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INA §101(a)(15)(C)
There are different categories with respect to the C-Visa status. This includes C-1, C-2, and C-3.
There are different categories with respect to the C-Visa status. This includes C-1, C-2, and C-3.
First, if an alien is in "immediate and continuous transit through U.S., a -C-l status will be granted. This is used for instance, for crewmen joining ship and businessmen traveling from Belize to Jamaica through U.S.
Specific requirements for the C-1 visa are:
- One must be passing in immediate and continuous transit through U.S. Immediate defined as reasonably expeditious departure in normal course of travel as elements permit and prearranged itinerary assumes. No unreasonable layover privileges are allowed. If one wants to visit friends, etc. a different visa category is needed. 22 C.F.R. §41.71, 9 FAM 41.71 N.1. Be careful, if the C-1 is for a crewmen joining a ship, s/he needs a letter from the shipping company agreeing to pay the cost of removal if necessary. 9 FAM 41.41 N.3.1.
- One must be in possession of a ticket or other assurance of transportation to a destination.
- One must possess sufficient funds for transit.
- One must have permission to enter the third country.
- The period of stay cannot exceed 29 days. 8 C.F.R. §214.2(c)(3)
Includes U.N. transits such as, non de jure and nonmember reps. More specifically people such as Chairman Arafat or U.N. experts are qualified to hold as C-2 status.
Status
Foreign representative passing through U.S. qualifies for C-3 status.
Problems that may occur include:
One is unable to change their visa status. However an adjustment of status can be made if one is to marry a U.S. citizen for example, but not if there one to have:
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Preconceived intent.
- C-1 crewman status.
- Or if one is ineligible for an extension of stay, or employment.
INA §212(d)(4)(C)
The TWOV program as well as the International-to-International (ITI) program, which allowed passengers to transit only from one airport by not leaving the international transit lounge have been suspended in the past by the DHS for security reasons. All person who previously transited through the U.S. under TWOV or ITI are now required to obtain a visa.
However, foreign government officials may continue to transit the U.S.
For persons formerly eligible for TWOV or International-to-International the following rules and procedures applied:
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Waiver of visa under, of persons proceeding in immediate and continuous transit through U.S. on an authorized carrier.
- Requirements:
At port of entry TWOV must establish:
- Otherwise Admissible.
- Confirmed onward reservation to next country.
- Continue journey on same or connecting line within 8 hrs. or next available transport. Cannot change carrier more than 2 times.
- The carrier transporting the person has signed an agreement with the DHS pursuant to INA §233(c);
- The applicant is in route to a specified foreign country
- The applicant possesses documentation establishing identity, nationality, and the ability to enter a country other than the U.S.
3. Other factors:
- Ineligible for: extensions of stay, employment, and adjustment.
- Formerly TWOV was unavailable to citizens and residents of certain countries. For example, Afghanistan, Angola, Bangladesh, Belarus, Bosnia-Herzegovina, Burma, Burundi, Central African Republic, People’s Republic of China, Colombia, Congo (Brazzaville), Cuba, India, Iran, Iraq, Libya, Nigeria, North Korea, Pakistan, Serbia, Sierra Leone, Somalia, Sri Lanka, and Sudan.
- May permit entry on parole or waiver for unforeseen emergency.
- If waiver granted under §212(d)(4)(A) the airline is not subject to a fine.
However, if the person is paroled into the U.S. when not in possession of valid passport or visa, the airline is subject to a fine. |
