The Attorney’s Guidebook To Handling UN And OAS Visas: Understanding The US’ Obligation In IGO Visa Issuance

Authors

Nicolas Garon, Southern University Law Center

First & Last Page

154-196

Abstract

The UN Headquarters Agreement, signed in 1947 between the United States and the United Nations, outlines many obligations for the U.S. as the host nation. Notably, it requires the U.S. Government to facilitate entry into the UN’s Headquarters District, which spans a 25-mile radius from Columbus Circle in New York. Consequently, the C-2 visa was created specifically to permit transit into the UN Headquarters District for qualified duties, without granting access to the rest of the United States.However, there is a significant lack of information and secondary resources on C-2 visas, as well as other visas and procedures for accessing the UN Headquarters District as qualified personnel, staff, or accompanying family members. This scarcity presents challenges for immigration attorneys and applicants alike. Additionally, the agreement has faced criticism for potentially allowing entry to representatives or leaders from nations hostile to the U.S. without sufficient restrictions.The obligation for a host country to guarantee travel under such a treaty is perhaps the only instance where a nation binds itself to issue visas. However, the example set by Washington and the UN is not unique; remarkably similar agreements exist with other intergovernmental organizations (IGOs) worldwide, even within the United States, via the Organization of American States (OAS) in Washington DC. The C-2 visa is unique, imposing a geographical restriction that classifies holders as “geographically restricted nonimmigrants” by USCIS. Travel to the UN Headquarters in New York under this visa has a history of denials and additional restrictions, particularly targeting adversarial diplomats. Subsequent legislation and policy aimed at further restricting these diplomats highlight what visa adjudication without the desired discretion can look like, especially when rogue actors apply, and the potential intersection with international agreements.This article seeks to provide a comprehensive secondary guide covering how IGO treaties obligate host nations in immigration matters, with a focus on key headquarters agreements, all potential visa types for the United Nations and OAS, relevant facts, laws, guidelines, historical instances of refusals, potential conflicts between policy and law, and additional resources, specifically tailored for immigration law practitioners and judges.**Keywords**: immigration law, obligations of visa regimes, OAS, visas, US visa law, United Nations, immigration

Recommended Citation

Nicolas Garon, The Attorney’s Guidebook To Handling UN And OAS Visas: Understanding The US’ Obligation In IGO Visa Issuance, 11 Lincoln Mem’l U. L. Rev. (2024).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol11/iss3/5