9 FAM 201.2
IMMIGRANT TRAVEL WITHOUT A VISA AND/OR PASSPORT
(CT:VISA-1; 11-18-2015)
(Office of Origin: CA/VO/L/R)
[file:///C:/Users/Administrator/Desktop/9%20FAM%20201.2%20IMMIGRANT%20TRAVEL
%20WITHOUT%20A%20VISA%20AND%20OR%20PASSPORT.htm]
9 FAM 201.2-3 IMMIGRANT TRAVEL WITHOUT A VISA
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 42.1 N1 first sentence; CT:VISA-2204 10-16-2014)
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.
(Previous location: None)
(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 202.2-5 LPR Travel
Documents for information on LPR travel with a Form I-551, ADIT stamp,
boarding foil, I-327 Reentry Permit, I-571 Refugee Travel Document,
Returning Resident immigrant visa or transportation letter.
(2) Travelers with Other Documents:
(Previous location: 9 FAM 42.1 N1.5-2; CT:VISA-394 04-12-2002)
(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.
(Previous location: 9 FAM 42.1 N1.5-3; CT:VISA-394 04-12-2002)
(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.
(Previous location: 9 FAM 42.1 N1.1; CT:VISA-2226 11-25-2014 and 9 FAM 42.
1 N2.1; CT:VISA-2140 07-16-2014)
(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 parent’s immigrant visa; or
(ii) Born during the lawful permanent resident mother’s 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.
(Previous location: 9 FAM 42.1 N2.2; CT:VISA-1173 03-30-2009 and 9 FAM 42.1
N2.4 ; CT:VISA-184 01-22-1999)
(b) Requiring Reentry Document of Child’s Parent: The provisions of 9 FAM
201.2-3 paragraph (3)(a) 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.
(Previous location: 9 FAM 42.1 N2.3; CT:VISA-49 10-30-1991)
(c) Evidence of Parent-Child Relationship: To facilitate the admission of
children under the provisions of 9 FAM 201.2-3 paragraph (3)(a) consular
officers should instruct parents to have with them documentary evidence of
the parent-child relationship.
(Previous location: 9 FAM 42.1 N1.5; CT:VISA-1173 03-30-2009)
(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.
(Previous location: 9 FAM 42.1 N4 a; CT:VISA-2226 11-25-2014)
(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 202.4 for additional information on parole.
