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Form 8840 Renton Washington: What You Should Know
DATE: NOVEMBER 2, 2005. A person may not claim the closer connection to a foreign country(NS) exception under section 4261(8) (2) or (7) of the Act unless the person meets the following requirements: A foreign country or foreign territory is either a parting country(s) of the United States, or The foreign country or foreign territory is within the boundary areas of a United States military post; or The foreign country or foreign territory is a nonresident and the alien has a foreign parent. The alien has no other relationship with a foreign country or foreign state (e.g., an employer-employee relationship or a tax treaty relationship). The alien is not an international organized crime element (i.e., a person who is not eligible for a visa or travel document to enter and depart from the country or territory for which the close connection exception applies). The aliens (1) have lawful permanent residence or are lawfully present status as an immigrant in the United States, and (2) are not subject to criminal prosecution in a foreign country (NS) before being granted a waiver of the close connection to a foreign country (NS) exception. The Close-connection Exception for Foreigners in Connection with the Importation or Exportation of Honeybees and Related Products Regulations are contained in Pub. L. 88-369, 7 U.S.C. § 1516, dated 6 June 1980, §2(b)(2). In particular, the regulations state that to qualify for such exception an alien shall be considered by the United States to have a close connection to a foreign country (NS) notwithstanding (1) that the alien is physically present or authorized to enter the foreign country or territory under the laws of the foreign country (NS), or (2) that the alien possesses a valid visa or travel document issued to the alien by the country where the alien is physically present (e.g., the United States, the country where the alien is authorized to enter or lawfully present), or (3) that the alien is outside the foreign country (NS) on the date the country or territory begins the process of granting the alien a visa or a travel document (7 U.S.C. § 1522, 7 U.S.C. §1523(f), 7 U.S.C. § 1523(e), 1322, or 1323).
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