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22 CFR Ch. I (4–1–11 Edition)

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22 CFR Ch. I (4–1–11 Edition) § 41.2 22 CFR Ch. I (4–1–11 Edition) Military Headquarters Set Up Pursu- the United States by pleasure vessel ant to the North Atlantic Treaty (TIAS from Canada under the remote inspec- 2978; 5 U.S.T. 875.) tion system may present a NEXUS pro- (f) Aliens entering pursuant to Inter- gram card. national Boundary and Water Commis- (2) FAST program. A Canadian citizen sion Treaty. All personnel employed ei- who is traveling as a participant in the ther directly or indirectly on the con- FAST program, and who is not other- struction, operation, or maintenance of wise required to present a passport and works in the United States undertaken visa as provided in paragraphs (k) and in accordance with the treaty con- (m) of this section and 8 CFR 212.1, cluded on February 3, 1944, between the may present a valid FAST card at a United States and Mexico regarding land or sea port-of-entry prior to enter- the functions of the International ing the United States from contiguous Boundary and Water Commission, and territory or adjacent islands. entering the United States temporarily (3) SENTRI program. A Canadian cit- in connection with such employment izen who is traveling as a participant (59 Stat. 1252; TS 994.) in the SENTRI program, and who is not otherwise required to present a pass- [52 FR 42597, Nov. 5, 1987, as amended at 56 port and visa as provided in paragraphs FR 30428, July 2, 1991; 61 FR 1835, Jan. 24, 1996; 71 FR 68430, Nov. 24, 2006; 73 FR 18418, (k) and (m) of this section and 8 CFR Apr. 3, 2008] 212.1, may present a valid SENTRI card at a land or sea port-of-entry prior to § 41.2 Exemption or waiver by Sec- entering the United States from con- retary of State and Secretary of tiguous territory or adjacent islands. Homeland Security of passport and/ (4) Canadian Indians. If designated by or visa requirements for certain the Secretary of Homeland Security, a categories of nonimmigrants. Canadian citizen holder of an Indian Pursuant to the authority of the Sec- and Northern Affairs Canada (‘‘INAC’’) retary of State and the Secretary of card issued by the Canadian Depart- Homeland Security under the INA, as ment of Indian Affairs and North De- amended, a passport and/or visa is not velopment, Director of Land and Trust required for the following categories of Services (LTS) in conformance with se- nonimmigrants: curity standards agreed upon by the (a) Canadian citizens. A visa is not re- Governments of Canada and the United quired for an American Indian born in States, and containing a machine read- Canada having at least 50 percentum of able zone, and who is arriving from blood of the American Indian race. A Canada, may present the card prior to visa is not required for other Canadian entering the United States at a land citizens except for those who apply for port-of-entry. admission in E, K, V, or S non- (5) Children. A child who is a Cana- immigrant classifications as provided dian citizen who is seeking admission in paragraphs (k) and (m) of this sec- to the United States when arriving tion and 8 CFR 212.1. A passport is re- from contiguous territory at a sea or quired for Canadian citizens applying land port-of-entry, may present certain for admission to the United States, ex- other documents if the arrival meets cept when one of the following excep- the requirements described in either tions applies: paragraph (i) or (ii) of this section. (1) NEXUS program. A Canadian cit- (i) Children under age 16. A Canadian izen who is traveling as a participant citizen who is under the age of 16 is in the NEXUS program, and who is not permitted to present an original or a otherwise required to present a pass- copy of his or her birth certificate, a port and visa as provided in paragraphs Canadian Citizenship Card, or a Cana- (k) and (m) of this section and 8 CFR dian Naturalization Certificate when 212.1, may present a valid NEXUS pro- arriving in the United States from con- gram card when using a NEXUS Air tiguous territory at land or sea ports- kiosk or when entering the United of-entry. States from contiguous territory or ad- (ii) Groups of children under age 19. A jacent islands at a land or sea port-of- Canadian citizen who is under age 19 entry. A Canadian citizen who enters and who is traveling with a public or 150 VerDate Mar<15>2010 08:52 May 19, 2011 Jkt 223074 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:\SGML\223074.XXX 223074 wwoods2 on DSK1DXX6B1PROD with CFR Department of State § 41.2 private school group, religious group, sion to the United States according to social or cultural organization, or team the terms of the agreements entered associated with a youth sport organiza- between the Secretary of Homeland Se- tion may present an original or a copy curity and the entity. The Secretary of of his or her birth certificate, a Cana- Homeland Security will announce, by dian Citizenship Card, or a Canadian publication of a notice in the FEDERAL Naturalization Certificate when apply- REGISTER, documents designated under ing for admission to the United States this paragraph. A list of the documents from contiguous territory at all land designated under this paragraph will and sea ports-of-entry, when the group, also be made available to the public. organization or team is under the su- (b) Citizens of the British Overseas Ter- pervision of an adult affiliated with the ritory of Bermuda. A visa is not re- organization and when the child has quired, except for Citizens of the Brit- parental or legal guardian consent to ish Overseas Territory of Bermuda who travel. For purposes of this paragraph, apply for admission in E, K, V, or S an adult is considered to be a person nonimmigrant visa classification as who is age 19 or older. The following re- provided in paragraphs (k) and (m) of quirements will apply: this section and 8 CFR 212.1. A passport (A) The group, organization, or team is required for Citizens of the British must provide to CBP upon crossing the Overseas Territory of Bermuda apply- border, on organizational letterhead: ing for admission to the United States. (1) The name of the group, organiza- (c) Bahamian nationals and British tion or team, and the name of the su- subjects resident in the Bahamas. A pass- pervising adult; port is required. A visa is not required (2) A trip itinerary, including the if, prior to the embarkation of such an stated purpose of the trip, the location alien for the United States on a vessel of the destination, and the length of or aircraft, the examining U.S. immi- stay; gration officer at Freeport or Nassau (3) A list of the children on the trip; determines that the individual is clear- (4) For each child, the primary ad- ly and beyond a doubt entitled to ad- dress, primary phone number, date of mission. birth, place of birth, and the name of (d) British subjects resident in the Cay- at least one parent or legal guardian. man Islands or in the Turks and Caicos (B) The adult leading the group, or- Islands. A passport is required. A visa ganization, or team must demonstrate is not required if the alien arrives di- parental or legal guardian consent by rectly from the Cayman Islands or the certifying in the writing submitted in Turks and Caicos Islands and presents paragraph (a)(5)(ii)(A) of this section a current certificate from the Clerk of that he or she has obtained for each Court of the Cayman Islands or the child the consent of at least one parent Turks and Caicos Islands indicating no or legal guardian. criminal record. (C) The procedure described in this (e) British, French, and Netherlands paragraph is limited to members of the nationals and nationals of certain adja- group, organization, or team that are cent islands of the Caribbean which are under age 19. Other members of the independent countries. A passport is re- group, organization, or team must quired. A visa is not required of a Brit- comply with other applicable docu- ish, French or Netherlands national, or ment and/or inspection requirements of a national of Antigua, Barbados, found in this part and 8 CFR parts 212 Grenada, Jamaica, or Trinidad and To- and 235. bago, who has residence in British, (6) Enhanced driver’s license programs. French, or Netherlands territory lo- Upon the designation by the Secretary cated in the adjacent islands of the of Homeland Security of an enhanced Caribbean area, or has residence in An- driver’s license as an acceptable docu- tigua, Barbados, Grenada, Jamaica, or ment to denote identity and citizenship Trinidad and Tobago, if the alien: for purposes of entering the United (1) Is proceeding to the United States States, Canadian citizens may be per- as an agricultural worker; or mitted to present these documents in (2) Is the beneficiary of a valid, unex- lieu of a passport when seeking admis- pired, indefinite certification granted 151 VerDate Mar<15>2010 08:52 May 19, 2011 Jkt 223074 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Y:\SGML\223074.XXX 223074 wwoods2 on DSK1DXX6B1PROD with CFR § 41.2 22 CFR Ch. I (4–1–11 Edition) by the Department of Labor for em- commercial transportation into the ployment in the Virgin Islands of the United States.
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