Inspector's Field Manual - Gani

Inspector's Field Manual
and attaching a photograph) and issued at the time of the alien's actual removal from then United States.
Although an alien admitted under the VWPP program is not entitled to a hearing before an immigration judge,
one 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 removal, and then use Form I-863, Notice of Referral
to Immigration Judge, checking Box #3 and the appropriate category within that paragraph, to refer the alien to
the judge for the asylum hearing. Place the alien in Service custody pending the asylum hearing.
(j) Special Notes.
(1) British Passports. Only British citizens with unrestricted right of abode in the United Kingdom are
eligible for VWPP admission. If the national status block on the data page of the passport is endorsed "British
citizen" the holder is eligible for the program. If the national status block is endorsed "British Subject: Citizen of
the United Kingdom and Colonies," page five must be endorsed "Holder has the right of abode in the United
Kingdom" in order to qualify for the VWPP program. If the notation "British Subject: Citizen of the United
Kingdom and Colonies" is crossed out, page five, or another referenced page must have the endorsement
"National Status: British citizen" in order to qualify for VWPP admission.
New machine-readable, burgundy -colored, British passports qualify for VWPP admission if the words
"European Community" appear at the top of the cover page and the nationality on page 4 is endorsed "British
Citizen."
(2) Japanese Passports. Since Japanese passports are issued solely to nationals of Japan, all Japanese
passports qualify for VWPP purposes.
(3) German Passports. Since the reunification of East and West Germany, identity and travel
documents issued by the German Democratic Republic (GDR) are recognized as valid travel and identity
documents by the Federal Republic of Germany and qualify for VWPP purposes. GDR identity and provisional
identity documents do not show that the bearer has the right to return to Germany, therefore, they do not qualify
for VWPP purposes.
(4) Crewmembers in Transit. Alien crewmembers traveling as passengers, "deadheading"
crewmembers, and seamen with letters indicating they are joining a vessel docked in the U.S. are eligible for
VWPP admission as business visitors.
(5) Prior Deportees Ineligible. Aliens inadmissible under section 212(a)(9)(A)(i) or (9)(A)(ii),
regardless of whether they have received permission to reapply from the Attorney General, are not eligible for
VWPP admission. Such persons must apply for a visa during the relevant period barring readmission specified
in the Act.
15.8 Guam Visa Waiver Program.
(a) General Description. The Guam Visa Waiver Program (GWVP) is found in Section 212(l) of the Act. It was
created by Section 14 of Public Law 99-396 (Aug. 27, 1986). Regulations pertaining to the Guam Visa Waiver
Program are found in 8 CFR 212.1(e). The program allows nationals of designated countries to be admitted to
Guam for 15 days for business or pleasure with their stay restricted to the Territory of Guam only. Carriers
must sign a separate agreement, Form I-760, to transport applicants under the GVWP. The GVWP is also
distinguished from the VWPP in that a prior violation of the program does not make one ineligible in the future.
Prior to enactment of section 245(i) of the Act in 1994, adjustment of status was prohibited. Section 245(i)
provided for the adjustment of status of GVWP aliens.
Applicants for admission from a country included in both the GVWP and the VWPP will be inspected under the
program determined by the documentation they present.
(b) Documents Required. A GVWP applicant must have a passport valid for 6 months beyond the period of
intended stay, a return-trip ticket, a completed form I-736, and a completed Form I-94.
(c) Processing Procedures. Check Form I-736 and Form I-94 for completeness and make sure Form I-736 has
been signed. If inspection determines the applicant is admissible, endorse the I-94 with the proper class of
admission: GB for nonimmigrant visitor for business or GT for nonimmigrant visitor for pleasure. The period of