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("TWOV" = Transit Without Visa Privilege)
The C non-immigrant visa classification is reserved for aliens who are in "immediate
and continuous transit" through the United States and those entitled to pass in
transit to and from the United Nations. Qualifying foreign government officials
and diplomats, their immediate family and staff are eligible for C visas. In
addition, nationals of certain countries are visa exempt and permitted such
transit without a visa under the TWOV provisions. The classification
specifically excludes crewmembers of vessels or airplanes that must obtain a D
visa for entry. See discussion of D.
The maximum stay is 29 days in either C or TWOV status. Applicants must demonstrate that they:
- Are coming to the U.S. solely for the purpose of passing through in immediate and
continuous transit
- Possess a ticket or other assurance of transportation to their ultimate destination
outside the U.S.
- Have sufficient funds to complete their transit journey
- Have requisite permission to enter some foreign country
- Are otherwise admissible
In addition to the above, TWOV applicants must demonstrate they:
- Are in possession of a travel document establishing identity and nationality
- Are a national of a country providing reciprocal transit privileges to U.S. nationals
- Are in transit through the U.S. on a transportation line that has signed an agreement
with the USCIS ensuring their immediate and continuous transit through and departure
from the U.S.
- Are entering the U.S. on a through flight that will depart directly to a foreign destination
- Have confirmed onward reservation on the same or connecting line within eight hours after
arrival
- They will not make more than two transfers while transiting the U.S.
Change or extension of status is not permitted, and TWOVs are barred from filing for
adjustment to permanent resident status. Carriers may be subject to fines if a TWOV does not
comply with the regulations.
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