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INTERNATIONAL ORGANIZATION ALIENS § 41.50 Aliens coming to international

organizations. (a) An alien shall be classifiable under the provisions of section 101(a) (15) (G) of the Act if he establishes to the satisfaction of the consular officer that he is within one of the classes described in that section and that he seeks to enter, or pass in transit through, the United States in pursuance of his official duties. Such alien who seeks to enter, or pass in transit through, the United States other than in pursuance of his official duties shall not be classified under section 101(a) (15) (G) of the Act.

(b) An alien who applies for a visa as a nonimmigrant under the provisions of section 101(a) (15) (G) of the Act shall not be refused such visa solely on the grounds that he is not a national of the country whose government he represents.

(c) An alien who seeks to enter the United States as a foreign government representative to an international organization and who, at the same time, is proceeding to the United States on official business as a foreign government official within the meaning of section 101(a) (15) (A) of the Act, shall, if otherwise qualified, be issued a visa as a non-immigrant under the provisions of section 101(a) (15) (A) of the Act.

(d) An alien not classifiable under section 101(a) (15) (A) of the Act who is entitled to classification under section 101(a) (15) (G) of the Act shall be classified under this section although he may also be eligible for another nonimmigrant classification. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) (Dept. Reg. 108, 411, 24 F.R. 6683, Aug. 18, 1959)

a petition, the consular officer shall grant the nonimmigrant status indicated in the petition. The approval of a petition shall not, of itself, establish that the alien is a bona fide nonimmigrant or that he is otherwise eligible to receive a nonimmigrant visa.

(b) If a consular officer knows or has reason to believe that an alien applying for a visa under section 101(a) (15) (H) of the Act is not qualified to perform the services, or to undertake the training, specified in the employer's petition approved by the Attorney General he shall suspend action on the alien's application and submit a report to the Department in order that the matter may be brought to the attention of the Immigration and Naturalization Service for whatever action appears to be warranted.

(c) The term "industrial trainee”, as used in section 101 (a) (15) (H) (iii) of the Act, means a nonimmigrant alien who seeks to enter the United States at the invitation of an individual, organization, firm, or other trainer for the purpose of receiving instruction in any field of endeavor, including agriculture, commerce, communication, finance, government, transportation, and the professions as well as in a purely industrial establishment. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) (Dept. Reg. 108.411, 24 F.R. 6683, Aug. 18, 1959; 24 F.R. 6943, Aug. 27, 1959)

CROSS REFERENCE: For provisions relating to the ineligibility of former exchange visitors to receive visas under section 101(a) (15) (H) of the Act, see § 41.91(d).

INFORMATION MEDIA REPRESENTATIVES § 41.60 Representatives of foreign

press, radio, film, or other informa

tion media. (a) An alien shall be classifiable as a nonimmigrant information media representative if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101(a) (15) (I) of the Act and that he is a bona fide representative of a foreign press, radio, film, or other information medium having its home office in a foreign country, the government of which grants upon a basis of reciprocity similar privileges to representatives of such a medium having home offices in the United States.

(b) An alien who will be engaged in the United States in newsgathering activities between the United States and

TEMPORARY WORKERS AND TRAINEES § 41.55 Temporary workers and indus

trial trainees. (a) An alien shall be classifiable as a nonimmigrant temporary worker or industrial trainee if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101 (a) (15) (H) of the Act and if the consular officer shall have received from the Immigration and Naturalization Service a petition filed by the alien's prospective employer and approved in accordance with the provisions of section 214(c) of the Act. Upon receipt of, and within the validity period of, such

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the country of which he is a national shall, if otherwise qualified, be classified as a nonimmigrant under the provisions of section 101(a) (15) (I) of the Act, notwithstanding the fact that such alien may also be classifiable as a nonimmigrant under the provisions of section 101 (a) (15) (E) of the Act. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) (Dept. Reg. 108.411, 24 F.R. 6684, Aug. 18, 1959)

EXCHANGE VISITORS § 41.65 Exchange visitors.

An alien shall be classifiable as an exchange visitor if he qualifies under the provisions of section 101(a) (15) (J) of the Act and establishes to the satisfaction of the consular officer that:

(a) He has been accepted to participate, and intends to participate, in an exchange-visitor program designated by the Department as evidenced by the presentation of a properly executed Form DSP-66 (Certificate of Eligibility for Exchange Visitor Status);

(b) He has sufficient funds to cover his expenses or other arrangements have been made to provide for his expenses;

(c) He has sufficient knowledge of the English language to enable him to undertake the program for which he has been selected or the organization sponsoring him is aware of his deficiency in this respect and has indicated its willingness to accept him regardless of that deficiency; or that

(d) He is the spouse or minor child of such an exchange-visitor program participant. (Dept. Reg. 108.504, 29 F.R. 2782, Feb. 28, 1964]

NATO ALIENS § 41.70 NATO representatives, officials

and employees. (a) (1) An alien shall be classifiable under the symbol NATO-1, NATO-2, NATO-3, NATO-4, or NATO-5 (see

41.12 for classes of aliens entitled to classification under each symbol) if he establishes to the satisfaction of the consular officer that he is seeking admission to the United States under the applicable provision of the Agreement on the Status of the North Atlantic Treaty Organization, National Representatives and International Staff, or that he is a member of the immediate family of }

an alien classified under the symbol CROSS REFERENCES: 1. For exemption from NATO-1, NATO-2, NATO-3, NATO-4, or

certain grounds for refusal of visas to NATO NATO-5.

aliens, see § 41.91(e).

2. For exemption from passport validity (2) Armed services personnel entering

requirement for certain NATO aliens, see the United States in accordance with the

§ 41.91(f). provisions of the NATO Status-of-Forces Agreement or in accordance with the

INELIGIBLE CLASSES OF NONIMMIGRANTS provisions of the Protocol on the Status $ 41.90 Basis for refusal. of International Military Headquarters

A visa shall be refused only upon a may enter the United States under the appropriate treaty waiver of documen

ground specifically set out in the law or

regulations issued tary requirements contained in § 41.5

thereunder. The

term "reason to believe”, as used in sec(d) or (e), but if issued visas shall be classifiable under the symbol NATO-2.

tion 221(g) of the Act, shall be consid(3) Dependents of armed services per

ered to require a determination based sonnel referred to an paragraph (a) (2)

upon facts or circumstances which would shall be classifiable under the symbol

lead a reasonable person to conclude NATO-2.

that the applicant is ineligible to receive (b) An alien member of a civilian

a nonimmigrant visa as provided in the component accompanying a force enter

Act and as implemented by the regulaing in accordance with the provisions of

tions contained in this part. Considerathe NATO Status-of-Forces Agreement,

tion shall be given to any evidence suband his dependents, or an alien member

mitted indicating that the ground for a of a civilian component attached to or

prior refusal of a nonimmigrant visa employed by an Allied Headquarters

may no longer exist. The burden of under the Protocol on the Status of

proof is upon the applicant to establish International Military Headquarters set

that he is not ineligible to receive a visa up pursuant to the North Atlantic

as a nonimmigrant under the provisions Treaty, and his dependents, shall be

of section 212 of the Act, or any other classifiable under the symbol NATO-6.

provision of law and § 41.91. (c) An alien attendant, servant, or

(Sec. 221(g), 66 Stat. 192; 8 U.S.C. 1201(g)) personal employee of an alien classified

[Dept. Reg. 108.422, 24 F.R. 11081, Dec. 31, under the symbol NATO-1, NATO-2,

1959) NATO-3, NATO-4, NATO-5, or NATO-6,

$ 41.91

Aliens ineligible to receive visas. and the members of the immediate fam- (a) Aliens ineligible under the proviily of such attendant, servant, or per- sions of section 212(a) of the Act. Desonal employee, shall be classifiable un

terminations relating to the ineligibility der the symbol NATO–7.

of aliens to receive nonimmigrant visas (5 U.S.C. 877, 1094) (Dept. Reg. 108.433, 25

under section 212(a) of the Act shall be F.R. 4579, May 25, 1960]

governed by the following provisions:

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(1-6) Medical grounds of ineligibility. provisions of section 212(a) (9) of the A finding of a medical examiner of the Act although the crimes were committed United States Public Health Service, a while the alien was under the age of contract location physician, or of a panel eighteen years. physician designated by the Foreign (iii) An alien shall not be ineligible Service establishment in whose jurisdic- to receive a visa under section 212(a) (9) tion the examination is performed, with of the Act by reason of having been respect to the applicability of section tried and treated as a juvenile by a 212(a) (1) through (6) of the Act juvenile court for the commission of an shall be binding on the consular officer, offense involving moral turpitude proexcept that the consular officer may re- vided the alien was under the age of fer for review to the appropriate office eighteen years at the time the offense of the United States Public Health Sery- was committed. An alien convicted as ice the finding of a contract location or an adult of a crime involving moral panel physician in an individual case. turpitude shall be subject to the proviIn such case he may hold in abeyance sions of section 212(a) (9) of the Act his decision on the visa application pend- regardless of whether juvenile courts ing the receipt of the review finding of existed within the jurisdiction at the the Public Health Service.

time of the conviction and regardless of (7) Physical defect affecting alien's whether he was under the age of eighteen ability to earn a living. An alien within years at the time the offense was comthe purview of section 212(a) (7) of the mitted. Act may be issued a nonimmigrant visa, (iv) A conviction in absentia of a if otherwise qualified therefor, upon re- crime involving moral turpitude shall ceipt by the consular officer of notice not constitute a conviction within the from the Immigration and Naturaliza- meaning of section 212(a) (9) of the Act. tion Service of the giving of a bond or (v) An alien shall not be considered undertaking as provided in section 221 ineligible to receive a visa under section (g) of the Act, if the consular officer is 212 (a) (9) of the Act by reason of a consatisfied that the giving of such bond or viction of a crime involving moral turpiundertaking removes the likelihood that tude for which a full and unconditional the alien might become a public charge pardon has been granted by the Presiwithin the meaning of section 212(a) (15) dent of the United States, by the Goverof the Act.

nor of a State of the United States, by (8) Paupers, professional beggars, or

the former High Commissioner for Gervagrants. The provisions of section 212 many acting pursuant to Executive (a) (8) shall be applicable only in the

Order 10062, or by the United States case of an alien who is at the time

Ambassador to the Federal Republic of of visa application a pauper, professional

Germany acting pursuant to Executive beggar, or vagrant.

Order 10608. A legislative pardon or a (9) Crime involving moral turpitude.

pardon, amnesty, expungement of penal (i) A determination that a crime in

record or any other act of clemency volves moral turpitude shall be based

granted by a foreign state shall not upon the moral standards generally pre

serve to remove a ground of ineligibility vailing in the United States. Before a

under section 212(a) (9) of the Act. finding of ineligibility under section 212

(vi) The term “purely political of(a) (9) of the Act may be made because

fense" as used in section 212(a) (9) of the of an admission of the commission of

Act shall include offenses which resulted acts which constitute the essential ele

convictions obviously based on ments of a crime involving moral tur

trumped-up charges or predicated upon pitude, it must first be established that repressive measures against racial, rethe acts constitute a crime under the ligious or political minorities. criminal law of the jurisdiction where

(10) Conviction of two or more ofthey occurred.

fenses. (i) An alien shall not be in(ii) An alien who has been convicted eligible to receive a visa under section of a crime involving moral turpitude or

212(a) (10) of the Act by reason of havwho admits the commission of acts which ing been tried and treated as a juvenile constitute the essential elements of such by a juvenile court for the commission a crime and who has committed an addi- of two or more offenses regardless of the tional crime involving moral turpitude is

period of confinement imposed by the ineligible to receive a visa under the sentence provided the alien was under

in

the age of eighteen years at the time the prostitution must be based on elements offenses were committed. An alien con- of continuity and regularity which would victed as an adult of two or more offenses indicate a pattern of behavior or delibfor which the aggregate sentences to con- erate course of conduct entered into prifinement actually imposed were five marily for financial gain or for other years or more shall be subject to the considerations of material value as disprovisions of section 212(a) (10) of the tinguished from the commission of Act regardless of whether juvenile courts casual or isolated acts. existed within the jurisdiction at the time (ii) The fact that an alien may have of conviction and regardless of whether ceased to engage in prostitution shall not he was under the age of eighteen years serve to remove the existing ground of at the time the offenses were committed. ineligibility to receive a visa under the

(ii) A conviction or convictions in ab- provisions of section 212(a) (12) of the sentia of two or more offenses for which Act. the aggregate sentences to confinement (iii) A prostitute or a person who has imposed were five years or more shall engaged in prostitution shall be ineligible not constitute a conviction within the to receive a visa under section 212(a) (12) meaning of section 212(a) (10) of the Act. of the Act notwithstanding the fact that

(iii) An alien shall not be considered prostitution may not be prohibited under ineligible to receive a visa under section the laws of the foreign country where 212(a) (10) of the Act by reason of hav- the acts occurred. ing been convicted of two or more of- (13) Immoral sexual act. An alien fenses for which the aggregate sentences shall not be ineligible to receive a visa to confinement actually imposed were under section 212(a) (13) of the Act unfive years or more if a full and uncon- less his primary purpose in coming to ditional pardon or pardons for the the United States is to engage in an offenses have been granted by the Presi- immoral sexual act. dent of the United States, by the Gov- (14) Aliens entering to perform skilled ernor of a State of the United States, or unskilled labor. (Section 212(a) (14) by the former High Commissioner for of the Act inapplicable). Germany acting pursuant to Executive (15) Public charge. (i) Any concluOrder 10062, or by the United States sion that an alien is ineligible to receive Ambassador to the Federal Republic of a nonimmigrant visa under the proviGermany acting pursuant to Executive sions of section 212(a) (15) of the Act Order 10608. A legislative pardon or a shall be predicated upon circumstances pardon, amnesty, expungement of penal which indicate that the alien will probrecord or any other act of clemency ably become a charge upon the public granted by a foreign state shall not serve after entry into the United States. to remove a ground of ineligibility under (ii) An alien within the purview of section 212(a) (10) of the Act.

section 212(a) (15) of the Act may be (iv) The term “purely political of- issued a nonimmigrant visa upon receipt fense” as used in section 212(a) (10) of of notice by the consular officer of the the Act shall include offenses which re- giving of a bond or undertaking, as prosulted in convictions obviously based on vided in section 221(g) of the Act, if the trumped-up charges or predicated upon consular officer is satisfied that the givrepressive measures against racial, re- ing of such bond or undertaking removes ligious or political minorities.

the alien's ineligibility to receive a visa (v) A sentence to confinement which under this section of the law. has been suspended by a court of com

(16) Aliens excluded and deported. petent jurisdiction is not one which has An alien who was excluded and deported been “actually imposed” within the from the United States within the meanmeaning of section 212(a) (10) of the ing of section 212(a) (16) of the Act shall Act.

not be issued a visa within one year from (11) Polygamy. (Section 212(a) (11) the date of his deportation unless he has of the Act inapplicable; Section 212 obtained permission from the Immigra(d) (1)).

tion and Naturalization Service to re(12) Prostitution, procuring and re- apply for admission. lated activities. (i) The term "prosti- (17) Aliens arrested and deported or tute" means a woman given to promis- removed from the United States. An cuous sexual intercourse for hire. A alien who was arrested and deported finding that an alien has “engaged” in from the United States, or who was re

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