Pt. 212 8 CFR Ch. I (1–1–03 Edition) 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 nationality 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 passport 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, Jamaica, 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 United States passport 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 234 VerDate Jan<31>2003 11:55 Mar 17, 2003 Jkt 200025 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Y:\SGML\200025T.XXX 200025T Immigration and Naturalization Service, Justice § 212.1 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 Mexico 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- Mexican passport 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. 235 VerDate Jan<31>2003 11:55 Mar 17, 2003 Jkt 200025 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 Y:\SGML\200025T.XXX 200025T § 212.1 8 CFR Ch. I (1–1–03 Edition) (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.