Supporting Law/Regulation

8 CFR 212.1(e)

(e) Aliens entering Guam pursuant to section 14 of Pub. L. 99 - 396, "Omnibus Territories Act." 

 

(1) A visa is not required of an alien who is a citizen of a country enumerated in paragraph (e)(3) of this section who: 

 

(i) Is classifiable as a vistor for business or pleasure; 

 

(ii) Is solely entering and staying on Guam for a period not to exceed fifteen days; 

 

(iii) Is in possession of a round-trip nonrefundable and nontransferable transportation ticket bearing a confirmed departure date not exceeding fifteen days from the date of admission to Guam; 

 

(iv) Is in possession of a completed and signed Visa Waiver Information Form (Form I - 736); 

 

(v) Waives any right to review or appeal the immigration officer's determination of admissibility at the port of entry at Guam; and 

 

(vi) Waives any right to contest any action for deportation, other than on the basis of a request for asylum. 

 

(2) An alien is eligible for the waiver provision if all of the eligibility criteria in paragraph (e)(1) of this section have been met prior to embarkation and the alien is a citizen of a country that: 

 

(i) Has a visa refusal rate of 16.9% or less, or a country whose visa refusal rate exceeds 16.9% and has an established preinspection or preclearance program, pursuant to a bilateral agreement with the United States under which its citizens traveling to Guam without a valid United States visa are inspected by the Immigration and Naturalization Service prior to departure from that country; 

 

(ii) Is within geographical proximity to Guam, unless the country has a substantial volume of nonimmigrant admissions to Guam as determined by the Commissioner and extends reciprocal privileges to citizens of the United States; 

 

(iii) Is not designated by the Department of State as being of special humanitarian concern; and 

 

(iv) Poses no threat to the welfare, safety or security of the United States, its territories, or commonwealths. 

 

Any potential threats to the welfare, safety, or security of the United States, its territories, or commonwealths will be dealt with on a country by country basis, and a determination by the Commissioner of the Immigration and Naturalization Service that a threat exists will result in the immediate deletion of that country from the listing in paragraph (e)(3) of this section. 

 

(3) 

 

(i) The following geographic areas meet the eligibility criteria as stated in paragraph (e)(2) of this section: Australia, Brunei, Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, Solomon Islands, Taiwan (residents thereof who begin their travel in Taiwan and who travel on direct flights from Taiwan to Guam without an intermediate layover or stop except that the flights may stop in a territory of the United States enroute), the United Kingdom (including the citizens of the colony of Hong Kong), Vanuatu, and Western Samoa. The provision that flights transporting residents of Taiwan to Guam may stop at a territory of the United States enroute may be rescinded whenever the number of inadmissible passengers arriving in Guam who have transited a territory of the United States enroute to Guam exceeds 20 percent of all the inadmissible passengers arriving in Guam within any consecutive two-month period. Such rescission will be published in the Federal Register. (Amended effective 1/10/01; 66 FR 235) (Amended 7/13/94; 59 FR 35614) 

 

(ii) For the purposes of this section, the term citizen of a country as used in 8 CFR 212.1(e)(1) when applied to Taiwan refers only to residents of Taiwan who are in possession of Taiwan National Identity Cards and a valid Taiwan passport with a valid re-entry permit issued by the Taiwan Ministry of Foreign Affairs. It does not refer to any other holder of a Taiwan passport or a passport issued by the People's Republic of China. (Added 7/13/94; 59 FR 35614) 

 

(4) Admission under this section renders an alien ineligible for: 

 

(i) Adjustment of status to that of a temporary resident or, except under the provisions of section 245(i) of the Act, to that of a lawful permanent resident; (Revised 10/1/94; 59 FR 51091) 

 

(ii) Change of nonimmigrant status; or 

 

(iii) Extension of stay. 

 

(5) A transportation line bringing any alien to Guam pursuant to this section shall: 

 

(i) Enter into a contract on Form I - 760, made by the Commissioner of the Immigration and Naturalization Service in behalf of the government; 

 

(ii) Transport only an alien who is a citizen and in possession of a valid passport of a country enumerated in paragraph (e)(3) of this section; 

 

(iii) Transport only an alien in possession of a round-trip, nontransferable transportation ticket: 

 

(A) Bearing a confirmed departure date not exceeding fifteen days from the date of admission to Guam, 

 

(B) Valid for a period of not less than one year, 

 

(C) Nonrefundable except in the country in which issued or in the country of the alien's nationality or residence, 

 

(D) Issued by a carrier which has entered into an agreement described in part (5)(i) of this section, and 

 

(E) Which the carrier will unconditionally honor when presented for return passage; and 

 

(iv) Transport only an alien in possession of a completed and signed Visa Waiver Information Form I - 736.