G Visas and its requirements.
INA §101(a)(15)(G), 8 U.S.C. §1101(a)(15)(G), 9 FAM 41.24:
- The authority for the G visa is the International Organizations Immunities Act, 22 U.S.C. §28
- It provides for five categories with respect to the G visa and they are as follows:
- G-l is for principal resident representative, family and staff (of any rank, including clerical and custodial employees, so long as they are assigned on "resident basis"). G-1s are for members of a permanent mission of a recognized government. 9 FAM 41.24 N.1 . The foreign government has U.S. de jure recognition. If G-1 to G-4 seek entry to go to UN or any other international organization they are only subject to certain security grounds of inadmissibility INA §212(a)(3)(A) -(C). If they are inadmissible on these grounds they may seek an advisory opinion to permit admission. 9 FAM 41.24 N.2.3 . G-l--G-4 are in duration of status so long as DOS recognizes credentials. 8 C.F.R. §214.2(g)(1).
- G-2 visa is for representatives of a recognized government and their immediate family. Military officers assisting the UN with peacekeeping matters. Attendees of course at IMF and World Bank. Other accredited representatives and immediate family.
- G-3 is for G-l/G-2 from government without de jure recognition from U.S. ; or Nonmember country of international organization.
- G-4 is for officers and employees of international organization and immediate family. Includes "personnel of any rank." 9 FAM 41.24 N.1(4). There is a special expeditious treatment to U.N. reps. because U.S. host country possible. 9 FAM 41.24 N.3.1. G-4 are only inadmissible under certain security grounds, INA §102, 8 U.S.C. §1102. Sons and daughters, widows and retirees in G-4 status can apply for permanent residence as "special immigrants." INA §101(a)(27)(I), 8 U.S.C. §1101(a)(27)(I). G-4s include officers and employees of INTELSAT who worked for the company prior to its privatization as long as they either held G-4 status and were employed by INTELSAT for at least 6 months prior to privatization on July 17, 2001 or held G-4 status and were employed by a successor or separated entity of INTELSAT after 6 months of employment. Immediate family members are also covered but attendants, servants and person employees of officers and employees are not. 22 C.F.R. §41.24(a)(2) and (c). e. G-5 is for attendants, servants and personal employees of G-l to G-4. They are subject to exclusion on all grounds. They may be admitted for 3 years, plus renewals in increments of 2 years, but extensions must be accompanied by a letter from his or her employer describing G-5’s work. 8 C.F.R. §214.2(g)(1) .
General criteria to obtain a G status are:
- If person is eligible for both A and G (i.e., foreign diplomat conducting business for government and also attending organization) will be given an A visa. 22 C.F.R. §41.24(b)(3)
- If person is G and has another nonimmigrant visa will be given G-status.
- Admission on G subject to DOS credential approval.
- Visa usually issued upon international organization’s request.
- Not required to have domicile abroad as with other nonimmigrant visas. Can establish intent to reside in the U.S. Elkins v. Moreno , 435 U.S. 647 (1978)
- If consular officer issues incorrect visa and DHS grants c/s to correct visa the U.S. Mission at the U.N. can reissue the correct A or G visa. 9 FAM 41.24 N.16.
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