A. Diplomatic/Official Visas Distinguished:

1. Diplomatic visa eligibility-22 C.F.R. §41.26. Heads of State; Royal Family; Governor Generals; Cabinet Members; Justices of Highest Ct.; Presiding Members of Legislatures; Ambassadors; Military at or above rank of brigadier general. Military attache; G-4 visa holders if Sec. General of U.N. or other high U.N. official or officer on diplomatic missions; and all immediate family members of those listed supra.

2. Official visas-22 C.F.R. §41.27. Persons eligible to receive diplomatic visa but not in possession of diplomatic passport; A visas; C visas within INA §212(d)(8), 8 U.S.C. §1182(d)(8) [Reciprocal continuous transit], and all other G visas, except G-3, unless from government recognized by U.S.; members of legislatures and justices of lower courts; clerical and custodial employees attached to foreign government delegations or international organization; members of the family; or servants and personal employees of diplomatic visa holders.

3. Purpose of diplomatic designation-expedited processing at border. Stamped on visa. (e.g., F-1 with diplomatic designation)

4. "A" visa-INA §101(a)(15)(A), 8 U.S.C. §1101(a)(15)(A). Diplomats, officials and employees of foreign governments recognized by the U.S. coming on official business.

5. 3 categories:

a. A-l-22 C.F.R. §41.22(b). Ambassadors, public ministers or career diplomats/ officers and their immediate families. Also "career couriers." 22 C.F.R. §41.22(h)(1); 9 FAM 41.22 N1-N1.5.

b. A-2-Other accredited officials and employees of foreign governments and their immediate families.

c. A-3-Attendants, servants, personal employees and members of their immediate families.

6. Credentials.

a. A-1-accepted by President or Sec. of State. Holding diplomatic passport or government employment without approval of credentials by U.S. is insufficient to obtain visa. A-2-Sec. of State. A-2 and A-3-Only on basis of reciprocity-8 U.S.C. §1101(a)(l5)(A). The possession of the visa, standing alone, also does not prove diplomatic status.

b. If foreign official/employee not coming on official business-not an A-l/A-2. Should be given B visa, etc.

c. If no de jure recognition by U.S. only given B, C or G-3 visa. De jure does not equal formal diplomatic relations. May have de jure status even without diplomatic relations (e.g., Cuba).

7. Inadmissibility:

a. A-l-limited only to certain security grounds, INA §212(a)(3)(A)-(C), 9 FAM 41.21 PN4; A-2 Same as A-1 limitation; A-3 subject to all grounds of inadmissibility except that if a bona fide A-3 employee s/he can not be subject to being an intending immigrant under INA §214(b). 9 FAM 41.22 N4.4(c).

b. Visa not issued to persona non grata. 22 C.F.R. §41.21(d)(1).

Admitted for duration of status. 8 C.F.R. §214.2(a)(1).

9. A-3:

a. Different procedures. A-3 is for personal employee of A-1/A-2. The employer must be in valid A-1/A-2 status for applicant to receive A-3. 9 FAM 41.22 N4.

b. Subject fully to all grounds of inadmissibility except intending immigrant. 9 FAM 41.22 N4.4(c).

c. Must prove admissibility. If consular officer believes person is seeking A-3 but intends to work someone else or in a position other than as a personal employee of the A-1/A-2 he may deny the visa on INA §214(b) or INA §212(a)(6)(C) grounds. 9 FAM 41.22 N4.2 and N.4.4(c).

d. No prior domestic experience needed. 9 FAM 41.21 N6.1.

e. Admission for 3 years + 2 year periods. 8 C.F.R. §214.2(a).

f. Family members of A-3-no employment. 8 C.F.R. §214.2(a)(2).

10. Families A-l/A-2:

a. Employment (spouse and unmarried dependent children, sons and daughters):

(1) Must seek permission. 8 C.F.R. §§274a.12(c)(1), 1274a.12(c)(1), 8 C.F.R. §214.2(a)(2), (5), (6). Employment permitted upon recommendation of Dept. of State only if there is a formal bilateral employment agreement or informal de facto reciprocal agreement. 8 C.F.R. §214.2(a)(5). An applicant cannot work in a Schedule B position, 8 C.F.R. §214.2(a)(5)(ii)(D), or if his/her employment is contrary to the interest of the U.S. which includes prior unauthorized employment or failure to pay income tax on money previously earned. 8 C.F.R. §214.2(a)(5)(ii)(E). The application for employment for dependents must be filed at the Nebraska Service Center. 63 Fed. Reg. 50584-01 at 50585 (Sept. 22, 1998).

(2) Not deportable for employment without permission, even if it is a violation of status. See 8 C.F.R. §214.2(a)(10).

O.I. §214.2(a)(10). CIS will only notify Dept. of State of visa status. Will not deport as long as Dept. of State accepts credentials of diplomat. Will not even notify Dept. of State if job involves "educational, nursing and cultural pursuits."

b. Procedure:

(1) Where work authorization is sought pursuant to a formal agreement or an informal de facto reciprocal arrangement, the dependent under 8 C.F.R. §214.2(a)(6) needs to:

(a) File I-566 with Office of Protocol at Dept. of State.

(b) Dept. of State makes recommendation and if positive dependent applies to CIS.

(c) For approval need to demonstrate: (i) alien will be here more than 6 months; (ii) has qualification for position under 214.2(a)(2); (iii) not Schedule B work (i.e., oversupply), except if full time student working 20 hrs; (iv) reciprocity of work in foreign country; (v) alien must not have criminal record, violated DHS laws, including unauthorized employment, or failed to pay taxes;

(2) No appeal from denial.

(3) Approval in 2-year increments.

c. Overstays. The provisions of INA §222(g) concerning overstays returning to their country of origin to obtain a new visa are inapplicable to A-1 and A-2 visa holders. A-3s are subject to INA §222(g). 9 FAM 41.22 N4.4(c).

d. Lawful Permanent Resident Status:

Children of diplomats born in the U.S. are considered to be LPRs. 8 C.F.R. §§101.3, 1101.3; unless they abandon their residency by returning to their home country with their parents.

11. Section 13 of the Immigration and Nationality Act of 1957, Pub. L. 85-316, 71 Stat. 642, as modified, Pub. L. 97-116, 95 Stat. 1611 (Dec. 29, 1981), permits adjustment of status for A or G visa holders, without any other basis for adjustment, if they have failed to maintain status and can demonstrate compelling reasons why s/he cannot return to home country. The applicant must also demonstrate it is in the U.S. national interest and not contrary to national welfare, safety and security to grant LPR status. Only 50 Section 13 visas are available each year.

12. If person is LPR, must go from LPR to A (or G or E), if occupation would grant him the status, unless s/he obtains a waiver. 8 U.S.C. §1257; 8 C.F.R. §247. If diplomat wishes to retain his or her LPR status, s/he may file an I-508 waiver (of diplomatic immunities) within 10 days of the DD notifying him or her of CIS' intention to adjust him or her to A, G or E status. If the LPR does not respond to the DD, the diplomat will automatically be changed to NIV status. 8 C.F.R. §§247.11, 247.12.

B. G Visas. INA §101(a)(15)(G), 8 U.S.C. §1101(a)(l5)(G), 9 FAM 41.24:

1. Authority: International Organizations Immunities Act, 22 U.S.C. §288. page 578{}

2. 5 Categories:

a. G-l:

(1) 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 N1

(2) Foreign government has U.S. de jure recognition.

(3) International organization listed (e.g., IMF, U.N., OAS, OAU).

(4) 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 N2.3

(5) G-l-G-4-Duration of status so long as Dept. of State recognizes credentials. 8 C.F.R. §214.2(g)(1).

b. G-2:

(1) 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.

(2) Interpretation at 9 FAM 41.24 N1 (2)

(a) Personnel of any rank including clerical/custodial and immediate family;

(b) Temporary delegation (e.g., includes working groups of international organization);

(c) Inadmissible under certain security grounds, supra.

c. G-3:

(1) G-l/G-2 from government without de jure recognition from U.S.; or

(2) Nonmember country of international organization.

d. G-4:

(1) Officers and employees of international organization and immediate family. Includes "personnel of any rank." 9 FAM 41.24 N1 (4).

(2) Special expeditious treatment to U.N. reps. because U.S. host country. 9 FAM 41.24 N3.1.

(3) Inadmissible only under certain security grounds, INA §102, 8 U.S.C. §1102.

(4) 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).

(5) 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:

(1) Attendants, servants and personal employees of G-1 to G-4.

(2) Subject to exclusion on all grounds.

(3) May be admitted for 3 years + renewals in increments of 2 years but extensions must be accompanied by a letter from his/her employer describing G-5's work. 8 C.F.R. §214.2(g)(1).

f. General criteria:

(1) 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).

(2) If person is G and has other nonimmigrant visa will be given G.

(3) Admission on G subject to Dept. of State credential approval.

(4) Visa usually issued upon international organization's request.

(5) Not required to have domicile abroad as with other nonimmigrant visas. Can establish intent to reside in the U.S.

(6) 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 N16.

3. Employment-No provision for authorizing employment of family in G-2 status. But spouse and unmarried dependent children, sons or daughters of G-1, G-3 or G-4 may seek employment authorization. 8 C.F.R. §§274a.12(c)(4), 214.2(g)(2), (5), (6), 1274a.12(c)(4). For G-1 and G-3, dependents' employment can only be pursuant to a formal bilateral employment agreement or an informal de facto reciprocal agreement if they are a national of that country. Dependents must first apply to the Dept. of State on form I-566. If approved, the dependent must apply to CIS. The same criteria generally apply to G-1, G-3 and G-4 that apply to A-1 supra. The application for employment for dependents must be filed at the Nebraska Service Center. 63 Fed. Reg. 50584-01 at 50585 (Sept. 22, 1998).

a. It is a violation of status for dependents to work without authorization and for principal alien when s/he works outside scope of his/her official position. 8 C.F.R. §214.2(g)(10).

b. G-1 through G-5 authorized to work pursuant to their status for international organization. 8 C.F.R. §§274a.12(b)(7) and (8), 1274a.12(b)(7) and (8).

c. Adjustment-INA §§245, 247, 8 U.S.C. §§1255, 1257-Same as A visa.

4. Overstays-The provisions of INA §222(g) are not currently applied to A-1, A-2, G- 1, G-2, G-3 and G-4 visa holders, unless the CIS or IJ make a determination that a status violation has occurred. It is applied to A-3 visa holders. 9 FAM 41.22 N4.4(c).

5. Lawful Permanent Resident Status-Children of diplomats born in the U.S. are LPRs. See supra A visas.

C. NATO. 8 C.F.R. §214.2(s).

1. Special visas;

2. 22 C.F.R. §§41.21, 41.25;

3. Exempt from overstay requirements of INA §222(g) unless CIS or IJ make a status determination.

4. Given employment authorization and dependents may also be given employment authorization if there is a written bilateral dependent employment agreement or a defacto agreement. The application for employment for dependents must be filed at the Nebraska Service Center. 63 Fed. Reg. 50584-85 (Sept. 22, 1998).

5. Civilian employees of NATO as well as their spouse and children may obtain special immigrant status under INA §101(a)(27)(L) in the same manner as G-4 employees.

D. UN Transits-C-2

1. Definition:

a. Representative (from non de jure and nonmember country, e.g., Chairman Arafat otherwise would be G-3), or expert that U.N. needs.

b. Under U.N. "Headquarters Agreement" (61 Stat 758)-No impediment to travel for representatives or those requested by U.N. (e.g., expert on refugee matters).

c. Inadmissible only under INA §§212(a)(3)(A), (3)(B), (3)(C) and (7)(B) if seeking entry pursuant to UN Headquarters Agreement. 9 FAM 41.71 N5.1. C-2 can obtain INA §212(d)(3)(A) waiver for these grounds. Criteria may be less stringent in C-2 "Headquarters" cases. 9 FAM 41.71 N5.3.

d. Given 29 days. Extensions difficult. 8 C.F.R. §214.2(c)(3). Must stay within NYC area and proceed directly to U.N. When leaving U.N. business must leave U.S. 8 C.F.R. §214.2(c)(2).

e. Exempt from overstay requirements of INA §222(g) unless IJ or CIS make status determination.

E. Foreign Government Transits-C-3. INA §212(d)(8), 8 U.S.C. §1182(d)(8).

1. Definition:

a. Accredited official of foreign government.

b. Passing in transit through U.S.

c. U.S. has reciprocal right in foreign country.

d. Must be on official business.

2. Inadmissible only as to INA §212(a)(3)(A) to (3)(C) and (7)(B).