9 FAM 402.4
Transit visas C Visas
(CT:VISA-907; 08-01-2019)
(Office of Origin: CA/VO/L/R)
9 fam 402.4-1 statutory and
regulatory citATIONS
9 FAM 402.4-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(15)(C) (8 U.S.C. 1101(a)(15)(C)); INA
212(d)(4)(C) (8 U.S.C. 1182(d)(4)(C)); INA 233 (8 U.S.C. 1223); INA 248 (8
U.S.C. 1258).
9 FAM 402.4-1(B) Code of
Federal Regulation
(CT:VISA-1; 11-18-2015)
22 CFR 41.71.
9 FAM 402.4-2 overview
(CT:VISA-1; 11-18-2015)
Transit (C) visas are nonimmigrant visas for persons
traveling in immediate and continuous transit through the United States en route
to another country, with few exceptions.
9 FAM 402.4-3 Categories of C
Visas
(CT:VISA-1; 11-18-2015)
22 CFR 41.12 identifies the following C visa classification
symbols for aliens in transit through the United States in accordance with INA
101(a)(15)(C):
C-1 Alien in Transit
C-1/D Combined Transit and Crewmember visa
C-2 Aliens in Transit to United Nations Headquarters District
under section 11.(3), (4), or (5) of the Headquarters Agreement
C-3 Foreign Government Official, Immediate Family, Attendant,
Servant, or Personal Employee, in Transit.
9 FAM 402.4-4 Qualifying for C
Visas
(CT:VISA-907; 08-01-2019)
a. An alien is classifiable as a nonimmigrant transit
alien under INA 101(a)(15)(C) if you are satisfied that the alien:
(1) Intends to pass in immediate and continuous
transit through the United States;
(2) Is in possession of a common carrier ticket or
other evidence of transportation arrangements to the alien's destination;
(3) Is in possession of sufficient funds to carry out
the purpose of the transit journey, or has sufficient funds otherwise available
for that purpose; and
(4) Has permission to enter some country other than
the United States following the transit through the United States, unless the
alien submits satisfactory evidence that such advance permission is not
required.
b. As used in INA 101(a)(15)(C), the term immediate
is defined as a reasonably expeditious departure of the alien in the normal
course of travel as the elements permit and assumes a prearranged itinerary
without any unreasonable layover privileges. (Page 43, House Report No. 1365
accompanying H.R. 5678, 82nd Congress, 2d Session.) If the alien seeks layover
privileges for purposes other than for transit through the United States, such
as to visit friends or engage in sightseeing, the alien will have to qualify
for the type of visa required for that purpose. 8 CFR 214.2(c)(3) provides that
the period of stay cannot exceed 29 days. Although the C-2 and C-3 visa
classifications are exempt from most visa ineligibilities (see 9 FAM 402.4-7
and 9 FAM 402.4-8),
the INA 214(b) and INA 212(a) ineligibilities do apply to both the C-1 and
C-1/D visa classifications.
9 FAM 402.4-5 Visa for Passenger
on Vessel Entering at U.S. Port
(CT:VISA-1; 11-18-2015)
An alien passenger embarking at a foreign port on a vessel
which is proceeding to a foreign destination other than the United States and
who has no intention of landing in the United States is nevertheless required
to be in possession of a transit or other nonimmigrant visa if, during the
course of the journey, the vessel makes port in the United States, since this
constitutes an entry by the alien as contemplated in INA 101(a)(13).
9 FAM 402.4-6 C-1 Visas for
Crewmen
(CT:VISA-1; 11-18-2015)
a. Crewmen joining vessel or aircraft:
See 9 FAM
402.8-6.
b. Coasting Officers: See 9 FAM 402.8-5
for proper documentation of coasting officers.
c. Transit Without Visa (TWOV) for
Crewmen: The Transit Without Visa (TWOV) program has been suspended
indefinitely.
9 FAM 402.4-7 C-2 Visa for
Transit to United Nations Headquarters District
(CT:VISA-1; 11-18-2015)
See 9 FAM 402.3-6
Officials in Transit C-2 AND C-3 Visas.
9 FAM 402.4-8 C-3 Visas for
Accredited Foreign Officials in Transit
(CT:VISA-1; 11-18-2015)
See 9 FAM 402.3-6
Officials in Transit C-2 AND C-3 Visas.