States in accordance with the 1960: 25 F.R. 3352, Apr. 19. terms of a contract, including a bonding agreement, entered into between the (b) British, French and Netherlands transportation line and the Attorney nationals. A visa shall not be required General under the provisions of section of a British, French or Netherlands na- 238(d) of the Act, to insure such immetional who has his residence in British, diate and continuous transit through, French or Netherlands territory, respec- and departure from, the United States tively, in the adjacent islands of the en route to a specifically designated forCaribbean area and who is proceeding to eign country. The acceptance of the Puerto Rico or the Virgin Islands of the privilege of transit without visa and United States or who is proceeding to passport provided by this subparagraph the United States as an agricultural shall constitute an agreement by the worker. alien and the transportation line that (c) Merican nationals. A visa and a the alien will depart voluntarily from passport siall not be required of a Mexi- the United States without recourse to a any hearing or proceeding provided for § 41.7 Waiver of visa and/or påssport in the regulations of the Immigration requirements by joint action of conand Naturalization Service and that at sular and immigration officers. all times he is not aboard an aircraft which is in flight through the United The provisions of section 212(a) (26) States he shall be in the custody di of the Act prescribing the documentary rected by the district director of that requirements for nonimmigrants may be Service: Provided, That if admissibility waived by joint action of consular ofis established only after exercise of the ficers abroad and immigration oficers discretionary authority contained in sec pursuant to the authority contained in tion 212(d) (3) (B) of the Act, the alien section 212(d) (4) of the Act in individual shall be in the custody of the Immigra cases of aliens who satisfy the consular tion and Naturalization Service at the officer serving the port or place of.emexpense of the transportation line and barkation, after consultation with and shall depart on the earliest and most concurrence by the appropriate imdirect foreign-destined vessel or aircraft. migration officer, that their cases come (Subparagraph (1) amended; Dept. Reg. within any of the following categories: 108.479, 27 FR. 2362, Mar. 13, 1962] (a) An alien having his residence in Prior Amendments foreign contiguous territory who does not qualify for the benefits of any waiver 1960: 25 F.R. 6432, July 8. provided in § 41.6, and who is a member 1961: 26 F.R. 645, Jan. 24. of a visiting group or excursion proceed(2) Foreign government officials in ing to the United States under circumtransit. If an alien is of the class de- stances which make the timely proscribed in section 212(d) (8) of the Act curement of passport and visa only a valid unexpired visa and a travel impracticable. document which is valid for entry into a foreign country for at least thirty days (b) Passport waiver; aliens for whom from the date of his application for ad- passport extension facilities are unavailmission into the United States shall be able. An alien whose passport is not required. valid for the period prescribed in section (f) Individual cases of unforeseen 212(a) (26) of the Act and who is ememergencies. A visa and a passport shall barking for the United States at a port not be required of a nonimmigrant who, or place remote from any foreign diplo matic or either prior to his embarkation at a for consular establishment at eign port or place or at the time of ar which the passport could be revalidated. rival at a port of entry in the United (c) Passport waiver; aliens precluded States, satisfies the district director of from obtaining passport extensions by the Immigration and Naturalization foreign government restrictions. An Service in charge of the port of entry, alien whose passport is not valid for the after consultation with and concurrence period prescribed in section 212(a) (26) by the Director of the Visa Office of the of the Act and whose government as & Department, that, because of an unfore- , matter of policy does not revalidate passseen emergency, he was unable to obtain ports more than six months in advance the required documents. of their expiration or until they actually expire. (g) Natives and residents of the Trust Territory of the Pacific Islands. A visa (d) Visa waiver; certain aliens pro ceeding to the United States under emerand a passport shall not be required of a native and resident of the Trust Terri gent circumstances. An alien who is well and favorably known at the consular tory of the Pacfic Islands who has proceeded in direct and continuous transit office, who has previously been issued a from the Trust Territory to the United nonimmigrant visa which has since exStates. pired, and who is embarking on a direct journey to the United States under (Paragraph (8) added: Dept. Reg. emergent circumstances which preclude 108.482, 27 F.R. 7635, Aug. 2, 1962] the timely issuance of a visa. sular office which has been individually authorized by the Department, because of unusual circumstances prevailing in that district, to join with immigration officers abroad in waivers of documentary requirements in specifically described categories of cases, and whose case falls within one of those categories. CODIFICATION: $ 41.7 was revised, Dept. Reg. 108.416, 24 F.R. 8548, Oct. 22, 1959, and subsequently amended as follows: 1. The introductory text to the section and paragraph (e) were amended and paragraph (g) was added, Dept. Reg. 108.441, 25 F.R. 7018, July 23, 1960. 2. Paragraphs (b) and (c) were amended, Dept. Reg. 108.433, 25 F.R. 4578, May 25, 1960. 3. Paragraphs (d) and (f) were amended, Dept. Reg. 108.422, 24 F.R. 11030, Dec. 31, 1959. (e) Visa and passport waiver; members of armed forces of foreign countries making friendly visits to the Unitea States. An alien who is on active duty as a member of the armed forces of a foreign country and who is a member of a group of such force which is making & friendly call in the United States, whether courtesy or operational and whether in behalf of his own government or in behalf of the United Nations, under advance arrangements made with the military, naval, or air force authorities of the United States, other than an alien who is a citizen or resident of Albania, Bulgaria, Communist-controlled China (“Chinese People's Republic"), Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, North Korea (“Democratic People's Republic of Korea"), North Viet-Nam (“Democratic Republic of Viet-Nam”), Poland, Rumania, the Soviet Zone of Germany (“German Democratic Republic"), or the Union of Soviet Socialist Republics. (f) Passport waiver; landed immi. grants in Canada. An alien applying for a visa at a consular office in Canada (1) who is a landed immigrant in Canada, (2) whose port and date of expected arrival in the United States are known, and (3) who is proceeding to the United States under emergent circumstances which preclude the timely procurement of a passport or Canadian certificate of identity. (g) Visa and/or passport waiver; authorization to individual consular offices. An alien within the district of a con of CLASSIFICATION OF NONIMMIGRANTS & 41.10 Presumption immigrant status and burden of proof. An applicant for a nonimmigrant visa shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer that he is entitled to a nonimmigrant status described in section 101(a) (15) of the Act or otherwise established by law or treaty. The burden of proof is upon the applicant to establish that he is entitled to the nonimmigrant classification and type of nonimmigrant visa for which he is an applicant. (Secs. 214, 291, 66 Stat. 189, 234; 8 U.S.C. 1184, 1361) (Dept. Reg. 108.422, 24 F.R. 11080, Dec. 31, 1959) § 41.12 Classification symbols. A visa issued to a nonimmigrant alien within one of the classes described in this section shall bear an appropriate symbol to be inserted by the consular officer in the space provided in the visa stamp to show the classification of the alien. The following symbols shall be used: Class Citation Symbol to be inserted in visa A-1 A-2 A-3 B-1 B-2 C-1 C-2 C-3 D E-1 E-2 F-1 Ambassador, public minister, career diplomatic or consular officer, and 101 (a) (15)(A) (i).. members of immediate family. 66 Stat. 167. Other foreign-government official or employee, and members of immedi. 101 (a) (15)(A) (ii). ate family. 66 Stat. 167. Attendant, servant, or personal employee of A-1 and A-2 classes, and mem- 101(a)(15)(A)(iii). bers of immediate family. 66 Stat. 167. Temporary visitor for business. 101(a)(15)(B). 66 Stat. 167. Temporary visitor for pleasure.. 101(a)(15)(B). 66 Stat. 167. Alien in transit... 101(a)(15)(C). 66 Stat. 167. Alien in transit to United Nations Headquarters District under § 11 (3), 101(a) (15)(C). (1), or (5) of the Headquarters Agreement. 66 Stat. 167. Foreign-government official, members of immediate family, attendant, 212(d)(8).. servant, or personal ems loyee, in transit. 66 Stat. 188. Crewman (seaman or airman).. 101(a)(15) (D) 66 Stat. 167. Treaty trader, spouse and children... 101(a)(15) (E) (i). 66 Stat. 168. Treaty investor, spouse and children.. 101(a)(15)(E)(ii). 66 Stat. 168. Student... 101(a)(15)(F)(1). 66 Stat. 168. 75 Stat. 527. Spouse or child of student... 101(a)(15)(F)(11). 75 Stat. 527 Principal resident representative of recognized foreign member govern- | 101(a)(15) (G)(i). ment to international organization, his staff, and members of immediate 66 Stat. 168. family. 66 Stat. 168. Representative of nonrecognized or non member foreign government to 101 (a)(15) (G)(iii). international organization, and members of immediate family. 66 Stat. 168. International organization officer or employee, and members of immediate 101 (a)(15) (G)(iv)..family. 66 Stat. 168. Attendant, servant, or personal employee of G-1, G-2, G-3 and G-4 101 (a)(15) (G)(v).... classes, and members of immediate family. 66 Stat. 168. Temporary worker of distinguished merit and ability.. 101 (a)(15)(H)(i). 66 Stat. 168. Temporary worker performing services unavailable in the United States.- 101 (a)(15)(H) (ii) 66 Stat. 168. Industrial trainee.. 101 (a)(15) (H)(iii).. 66 Stat. 168. Representative of foreign information media, spouse and children.. 101 (a) (15) (I). F-2 G-1 G 2 0-3 G-4 G-5 H-1 H-2 H-3 I 66 Stat. 168. Exchange visitor.. 101 (a)(15)(J). 66 Stat. 167. 75 Stat. 527. Spouse or child of exchange visitor.. 101 (a) (15) (J). 75 Stat. 527. J-1 J-2 |