9 FAM 102
Visas overview
9 FAM 102.1
Introduction to Visas (what is a visa?)
(CT:VISA-314; 03-31-2017)
(Office of Origin: CA/VO/L/R)
9 FAM 102.1-1 purpose of a visa
(CT:VISA-1; 11-18-2015)
A citizen of a foreign country who seeks to enter the
United States generally must first obtain a U.S. government-issued visa, which
is placed in the travelers passport, a travel document issued by the
travelers country of citizenship. Certain international travelers may be
eligible to travel to the United States without a visa if they meet the
requirements for visa-free travel (see 9 FAM 201.1).
Having a U.S. government-issued visa allows the visa holder to travel to a U.S.
port of entry, airport, or land border crossing, and request permission of the
Department of Homeland Security (DHS), Customs and Border Protection (CBP)
inspector to enter the United States.
9 fam 102.1-2 Process to obtain a
visa
(CT:VISA-1; 11-18-2015)
The type of visa an applicant must obtain is defined by
U.S. immigration law, and relates to the purpose of travel. There are two main
categories of U.S. visas: nonimmigrant visas (NIVs), for temporary travel, and
immigrant visas (IVs), for travel to live permanently in the United States.
For nonimmigrant visa applicants, there are several steps to apply for a visa.
The order of these steps and how to complete them may vary at the U.S. embassy
or consulate, but most nonimmigrant visa applicants will need to complete an
online Form DS-160, Nonimmigrant Visa Application, upload a photograph with the
application, schedule an interview, provide biometrics, and be interviewed. In
general, to be eligible to apply for an immigrant visa, a foreign citizen must
be sponsored by a U.S. citizen relative, U.S. lawful permanent resident, or by
a prospective employer, and be the beneficiary of an approved petition filed
with U.S. Citizenship and Immigration Services (USCIS).
9 FAM 102.1-3 Traveling to the
united States with a visa
(CT:VISA-1; 11-18-2015)
While having a visa does not guarantee entry to the United
States, it does indicate a consular officer has determined the U.S. visa holder
is eligible to seek entry for that specific purpose. DHS/CBP inspectors are
responsible for admission of travelers to the United States, for a specified
status and period of time. DHS also has responsibility for immigration matters
while the visa holder is present in the United States.
9 FAM 102.1-4 Entry into areas
under u.s. administration
9 FAM 102.1-4(A) Statutory and
Regulatory Authority
9 FAM 102.1-4(A)(1) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(38) (8 U.S.C. 1101(a)(38).
9 FAM 102.1-4(A)(2) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
8 CFR 212.1; 22 CFR 40.3.
9 FAM 102.1-4(A)(3) Public
Laws
(CT:VISA-1; 11-18-2015)
Consolidated Natural Resources Act of 2008, Title VII,
Public Law No. 110-229.
9 FAM 102.1-4(A)(4) Other
Sources
(CT:VISA-1; 11-18-2015)
A.C.S.A. 41.0502 (American Samoa Code Annotated).
9 FAM 102.1-4(B) American Samoa
(CT:VISA-1; 11-18-2015)
a. According to administrative regulations of the
Government of American Samoa (A.C.S.A. 41.0502 (American Samoa Code
Annotated)), aliens may disembark in American Samoa for visits of less than 30
days provided they have:
(1) A valid passport or other valid travel document
issued by a competent authority authorizing return to the country of origin or
to some other country;
(2) A round-trip ticket to travel to the aliens point
of origin or to an onward destination; and
(3) Comply with any current requirements of the public
health officer.
b. Aliens desiring to remain for 30 days or longer must
register and obtain advance permission to enter from the immigration
authorities of American Samoa. Such applicants must also include in the
documentation of their date and place of entry; activities in which they intend
to engage; the length of time expected to remain in American Samoa; and, any
police and criminal record. Approval to remain in the territory is granted in
30-day increments only.
9 FAM 102.1-4(C) Guam and the
Commonwealth of the Northern Mariana Islands (CNMI)
(CT:VISA-1; 11-18-2015)
Since Guam is a part of the United States as defined in
INA 101(a)(38), aliens proceeding to Guam must possess a valid visa, unless
they qualify under the Guam-CNMI Visa Waiver program (8 CFR 212.1(q)), which
also applies to aliens proceeding to the CNMI. Navy clearance is not required
for entry into the area. However, cases should be submitted to the Department
for action for aliens who desire, but are ineligible under INA 212(a)(3) to
enter Guam and who request a waiver under INA 212(d)(3)(A) or are recommended
by a United States consular officer for such waiver. The Department may advise
the Department of Defense, if appropriate.
9 FAM 102.1-4(D) Commonwealth
of Northern Mariana Islands (CNMI)
(CT:VISA-172; 09-12-2016)
Public Law 110-229 of May 2008 amended the INA to include
the CNMI in the definition of the United States for immigration purposes.
However, 48 U.S.C. 1806(a)(2) provides for
a transition period ending on December 31, 2019 in order to provide time to
implement this provision.
9 FAM 102.1-4(E) Wake Island
and Midway Island
(CT:VISA-1; 11-18-2015)
a. Wake Island: Wake Island is
generally not open to visitors and is used by the U.S. Federal Government only;
they manage the island.
b. Midway Island: Midway
Island is an unincorporated territory of the United States and is owned and is
administered by the U.S. Fish & Wildlife Service (Executive Order 13022,
signed in 1996). Visitors are common to the island now and there is a tourist
presence there.
9 FAM 102.1-5 Departure from the
United States
(CT:VISA-314; 03-31-2017)
a. Need to Ensure Departure from
United States Recorded:
(1) As of October 2010, CBP automated the Form I-94W
and as of May 2013, CBP automated Form I-94 in the air and sea environment.
Paper I-94 and I-94W may be issued in the air and sea environment under special
circumstances and are still used at land border ports of entry. If a traveler
returns home with their Department of Homeland Security (DHS) Customs and
Border Protection (CBP) Form I-94 (white) or Form I-94-W (green) in their
passport, it is possible that their departure was not recorded properly.
(2) If the traveler departed by a commercial air or
sea carrier (airlines or cruise ships), their departure from the United States
can be independently verified, and it is not necessary to take any further
action, although holding on to the outbound (from the United States) boarding
pass - if they still have it - can help facilitate their reentry to the United
States.
(3) If the traveler departed by land, private vessel,
or private plane, they will need to take steps to correct the record. If the
traveler does not validate a timely departure from the United States or cannot
reasonably prove they departed within the time frame given when they entered
the United States, the next time they apply for admission to the United States,
DHS CBP may conclude they remained in the United States beyond their authorized
stay. Their visa may be subject to cancellation or the traveler may be
returned immediately to their foreign point of origin.
(4) Under the Visa Waiver Program (VWP), visitors who
remain beyond their permitted stay in the United States cannot reenter the
United States in the future without obtaining a visa from a U.S. Consulate. If
the traveler is a Visa Waiver Program visitor who traveled by land to either
Canada or Mexico for an onward flight, it is particularly important for them to
register their timely departure if their green I-94W was not taken when they
exited the United States. If they fail to do so and arrive at a U.S.
port-of-entry seeking admission under the Visa Waiver Program without a visa,
CBP officers may order their immediate return to a foreign point of origin.
(5) Note: Not all VWP travelers receive I-94W forms.
VWP travelers crossing the land boarder usually receive the form but air
travelers usually do not. If the traveler is a VWP visitor and left the United
States by an air or sea carrier, their departure is independently verifiable
and they do not need to contact CBP to verify their departure.
b. Recording Departure from the United
States After the Fact:
(1) If the traveler failed to turn in their I-94
Departure Record, they should send it, along with any documentation that proves
they left the United States to:
Coleman Data Solutions or Coleman
Data Solutions
Box 7965 3043
Sanitarium Road, Suite 2
Akron, OH 44306 Akron,
OH 44312
Attn: NIDPS (i-94) Attn:
NIDPS (i-94)
(U.S. Postal Service) (FedEx
or UPS)
(2) Travelers should not mail their departure Form I-94
or supporting information to any Consulate or Embassy, to any other DHS CBP
office in the United States, or to any address other than the one above. Only
at this location is CBP able to make the necessary corrections to its records
to prevent inconvenience to the traveler in the future. The Akron, Ohio office
does not answer correspondence, so the traveler should not ask for confirmation
that their record has been updated.
(3) To validate departure, DHS CBP will consider a
variety of information, including, but not limited to:
(a) Original boarding passes the traveler used to depart
another country, such as Canada, if they flew home from there.
(b) Photocopies of entry or departure stamps in the
travelers passport indicating entry to another country after they departed the
United States (the traveler should copy all passport pages that are not completely
blank, and include the biographical page containing the photograph.)
(c) Photocopies of other supporting evidence, such as:
(i) Dated pay slips or vouchers from an employer to
indicate they worked in another country after they departed the United States;
(ii) Dated bank records showing transactions to
indicate the traveler was in another country after they left the United States;
(iii) School records showing attendance at a school
outside the United States to indicate the traveler was in another country after
they left the United States; or
(iv) Dated credit card receipts, showing the travelers
name, with the credit card number deleted, for purchases made after they left
the United States to indicate they were in another country after leaving the United
States.
(4) The traveler should include a statement in English
to assist CBP in understanding the situation and correcting their records
quickly. The statement will not be acceptable without supporting evidence as
noted above. The traveler must mail legible copies or original materials where
possible. If the traveler sends original materials, they should retain a copy
of the materials. DHS CBP cannot return original materials after processing.