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United States shall be made on Form I90.

[62 FR 10346, Mar. 6, 1997, as amended at 63 FR 70315, Dec. 21, 1998]

PART 212-DOCUMENTARY RE

QUIREMENTS: NONIMMIGRANTS: WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

Sec. 212.1 Documentary requirements for non

immigrants. 212.2 Consent to reapply for admission after

deportation, removal or departure at

Government expense. 212.3 Application for the exercise of discre

tion under section 212(c). 212.4 Applications for the exercise of discre

tion under section 212(d)(1) and 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 exclud

ability. 212.8 Certification requirement of section

212(a)(14). 212.9 Applicability of section 212(a)(32) to

certain derivative third and sixth pref

erence and nonpreference immigrants. 212.10 Section 212(k) waiver. 212.11 Controlled substance convictions. 212.12 Parole determinations and revoca

tions respecting Mariel Cubans. 212.13 Departmental parole determinations

respecting certain Mariel Cubans. 212.14 Parole determinations for alien wit

nesses and informants for whom a law enforcement authority (“LEA") will re

quest s classification. 212.15 Certificates for foreign health care

workers.

erwise 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 Betmuda, Bahamian nationals or British subjects resident in Bahamas, Cayman Islands, and Turks and Caicos Islands. A visa is not required of a Canadian national in any case. A passport is not required of such 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 or her residence in Canada or Bermuda. A passport is not required of such alien except after a visit outside of the Western Hemisphere. A visa and a passport are required of a Bahamian national or 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, satisfied the examining U.S. immigration officer at the 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) Certain Caribbean residents-(1) 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 of a national of Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has his or her residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or in Barbados, Grenada, Jamaica, or Trinidad and Tobago, who:

(i) Is proceeding to the United States as an agricultural worker;

(ii) Is the beneficiary of a valid, unexpired indefinite certification granted by the Department of Labor for employment in the Virgin Islands of the United States and is proceeding to the

AUTHORITY: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 CFR part 2.

8212.1 Documentary requirements for

nonimmigrants. A valid unexpired visa and an unexpired passport, valid for the period set forth in section 212(a)(26) of the Act, shall be presented by each arriving nonimmigrant alien except that the passport validity period for an applicant for admission who is a member of a class described 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 oth

Virgin Islands of the United States for such purpose, or

(iii) Is the spouse or child of an alien described in paragraph (b)(1)(i) or (b)(1)(ii) of this section, and is accompanying or following to join him or her.

(2) Nationals of the British Virgin Islands. A visa is not required of a national of the British Virgin Islands who has his or her residence in the British Virgin Islands, if:

(i) The alien is seeking admission solely to visit the Virgin Islands of the United States; or

(ii) At the time of embarking on an aircraft at St. Thomas, U.S. Virgin Islands, the alien meets each of the following requirements:

(A) The alien is traveling to any other part of the United States by aircraft as

a nonimmigrant visitor for business or pleasure (as described in section 101(a)(15)(B) of the Act);

(B) The alien satisfies the examining U.S. Immigration officer at the port-ofentry that he or she is clearly and beyond a doubt entitled to admission in all other respects; and

(C) The alien presents a current Certificate of Good Conduct issued by the Royal Virgin Islands Police Department indicating that he or she has no criminal record.

(c) Merican nationals. A visa and a passport are not required of a Mexican national who is in possession of a border crossing card on Form I-186 or 1-586 and is applying for admission as a temporary visitor for business or pleasure from continguous 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.

(C-1) Bearers of Merican diplomatic or official passports. A visa shall not be re

quired by a Mexican national bearing a Mexican diplomatic or official passport who is a military or civilian official of the Federal Government of Mexico entering the United States for six months or less for a purpose other than on assignment as a permanent employee to an office of the Mexican Federal Government in the United States and the official's spouse or any of the official's dependent family members under 19 years of age, bearing diplomatic or official passports, who are in the actual company of such official at the time of entry into the United States. This waiver does not apply to the spouse or any of the official's family members classifiable under section 101(a)(15) (F) or (M) of the Act.

(C-2) Aliens entering pursuant to International Boundary and Water Commission Treaty. A visa and a passport are not required of an alien 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.

(d) Citizens of the Freely Associated States, formerly Trust Territory of the Pacific Islands. Citizens of the Republic of the Marshall Islands and the Federated States of Micronesia may enter into, lawfully engage in employment, and establish residence in the United States and its territories and possessions without regard to paragraphs (14), (20) and (26) of section 212(a) of the Act pursuant to the terms of Pub. L. 99–239. Pending issuance by the aforementioned governments of travel documents to eligible citizens, travel documents previously issued by the Trust Territory of the Pacific Islands will continue to be accepted for purposes of identification and to establish eligibility for admission into the United States, its territories and possessions.

(e) Aliens entering Guam pursuant to section 14 of Pub. L. 99–396, Omnibus Territories Act.(1) A visa is not required of an alien who is a citizen of a country enumerated in paragraph (e)(3) of this section who:

(i) Is classifiable as a vistor for business or pleasure;

(ii) Is solely entering and staying on Guam for a period not to exceed fifteen days;

(iii) Is in possession of a round-trip nonrefundable and nontransferable transportation ticket bearing a confirmed departure date not exceeding fifteen days from the date of admission to Guam;

(iv) Is in possession of a completed and signed Visa Waiver Information Form (Form I-736);

(v) Waives any right to review or appeal the immigration officer's determination of admissibility at the port of entry at Guam; and

(vi) Waives any right to contest any action for deportation, other than on the basis of a request for asylum.

(2) An alien is eligible for the waiver provision if all of the eligibility criteria in paragraph (e)(1) of this section have been met prior to embarkation and the alien is a citizen of a country that:

(i) Has a visa refusal rate of 16.9% or less, or a country whose visa refusal rate exceeds 16.9% and has an established preinspection or preclearance program, pursuant to a bilateral agreement with the United States under which its citizens traveling to Guam without a valid United States visa are inspected by the Immigration and Naturalization Service prior to departure from that country;

(ii) Is within geographical proximity to Guam, unless the country has a substantial volume of nonimmigrant admissions to Guam as determined by the Commissioner and extends reciprocal privileges to citizens of the United States;

(iii) Is not designated by the Department of State as being of special humanitarian concern; and

(iv) Poses no threat to the welfare, safety or security of the United States, its territories, or commonwealths. Any potential threats to the welfare, safety, or security of the United States, its territories, commonwealths will be dealt with on a country by country basis, and a determination by the Commissioner of the Immigration and Naturalization Service that a threat exists will result in the imme

diate deletion of that country from the listing in paragraph (e)(3) of this section.

(3)(1) The following geographic areas meet the eligibility criteria as stated in paragraph (e)(2) of this section: Australia, Brunei, Burma, Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, Solomon Islands, Taiwan (residents thereof who begin their travel in Taiwan and who travel on direct flights from Taiwan to Guam without an intermediate layover or stop except that the flights may stop in a territory of the United States enroute), the United Kingdom (including the citizens of the colony of Hong Kong), Vanuatu, and Western Samoa. The provision that flights transporting residents of Taiwan to Guam may stop at a territory of the United States enroute may be rescinded whenever the number of inadmissible passengers arriving in Guam who have transited a territory of the United States enroute to Guam exceeds 20 percent of all the inadmissible passengers arriving in Guam within any consecutive two-month period. Such rescission will be published in the FEDERAL REGISTER.

(ii) For the purposes of this section, the term citizen of a country as used in 8 CFR 212.1(e)(1) when applied to Taiwan refers only to residents of Taiwan who are in possession of Taiwan National Identity Cards and a valid Taiwan passport with a valid re-entry permit issued by the Taiwan Ministry of Foreign Affairs. It does not refer to any other holder of a Taiwan passport or a passport issued by the People's Republic of China.

(4) Admission under this section renders an alien ineligible for:

(i) Adjustment of status to that of a temporary resident or, except under the provisions of section 245(i) of the Act, to that of a lawful permanent resident;

(ii) Change of nonimmigrant status; or

(iii) Extension of stay.

(5) A transportation line bringing any alien to Guam pursuant to this section shall:

(i) Enter into a contract on Form I760, made by the Commissioner of the

or

Immigration and Naturalization Serv- flight which will depart directly to a ice in behalf of the government;

foreign place from the port of arrival. (ii) Transport only an alien who is a (3) Unavailability to transit. This waivcitizen and in possession of a valid er of passport and visa requirement is passport of a country enumerated in not available to an alien who is a citparagraph (e)(3) of this section;

izen of Afghanistan, Bangladesh, Cuba, (iii) Transport only an alien in pos- India, Iran, Iraq, Libya, Pakistan, Sri session of a round-trip, nontransferable Lanka, or a national of a Republic of transportation ticket:

the former Socialist Federal Republic (A) Bearing a confirmed departure of Yugoslavia (effective August 16, 1993) date not exceeding fifteen days from which includes Bosnia, Croatia, Serbia, the date of admission to Guam,

Montenegro, Slovenia, and Macedonia. (B) Valid for a period of not less than This waiver of passport and visa reone year,

quirement is not available to an alien (C) Nonrefundable except in the coun- who is a citizen or national of North try in which issued or in the country of Korea (Democratic People's Republic the alien's nationality or residence, of Korea) or Democratic Republic of

(D) Issued by a carrier which has en- Vietnam and is a resident of the said tered into an agreement described in countries. part (5)(i) of this section, and

(4) Foreign government officials in tran(E) Which the carrier will uncondi- sit. If an alien is of the class described tionally honor when presented for re- in section 212(d)(8) of the Act, only a turn passage; and

valid unexpired visa and a travel docu(iv) Transport only an alien in pos- ment valid for entry into a foreign session of a completed and signed Visa country for at least 30 days from the Waiver Information Form I-736.

date of admission to the United States (f) Direct transits—(1) Transit without are required. visa. A passport and visa are not re- (g) Unforeseen emergency. A nonquired of an alien who is being trans- immigrant seeking admission to the ported in immediate and continuous United States must present an unextransit through the United States in pired visa and a passport valid for the accordance with the terms of an agree- amount of time set forth in section ment entered into between the trans- 212(a)(7)(B) of the Act, or a valid border portation line and the Service under crossing identification card at the time the provisions of section 238(d) of the of application for admission, unless the Act on Form 1-426 to insure such im- nonimmigrant satisfies the requiremediate and continuous transit ments described in one or more of the through, and departure from, the paragraphs (a) through (f) or (i) of this United States en route to a specifically section. Upon a nonimmigrant's applidesignated foreign country: Provided, cation on Form I-193, a district direcThat such alien is in possession of a tor at a port of entry may, in the exertravel document or documents estab- cise of his or her discretion, on a caselishing his/her identity and nationality by-case basis, waive the documentary and ability to enter some country requirements, if satisfied that the nonother than the United States.

immigrant cannot present the required (2) Waiver of passport and visa. On the documents because of an unforeseen basis of reciprocity, the waiver of pass- emergency. The district director or the port and visa is available to a national Deputy Commissioner may at any time of Albania, Bulgaria, Czechoslovakia, revoke a waiver previously authorized Estonia, the German Democratic Re- pursuant to this paragraph and notify public, Hungary, Latvia, Lithuania, the nonimmigrant in writing to that Mongolian People's Republic, People's effect. Republic of China, Poland, Romania, or (h) Fiancees or fiances of U.S. citizens. the Union of Soviet Socialist Republics Notwithstanding any of the provisions resident in one of said countries, only of this part, an alien seeking admission if he/she is transiting the United States as a fiancee or fiance of a U.S. citizen by aircraft of a transportation line sig- pursuant to section 101(a)(15)(K) of the natory to an agreement with the Serv- Act shall be in possession of a nonice on Form I-426 on a direct through immigrant visa issued by an American

cases

rec

consular officer classifying the alien classifying the alien under that secunder that section.

tion. (i) Visa Waiver Pilot Program. A visa is (m) Aliens in S classification. Notwithnot required of any alien who is eligi- standing any of the provisions of this ble to apply for admission to the part, an alien seeking admission pursuUnited States as a Visa Waiver Pilot

ant to section 101(a)(15)(S) of the Act Program applicant pursuant to the pro

must be in possession of appropriate visions of section 217 of the Act and

documents issued by a United States part 217 of this chapter if such alien is

consular officer classifying the alien a national of a country designated

under that section. under the Visa Waiver Pilot Program, (Secs. 103, 104, 212 of the Immigration and who seeks admission to the United Nationality Act, as amended (8 U.S.C. 1103, States for a period of 90 days or less as 1104, 1132)) a visitor for business or pleasure.

(26 FR 12066, Dec. 16, 1961) (j) Officers authorized to act upon rec

EDITORIAL NOTE: For FEDERAL REGISTER CIommendations of United States consular

tations affecting $212.1, see the List of CFR officers for waiver of visa and passport re- Sections Affected in the Finding Aids secquirements. All district directors, the tion in this volume. officers in charge are authorized to act upon recommendations made by United 8212.2 Consent to reapply for admisStates consular officers or by officers

sion after deportation, removal or

departure at Government expense. of the Visa Office, Department of State, pursuant to the provisions of 22

(a) Evidence. Any alien who has been CFR 41.7 for waiver of visa and pass

deported or removed from the United port requirements under the provisions

States is inadmissible to the United of section 212(d)(4)(A) of the Act. The

States unless the alien has remained District Director at Washington, DC,

outside of the United States for five has jurisdiction in such

consecutive years since the date of deommended to the Service at the seat of

portation or removal. If the alien has

been convicted of an aggravated felony, Government level by the Department

he or she must remain outside of the of State. Neither an application nor fee

United States for twenty consecutive are required if the concurrence in a passport or visa waiver is requested by

years from the deportation date before

he or she is eligible to re-enter the a U.S. consular officer or by an officer

United States. Any alien who has been of the Visa Office. The district director

deported or removed from the United or the Deputy Commissioner, may at

States and is applying for a visa, adany time revoke a waiver previously

mission to the United States, or adauthorized pursuant to this paragraph

justment of status, must present proof and notify the nonimmigrant alien in

that he or she has remained outside of writing to that effect.

the United States for the time period (k) Cancellation of nonimmigrant visas required for re-entry after deportation by immigration officers. Upon receipt of

or removal. The examining consular or advice from the Department of State

immigration officer must be satisfied that a nonimmigrant visa has been re- that since the alien's deportation or revoked or invalidated, and request by moval, the alien has remained outside that Department for such action, im- the United States for more than five migration officers shall place an appro- consecutive years, or twenty consecupriate endorsement thereon.

tive years in the case of an alien con(1) Treaty traders and investors. Not- victed of an aggravated felony as dewithstanding any of the provisions of fined in section 101(a)(43) of the Act. this part, an alien seeking admission as Any alien who does not satisfactorily a treaty trader or investor under the present proof of absence from the provisions of Chapter 16 of the North United States for more than five conAmerican Free Trade Agreement secutive years, or twenty consecutive (NAFTA)

pursuant to section years in the case of an alien convicted 101(a)(15)(E) of the Act, shall be in pos- of an aggravated felony, to the consession of a nonimmigrant visa issued sular or immigration officer, and any by

American consular officer alien who is seeking to enter the

an

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