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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]

TEMPORARY WORKERS AND TRAINEES

§ 41.55 Temporary workers and industrial 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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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.

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(c) The term "industrial trainee", as used in section 101(a) (15) (H) (iii) 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 information 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

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]

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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 NATO-1, NATO-2, NATO-3, NATO-4, or NATO-5.

(2) Armed services personnel entering the United States in accordance with the provisions of the NATO Status-of-Forces Agreement or in accordance with the provisions of the Protocol on the Status of International Military Headquarters may enter the United States under the appropriate treaty waiver of documentary requirements contained in § 41.5 (d) or (e), but if issued visas shall be classifiable under the symbol NATO-2.

(3) Dependents of armed services personnel referred to an paragraph (a) (2) shall be classifiable under the symbol NATO-2.

(b) An alien member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, and his dependents, or an alien member of a civilian component attached to or employed by an Allied Headquarters under the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, and his dependents, shall be classifiable under the symbol NATO-6. (c) An alien attendant, servant, or personal employee of an alien classified under the symbol NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6, and the members of the immediate family of such attendant, servant, or personal employee, shall be classifiable under the symbol NATO-7.

(5 U.S.C. 877, 1094) [Dept. Reg. 108.433, 25 F.R. 4579, May 25, 1960]

CROSS REFERENCES: 1. For exemption from certain grounds for refusal of visas to NATO aliens, see § 41.91(e).

2. For exemption from passport validity requirement for certain NATO aliens, see § 41.91(f).

INELIGIBLE CLASSES OF NONIMMIGRANTS

§ 41.90 Basis for refusal.

A visa shall be refused only upon a ground specifically set out in the law or regulations issued thereunder. The term "reason to believe", as used in section 221(g) of the Act, shall be considered to require a determination based upon facts or circumstances which would lead a reasonable person to conclude that the applicant is ineligible to receive a nonimmigrant visa as provided in the Act and as implemented by the regulations contained in this part. Consideration shall be given to any evidence submitted indicating that the ground for a prior refusal of a nonimmigrant visa may no longer exist. The burden of proof is upon the applicant to establish that he is not ineligible to receive a visa as a nonimmigrant under the provisions of section 212 of the Act, or any other provision of law and § 41.91.

(Sec. 221(g), 66 Stat. 192; 8 U.S.C. 1201 (g)) [Dept. Reg. 108.422, 24 F.R. 11081, Dec. 31, 1959]

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(1-6) Medical grounds of ineligibility. A finding of a medical examiner of the United States Public Health Service, a contract location physician, or of a panel physician designated by the Foreign Service establishment in whose jurisdiction the examination is performed, with respect to the applicability of section 212(a) (1) through (6) of the Act shall be binding on the consular officer, except that the consular officer may refer for review to the appropriate office of the United States Public Health Service the finding of a contract location or panel physician in an individual case. In such case he may hold in abeyance his decision on the visa application pending the receipt of the review finding of the Public Health Service.

(7) Physical defect affecting alien's ability to earn a living. An alien within the purview of section 212(a) (7) of the Act may be issued a nonimmigrant visa, if otherwise qualified therefor, upon receipt by the consular officer of notice from the Immigration and Naturalization Service of the giving of a bond or undertaking as provided in section 221 (g) of the Act, if the consular officer is satisfied that the giving of such bond or undertaking removes the likelihood that the alien might become a public charge within the meaning of section 212(a) (15) of the Act.

(8) Paupers, professional beggars, or vagrants. The provisions of section 212 (a) (8) shall be applicable only in the case of an alien who is at the time of visa application a pauper, professional beggar, or vagrant.

(9) Crime involving moral turpitude. (i) A determination that a crime involves moral turpitude shall be based upon the moral standards generally prevailing in the United States. Before a finding of ineligibility under section 212 (a) (9) of the Act may be made because of an admission of the commission of acts which constitute the essential elements of a crime involving moral turpitude, it must first be established that the acts constitute a crime under the criminal law of the jurisdiction where they occurred.

(ii) An alien who has been convicted of a crime involving moral turpitude or who admits the commission of acts which constitute the essential elements of such a crime and who has committed an additional crime involving moral turpitude is ineligible to receive a visa under the

provisions of section 212(a)(9) of the Act although the crimes were committed while the alien was under the age of eighteen years.

(iii) An alien shall not be ineligible to receive a visa under section 212(a) (9) of the Act by reason of having been tried and treated as a juvenile by a juvenile court for the commission of an offense involving moral turpitude provided the alien was under the age of eighteen years at the time the offense was committed. An alien convicted as an adult of a crime involving moral turpitude shall be subject to the provisions of section 212(a) (9) of the Act regardless of whether juvenile courts existed within the jurisdiction at the time of the conviction and regardless of whether he was under the age of eighteen years at the time the offense was committed.

(iv) A conviction in absentia of a crime involving moral turpitude shall not constitute a conviction within the meaning of section 212(a) (9) of the Act.

(v) An alien shall not be considered ineligible to receive a visa under section 212 (a) (9) of the Act by reason of a conviction of a crime involving moral turpitude for which a full and unconditional pardon has been granted by the President of the United States, by the Governor of a State of the United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order 10608. A legislative pardon or a pardon, amnesty, expungement of penal record or any other act of clemency granted by a foreign state shall not serve to remove a ground of ineligibility under section 212 (a) (9) of the Act.

(vi) The term "purely political offense" as used in section 212 (a) (9) of the Act shall include offenses which resulted in convictions obviously based on trumped-up charges or predicated upon repressive measures against racial, religious or political minorities.

(10) Conviction of two or more offenses. (i) An alien shall not be ineligible to receive a visa under section 212(a) (10) of the Act by reason of having been tried and treated as a juvenile by a juvenile court for the commission of two or more offenses regardless of the period of confinement imposed by the sentence provided the alien was under

the age of eighteen years at the time the offenses were committed. An alien convicted as an adult of two or more offenses for which the aggregate sentences to confinement actually imposed were five years or more shall be subject to the provisions of section 212(a) (10) of the Act regardless of whether juvenile courts existed within the jurisdiction at the time of conviction and regardless of whether he was under the age of eighteen years at the time the offenses were committed.

(ii) A conviction or convictions in absentia of two or more offenses for which the aggregate sentences to confinement imposed were five years or more shall not constitute a conviction within the meaning of section 212(a) (10) of the Act.

(iii) An alien shall not be considered ineligible to receive a visa under section 212(a) (10) of the Act by reason of having been convicted of two or more offenses for which the aggregate sentences to confinement actually imposed were five years or more if a full and unconditional pardon or pardons for the offenses have been granted by the President of the United States, by the Governor of a State of the United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order 10608. A legislative pardon or a pardon, amnesty, expungement of penal record or any other act of clemency granted by a foreign state shall not serve to remove a ground of ineligibility under section 212(a) (10) of the Act.

(iv) The term "purely political offense" as used in section 212(a) (10) of the Act shall include offenses which resulted in convictions obviously based on trumped-up charges or predicated upon repressive measures against racial, religious or political minorities.

(v) A sentence to confinement which has been suspended by a court of competent jurisdiction is not one which has been "actually imposed" within the meaning of section 212(a) (10) of the Act.

(11) Polygamy. (Section 212(a) (11) of the Act inapplicable; Section 212 (d) (1)).

(12) Prostitution, procuring and related activities. (i) The term "prostitute" means a woman given to promiscuous sexual intercourse for hire. finding that an alien has "engaged" in

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prostitution must be based on elements of continuity and regularity which would indicate a pattern of behavior or deliberate course of conduct entered into primarily for financial gain or for other considerations of material value as distinguished from the commission of casual or isolated acts.

(ii) The fact that an alien may have ceased to engage in prostitution shall not serve to remove the existing ground of ineligibility to receive a visa under the provisions of section 212(a) (12) of the Act.

(iii) A prostitute or a person who has engaged in prostitution shall be ineligible to receive a visa under section 212(a) (12) of the Act notwithstanding the fact that prostitution may not be prohibited under the laws of the foreign country where the acts occurred.

(13) Immoral sexual act. An alien shall not be ineligible to receive a visa under section 212(a) (13) of the Act unless his primary purpose in coming to the United States is to engage in an immoral sexual act.

(14) Aliens entering to perform skilled or unskilled labor. (Section 212(a) (14) of the Act inapplicable).

(15) Public charge. (i) Any conclusion that an alien is ineligible to receive a nonimmigrant visa under the provisions of section 212(a) (15) of the Act shall be predicated upon circumstances which indicate that the alien will probably become a charge upon the public after entry into the United States.

(ii) An alien within the purview of section 212 (a) (15) of the Act may be issued a nonimmigrant visa upon receipt of notice by the consular officer of the giving of a bond or undertaking, as provided in section 221(g) of the Act, if the consular officer is satisfied that the giving of such bond or undertaking removes the alien's ineligibility to receive a visa under this section of the law.

(16) Aliens excluded and deported. An alien who was excluded and deported from the United States within the meaning of section 212(a) (16) of the Act shall not be issued a visa within one year from the date of his deportation unless he has obtained permission from the Immigration and Naturalization Service to reapply for admission.

(17) Aliens arrested and deported or removed from the United States. An alien who was arrested and deported from the United States, or who was re

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