Inspector's Field Manual - Gani

Inspector's Field Manual
Chapter 11: Persons Exempt Inspection.
References:
INA: Sections 235, 284, 289.
Regulations: 8 CFR 235, 289; 22 CFR 41.
11.1 Inspection and Examination.
Section 235 of the Act provides for the examination of all persons seeking to enter the U.S. by an immigration
officer. Once determined not to be a citizen, the applicant will be inspected as an alien. There are, however,
certain classes of aliens who are specifically exempt inspection and may not be excluded from the United States.
11.2 Members of U.S. and NATO Armed Forces.
Alien members of the U.S. military and NATO forces from member nations signatory to Article III of the Status
of Forces Agreement entering under official orders are exempt the controls of the INA, pursuant to 8 CFR
235.1(c), including the requirement to present a passport and visa [See also section 284 of the INA.]. Such persons
returning to the U.S. after a temporary trip are also eligible for this exemption without presenting any official
orders. A member of the NATO forces with valid identification, stationed in Canada, seeking to enter the U.S.
for personal reasons may be paroled into the U.S., and no I-94 will be required. Upon request, members of these
groups may be inspected and admitted pursuant to other provisions of the Act. However, if found inadmissible
for any other reason, the applicant will be so advised and permitted to enter without controls.
The following countries are signatory to Article III: Belgium, Canada, Denmark, France, Germany, Greece, Italy,
Luxembourg, the Netherlands, Norway, Portugal, Spain, Turkey, the United Kingdom of Great Britain and
Northern Ireland, and the United States.
Members of the military from other countries are not exempt inspection. If a joint waiver has not been arranged
in advance between INS and State Department officials, the inspecting immigration officer shall admit such
military personnel in A-2 classification if the officer is satisfied they fall within the provisions of 22 CFR 41.2(j),
relating to visa waivers and 41.26, relating to diplomatic visas. Forms I-94, I-193 and fee shall not be required
for groups who will depart together after a short visit, on the vessel or aircraft on which they arrived.
11.3 American Indians Born in Canada.
An American Indian born in Canada, with 50% American Indian blood, cannot be denied admission to the
United States. The applicant bears the burden of proof in establishing eligibility. Usually, this is accomplished
by presenting identification such as a tribal certification that is based on reliable tribal records, birth
certificates, and other documents establishing the requisite percentage of Indian blood. The Canadian Certificate
of Indian Status (Form IA-1395) issued by the Canadian Department of Indian Affairs in Ottawa specifies the
tribal affiliation but does not indicate percentage of Indian blood. Membership in an Indian tribe in Canada
does not necessarily require Indian blood. Once the claim to 50% Indian blood has been established, the
applicant can freely enter the U.S., regardless of the purpose or duration of the trip, even if technically excludable
or previously deported.
If such person is entering to reside permanently in the U.S., Form I-181, Memorandum of Creation of Record of
Admission for Lawful Permanent Residence, must be executed. The words "Canadian-born American Indian
admitted for permanent residence" must be endorsed on the I-181. Under the box marked "Other Law" indicate
section 289 of INA. Complete Form I-89, Data Collection Card, including fingerprint , proper photograph, and
other required data. The admission classification is S13. An "A" file may be created at the port-of-entry and
forwarded to the district office for data entry into Central Index or the I-181 and I-89 may be forwarded