Inspector's Field Manual - Gani

Inspector's Field Manual
have a valid agreement of Form I-775 may transport VWPP applicants for air or seaport admissions. Private
or corporate aircraft or yachts do not qualify. The VWPP carrier agreements are discussed in Chapter 42. A list
of carriers with agreements is included as Appendix 42-2. By signing the agreement, a carrier agrees to remove
(from the original port-of-entry in the U.S.) any refused VWPP applicant or any VWPP-admitted alien who
subsequently violates status.
(b) Documents Required. A VWPP applicant must have a passport valid for 6 months beyond the period of
intended stay, a return-trip ticket or other authorized voucher or pass and a completed Form I-94W. An alien
with an expired passport is ineligible for VWPP admission. If a waiver is granted, the waiver should include
both passport and appropriate nonimmigrant visa.
(c) Processing Procedures. Business visitors applying under this program are admitted "WB" and visitors for
pleasure and transits are admitted "WT". Conditions for admission are specified in section 217 of the Act and 8
CFR part 217. All VWPP admissions are for 90 days unless the applicant's travel document is valid for a lesser
period. Review the Form I-94W presented by the applicant to insure it is complete and legible, that all questions
have been answered and that the form is signed. Inspection of the return ticket by the primary officer is not
ordinarily required. Questioning to determine admissibility should be no different than for other B-1/B-2 visa
holders. Note the I-94 with WB or WT, as appropriate and the date to which admitted (90 days from the
admission date). Stamp the passport with the admission stamp and admission class.
(d) Land Border Arrivals. A VWPP applicant may apply for admission at a land border. The applicant must
complete and sign the I-94W. No carrier is involved, so no return ticket is required, but the applicant must
satisfy the inspecting officer that he or she maintains a foreign residence and has sufficient financial resources
for the visit.
(e) Refusals. Aliens who attempt entry under the VWPP, but are found inadmissible by the inspecting officer,
are removed from the U.S. without further administrative hearing, unless they seek asylum. The port director or
officer-in-charge, or an officer acting in that capacity, has the authority to order removal of a VWPP applicant.
Because the inspecting officer's decision is, as a practical matter, final, you must exercise particular care to
ensure removals are handled fairly and thoroughly documented. The program is still considered a pilot
program and the conduct of the Service in administering it is closely monitored. VWPP asylum claimants are
counted statistically as refusals, even though they are paroled pending adjudication of their claim.
Ensure the I-94W for a refused VWPP applicant is completed and signed. If the alien declines to sign the I-94W,
he or she is not considered a VWPP applicant. In that case, follow procedures outlined in Chapter 17.6, for
institution of removal proceedings. In addition, prepare a memorandum of facts for institution of fine
proceedings against the carrier, as described in Chapter 43.3
During the course of the inspection of an alien who presents him/herself as a VWPP applicant, if you determine
that the alien is not, in fact, a national of a qualifying country (i.e., the alien is an impostor), you should institute
removal proceedings in accordance with Chapter 17.6 and 17.15, as appropriate.
If the alien has signed the I-94W, open an "A" file and take a sworn statement to establish inadmissibility.
Complete Form I-275, checking the box for VWPP refusal and recording all information about the alien and the
reasons for refusal. Endorse the inside of the back cover of the passport with "8 CFR 217.4(b)", the file number,
date and port code. Endorse both portions of the I-94W "refused," and the applicable INA section; line stamp or
enter the date, port and your stamp number. Also note the departure flight information in the admission block.
Enter the reason for refusal in block 13 of the form. Provide the alien a copy of the sworn statement and a copy of
the I-94W, free of reference to any lookout intercept. Prepare and serve Form I-259, Notice to Detain, Remove
or Present Aliens, on the responsible carrier to remove the alien. Prepare a lookout request as described in
Chapter 31.5. Forward the arrival section of the I-94W for data entry. Photocopy the cover, data page and any
other relevant passport pages, as well as any other relevant materials. Distribute copies of all these materials to
the "A" file, consular post having jurisdiction over the alien's permanent residence and the port-of-entry file.
Ports are required to maintain records of VWPP refusals for 1 year. Three sets of fingerprints on Form FD-249
should be collected if the refusal is based on fraud or criminal grounds.
A VWPP applicant is not entitled to a hearing before an immigration judge, but a VWPP applicant who seeks
asylum must be referred to an immigration judge for a limited asylum hearing under 8 CFR 208.2(b). Complete
the procedures above as for any VWPP refusal, and then use Form I-863, Notice of Referral to Immigration Judge,