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United States shall be made on Form I– sion if so admitted, and except as oth- 90. erwise provided in the Act, this chap- ter, and for the following classes: [62 FR 10346, Mar. 6, 1997, as amended at 63 FR 70315, Dec. 21, 1998] (a) Canadian nationals, and aliens hav- ing a common with nationals of Canada or with British subjects in Ber- PART 212—DOCUMENTARY RE- muda, Bahamian nationals or British sub- QUIREMENTS: NONIMMIGRANTS; jects resident in Bahamas, Cayman Is- WAIVERS; ADMISSION OF CER- lands, and Turks and Caicos Islands. A TAIN INADMISSIBLE ALIENS; visa is not required of a Canadian na- PAROLE tional in any case. A is not re- quired of such national except after a Sec. visit outside of the Western Hemi- 212.1 Documentary requirements for non- sphere. A visa is not required of an immigrants. alien having a common nationality 212.2 Consent to reapply for admission after deportation, removal or departure at with Canadian nationals or with Brit- Government expense. ish subjects in Bermuda, who has his or 212.3 Application for the exercise of discre- her residence in Canada or Bermuda. A tion under section 212(c). passport is not required of such alien 212.4 Applications for the exercise of discre- except after a visit outside of the West- tion under section 212(d)(1) and 212(d)(3). ern Hemisphere. A visa and a passport 212.5 Parole of aliens into the United are required of a Bahamian national or States. 212.6 Border crossing identification cards. a British subject who has his residence 212.7 Waiver of certain grounds of inadmis- in the Bahamas except that a visa is sibility. not required of such an alien who, prior 212.8 Certification requirement of section to or at the time of embarkation for 212(a)(14). the United States on a vessel or air- 212.9 Applicability of section 212(a)(32) to craft, satisfied the examining U.S. im- certain derivative third and sixth pref- migration officer at the Bahamas, that erence and nonpreference immigrants. 212.10 Section 212(k) waiver. he is clearly and beyond a doubt enti- 212.11 Controlled substance convictions. tled to admission in all other respects. 212.12 Parole determinations and revoca- A visa is not required of a British sub- tions respecting Mariel Cubans. ject who has his residence in, and ar- 212.13 [Reserved] rives directly from, the Cayman Is- 212.14 Parole determinations for alien wit- lands or the Turks and Caicos Islands nesses and informants for whom a law and who presents a current certificate enforcement authority (‘‘LEA’’) will re- quest S classification. from the Clerk of Court of the Cayman 212.15 Certificates for foreign health care Islands or the Turks and Caicos Islands workers. indicating no criminal record. 212.16 Applications for exercise of discre- (b) Certain Caribbean residents—(1) tion relating to T nonimmigrant status. British, French, and Netherlands nation- AUTHORITY: 8 U.S.C. 1101 and note, 1102, als, and nationals of certain adjacent is- 1103, 1182 and note, 1184, 1187, 1225, 1226, 1227, lands of the Caribbean which are inde- 1228; 8 CFR part 2. pendent countries. A visa is not required SOURCE: 17 FR 11484, Dec. 19, 1952, unless of a British, French, or Netherlands na- otherwise noted. tional, or of a national of Barbados, Grenada, , or Trinidad and To- § 212.1 Documentary requirements for bago, who has his or her residence in nonimmigrants. British, French, or Netherlands terri- A valid unexpired visa and an unex- tory located in the adjacent islands of pired passport, valid for the period set the Caribbean area, or in Barbados, forth in section 212(a)(26) of the Act, Grenada, Jamaica, or Trinidad and To- shall be presented by each arriving bago, who: nonimmigrant alien except that the (i) Is proceeding to the validity period for an appli- as an agricultural worker; cant for admission who is a member of (ii) Is the beneficiary of a valid, un- a class described in section 102 of the expired indefinite certification granted Act is not required to extend beyond by the Department of Labor for em- the date of his application for admis- ployment in the Virgin Islands of the

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United States and is proceeding to the (ii) Is a crew member employed on an Virgin Islands of the United States for aircraft belonging to a Mexican com- such purpose, or pany owned carrier authorized to en- (iii) Is the spouse or child of an alien gage in commercial transportation described in paragraph (b)(1)(i) or into the United States; or (b)(1)(ii) of this section, and is accom- (iii) Bears a Mexican diplomatic or panying or following to join him or official passport and who is a military her. or civilian official of the Federal Gov- (2) Nationals of the British Virgin Is- ernment of entering the United lands. A visa is not required of a na- States for 6 months or less for a pur- tional of the British Virgin Islands who pose other than on assignment as a has his or her residence in the British permanent employee to an office of the Virgin Islands, if: Mexican Federal Government in the (i) The alien is seeking admission United States, and the official’s spouse solely to visit the Virgin Islands of the or any of the official’s dependent fam- United States; or ily members under 19 years of age, (ii) At the time of embarking on an bearing diplomatic or official pass- aircraft at St. Thomas, U.S. Virgin Is- ports, who are in the actual company lands, the alien meets each of the fol- of such official at the time of admis- lowing requirements: sion into the United States. This provi- (A) The alien is traveling to any sion does not apply to the spouse or other part of the United States by air- any of the official’s family members craft as a nonimmigrant visitor for classifiable under section 101(a)(15)(F) business or pleasure (as described in or (M) of the Act. section 101(a)(15)(B) of the Act); (3) A Mexican national who presents (B) The alien satisfies the examining a BCC at a POE must present the DOS- U.S. Immigration officer at the port-of- issued DSP–150 containing a machine- entry that he or she is clearly and be- readable biometric identifier. The alien yond a doubt entitled to admission in will not be permitted to cross the bor- all other respects; and der into the United States unless the (C) The alien presents a current Cer- biometric identifier contained on the tificate of Good Conduct issued by the Royal Virgin Islands Police Depart- card matches the appropriate biomet- ment indicating that he or she has no ric characteristic of the alien. criminal record. (4) Mexican nationals presenting a (c) Mexican nationals. (1) A visa and a combination B–1/B–2 nonimmigrant passport are not required of a Mexican visa and border crossing card (or simi- national who: lar stamp in a passport), issued by DOS (i) Is in possession of a Form DSP– prior to April 1, 1998, that does not con- 150, B–1/B–2 Visa and Border Crossing tain a machine-readable biometric Card, containing a machine-readable identifier, may be admitted on the biometric identifier, issued by the DOS basis of the nonimmigrant visa only, and is applying for admission as a tem- provided it has not expired and the porary visitor for business or pleasure alien remains admissible. A passport is from contiguous territory. also required. (ii) Is a Mexican national entering (5) Aliens entering pursuant to Inter- solely for the purpose of applying for a national Boundary and Water Commis- or other official sion Treaty. A visa and a passport are Mexican document at a Mexican con- not required of an alien employed ei- sular office on the United States side of ther directly or indirectly on the con- the border. struction, operation, or maintenance of (2) A visa shall not be required of a works in the United States undertaken Mexican national who: in accordance with the treaty con- (i) Is in possession of a Form DSP– cluded on February 3, 1944, between the 150, with a biometric identifier, issued United States and Mexico regarding by the DOS, and a passport, and is ap- the functions of the International plying for admission as a temporary Boundary and Water Commission, and visitor for business or pleasure from entering the United States temporarily other than contiguous territory; in connection with such employment.

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(d) Citizens of the Freely Associated which its citizens traveling to Guam States, formerly Trust Territory of the Pa- without a valid United States visa are cific Islands. Citizens of the Republic of inspected by the Immigration and Nat- the Marshall Islands and the Federated uralization Service prior to departure States of Micronesia may enter into, from that country; lawfully engage in employment, and (ii) Is within geographical proximity establish residence in the United to Guam, unless the country has a sub- States and its territories and posses- stantial volume of nonimmigrant ad- sions without regard to paragraphs missions to Guam as determined by the (14), (20) and (26) of section 212(a) of the Commissioner and extends reciprocal Act pursuant to the terms of Pub. L. privileges to citizens of the United 99–239. Pending issuance by the afore- States; mentioned governments of travel docu- (iii) Is not designated by the Depart- ments to eligible citizens, travel docu- ment of State as being of special hu- ments previously issued by the Trust manitarian concern; and Territory of the Pacific Islands will (iv) Poses no threat to the welfare, continue to be accepted for purposes of safety or security of the United States, identification and to establish eligi- its territories, or commonwealths. bility for admission into the United Any potential threats to the welfare, States, its territories and possessions. safety, or security of the United (e) Aliens entering Guam pursuant to States, its territories, or common- section 14 of Pub. L. 99–396, ‘‘Omnibus wealths will be dealt with on a country Territories Act.’’ (1) A visa is not re- by country basis, and a determination quired of an alien who is a citizen of a by the Commissioner of the Immigra- country enumerated in paragraph (e)(3) tion and Naturalization Service that a of this section who: threat exists will result in the imme- (i) Is classifiable as a vistor for busi- diate deletion of that country from the ness or pleasure; listing in paragraph (e)(3) of this sec- (ii) Is solely entering and staying on tion. Guam for a period not to exceed fifteen (3)(i) The following geographic areas days; meet the eligibility criteria as stated (iii) Is in possession of a round-trip in paragraph (e)(2) of this section: Aus- nonrefundable and nontransferable tralia, Brunei, Indonesia, Japan, Ma- transportation ticket bearing a con- laysia, Nauru, New Zealand, Papua firmed departure date not exceeding New Guinea, Republic of Korea, Singa- fifteen days from the date of admission pore, Solomon Islands, (resi- to Guam; dents thereof who begin their travel in (iv) Is in possession of a completed Taiwan and who travel on direct flights and signed Visa Waiver Information from Taiwan to Guam without an in- Form (Form I–736); termediate layover or stop except that (v) Waives any right to review or ap- the flights may stop in a territory of peal the immigration officer’s deter- the United States enroute), the United mination of admissibility at the port of Kingdom (including the citizens of the entry at Guam; and colony of ), Vanuatu, and (vi) Waives any right to contest any Western Samoa. The provision that action for deportation, other than on flights transporting residents of Tai- the basis of a request for asylum. wan to Guam may stop at a territory of (2) An alien is eligible for the waiver the United States enroute may be re- provision if all of the eligibility cri- scinded whenever the number of inad- teria in paragraph (e)(1) of this section missible passengers arriving in Guam have been met prior to embarkation who have transited a territory of the and the alien is a citizen of a country United States enroute to Guam exceeds that: 20 percent of all the inadmissible pas- (i) Has a visa refusal rate of 16.9% or sengers arriving in Guam within any less, or a country whose visa refusal consecutive two-month period. Such rate exceeds 16.9% and has an estab- rescission will be published in the FED- lished preinspection or preclearance ERAL REGISTER. program, pursuant to a bilateral agree- (ii) For the purposes of this section, ment with the United States under the term citizen of a country as used in

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8 CFR 212.1(e)(1) when applied to Tai- the provisions of section 238(d) of the wan refers only to residents of Taiwan Act on Form I–426 to insure such im- who are in possession of Taiwan Na- mediate and continuous transit tional Identity Cards and a valid Tai- through, and departure from, the wan passport with a valid re-entry per- United States en route to a specifically mit issued by the Taiwan Ministry of designated foreign country: Provided, Foreign Affairs. It does not refer to That such alien is in possession of a any other holder of a or documents estab- or a passport issued by the People’s Re- lishing his/her identity and nationality public of . and ability to enter some country (4) Admission under this section ren- other than the United States. ders an alien ineligible for: (2) Unavailability to transit. This waiv- (i) Adjustment of status to that of a er of passport and visa requirement is temporary resident or, except under not available to an alien who is a cit- the provisions of section 245(i) of the izen of Afghanistan, Angola, Ban- Act, to that of a lawful permanent resi- gladesh, Belarus, Bosnia-aherzegovina, dent; Burma, Burundi, Central African Re- (ii) Change of nonimmigrant status; public, People’s Republic of China, Co- or lombia, Congo (Brazzaville), Cuba, (iii) Extension of stay. India, Iran, Iraq, Libya, Nigeria, North (5) A transportation line bringing Korea, Pakistan, Serbia, Sierra Leone, any alien to Guam pursuant to this Somalia, Sri Lanka, and Sudan. section shall: (3) Foreign government officials in tran- (i) Enter into a contract on Form I– sit. If an alien is of the class described 760, made by the Commissioner of the in section 212(d)(8) of the Act, only a Immigration and Naturalization Serv- valid unexpired visa and a travel docu- ice in behalf of the government; ment valid for entry into a foreign (ii) Transport only an alien who is a country for at least 30 days from the citizen and in possession of a valid date of admission to the United States passport of a country enumerated in are required. paragraph (e)(3) of this section; (g) Unforeseen emergency. A non- (iii) Transport only an alien in pos- immigrant seeking admission to the session of a round-trip, nontransferable United States must present an unex- transportation ticket: pired visa and a passport valid for the (A) Bearing a confirmed departure amount of time set forth in section date not exceeding fifteen days from 212(a)(7)(B) of the Act or a valid bio- the date of admission to Guam, metric border crossing card, issued by (B) Valid for a period of not less than the DOS on Form DSP–150, at the time one year, of application for admission, unless the (C) Nonrefundable except in the coun- nonimmigrant satisfies the require- try in which issued or in the country of ments described in one or more of the the alien’s nationality or residence, paragraphs (a) through (f),(i) or (o) of (D) Issued by a carrier which has en- this section. Upon a nonimmigrant’s tered into an agreement described in application on Form I–193, Application part (5)(i) of this section, and for Waiver of Passport and/or Visa, a (E) Which the carrier will uncondi- district director may, in the exercise of tionally honor when presented for re- his or her discretion, on a case-by-case turn passage; and basis, waive the documentary require- (iv) Transport only an alien in pos- ments if satisfied that the non- session of a completed and signed Visa immigrant cannot present the required Waiver Information Form I–736. documents because of an unforeseen (f) Direct transits—(1) Transit without emergency. The district director or the visa. A passport and visa are not re- Deputy Commissioner may at any time quired of an alien who is being trans- revoke a waiver previously authorized ported in immediate and continuous pursuant to this paragraph and notify transit through the United States in the nonimmigrant in writing to that accordance with the terms of an agree- effect. ment entered into between the trans- (h) Nonimmigrant spouses, fiance´es, portation line and the Service under fiance´s, and children of U.S. citizens.

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Notwithstanding any of the provisions (l) Treaty traders and investors. Not- of this part, an alien seeking admission withstanding any of the provisions of as a spouse, fiance´e, fiance´, or child of this part, an alien seeking admission as a U.S. citizen, or as a child of the a treaty trader or investor under the spouse, fiane´, or finace´e of a U.S. cit- provisions of Chapter 16 of the North izen, pursuant to section 101(a)(15)(K) American Free Trade Agreement of the Act shall be in possession of an (NAFTA) pursuant to section unexpired nonimmigrant visa issued by 101(a)(15)(E) of the Act, shall be in pos- an American consular officer session of a nonimmigrant visa issued classifying the alien under that sec- by an American consular officer tion, or be inadmissible under section classifying the alien under that sec- 212(a)(7)(B) of the Act. tion. (m) Aliens in S classification. Notwith- (i) Visa Waiver Pilot Program. A visa is standing any of the provisions of this not required of any alien who is eligi- part, an alien seeking admission pursu- ble to apply for admission to the ant to section 101(a)(15)(S) of the Act United States as a Visa Waiver Pilot must be in possession of appropriate Program applicant pursuant to the pro- documents issued by a United States visions of section 217 of the Act and consular officer classifying the alien part 217 of this chapter if such alien is under that section. a national of a country designated (n) Alien in Q–2 classification. Not- under the Visa Waiver Pilot Program, withstanding any of the provisions of who seeks admission to the United this part, an alien seeking admission as States for a period of 90 days or less as a principal according to section a visitor for business or pleasure. 101(a)(15)(Q)(ii) of the Act must be in (j) Officers authorized to act upon rec- possession of a Certification Letter ommendations of United States consular issued by the Department of State’s officers for waiver of visa and passport re- Program Administrator documenting quirements. All district directors, the participation in the Irish peace process officers in charge are authorized to act cultural and training programs. upon recommendations made by United (o) Alien in T–2 through T–4 classifica- States consular officers or by officers tion. Individuals seeking T–2 through of the Visa Office, Department of T–4 nonimmigrant status may avail State, pursuant to the provisions of 22 themselves of the provisions of para- CFR 41.7 for waiver of visa and pass- graph (g) of this section, except that port requirements under the provisions the authority to waive documentary of section 212(d)(4)(A) of the Act. The requirements resides with the Service District Director at Washington, DC, Center. has jurisdiction in such cases rec- (Secs. 103, 104, 212 of the Immigration and ommended to the Service at the seat of Nationality Act, as amended (8 U.S.C. 1103, Government level by the Department 1104, 1132)) of State. Neither an application nor fee are required if the concurrence in a [26 FR 12066, Dec. 16, 1961] passport or visa waiver is requested by EDITORIAL NOTE: For FEDERAL REGISTER ci- a U.S. consular officer or by an officer tations affecting § 212.1, see the List of CFR of the Visa Office. The district director Sections Affected, which appears in the Finding Aids section in the printed volume or the Deputy Commissioner, may at and on GPO Access. any time revoke a waiver previously authorized pursuant to this paragraph § 212.2 Consent to reapply for admis- and notify the nonimmigrant alien in sion after deportation, removal or writing to that effect. departure at Government expense. (k) Cancellation of nonimmigrant visas (a) Evidence. Any alien who has been by immigration officers. Upon receipt of deported or removed from the United advice from the Department of State States is inadmissible to the United that a nonimmigrant visa has been re- States unless the alien has remained voked or invalidated, and request by outside of the United States for five that Department for such action, im- consecutive years since the date of de- migration officers shall place an appro- portation or removal. If the alien has priate endorsement thereon. been convicted of an aggravated felony,

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