9 FAM 201.2
Immigrant Travel Without a Visa and/or Passport
(CT:VISA-785; 05-16-2019)
(Office of Origin: CA/VO/L/R)
9 fam 201.2-1 related statutory
and regulatory AUTHORITIES
9 FAM 201.2-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 210 (8 U.S.C.1160); INA 211 (8 U.S.C. 1181); INA
212(a)(7)(A) (8 U.S.C. 1182(a)(7)(A)); INA 222(b) (8 U.S.C. 1202(b)); INA 245A
(8 U.S.C. 1225a).
9 FAM 201.2-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR 42.1; 22 CFR 42.2; 22 CFR 40.71; 8 CFR 211.1(b).
9 FAM 201.2-2 IV travel without a
visa and/or passport overview
(CT:VISA-1; 11-18-2015)
There are certain circumstances in which an immigrant may
travel without a visa and/or passport, or in which these requirements may be
waived.
9 fam 201.2-3 Immigrant Travel
without a visa
(CT:VISA-554; 04-02-2018)
The regulations of the Department of Homeland Security
contained in 8 CFR 211.1(b) relating to waivers of documentary requirements for
immigrants provide for admission of certain aliens without visas. An unexpired
immigrant visa (IV), reentry permit, or other valid entry document is required
of an immigrant under INA 212(a)(7) except as indicated below.
(1) LPRs: A Lawful Permanent
Resident (LPR) possessing a Form I-551, Permanent Resident Card and returning
to an unrelinquished domicile in the United States may not require a visa. See
9 FAM
202.2-7 LPR Travel Documents for
information on LPR travel with a Form I-551, ADIT stamp, LPR boarding foil,
I-327 Reentry Permit, I-571 Refugee Travel Document, Returning Resident
immigrant visa or a USCIS-issued transportation letter.
(2) Travelers with Other Documents:
(a) Special Agricultural Workers:
Certain agricultural workers who adjusted status under INA 210, and remain
under such status, may present Form I-688, Temporary Resident Card, in lieu of
an IV if returning to an unrelinquished residence within one year after
temporary absence abroad.
(b) Temporary Residents Adjusted Under INA
245A: Aliens granted temporary resident status under
INA 245A, and remaining under such status, may present Form I-688, Temporary
Resident Card, in lieu of an IV if returning to an unrelinquished residence
within 30 days after absence abroad, provided that the aggregate of such
absences does not exceed 90 days.
(3) Certain Alien Children Not
Required to Obtain Visas:
(a) The child born after the issuance of a visa to a
parent, or a child under two years of age born of a Lawful Permanent Resident
alien mother during a temporary visit abroad, is not required to have a visa if
the child is:
(i) Born subsequent to issuance of an IV to the
accompanying parent within the validity of the parents immigrant visa; or
(ii) Born during the lawful permanent resident
mothers temporary visit abroad provided that:
Admission is within 2 years of birth; and
Either accompanying parent is applying for readmission upon first
return after the birth of the child.
(b) Requiring Reentry Document of Childs
Parent: The provisions of 9 FAM 201.2-3
paragraph (3)(a) above apply only if the alien parent is in possession of a
valid Form I-551, a valid reentry permit, refugee travel document (lawful
permanent resident only), or an SB-1 visa. With respect to 22 CFR 42.1(d), it
is irrelevant whether the visa issued to the accompanying parent is an initial
visa or a replacement visa.
(c) Evidence of Parent-Child
Relationship: To facilitate the admission of children under the
provisions of 9 FAM 201.2-3
paragraph (3)(a) above consular officers should instruct parents to have with
them documentary evidence of the parent-child relationship.
(4) 211(b) DHS Waiver at Port of
Entry: An immigrant returning to an unrelinquished residence in the
United States who does not possess a valid immigrant visa (IV), Form I-551, a
Permit to Reenter the United States, or a Refugee Travel Document may be
granted a waiver under INA 211(b), if the Department of Homeland Security (DHS)
district director of the port of entry (POE) is satisfied that there is good
cause for failure to present the document.
(5) Parole: In addition to
the categories of aliens listed in 9 FAM 201.2-3
who are not required to obtain immigrant visas (IV), INA 212(d)(5)(A) provides
authority to the Secretary of Homeland Security (DHS) to parole an alien who is
applying for admission on a case by case basis into the United States for
urgent humanitarian reasons or for significant public benefit. See 9 FAM 202.3 for additional information on parole.
9 fam 201.2-4 Immigrant travel
withOut a passport
(CT:VISA-364; 05-25-2017)
The passport requirement of INA 222(b) may be waived for
the following categories of immigrants:
(1) Lawful Permanent Residents:
A lawfully admitted permanent alien returning from a temporary visit abroad is
only required to present a passport when applying in the aliens country of
nationality and a passport is required by that country for departure.
(2) Certain Relatives of a U.S.
Citizen or LPR: The spouse, unmarried son or daughter or parent of a
U.S. citizen or a Lawful Permanent Resident (LPR) is only required to present a
passport when they are applying in the aliens country of nationality and a
passport is required by that country for departure. See section 9 FAM
102.8-2(K) for interpretations of the
terms son and daughter.
(3) Orphan Adopted Abroad and Orphan
Adopted in United States: For children classified as immediate
relatives by reason of INA 101(b)(1)(F), a distinction is made between an
orphan adopted abroad and an orphan to be adopted in the United States. If the
orphan has been adopted abroad, the parent-child relationship legally exists
when the visa application is made and the orphan will, therefore not need to
present a passport. However, if the orphan is to be adopted in the United
States after admission, such a relationship does not yet exist and the orphan
is required to present a passport. See section 9 FAM
502.3-3(B) for definition of orphan.
(4) Stateless Person and Accompanying
Spouse and Unmarried Son(s) or Daughter(s):
(a) There are several ways an individual might end up
stateless:
(i) The individual may have been born in a disputed
territory, such as the Gaza Strip;
(ii) The individual may have renounced his or her
original citizenship or lost such citizenship by operation of law and failed to
acquire citizenship of another country;
(iii) The laws of the individual's country of birth
may not have conferred citizenship on the basis of place of birth and the
individual's parents may have been unable to transmit citizenship under the law
of their country(ies) of origin; or
(iv) The individual may have been born in a former
colony or territory and failed to take necessary steps to retain/acquire the
nationality of the former controlling state or to acquire the nationality of
the new state.
(b) An alien who is a refugee or an exile normally
retains the nationality of the country he or she fled and would not be
considered stateless.
(c) In general, statelessness is a rare situation and an
alien can usually be presumed to be a national of his or her country of birth,
particularly if the alien's parents were also natives of that country. If the
applicant claims statelessness, the burden is on the applicant to establish
that he or she did not acquire the nationality of his or her country of birth
under the laws of that country and do not have any other nationality. As
citizenship is often acquired through parents, post may also examine the
nationality of the applicant's parents in those cases where nationality is unclear.
If post encounters difficulties in determining either which applicants are
stateless, or the nationality of the applicants who are not stateless, post may
also wish to consult with country authorities who may have records showing the
nationality of its residents.
(5) National of a
Communist-Controlled Country:
(a) The passport requirement may be waived for aliens
that are nationals of Communist or Communist-controlled countries who are
unable to obtain a passport or for aliens who are nationals of Communist or
Communist-controlled countries but are currently not living in their country of
nationally who are unwilling to apply for a passport because of the aliens
opposition to communism.
(b) In the case of an alien who is applying in his or
her home country, you must determine, prior to visa issuance, if the alien will
be able to depart upon the issuance of a visa. If not, little positive benefit
would be served by receipt of a visa, and the possibility exists that it could
be harmful to the alien and/or to the relations between the United States and
the host government to issue such visa without a passport. If the alien is able
to obtain an exit permit or other travel documentation which will allow his
legal departure from the country, there would then be no objection based on
comity principles to the issuance of a visa.
(6) Alien Member of the U.S. Armed
Forces: See 9 FAM
202.2-7(A) paragraph e; and
(7) Beneficiary of Individual
Waivers.
9 FAM 201.2-5 Processing
Individual Immigrant Passport Waiver Requests
(CT:VISA-493; 02-06-2018)
a. For IV applicants not in possession of a valid
passport, you can issue an IV on a DS-232 for an immigrant within any of the
categories listed in 22 CFR 42.2 (a
through f) without concurrence from CBP. An immigrant within any of those
categories listed in 22 CFR 42.2 are not
required to present a passport at the POE when first entering the United
States.
b. An IV applicant unable to obtain a passport and not
within any of the categories found in 22 CFR 42.2
(a through f) will require a joint waiver of the passport requirement
from CA/VO and CBP as stated in 22 CFR 42.2(g). Gather the information noted
here before requesting approval.
CA/VO review: Email your post liaison in CA/VO/F to request
approval. CA/VO will provide specific instructions confirming approval, which
will be contingent upon CBP concurrence.
c. The CCD case file should detail in the notes
section who from the Department and CBP waived the passport requirement. The
foil itself will also be annotated (see 9 FAM
504.10-3(B)(3)).
9 FAM 201.2-6 Furnishing
Information Concerning Waivers to Immigration Officers
(CT:VISA-785; 05-16-2019)
a. You must furnish the following information to CA/VO
and CBP officers when requesting concurrence in waivers of passport and visa
requirements in this IV DV Passport Waiver template:
(1) Aliens full name with all aliases;
(2) Date and place of birth;
(3) Nationality;
(4) Flight itinerary including the date and port of
expected arrival in the United States; please include the flight reservation as
an attachment in the email if you have it. (If the POE is undetermined, please
submit a tentative itinerary with the tentative POE and travel itinerary. CBP will not consider the
passport waiver request without a POE as it is up to the POE to accept or
reject the passport waiver request);
(5) Immigrant classification;
(6) Documents to be waived;
(7) A brief summary of the of the emergent
circumstances surrounding the case which must include information indicating
that all of the requirements of the subparagraph of 22 CFR 42.2(g) under which
the waiver is recommended have been met
(8) Name, address, and telephone number of the person
the alien intends to visit in the United States
b. Officers must notify the designated VO/F liaison
with any itinerary changes. If the applicants itinerary changes to a
different POE a new waiver of passport request must be submitted. CBP POE
concurrence is granted by the Port Director at the POE, therefore a new request
must be submitted.