\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 212 Documentary requirements: Nonimmigrants; waivers; admission of certain inadmissible aliens; parole. \ OI 212.1 Nonimmigrant documentary waivers.
OI 212.1 Nonimmigrant documentary waivers.
Members of United States Armed Forces and Forces of NATO countries.
Since alien members of the United States Armed Forces and members of the forces of NATO countries entering the United States under orders are not subject to immigration control, they need not be inspected nor are they required to present passports or visas. For the procedures followed when alien in either of these classes request inspection as an alien, see 8 CFR
Aliens residing in Canada or Bermuda.
The waiver of passport and visa requirements provided by
8 CFR 212.1(a)
is applicable to citizens of the following countries: Australia, Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, Gambia, Ghana, Grenada, Guyana, India, Ireland, jamaica, Kenya, Losotho, Malawi, Malaysia, Malta, Mauritius, Naura, New Zealand, Nigeria, Papua New Guinea, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Uganda, United Kingdom, (including colonies, territories, and dependencies, such as Hong Kong,
Bermuda, Belize, etc., Western Samoa, Zambia, Zimbabwe. The waiver is not available to the bearer of a Certificate of Identity or other "stateless persons's" document issued by the governments of the above countries as such person is not considered a national of the country that issued the document.) In addition, British subject and their families attached to various Canadian and British government organizations in Canada, including the military, though not "landed immigrants" may be regarded as resident
s of Canada. All foreign trainees in Canada under the auspices of the International Development Assistance
Programme will have in their possession an identity card issued by the Canadian International Development Agency. Students or trainees who are nationals of the countries named above may be admitted upon presentation of a valid identity card and a passport (for identification purposes). (Revised)
A "Landed Immigrant" in Canada who does not qualify for the waiver of passport and visa requirements provided by
8 CFR 212.1(a)
who seeks admission from Canada, or from Mexico if he has visited no countries other than Mexico and the United States since departing Canada, as a visitor for business or pleasure may be admitted on presentation of a Canadian border crossing identification card issued by an American consular officer pursuant to 22 CFR 41.129, in lieu of a B nonimmigrant visa, in a passport issued by the government of the country of his nationality or a certificate of identity, whether valid or expired, which contains evid
ence of status as a "Landed Immigrant" in Canada.
An alien arriving from the Cayman Islands or the Turks and Caicos Islands on a flight which stopped at a foreign place while en route to the United States but who did not disembark from the aircraft and continued in direct transit on board the aircraft to the United States, shall be considered to be "arriving directly" as required by 8 CFR
Except for a K nonimmigrant, who must be visaed, the provisions of 8 CFR
apply irrespective of the alien's classification upon admission or extension.
An alien who has been admitted to Puerto Rico or the Virgin Island pursuant to
8 CFR 212.1(b)
and who has an emergent and meritorious reason for visiting the continental United States may be authorized to do so. The reverse of the aliens's Form I-94 shall be noted that permission has been granted to proceed to the continental United States pursuant to the proviso of
8 CFR 212.1(b)
For the purposes of
8 CFR 212
only the term "adjacent islands" includes French Guiana and Surinam.
Waivers for alien crewmen.
For special procedures relating to section
212(d) (4) (A)
visa and for passport waivers for alien crewmen and crew list visa waivers see
Citizens of the Freely Associated States who were formerly citizens of the Trust Territory of the Pacific Islands.
With enactment of P.L. 99-239, Compact of Free Association, citizens of the Marshall Islands and, the Federated States of Micronesia are eligible to enter, reside, work and join the armed forces of the United States, while remaining in nonimmigrant status. Upon presentation of a Trust Territory passport, which will be honored pending issuance of travel documents by the newly formed governments, each applicant for admission will be issued Form I-94 annotated as follows: Forms I-94 issued to citizens of
the Marshall islands will be stamped with the admission stamp followed by the notation CFA/MIS. For citizens of the Federated States of Micronesia the notation will be CFA/FSM. for record keeping and reporting purposes, all such I-94's will be entered into the Nonimmigrant Information System (NIIS). (Added TM 1/87)
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