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8 U.S.C. § 1301 — Alien seeking entry; contents
Federal law — U.S. Code and appendices · legal_authorities
No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with [section 1201(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/b&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-8/section-1301-alien-seeking-entry-contents--24e5bdba0a.md
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Source location: Title 8, Chapter 12, § 1301; chapter-012-immigration-and-nationality.md
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No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with [section 1201(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Immigrants; nonimmigrants**
(1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue
(A) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in [section 1202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1202&num=0&edition=prelim), visaed by such consular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrant’s particular status under such foreign state, the preference, immediate relative, or special immigrant classification to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be required; and
(B) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required.
(2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry.
**(b) Registration; photographs; waiver of requirement** Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such u
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preparation; contents** The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1301&num=0&edition=prelim), and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1302&num=0&edition=prelim). Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed.
**(b) Confidential nature** All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to [section 1357(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1357/f/2&num=0&edition=prelim), and (2) to such persons or agencies as may be designated by the Attorney General.
**(c) Information under oath** Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths for such purpose.
**(d) Certificate of alien registration or alien receipt card** Every alien in the United States wh
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Federal law — U.S. Code and appendices · legal_authorities
Page 390
TITLE 8—ALIENS AND NATIONALITY
§ 1301
101–649, set out as an Effective Date of 1990 Amendment
note under section 1101 of this title.
REGULATIONS
Pub. L. 103–206, title III, § 323(c), Dec. 20, 1993, 107
Stat. 2430, provided that:
‘‘(1) The Secretary of Labor shall prescribe such regu-
lations as may be necessary to carry out this section
[amending this section].
‘‘(2) Attestations filed pursuant to section 258(c) (8
U.S.C. 1288(c)) with the Secretary of Labor before the
date of enactment of this Act [Dec. 20, 1993] shall re-
main valid until 60 days after the date of issuance of
final regulations by the Secretary under this section.’’
Similar provisions were contained in Pub. L. 103–198,
§ 8(c), Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Pub.
L. 103–416, title II, § 219(gg), Oct. 25, 1994, 108 Stat. 4319.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649
Pub. L. 101–649, title II, § 203(a)(2), Nov. 29, 1990, 104
Stat. 5018, provided that: ‘‘This section [enacting this
section, amending section 1101 of this title, and enact-
ing provisions set out as a note under section 1101 of
this title] does not affect the performance of longshore
work in the United States by citizens or nationals of
the United States.’’
PART VII—REGISTRATION OF ALIENS
§ 1301. Alien seeking entry; contents
No visa shall be issued to any alien seeking to
enter the United States until such alien has
been registered in accordance with section
1201(b) of this title.
(June 27, 1952, ch. 477, title II, ch. 7, § 261, 66 Sta
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