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Immigration and Naturalization Service, Justice § 212.1

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Immigration and Naturalization Service, Justice § 212.1 Immigration and Naturalization Service, Justice § 212.1 212.10 Section 212(k) waiver. lands or the Turks and Caicos Islands 212.11 Controlled substance convictions. and who presents a current certificate 212.12 Parole determinations and revoca- from the Clerk of Court of the Cayman tions respecting Mariel Cubans. 212.13 Departmental parole determinations Islands or the Turks and Caicos Islands respecting certain Mariel Cubans. indicating no criminal record. 212.14 Parole determinations for alien wit- (b) British, French, and Netherlands nesses and informants for whom a law nationals, and nationals of certain adja- enforcement authority (``LEA'') will re- cent islands of the Caribbean which are quest S classification. independent countries. A visa is not re- AUTHORITY: 8 U.S.C. 1101, 1102, 1103, 1182, quired of a British, French, or Nether- 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 CFR lands nationalÐor of a national of Bar- part 2. bados, Grenada, Jamaica, or Trinidad and Tobago, who has his residence in § 212.1 Documentary requirements for British, French, or Netherlands terri- nonimmigrants. tory located in the adjacent islands of A valid unexpired visa and an the Caribbean area, or in Barbados, unexpired passport, valid for the period Grenada, Jamaica, or Trinidad and To- set forth in section 212(a)(26) of the bago, who: (1) Is proceeding to the Act, shall be presented by each arriv- United States as an agricultural work- ing nonimmigrant alien except that er; or (2) is the beneficiary of a valid, the passport validity period for an ap- unexpired indefinite certification plicant for admission who is a member granted by the Department of Labor of a class described in section 102 of the for employment in the Virgin Islands Act is not required to extend beyond of the United States and is proceeding the date of his application for admis- to the Virgin Islands of the United sion if so admitted, and except as oth- States for such purpose, or is the erwise provided in the Act, this chap- spouse or child of such an alien accom- ter, and for the following classes: panying or following to join him. A (a) Canadian nationals, and aliens hav- visa is not required of a national of the ing a common nationality with nationals British Virgin Islands who has his resi- of Canada or with British subjects in Ber- dence in the British Virgin Islands, and muda, Bahamian nationals or British sub- who is proceeding to the Virgin Islands jects resident in Bahamas, Cayman Is- of the United States. lands, and Turks and Caicos Islands. A (c) Mexican nationals. A visa and a visa is not required of a Canadian na- passport are not required of a Mexican tional in any case. A passport is not re- national who is in possession of a bor- quired of such national except after a der crossing card on Form I±186 or I±586 visit outside of the Western Hemi- and is applying for admission as a tem- sphere. A visa is not required of an porary visitor for business or pleasure alien having a common nationality from continguous territory; or is enter- with Canadian nationals or with Brit- ing solely for the purpose of applying ish subjects in Bermuda, who has his or for a Mexican passport or other official her residence in Canada or Bermuda. A Mexican document at a Mexican con- passport is not required of such alien sular office on the United States side of except after a visit outside of the West- the border. A visa is not required of a ern Hemisphere. A visa and a passport Mexican national who is in possession are required of a Bahamian national or of a border crossing card and is apply- a British subject who has his residence ing for admission to the United States in the Bahamas except that a visa is as a temporary visitor for business or not required of such an alien who, prior pleasure from other than contiguous to or at the time of embarkation for territory. A visa is not required of a the United States on a vessel or air- Mexican national who is a crewman craft, satisfied the examining U.S. im- employed on an aircraft belonging to a migration officer at the Bahamas, that Mexican company authorized to engage he is clearly and beyond a doubt enti- in commercial transportation into the tled to admission in all other respects. United States. A visa is not required of a British sub- (c-1) Bearers of Mexican diplomatic or ject who has his residence in, and ar- official passports. A visa shall not be re- rives directly from, the Cayman Is- quired by a Mexican national bearing a 187 VerDate 21-FEB-97 13:41 Feb 21, 1997 Jkt 174022 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 E:\CFR\174022.022 174022 § 212.1 8 CFR Ch. I (1±1±97 Edition) Mexican diplomatic or official passport (i) Is classifiable as a vistor for busi- who is a military or civilian official of ness or pleasure; the Federal Government of Mexico en- (ii) Is solely entering and staying on tering the United States for six months Guam for a period not to exceed fifteen or less for a purpose other than on as- days; signment as a permanent employee to (iii) Is in possession of a round-trip an office of the Mexican Federal Gov- nonrefundable and nontransferable ernment in the United States and the transportation ticket bearing a con- official's spouse or any of the official's firmed departure date not exceeding dependent family members under 19 fifteen days from the date of admission years of age, bearing diplomatic or offi- to Guam; cial passports, who are in the actual (iv) Is in possession of a completed company of such official at the time of and signed Visa Waiver Information entry into the United States. This Form (Form I±736); waiver does not apply to the spouse or (v) Waives any right to review or ap- any of the official's family members peal the immigration officer's deter- classifiable under section 101(a)(15) (F) mination of admissibility at the port of or (M) of the Act. entry at Guam; and (c-2) Aliens entering pursuant to (vi) Waives any right to contest any International Boundary and Water Com- action for deportation, other than on mission Treaty. A visa and a passport the basis of a request for asylum. are not required of an alien employed (2) An alien is eligible for the waiver either directly or indirectly on the con- provision if all of the eligibility cri- struction, operation, or maintenance of teria in paragraph (e)(1) of this section works in the United States undertaken have been met prior to embarkation in accordance with the treaty con- and the alien is a citizen of a country cluded on February 3, 1944, between, that: the United States and Mexico regard- (i) Has a visa refusal rate of 16.9% or ing the functions of the International less, or a country whose visa refusal Boundary and Water Commission, and rate exceeds 16.9% and has an estab- entering the United States temporarily lished preinspection or preclearance in connection with such employment. program, pursuant to a bilateral agree- (d) Citizens of the Freely Associated ment with the United States under States, formerly Trust Territory of the Pa- which its citizens traveling to Guam cific Islands. Citizens of the Republic of without a valid United States visa are the Marshall Islands and the Federated inspected by the Immigration and Nat- States of Micronesia may enter into, uralization Service prior to departure lawfully engage in employment, and from that country; establish residence in the United (ii) Is within geographical proximity States and its territories and posses- to Guam, unless the country has a sub- sions without regard to paragraphs stantial volume of nonimmigrant ad- (14), (20) and (26) of section 212(a) of the missions to Guam as determined by the Act pursuant to the terms of Pub. L. Commissioner and extends reciprocal 99±239. Pending issuance by the afore- privileges to citizens of the United mentioned governments of travel docu- States; ments to eligible citizens, travel docu- (iii) Is not designated by the Depart- ments previously issued by the Trust ment of State as being of special hu- Territory of the Pacific Islands will manitarian concern; and continue to be accepted for purposes of (iv) Poses no threat to the welfare, identification and to establish eligi- safety or security of the United States, bility for admission into the United its territories, or commonwealths. States, its territories and possessions. Any potential threats to the welfare, (e) Aliens entering Guam pursuant to safety, or security of the United section 14 of Pub. L. 99±396, ``Omnibus States, its territories, or common- Territories Act.'' (1) A visa is not re- wealths will be dealt with on a country quired of an alien who is a citizen of a by country basis, and a determination country enumerated in paragraph (e)(3) by the Commissioner of the Immigra- of this section who: tion and Naturalization Service that a 188 VerDate 21-FEB-97 13:41 Feb 21, 1997 Jkt 174022 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 E:\CFR\174022.022 174022 Immigration and Naturalization Service, Justice § 212.1 threat exists will result in the imme- Immigration and Naturalization Serv- diate deletion of that country from the ice in behalf of the government; listing in paragraph (e)(3) of this sec- (ii) Transport only an alien who is a tion.
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