Immigration

Terms of Admission of Nonimmigrants

By December 27, 2016 No Comments

The Attorney General is empowered to prescribe condi
tions for the admission of nonimmigrants, including the
furnishing of a bond when deemed appropriate to insure the
alien’s departure from the United States upon the
expiration of his alloted time or upon his failure to main-
tain status.

An applicant for entry or extension of stay
as a nonimmigrant must establish that he is admissible to
the United States or that a ground for inadmissibility has
been waived, and that he has any necessary passport and
visa, unless such documents have been waived.
The following conditions apply generally to all non
immigrants:

(1) Time limits. The admitting immigration officer fixes
the maximum span for which the nonimmigrant is admitted,
making allowance for the time needed to accomplish this
temporary purpose of the entry.

(2) Conditions of stay. After admission to the United
States as a a nonimmigrant the alien is permitted to remain
in the United States only upon the following conditions.
That he will maintain the nonimmigrant status under
which he was admitted or which he subsequently may have
been accorded.

That he will depart from the United States within the
period of his admission or any authorized extension, or on
abandonment of his authorized nonimmigrant status.

That he will not engage in employment or activity in the
United States inconsistent with his status unless permission
is first obtained from the district director at the place of the
alien’s temporary residence in the United States.

That he will fulfill other conditions imposed by the admit
ting immigration officer to assure his maintenance of status
and timely departure.

There is no authority to revoke nonimmigrant status, and
violations of such status can be challenged only in deporta
tion proceedings.

(3) Extensions of temporary stay. Any nonimmigrant,
other than one admitted in transit (C), fiancee (K), or as
an alien crewman (D), who has not violated his status or
overstayed his allotted time may be granted an extension or
extensions of his temporary stay. However, extensions of
stay are subject to the same conditions as the original ad
mission; the applicant must show compliance with previous
conditions and agree to comply with further conditions that
may be imposed.

A nonimmigrant who violates his status or overstays his
authorized period of stay is subject to deportation. How
ever, as noted in Chapter 7, an alien admitted as a nonimmi
grant is eligible to apply for adjustment to permanent resi
dence status.

Francisco Hernandez

Author Francisco Hernandez

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