Inspector's Field Manual - Gani

Inspector's Field Manual
Ireland, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Namibia, Nauru, New
Zealand, Nigeria, Papua New Guinea, Pakistan, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore,
Solomon Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Uganda, United
Kingdom (including colonies, territories and dependencies such as Hong Kong), Western Samoa, Zambia, and
Zimbabwe. The waiver is not available to the bearer of a Certificate of Identity or other "stateless person'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 subjects and their families attached to various Canadian
and British government organizations in Canada, including the military, though not "landed immigrants" may
be regarded as residents 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). Such persons
must present evidence of Canadian citizenship or proof of landed immigrant status (a valid passport or, if not
traveling outside the Western Hemisphere, an expired passport).
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 U.S. 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 41.33, in lieu of a B-1/B-2 nonimmigrant visa, in a passport issued by the government of the country of
his or her nationality or a certificate of identity, whether valid or expired, which contains evidence of status as a
"Landed Immigrant" in Canada [See also Chapter 15.9].
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 U.S. but who did not disembark from the aircraft and continued in direct
transit on board the aircraft to the U.S. is considered to be "arriving directly" as required by 8 CFR 212.1(a).
(h) Adjacent Islands. This term is defined in section 101(b)(5) of the Act. Cuba is excluded only when the
specific reference so states. For purposes of 8 CFR 212 only, the term includes both Surinam and French Guiana.
15.4 Requirements and Procedures for Nonimmigrant Classes.
Each nonimmigrant class has specific restrictions and requirements. Below is a summary of the specific
requirements for each. Specific definitions for nonimmigrant classes are included in section 101(a)(15) of the
Act, and limited by sections 212(m) and (n) and 214 of the Act.
(a) Foreign government officials.
(1) Classification: A-1 Ambassador, public minister, career diplomatic or consular officer, and
members of the immediate family. See also section 102 of the Act.
Documents required: Passport valid only to date of application for admission. Nonimmigrant visa (A-1).
Qualifications: Must be an individual listed in the general description. Inadmissible only under section
212(a)(3)(A), (B), or (C) of the Act. See section 102 of the Act.
Terms of admission: Admit A-1 for Duration of Status.
Notations on I-94: A-1, D/S
Special notes:
(A) Presumption of eligibility. Presentation of an A-1 visa is prima facie evidence that the alien is
entitled to that status.
(B) Dependents. For A-1 nonimmigrants, dependents are entitled to the same classification as the
principal. "Dependents" include more than just the spouse and children. See definition of "Immediate family" in
22 CFR 41.21. Dependent employment may be authorized under 8 CFR 274a.12(c) and 214.2(a).