BRIEF DESCRIPTION: The beneficiary
is a nonimmigrant who at the time of application for admission is not in
possession of a passport valid for a minimum of six months from the date
of the expiration of the authorized stay.
Under INA 212(a)(7). Documentation requirements.
Under INA 212(a)(7)(B). Nonimmigrants.
Under INA 212(a)(7)(B)(i). In general.
Under INA 212(a)(7)(B)(i)(I). Passport.
of the expiration of the authorized stay
FILING DATE RESTRICTIONS: None.
1. General waiver. Under INA 212(d)(4)
Under the clause B, the following aliens are exempt from visa and passport
on the basis of unforeseen emergency in individual cases, or
on the basis of reciprocity with respect to nationals of foreign contiguous
territory or of adjacent islands and residents thereof having a common
nationality with such nationals, or
in the case of aliens proceeding in immediate and continuous transit through
the U.S. under contracts.
visa K-1, E-1/E-2):
This waiver is authorized by INS and U.S. DOS, acting jointly.
Landed immigrants of Canada having British commonwealth citizenship.
2. Guam visa waiver. Under INA 212(l)(1)
This waiver is authorized by INS, U.S. DOS, and the U.S. Department
of Interior, acting jointly, after
consultation with the Governor of Guam, if:
1. Under INA 212(l)(1)(1) – Alien is applying:
for admission as a nonimmigrant visitor for business or pleasure,
solely for entry into and stay on Guam, and
for a period not to exceed fifteen days,
an adequate arrival and departure control system has been developed on
such a waiver does not represent a threat to the welfare, safety, or security
of the United States or its territories and commonwealths.
2. Under INA 212(l)(1)(2) – Alien has waived
Under INA 212(l)(1)(3) – If adequate appropriated
funds to carry out removal of the alien are not otherwise available, INS
is authorized to accept from the Government of Guam such funds as may be
tendered to cover all or any part of the cost of administration and enforcement
of this subsection.
to review or appeal under INA of an immigration officer's determination
as to the admissibility of the alien at the port of entry into Guam, or
to contest, other than on the basis of an application for asylum, any action
for removal of the alien.
3. VWP waiver. Under INA 217 – Waiver is
authorized for visitors entering under Visa Waiver
Permanent Program, formerly Visa Waiver Pilot Program (VWP).
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