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Overview : "C" visas for Persons in Transit through the U.S.
Posted
Sep 24, 2000; updated Mar 05, 2005
This article is another in our series in the MurthyBulletin presenting an overview of U.S. immigration law. We continue with the nonimmigrant (temporary) visa categories, the next one being the "C" category: foreign national in transit.
The basic requirement for the C Category is that the foreign national is passing in immediate and continuous transit through the U.S. Under this category, the person is admitted for a period fixed by the admitting officer, which will not exceed twenty-nine (29) days. In addition, the foreign national must show that he or she:
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is in possession of a ticket or other assurances of transportation to a destination outside of the U.S.;
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has sufficient funds to complete the trip;
and
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has permission to enter the destination country, if such permission is required.
A foreign national in transit is not allowed to apply for change of status (change to another nonimmigrant classification), accept employment, or apply for an extension of temporary stay. However, the transit person is not prohibited from filing for adjustment of status for the Green Card unless he or she is a C-1 crewmember.
Under current law, the four types of foreign nationals who generally pass through the U.S. under the C category are: General Transit (C-1), TWOV (Transit Without Visa), UN Transit (C-2), and Foreign Government Officials (C-3).
General Transit (C-1)
A foreign national is eligible to apply for the C-1 General Transit status if the person is merely passing through the United States while traveling to a foreign destination.
If the C-1 is for a crewman joining a ship, the shipping company must
provide a letter agreeing to pay cost of removal.
TWOV (Transit Without Visa)
The Transit Without Visa (TWOV) program was suspended on August 7, 2003.
United Nations Transit (C-2) :
A foreign national who is an invitee, accredited representative of information media, or a representative of a consulting nongovernmental agency traveling to or from the United Nations headquarters district in New York City can apply for C-2 status.
A person is admitted in this category for up to 29 days, on the condition that s/he will remain continuously within a twenty-five (25) mile radius of Columbus Circle, New York City during her/his stay in the U.S.
Foreign Government Transits (C-3) :
A member of a foreign government, when in transit through the U.S., is eligible to obtain C-3 status while on official business
if the U.S. has a reciprocal right in that official's country. The official's immediate family members, attendants, servants, or personal employees are also permitted to pass through the U.S.
©
The
Law Office of Sheela Murthy, P.C.
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