U.S. INS can turn away foreign bizav passengers without visas

Yes, there is a bill, signed into law by President Clinton in October 2000, that would allow business aircraft operators to enjoy the same visa-waiver conv

By AIN Staff • AIN Staff

May 5, 2008

Yes, there is a bill, signed into law by President Clinton in October 2000, that would allow business aircraft operators to enjoy the same visa-waiver convenience afforded certain scheduled airline operators. It would, that is, if the U.S. Immigration and Naturalization Service (INS) had gotten around to integrating the new law into its own regulations. Unfortunately, the INS has yet to publish even a notice of proposed rulemaking (NPRM) with regard to the new law. As a result, the agency continues to enforce the current regulation prohibiting entry of foreign passengers arriving on business aircraft if they do not have a valid U.S. visa.

According to Jim Cooling, CEO of Kansas City aviation law firm of Cooling & Herbers, government agents at U.S. ports of entry have considerable powers. They may choose to issue a visa on the spot or they may deny the individual entry to the U.S. And in either case they may also choose to fine the operator of the aircraft on which the passenger arrived.

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