Miscellaneous Nonimmigrant Visas

C-1: Transit Visitor
A transit visitor is an individual who is in immediate and continuous transit through the United States. A maximum period of 29 days is authorized; no extension is possible.

D: Crewman
A crewman, serving in such capacity while in port, is generally admitted with a 'D' visa. A maximum period of 29 days is authorized; no extension is possible.

I: Journalist
An individual who is a representative of a foreign press, radio, film or other foreign information media, and who seeks to enter the U.S. solely to engage in such vocation, may obtain an 'I' visa. The initial period of admission is one year.

Change from One Nonimmigrant Visa Classification to Another
An individual who enters in one nonimmigrant classification may, with certain exceptions, apply to change to another nonimmigrant status while in the United States. The application must be made while the individual is in lawful status, that is, during the authorized period of stay and prior to any violation of status such as unauthorized employment.

Presumption of Immigrant Intent
By law, all persons applying for visas or for admission at the border are presumed to have the intention of residing here permanently as immigrants. (An exception to this rule applies to certain "H" and "L" visa holders.) Accordingly, all intending nonimmigrants have the burden of proving that they are eligible for such nonimmigrant status. For example, they must generally prove the existence of an unrelinquished foreign domicile to which they intend to return upon the conclusion of their temporary purpose in the United States. The same burden applies when applications are filed for extensions of nonimmigrant status, revalidation of nonimmigrant visas or other benefits which presuppose an intention to depart.

Changes in Application Procedures Resulting From the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA")

Several changes made in the immigration laws as a result of tough new legislation passed in 1996 will affect both the manner of applying and the individual's eligibility for nonimmigrant and immigrant visas. One change provides that overstaying, even for one day, will have the effect of invalidating the individual's nonimmigrant visa, which may not then be used for return to the United States. (An exception applies when the visa was renewed after the overstay but before the enactment of the new law.) Also, with certain exceptions, an individual who has overstayed may only apply for a new visa in the country of his or her nationality, thus eliminating "third-country processing" at American Consulates at more convenient locations such as Canada or Mexico.

An additional provision of IIRAIRA (more fully discussed below under Permanent Resident Categories) will render certain long-term overstays excludable from the United States. In view of these changes, it has become increasingly important to carefully monitor the status of individual nonimmigrants to ensure that no overstay occurs.