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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:

(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.) (Dept. Reg. 108.411, 24 F.R. 6680, Aug. 18, 1959, as amended by Dept. Reg. 108.433, 25 F.R. 4577, May 25, 1960)

(a) Alien members 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.)

§ 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 following classes:

(a) Canadian nationals, and aliens having a common nationality with nationals of Canada or with British subjects in Bermuda. A visa shall not in any case be required of a Canadian national, and a passport shall not be required of such a national except after a visit outside of the Western Hemisphere. A visa shall not be required of an alien having a common nationality

with Canadian nationals or with British a Mexican national who is a crewman subjects in Bermuda, who has his resi- employed on an aircraft belonging to a dence in Canada or Bermuda, and a Mexican company authorized to engage passport shall not be required of such in commercial transportation into the an alien except after a visit outside of United States. the Western Hemisphere. A British (d) Natives and residents of the Trust subject who has his residence in the

Territory of the Pacific Islands. A visa Bahamas shall require a passport and and a passport shall not be required of a a visa for admission to the United States

native and resident of the Trust Terriexcept that a visa shall not be required tory to the Pacific Islands who has proof such an alien who, prior to or at the ceeded in direct and continuous transit time of embarkation for the United

from the Trust Territory to the United States on a vessel or aircraft, satisfies States. the examining United States immigra- (e) Aliens in immediate transit-(1) tion officer at Nassau, Bahamas, that he

Aliens in bonded transit. A visa and a is clearly and beyond a doubt entitled

passport shall not be required of an to admission in all other respects. A

alien, other than an alien who is a citivisa shall not be required of a British

zen of Albania, Bulgaria, Communistsubject who has his residence in, and

controlled China (“Chinese People's Rearrives directly from, the Cayman Is

public”), Cuba, Czechoslovakia, Estonia, lands and who presents a certificate

Hungary, Latvia, Lithuania, North Kofrom the Clerk of Court of the Cayman

rea (“Democratic People's Republic of Islands stating what, if anything, the

Korea"), North Viet-Nam (“Democratic Court's criminal records show concern

Republic of Viet-Nam”), Outer Mongolia ing such subject, and a certificate from

(“Mongolian People's Republic”), Pothe Office of Administrator of the Cay

land, Rumania, the Soviet Zone of German Islands stating what, if anything,

many (“German Democratic Republic"), its records show with respect to such

or the Union of Soviet Socialist Repubsubject's political associations or affili

lics, and resident of one of said countries, ations.

who is being transported in immediate (b) British, French, and Netherlands and continuous transit through the nationals, and nationals of certain ad- United States in accordance with the jacent islands of the Caribbean which terms of a contract, including a bonding are independent countries. A visa shall agreement, entered into between the not be required of a British, French, or transportation line and the Attorney Netherlands national, or of a national General under the provisions of section of Jamaica or Trinidad and Tobago, who

238 (d) of the Act, to insure such imhas his residence in British, French, or mediate and continuous transit through, Netherlands territory located in the ad- and departure from, the United States jacent islands of the Caribbean area, or en route to a specifically designated forin Jamaica or Trinidad and Tobago, and eign country. The acceptance of the who is proceeding to Puerto Rico or the privilege of transit without visa and Virgin Islands of the United States, or passport provided by this subparagraph who is proceeding to the United States

shall constitute an agreement by the as an agricultural worker.

alien and the transportation line that (c) Mexican nationals. A visa and a

the alien will depart voluntarily from the passport shall not be required of a Mexi

United States without recourse to any can national who is military or civilian

hearing or proceeding provided for in official or employee of the Mexican na

the regulations of the Immigration and tional, state, or municipal government, Naturalization Service and that at all or of a member of the family of any such times he is not aboard an aircraft which official or employee; or is in possession of is in flight through the United States a border-crossing card on Form I-186 he shall be in the custody directed by and is applying for admission in accord- the district director of that Service: ance with the provisions of 8 CFR 212.6; Provided, That if admissibility is estabor is entering solely for the purpose of lished only after exercise of the discreapplying for a Mexican passport or other tionary authority contained in section official Mexican document at a Mexican 212(d) (3) (B) of the Act, the alien shall consular office on the U.S. side of the be in the custody of the Immigration and border. A visa shall not be required of Naturalization Service at the expense of the transportation line and shall depart Dept. Reg. 108.501, 28 F.R. 12217, Nov. 16, on the earliest and most direct foreign- 1963; Dept. Reg. 108.511, 29 F.R. 12587, Sept. destined vessel or aircraft.

4, 1964; Dept. Reg. 108.521, 30 F.R. 10188, (2) Foreign government officials in

Aug. 17, 1965 ; Dept. Reg. 108.526, 30 F.R. transit. If an alien is of the class de- 14782, Nov. 30, 1965)

in only a valid unexpired visa and a travel

8 41.7 Waiver of visa and/or passport document which is valid for entry into requirements by joint action of cona foreign country for at least 30 days

sular and immigration officers. from the date of his application for ad- The provisions of section 212(a) (26) mission into the United States shall be of the Act prescribing the documentary required.

requirements for nonimmigrants may be (f) Individual cases of unforeseen waived by joint action of consular ofemergencies. A visa and a passport shall

ficers abroad and immigration officers not be required of a nonimmigrant who,

pursuant to the authority contained in either prior to his embarkation at a for

section 212(d) (4) of the Act in individual eign port or place or at the time of ar

cases of aliens who satisfy the consular rival at a port of entry in the United

officer serving the port or place of emStates, satisfies the district director of barkation, after consultation with and the Immigration and Naturalization concurrence by the appropriate imService in charge of the port of entry,

migration officer, that their cases come after consultation with and concurrence

within any of the following categories: by the Director of the Visa Office of the

(a) An alien having his residence in Department, that, because of an unfore- foreign contiguous territory who does not seen emergency, he was unable to obtain qualify for the benefits of any waiver the required documents. Any waiver of provided in § 41.6, and who is a member the visa requirement heretofore or here

of a visiting group or excursion proceedafter granted pursuant to section 212(d)

ing to the United States under circum(4) (A) of the Act in the case of a na

stances which make the timely protional or resident of Cuba who embarks curement of a passport and visa for the United States on or after Novem- impracticable. ber 16, 1963, shall not be valid unless such (b) Passport waiver; aliens for whom national or resident proceeds directly

passport extension facilities are unavailfrom Cuba to the United States and has

able. An alien whose passport is not been inspected in Cuba by officials of the valid for the period prescribed in section United States Immigration and Natural

212(a) (26) of the Act and who is emization Service and of the United States

barking for the United States at a port Public Health Service immediately prior

or place remote from any foreign diploto his departure for the United States,

matic or consular establishment at irrespective of whether such national or

which the passport could be revalidated. resident had prior notice of these

(c) Passport waiver; aliens precluded conditions.

from obtaining passport extensions by

foreign (Dept. Reg. 108.411, 24 F.R. 6680, Aug. 18,

government restrictions. An 1959, as amended by Dept. Reg. 108.479,

alien whose passport is not valid for the 27 F.R. 2362, Mar. 13, 1962; Dept. Reg. 108.482,

period prescribed in section 212(a) (26) 27 F.R. 7635, Aug. 2, 1962; Dept. Regs. 108.499

of the Act and whose government as a and 108.500, 28 F.R. 11535, Oct. 30, 1963; matter of policy does not revalidate passports more than six months in advance procurement of a passport or Canadian of their expiration or until they actually certificate of identity. expire.

(g) Visa and/or passport waiver; au(d) Visa waiver; certain aliens pro- thorization to individual consular offices. ceeding to the United States under emer- An alien within the district of a congent circumstances. An alien who is sular office which has been individually well and favorably known at the consular

authorized by the Department, because office, who has previously been issued a of unusual circumstances prevailing in nonimmigrant visa which has since ex- that district, to join with immigration pired, and who is embarking on a direct officers abroad in waivers of documentary journey to the United States under requirements in specifically described emergent circumstances which preclude categories of cases, and whose case falls the timely issuance of a visa.

within one of those categories. (e) Visa and passport waiver; mem

(Dept. Reg. 108.416, 24 F.R. 8548, Oct 22, 1959, bers of armed forces of foreign countries as amended by Dept. Reg. 108.422, 24 F.R. making friendly visits to the United 11030, Dec. 31, 1959; Dept. Reg. 108.433, 25 States. An alien who is on active duty

F.R. 4578, May 25, 1960; Dept. Reg. 108.441, as a member of the armed forces of a

25 F.R. 7018, July 23, 1960; Dept. Reg. 108.494,

28 F.R. 5258, May 28, 1963) foreign country and who is a member of a group of such force which is making a friendly call in the United States,

CLASSIFICATION OF NONIMMIGRANTS whether courtesy or operational and § 41.10 Presumption of immigrant whether in behalf of his own government

status and burden of proof. or in behalf of the United Nations, un

An applicant for a nonimmigrant visa der advance arrangements made with the

shall be presumed to be an immigrant military, naval, or air force authorities

until he establishes to the satisfaction of the United States, other than an alien

of the consular officer that he is enwho is a citizen or resident of Albania,

titled to a nonimmigrant status deBulgaria, Communist-controlled China

scribed in section 101(a) (15) of the Act (“Chinese People's Republic"), Cuba,

or otherwise established by law or Czechoslovakia, Estonia, Hungary, Lat- treaty. The burden of proof is upon the via, Lithuania, North Korea (“Demo

applicant to establish that he is entitled cratic People's Republic of Korea"),

to the nonimmigrant classification and North Viet-Nam ("Democratic Republic

type of nonimmigrant visa for which he of Viet-Nam”), Outer Mongolia (“Mon- is an applicant. golian People's Republic"), Poland, Ru

(Secs. 214, 291, 66 Stat. 189, 234; 8 US.C. 1184, mania, the Soviet Zone of Germany

1361) (Dept. Reg. 108.422, 24 F.R. 11080, Dec. (“German Democratic Republic”), or the 31, 1959) Union of Soviet Socialist Republics.

§ 41.12 Classification symbols. (f) Passport waiver; landed immigrants in Canada. An alien applying A visa issued to a nonimmigrant alien for a visa at a consular office in Canada within one of the classes described in (1) who is a landed immigrant in Can- this section shall bear an appropriate ada, (2) whose port and date of ex- symbol to be inserted by the consular pected arrival in the United States are officer in the space provided in the visa known, and (3) who is proceeding to stamp to show the classification of the the United States under emergent cir- alien. The following symbols shall be cumstances which preclude the timely

used:

Class

Citation

Symbol to be inserted in

visa

A-1

A-2

A-3

B-1

B-2

B-1 and

B-2 C-1

C-2

C-3

D

E-1

E-2

F-1

F-2

Ambassador, public minister, career diplomatic or consular officer, and 101(a)(15)(A)(i). members of immediate family.

66 Stat. 167. Other foreign-govenment official or employee, and members of immediate 101(a)(15)(A)(ii).. 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. Temporary visitor for business and 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). (4), or (5) or the Headquarters Agreement.

66 Stat. 167. Foreign government official, members of immediate family, attendant, 212(d) (8) servant, or personal employee, 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)(i)

66 Stat. 168.

75 Stat. 527. Spouse or child of student.

101(a) (15) (F)(ii).

75 Stat. 527. Principal resident representative of recognized foreign member government 101(a)(15) (G)(i).

to international organization, his staff, and members of immediate family. 66 Stat. 168. Other representative of recognized foreign member government to inter- 101(a)(15) (G)(ii). national organization, and members of immediate family.

66 Stat. 168. Representative of nonrecognized or nonmember 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)

G-1

G-2

G-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. Principal permanent representative of Member State to NATO (includ- Art. 12, 5 UST 1094 ing any of its subsidiary bodies) resident in the United States and resi- Art. 20, 5 UST 1098. dent members of his official staff; Secretary General, Deputy Secretary General, Assistant Secretaries General and Executive Secretary of NATO; other permanent NATO officials of similar rank; and members of immediate family.

J-1

J-2

NATO-1

Continued

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