The ABC S Of Immigration: A, G, and NATO Visas For Foreign Government Representatives by Gregory Siskind

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1 The ABC S Of Immigratin: A, G, and NATO Visas Fr Freign Gvernment Representatives by Gregry Siskind This week we discuss visas available t fficials f freign gvernments and representatives f internatinal nngvernmental rganizatins. There are three types f visas available - A, G, and NATO categries. A visas are granted t diplmats, fficials and emplyees f freign gvernments cming t the US fr fficial business. G visas are granted t emplyees f nngvernmental rganizatins and t lwer ranking fficials f freign gvernments. NATO visas are granted t representatives f cuntries that are members f the Nrth Atlantic Treaty Organizatin (NATO). Because these visas are an imprtant cmpnent f US freign plicy, they are largely under the cntrl f the State Department, with little invlvement frm the USCIS. What are the different types f A visas? There are three types f A visas A-1, A-2 and A-3. A-1 visas are issued t the heads f freign states, fficial diplmatic and cnsular fficers, the heads f the branches f gvernment f a freign state, and t the immediate family members f these peple. A-2 visas are issued t full-time embassy r cnsulate emplyees wh d nt have A-1 visas, t thse wh are cming t the US t d wrk n behalf f their gvernment, and t their immediate family members. A-3 visas are issued t attendants, servants and persnal emplyees f A-1 and A-2 visa hlders, and t the A-3 visa hlder s immediate family. Many A visa hlders have what is knwn as a diplmatic visa. Because f the issues f freign relatins and the need t maintain gd relatinships with freign gvernments, diplmatic visa hlders are nt subject t mst restrictins n admissin t the US. They cannt be required t pst a departure bnd, and they cannt be deprted the nly way they can be expelled frm the US is with the apprval f the Secretary f State. There are sme natinal security grunds n which diplmatic visa hlders can be excluded frm the US. Als, peple ften hear f freign gvernment fficials escaping prsecutin fr criminal actins by asserting diplmatic immunity. While ne can escape prsecutin, using diplmatic immunity t d s can be a basis fr exclusin frm the US in the future. Hw lng may I stay in the United States if I have an A visa? Admissin in the A-1 and A-2 classificatins is withut time limitatin. As lng as the Secretary f State recgnizes the persn s fficial psitin, they may remain in the US withut the need t file any extensin. A-3 visa hlders are admitted fr an initial perid f up t three years, which may be extended fr tw-year perids. Family members in A status may attend schl withut needing t change status. Emplyment authrizatin is btained nt thrugh USCIS, but thrugh the State Department. If the family member wrks withut State Department authrizatin, the USCIS cannt cnsider it a status vilatin. The agency can nly reprt it t the State Department fr it t prceed as it sees fit. Hw can I qualify fr a G visa? G visas are issued t peple invlved with internatinal rganizatins. Fr the rganizatin t qualify fr G visa classificatin, it must be recgnized by the President thrugh an executive rder. The fllwing rganizatins are currently recgnized: African Develpment Bank

2 African Develpment Fund Asian Develpment Bank Brder Envirnment Cperatin Cmmissin Caribbean Organizatin Cmmissin fr Envirnmental Cperatin Cmmissin fr Labr Cperatin Cmmissin fr the Study f Alternatives t the Panama Canal Custms Cperatin Cuncil Eurpean Bank fr Recnstructin and Develpment Eurpean Space Agency Fd and Agriculture Organizatin Great Lakes Fishery Cmmissin Hng Kng Ecnmic and Trade Offices Inter-American Defense Bard Inter-American Develpment Bank Inter-American Institute f Agricultural Sciences Inter-American Investment Crpratin Inter-American Statistical Institute Inter-American Trpical Tuna Cmmissin Intergvernmental Maritime Cnsultative Organizatin Internatinal Atmic Energy Agency Internatinal Bank fr Recnstructin and Develpment Internatinal Bundary and Water Cmmissin, United States and Mexic Internatinal Centre fr Settlement f Investment Disputes Internatinal Civil Aviatin Organizatin Internatinal Cffee Organizatin Internatinal Cmmittee f the Red Crss Internatinal Cttn Advisry Cmmittee Internatinal Cttn Institute

3 Internatinal Criminal Plice Organizatin (INTERPOL) Internatinal Develpment Assciatin Internatinal Develpment Law Institute Internatinal Fertilizer Develpment Cent Internatinal Finance Crpratin Internatinal Fd Plicy Research Institute Internatinal Fund fr Agricultural Develpment Internatinal Hydrgraphic Bureau Internatinal Jint Cmmissin - United States and Canada Internatinal Labr Organizatin Internatinal Maritime Satellite Organizatin Internatinal Mnetary Fund Internatinal Pacific Halibut Cmmissin Internatinal Secretariat fr Vlunteer Service Internatinal Telecmmunicatin Unin Internatinal Telecmmunicatins Satellite Organizatin (INTELSAT) Internatinal Unin fr Cnservatin f Nature and Natural Resurces Internatinal Wheat Advisry Cmmittee (Internatinal Wheat Cuncil) Interparliamentary Unin Israel-United States Binatinal Industrial Research and Develpment Fundatin Krean Peninsula Energy Develpment Organizatin Multilateral Investment Guarantee Agency Multinatinal Frce and Observers Nrth American Develpment Bank Nrth Pacific Anadrmus Fish Cmmissin Nrth Pacific Marine Science Organizatin Organizatin fr Eurpean Ecnmic Cperatin (nw knwn as the Organizatin fr Ecnmic Cperatin and Develpment) Organizatin fr the Prhibitin f Chemical Weapns

4 Organizatin f African Unity (OAU) Organizatin f American States (includes Pan American Unin) Organizatin f Eastern Caribbean States Pacific Salmn Cmmissin Pan American Health Organizatin (includes Pan American Sanitary Bureau) Preparatry Cmmissin f the Internatinal Atmic Energy Agency Prvisinal Intergvernmental Cmmittee fr the Mvement f Migrants frm Eurpe (nw knwn as the Intergvernmental Cmmittee fr Eurpean Migratin) Suth Pacific Cmmissin United Internatinal Bureau fr the Prtectin f Intellectual Prperty (BIRPI) United Natins United Natins Educatinal, Scientific, and Cultural Organizatin United Natins Industrial Develpment Organizatin Universal Pstal Unin Wrld Health Organizatin Wrld Intellectual Prperty Organizatin Wrld Meterlgical Organizatin Wrld Turism Organizatin Wrld Trade Organizatin What are the different types f G visas? There are five types f G visas: G-1 visas are issued t a freign gvernment s primary representative t an internatinal rganizatin, their staff and immediate family G-2 visas are issued t ther representatives frm a freign gvernment t an internatinal rganizatin, their staff and immediate family G-3 visas are issued t representatives t an internatinal rganizatins either frm a gvernment that the US des nt recgnize r that is nt a member f the internatinal rganizatin, and t their immediate family G-4 visas are issued t fficers and emplyees f internatinal rganizatin, and t their immediate family G-5 visas are issued t attendants, servants and persnal emplyees f ther G visa hlders, and t their immediate family

5 Hw lng may I stay in the United States with a G visa? Like the A visa classificatin, there is n time limit n the stay in G classificatin, except fr G-5 status. G-5 visa hlders are admitted fr up t three years initially, and can request tw-year extensins. Emplyment withut authrizatin f family members in G classificatin is cnsidered a status vilatin. Hwever, they may apply fr wrk authrizatin if their cuntry f natinality prvides reciprcal benefits t US citizens. Dependents in G-4 status may wrk withut these reciprcal agreements. Hw d I knw if I qualify fr a NATO visa? Under the Nrth Atlantic Treaty Organizatin, certain representatives and staff frm member cuntries can enter the US as temprary visas. Under the treaty, they are nt subject t nrmal immigratin inspectins and dcumentary requirements. Instead, cnsular fficials decide whether they are admitted. Admissin is fr as lng as the Secretary f State recgnizes their status. Emplyment authrizatin is btained thrugh the State Department. Gregry Siskind (gsiskind@visalaw.cm) is a partner in the law firm f Siskind, Susser, Haas and Devine ( which has ffices in the United States and arund the wrld. He is an active member f the American Immigratin Lawyers Assciatin (AILA). He is a member f the American Bar Assciatin (ABA), where he currently serves as Chairman f the Law Practice Management Publishing Bard and n the Gverning Cuncil f the Law Practice Management Sectin. He was ne f the first lawyers in the cuntry (and the very first immigratin lawyer) t set up a website fr his practice and he was the first attrney in the wrld t distribute a firm newsletter via listserv. He is a c-authr f The J Visa Guidebk published by LexisNexis Matthew Bender, and the authr f The Lawyer's Guide t Marketing n the Internet, published by the ABA. He graduated magna cum laude frm Vanderbilt University and received his law degree frm the University f Chicag.

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