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Department of Justice Immigration and Naturalization Service Friday, January 31, 2003 Part VII Department of Justice Immigration and Naturalization Service 8 CFR Parts 212, 231, 235 and 286 Department of State 22 CFR Part 41 Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda; Interim Rule VerDate Dec<13>2002 18:07 Jan 30, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31JAR5.SGM 31JAR5 5190 Federal Register / Vol. 68, No. 21 / Friday, January 31, 2003 / Rules and Regulations DEPARTMENT OF JUSTICE Washington, DC, 20536. To ensure subjects in Bermuda. This latter waiver proper handling, please reference the includes citizens of British Immigration and Naturalization Service INS No. 2202–02 on your Commonwealth countries as well as correspondence. You may also submit citizens of Ireland. Nationals of 54 8 CFR Parts 212, 231, 235 and 286 comments electronically to the Service countries who reside in Canada or [INS No. 2202–02] at [email protected]. When submitting Bermuda currently benefit from this comments electronically, please include waiver. Country List ‘‘A’’ following the RIN 1115–AG68 INS No. 2202–02 in the subject box. chart Current versus New Documentary Comments are available for public Requirements lists the British Removal of Visa and Passport Waiver inspection at the above location by Commonwealth countries as of the for Certain Permanent Residents of calling (202) 514–3048 to arrange for an publication date of this regulation. Canada and Bermuda appointment. This rule eliminates the existing AGENCY: Immigration and Naturalization FOR FURTHER INFORMATION CONTACT: waiver for aliens, who are nationals of Service, Justice. Joyce Broughman, Assistant Chief Ireland or the British Commonwealth ACTION: Interim rule with request for Inspector, Office of Inspections, countries listed above, who reside in comments. Immigration and Naturalization Service, either Canada or Bermuda and are not 425 I Street, NW., Room 4064, citizens of Canada or the British SUMMARY: This rule amends the Washington, DC 20536, telephone (202) Overseas Territory of Bermuda. Immigration and Naturalization Service 514–3019. Residents of Canada or Bermuda who (Service) regulations by providing that SUPPLEMENTARY INFORMATION: residents of Canada or Bermuda having are nationals of a designated Visa a common nationality with Canadian Background Waiver country listed in § 217.2(a), who present a valid passport issued by that nationals or with British subjects in Section 212(d)(4)(B) of the country, may continue to be admitted Bermuda will be required to present a Immigration and Nationality Act (Act) without a visa if they are entering the valid passport and visa when applying permits the Attorney General and the United States for less than 90 days for for admission to the United States. Secretary of State (acting jointly) to business or pleasure. Countries that Nationals of Ireland and British waive the passport and visa have been designated as eligible for the Commonwealth countries, who reside in requirements of section 212(a)(7)(B)(i) of Visa Waiver Program may be found in Canada, will be affected by this change. the Act, 8 U.S.C. 1182(a)(7), for Country List ‘‘B’’ after the chart The Service is taking this action, admission to the United States in ‘‘Current versus New Documentary revoking the prior passport and visa nonimmigrant status. This waiver may Requirements’. exemption for these individuals, in be granted on the basis of reciprocity conjunction with the Department of with respect to nationals of foreign This rule does not alter existing State. (See Department of State contiguous territories or adjacent waivers of passport and visa for regulations published elsewhere in this islands or for residents of those Canadian citizens or for British subjects issue of the Federal Register.) This rule territories or islands who have a in Bermuda. In amending § 212.1(a), it is intended to increase security and common nationality with those is broken into subsections (1) through safeguard the United States. nationals. (4) to make the documentary DATES: Effective date: This rule is Service regulations at 8 CFR 212.1(a) requirements clearer to the reader. This effective March 17, 2003. implement this waiver authority for rule makes no changes to the current Comment date: Written comments Canadian citizens, British subjects in documentary requirements for must be submitted on or before April 1, Bermuda and certain aliens from other Bahamian nationals or British subjects 2003. islands. In addition, the current resident in The Bahamas or British ADDRESSES: Please submit written regulations provide a waiver of the subjects resident in the Cayman Islands comments to the Director, Regulations, passport and visa requirements for or in the Turks and Caicos Islands. Forms and Services Division, residents of Canada or Bermuda who The following chart shows the current Immigration and Naturalization Service, have a common nationality with and new documentary requirements for 425 I Street, NW., Room 4034, citizens of Canada or with British residents of Canada and Bermuda. CURRENT VERSUS NEW DOCUMENTARY REQUIREMENTS And the purpose of your visit to If you are: the U.S. (and time of stay, if appli- Then the change this rule makes And you will need the following to cable) is: from current INS regulations is: enter the U.S.: 1. Canadian citizen Non-immigrant visitor (except E– No change from current regula- Identification; If coming from out- 1, E–2—treaty trader—and K–1 tions side the Western Hemisphere a through K–4—spouses and fi- passport is required. (The fol- ance(e)s of U.S. citizens) lowing nonimmigrant classifica- tions require a passport and visa: E–1, E–2, K–1, K–2, K–3, K–4. See INA Section 101(a).) 2. Permanent resident of Canada Non-immigrant .............................. Change to now require a valid Valid passport and valid non- or Bermuda who is a citizen of a passport and valid immigrant visa. British Commonwealth country— nonimmingrant visa Country List ‘‘A’’ 3. Citizen of a country participating Non-immigrant visitor for business No change from current regula- Valid passport. in the Visa Waiver Program or pleasure for less than 90 tions (VWP) regardless of place of days residence—Country List ‘‘B’’ VerDate Dec<13>2002 18:07 Jan 30, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\31JAR5.SGM 31JAR5 Federal Register / Vol. 68, No. 21 / Friday, January 31, 2003 / Rules and Regulations 5191 CURRENT VERSUS NEW DOCUMENTARY REQUIREMENTS—Continued And the purpose of your visit to If you are: the U.S. (and time of stay, if appli- Then the change this rule makes And you will need the following to cable) is: from current INS regulations is: enter the U.S.: 4. Citizen of a country participating Non-immigrant visitor for business No change from current regula- Valid passport and valid visas in in the Visa Waiver Program or pleasure for more than 90 tions. the appropriate classification (VWP) regardless of place of days or for any other non- (Section 101(a)(15) of the INA). residence—Country List ‘‘B’’ immigrant purpose 5. Citizen of the British Overseas Nonimmigrant ............................... No change from current regula- Evidence of citizenship; if coming Territory of Bermuda tions from outside the Western Hemi- sphere a passport is required. 6. Citizen of an country, other than Nonimmigrant ............................... No change from current regulation Valid passport and valid non-im- Canada or Bermuda, not listed migrant visa. in Country List ‘‘B’’, Visa Waiver Countries The following list of countries public interest to reconsider the existing Bermuda who are nationals of Ireland or comprises Country List ‘‘A’’—British waiver for such aliens. Because the British Commonwealth countries, who Commonwealth Countries: Antigua and Department of State requires special are entering the United States for Barbuda, Australia, Bangladesh, clearance procedures for nationals of business or pleasure to complete the Barbados, Belize, Botswana, Brunei some countries that are beneficiaries of Form I–94, Arrival/Departure Record. Darussalam, Cameroon, Cyprus, the waiver, the Department of State and As a result of the requirement for a Dominica, Fiji Islands, Ghana, Grenada, the Service have determined that passport and nonimmigrant visa, Guyana, India, Jamaica, Kenya, Kiribati, requiring a passport and visa for these residents of Canada who must present Lesotho, Malawi, Malaysia, Maldives, aliens will provide a higher level of those documents for admission to the Malta, Mauritius, Mozambique, security for the United States. Current United States will no longer be eligible Namibia, Nauru, New Zealand, Nigeria, beneficiaries of the waiver include for a Canadian Border Boat Landing Pakistan, Papua New Guinea, Samoa, nationals from countries with high rates Permit (Form I–68) described in Seychelles, Sierra Leone, Singapore, of documentary and immigration fraud § 235.1(e). United States citizens, Solomon Islands, South Africa, Sri and abuse and nationals from countries Canadian citizens and those residents of Lanka, St. Kitts and Nevis, St. Lucia, St. with high nonimmigrant refusal rates. In Canada who are nationals of a Vincent and the Grenadines, Swaziland, many cases, documents presented by designated Visa Waiver country listed in The Bahamas, The Gambia, Tonga, beneficiaries of the waiver do not meet § 217.2(a) will continue to be eligible for Trinidad and Tobago, Tuvalu, Uganda, current document security standards. the Canadian Boat Landing Permit. United
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