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Overview
: Diplomatic Visa Status (A Visa)
Posted
Sep 11, 2000
This article is another in our series presenting an overview of U.S.
immigration law. The first article was a historical
retrospective on the development of U.S. immigration law. We now
proceed to describe the various nonimmigrant (temporary) visa categories,
beginning with the "A" category or diplomatic status.
In order for the United States to participate in foreign commerce, treaties
and diplomatic relations, foreign government representatives and their
entourages must be able to enter the United States for official business.
Diplomats are not subject to the same stringent requirements as other
persons seeking to enter the U.S. Rather, the law directs that people
entering the United States in a diplomatic or quasi-diplomatic status
“shall not be subject to the exclusionary provisions of the immigration
laws, other than reasonable requirements of passports and visas as a means
of identification,” unless the President deems that additional security
for the country is necessary.
There is a difference, however, between the treatment of diplomats and
officials who represent a foreign government and those who represent
international organizations. Representatives of foreign governments who
enter the U.S. in order to represent an international organization, certain
members of their staffs, and members of the immediate family of any such
persons, may be refused entry into the United States if it can be
established that their entry is to partake in actions harmful to the public
interest or dangerous to the U.S. national security. This review process
does not exist for foreign government representatives here on their
government's business.
The "A" visa status for foreign diplomats and officials includes:
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A-1,
Ambassadors, diplomatic or consular officers, and members of their
immediate families;
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A-2,
other recognized government officials or employees, and members of their
immediate families; and
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A-3,
attendants, servants, and personal employees, and members of their
immediate families.
Working
for a foreign government is not enough to qualify a foreign national for
this non-immigrant classification. The foreign national must actually be
coming to the United States on official government business for the foreign
government. If the foreign national is entering the United States for
personal business or pleasure, her / his classification should be that of a
visitor, and the B1 or B2 status should be accorded to the person under U.S.
immigration law. If the foreign government classifies the foreign national
in one of the “A” categories, and the United States recognizes the
foreign national's status after the foreign national is admitted, the
“A” status must be accepted by the immigration officer as unequivocal
proof of her / his proper diplomatic status.
In addition, the officials that fit into the A-1 and A-2 categories and
their families are admitted without time limitation. They may remain,
without the need to apply for extension of stay, as long as the U.S.
Secretary of State continues to recognize them as members of the diplomatic
category. Attendants, servants, and personal employees under A-3
classification are admitted for up to three years, and can obtain extensions
in two-year increments if needed.
Please note that before a person can be approved for a change from an
“A” visa status to some other, non-official status, it is necessary to
waive diplomatic immunity. There is a standard form for this purpose that is
processed through the foreign government employer and the U.S. Department of
State.
©
The
Law Office of Sheela Murthy, P.C.
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