8 U.S.C. § 1202 — Application for visas

Page 282 TITLE 8—ALIENS AND NATIONALITY § 1201a (A), if accompanying or following to join the alien in coming to the United States. ‘‘[(3) Repealed. Pub. L. 102–232, title III, § 302(d)(4)(C), Dec. 12, 1991, 105 Stat. 1745.] ‘‘(d) TREATMENT OF CHILDREN.—In this section, the term ‘child’ has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)] and also includes (for purposes of this section and the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] as it applies to this section) an alien who was the child (as so defined) of the alien as of the date of the issuance of an immigrant visa to the alien described in subsection (b)(1) or, in the case described in subsection (c), as of the date of charging of the entry of the alien under the proviso under section 7 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3508].’’ [Section 154 of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under sec- tion 1101 of this title.] CUBAN POLITICAL PRISONERS AND IMMIGRANTS Pub. L. 100–204, title IX, § 903, Dec. 22, 1987, 101 Stat. 1401, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(iii), Sept. 30, 1996, 110 Stat. 3009–624, pro- vided that: ‘‘(a) PROCESSING OF CERTAIN CUBAN POLITICAL PRIS- ONERS AS REFUGEES.—In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of De- cember 14, 1984, establishing normal migration proce- dures between the United States and Cuba, on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers of the Department of State and appro- priate officers of the Immigration and Naturalization Service shall, in accordance with the procedures appli- cable to such cases in other countries, process any ap- plication for admission to the United States as a ref- ugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. ‘‘(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS IN THIRD COUNTRIES.—Notwith- standing section 212(f) and section 243(d) of the Immi- gration and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. ‘‘(c) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘process’ means the acceptance and review of applications and the preparation of nec- essary documents and the making of appropriate de- terminations with respect to such applications. ‘‘(2) The term ‘refugee’ has the meaning given such term in section 101(a)(42) of the Immigration and Na- tionality Act [8 U.S.C. 1101(a)(42)].’’ Pub. L. 100–202, § 101(a) [title VII], Dec. 22, 1987, 101 Stat. 1329, 1329–39, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(ii), Sept. 30, 1996, 110 Stat. 3009–624, provided that: ‘‘SEC. 701. This title may be cited as ‘Cuban Political Prisoners and Immigrants’. ‘‘SEC. 702. (a) PROCESSING OF CERTAIN CUBAN POLIT- ICAL PRISONERS AS REFUGEES.—In light of the an- nouncement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of enactment of this Act [Dec. 22, 1987], consular officer[s] of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be nec- essary to reassure the orderly process of available ap- plicants. ‘‘(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS IN THIRD COUNTRIES.—Notwith- standing section 212(f) and section 243(d) of the Immi- gration and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. ‘‘(c) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘process’ means the acceptance and review of applications and the preparation of nec- essary documents and the making of appropriate de- terminations with respect to such applications. ‘‘(2) The term ‘refugee’ has the meaning given such term in section 101(a)(42) of the Immigration and Na- tionality Act [8 U.S.C. 1101(a)(42)].’’ § 1201a. Repealed. Pub. L. 99–653, § 5(b), formerly § 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renum- bered § 5(b), Pub. L. 100–525, § 8(d)(2), Oct. 24, 1988, 102 Stat. 2617 Section, Pub. L. 85–316, § 8, Sept. 11, 1957, 71 Stat. 641, related to waiver of fingerprinting requirements for nonimmigrant aliens. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see sec- tion 23(b) of Pub. L. 99–653, set out as an Effective Date of 1986 Amendment note under section 1201 of this title. § 1202. Application for visas (a) Immigrant visas Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such ad- ditional information necessary to the identifica- tion of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed. (b) Other documentary evidence for immigrant visa Every alien applying for an immigrant visa shall present a valid unexpired passport or other suitable travel document, or document of iden- tity and nationality, if such document is re- quired under the regulations issued by the Sec- retary of State. The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police au- thorities stating what their records show con- cerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular Page 283 TITLE 8—ALIENS AND NATIONALITY § 1202 1 So in original. 2 So in original. The period probably should be ‘‘; and’’. officer. The copy of each document so furnished shall be permanently attached to the applica- tion and become a part thereof. In the event that the immigrant establishes to the satisfac- tion of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such docu- ment or record other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain. All immigrant visa applications shall be reviewed and adjudicated by a consular officer. (c) Nonimmigrant visas; nonimmigrant registra- tion; form, manner and contents of applica- tion Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, the purpose and length of his intended stay in the United States; his marital status; and such additional information necessary to the identification of the applicant, the determination of his eligi- bility for a nonimmigrant visa, and the enforce- ment of the immigration and nationality laws as may be by regulations prescribed. The alien shall provide complete and accurate information in response to any request for information con- tained in the application. At the discretion of the Secretary of State, application forms for the various classes of nonimmigrant admissions de- scribed in section 1101(a)(15) of this title may vary according to the class of visa being re- quested. (d) Other documentary evidence for non- immigrant visa Every alien applying for a nonimmigrant visa and alien registration shall furnish to the con- sular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required. All non- immigrant visa applications shall be reviewed and adjudicated by a consular officer. (e) Signing and verification of application Except as may be otherwise prescribed by reg- ulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall be- come the immigrant visa. The application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as may be by regulations prescribed. The issuance of a non- immigrant visa shall, except as may be other- wise by regulations prescribed, be evidenced by a stamp, or other 1 placed in the alien’s passport. (f) Confidential nature of records The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administra- tion, or enforcement of the immigration, nation- ality, and other laws of the United States, ex- cept that— (1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.2 (2) the Secretary of State, in the Secretary’s discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State’s computerized visa lookout database and, when necessary and appropriate, other records covered by this sec- tion related to information in the database— (A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled sub- stances, persons, or illicit weapons; or (B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes de- scribed in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States. (g) Nonimmigrant visa void at conclusion of au- thorized period of stay (1) In the case of an alien who has been admit- ted on the basis of a nonimmigrant visa and re- mained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the con- clusion of such period of stay. (2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except— (A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s na- tionality (or, if there is no office in such coun- try, in such other consular office as the Sec- retary of State shall specify); or (B) where extraordinary circumstances are found by the Secretary of State to exist. (h) In person interview with consular officer Notwithstanding any other provision of this chapter, the Secretary of State shall require every alien applying for a nonimmigrant visa— (1) who is at least 14 years of age and not more than 79 years of age to submit to an in person interview with a consular officer unless the requirement for such interview is waived— (A) by a consular official and such alien is— (i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101(a)(15) of this title; (ii) within the NATO visa category; Page 284 TITLE 8—ALIENS AND NATIONALITY § 1202 3 So in original. Subpar. (C) of section 1101(a)(15) does not con- tain clauses. (iii) within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii) 3 of this title (referred to as the ‘‘C–3 visa’’ cat- egory); or (iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent thereof; (B) by a consular official and such alien is applying for a visa— (i) not more than 12 months after the date on which such alien’s prior visa ex- pired; (ii) for the visa classification for which such prior visa was issued; (iii) from the consular post located in the country of such alien’s usual residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such appli- cant is a national; and (iv) the consular officer has no indica- tion that such alien has not complied with the immigration laws and regulations of the United States; or (C) by the Secretary of State if the Sec- retary determines that such waiver is— (i) in the national interest of the United States; or (ii) necessary as a result of unusual or emergent circumstances; and (2) notwithstanding paragraph (1), to submit to an in person interview with a consular offi- cer if such alien— (A) is not a national or resident of the country in which such alien is applying for a visa; (B) was previously refused a visa, unless such refusal was overcome or a waiver of in- eligibility has been obtained; (C) is listed in the Consular Lookout and Support System (or successor system at the Department of State); (D) is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism, except such na- tionals who possess nationalities of coun- tries that are not designated as state spon- sors of terrorism; (E) requires a security advisory opinion or other Department of State clearance, unless such alien is— (i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101(a)(15) of this title; (ii) within the NATO visa category; (iii) within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii) 3 of this title (referred to as the ‘‘C–3 visa’’ cat- egory); or (iv) an alien who qualifies for a diplo- matic or official visa, or its equivalent; or (F) is identified as a member of a group or sector that the Secretary of State deter- mines— (i) poses a substantial risk of submitting inaccurate information in order to obtain a visa; (ii) has historically had visa applications denied at a rate that is higher than the av- erage rate of such denials; or (iii) poses a security threat to the United States. (June 27, 1952, ch. 477, title II, ch. 3, § 222, 66 Stat. 193; Pub. L. 87–301, § 6, Sept. 26, 1961, 75 Stat. 653; Pub. L. 89–236, § 11(c), Oct. 3, 1965, 79 Stat. 918; Pub. L. 99–653, § 6, Nov. 14, 1986, 100 Stat. 3656; Pub. L. 100–525, §§ 8(e), 9(j), Oct. 24, 1988, 102 Stat. 2617, 2620; Pub. L. 103–416, title II, § 205(a), Oct. 25, 1994, 108 Stat. 4311; Pub. L. 104–208, div. C, title VI, §§ 632(a), 634, Sept. 30, 1996, 110 Stat. 3009–701; Pub. L. 107–56, title IV, § 413, Oct. 26, 2001, 115 Stat. 353; Pub. L. 108–458, title V, §§ 5301(a), 5302, title VII, § 7203(b), Dec. 17, 2004, 118 Stat. 3735, 3736, 3814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (h), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 2004—Subsec. (b). Pub. L. 108–458, § 7203(b)(1), inserted at end ‘‘All immigrant visa applications shall be re- viewed and adjudicated by a consular officer.’’ Subsec. (c). Pub. L. 108–458, § 5302, inserted after sec- ond sentence ‘‘The alien shall provide complete and ac- curate information in response to any request for infor- mation contained in the application.’’ Subsec. (d). Pub. L. 108–458, § 7203(b)(2), inserted at end ‘‘All nonimmigrant visa applications shall be re- viewed and adjudicated by a consular officer.’’ Subsec. (h). Pub. L. 108–458, § 5301(a), added subsec. (h). 2001—Subsec. (f). Pub. L. 107–56 inserted ‘‘—’’ after ‘‘except that’’ and ‘‘(1)’’ before ‘‘in the discretion’’, and added par. (2). 1996—Subsec. (c). Pub. L. 104–208, § 634(a), struck out ‘‘personal description (including height, complexion, color of hair and eyes, and marks of identification);’’ after ‘‘United States;’’, substituted ‘‘applicant, the de- termination of his eligibility for a nonimmigrant visa,’’ for ‘‘applicant’’, and inserted at end ‘‘At the discretion of the Secretary of State, application forms for the var- ious classes of nonimmigrant admissions described in section 1101(a)(15) of this title may vary according to the class of visa being requested.’’ Subsec. (e). Pub. L. 104–208, § 634(b), in first sentence, substituted ‘‘for an immigrant visa’’ for ‘‘required by this section’’, and in fourth sentence, substituted ‘‘stamp, or other’’ for ‘‘stamp’’ and struck out ‘‘by the consular officer’’ before ‘‘in the alien’s passport’’. Subsec. (g). Pub. L. 104–208, § 632(a), added subsec. (g). 1994—Subsec. (a). Pub. L. 103–416, § 205(a), in second sentence substituted ‘‘the alien’’ for ‘‘the immigrant’’ after ‘‘In the application’’ and struck out ‘‘present ad- dress and places of previous residence; whether married or single, and the names and places of residence of spouse and children, if any; calling or occupation; per- sonal description (including height, complexion, color of hair and eyes, and marks of identification); lan- guages he can speak, read, or write; names and address- es of parents, and if neither parent living then the name and address of his next of kin in the country from which he comes; port of entry into the United States; final destination, if any, beyond the port of entry; whether he has a ticket through to such final destina- tion; whether going to join a relative or friend, and, if Page 285 TITLE 8—ALIENS AND NATIONALITY § 1203 so, the name and complete address of such relative or friend; the purpose for which he is going to the United States; the length of time he intends to remain in the United States; whether or not he intends to remain in the United States permanently; whether he was ever arrested, convicted or was ever in prison or almshouse; whether he has ever been the beneficiary of a pardon or an amnesty; whether he has ever been treated in an in- stitution or hospital or other place for insanity or other mental disease; if he claims to be an immediate relative within the meaning of section 1151(b) of this title or a preference or special immigrant, the facts on which he bases such claim; whether or not he is a mem- ber of any class of individuals excluded from admission into the United States, or whether he claims to be ex- empt from exclusion under the immigration laws;’’ be- fore ‘‘and such additional information’’. 1988—Subsec. (a). Pub. L. 100–525, § 9(j), substituted ‘‘whether or not he intends’’ for ‘‘whether or not be in- tends’’. Subsecs. (b), (e). Pub. L. 100–525, § 8(e), made technical correction to Pub. L. 99–653, § 6. See 1986 Amendment note below. 1986—Subsec. (b). Pub. L. 99–653, § 6(a), as amended by Pub. L. 100–525, § 8(e)(1), substituted ‘‘a copy of’’ for ‘‘two copies of’’, ‘‘immigrant; a certified copy of’’ for ‘‘immigrant; two certified copies of’’, ‘‘and a certified copy of’’ for ‘‘and two certified copies of’’, ‘‘The copy of each’’ for ‘‘One copy of each’’, and ‘‘attached to the’’ for ‘‘attached to each copy of the’’. Subsec. (e). Pub. L. 99–653, § 6(b), as amended by Pub. L. 100–525, § 8(e)(2), substituted ‘‘each application’’ for ‘‘each copy of an application’’, ‘‘The application for’’ for ‘‘One copy of the application for’’, and ‘‘the immi- grant visa’’ for ‘‘the immigrant visa, and the other copy shall be disposed of as may be by regulations pre- scribed’’. 1965—Subsec. (a). Pub. L. 89–236 substituted ‘‘an im- mediate relative within the meaning of section 1151 (b) of this title or a preference or special immigrant’’, for ‘‘preference quota or a nonquota immigrant’’. 1961—Subsecs. (a), (c). Pub. L. 87–301 struck out re- quirement to state applicant’s race and ethnic classi- fication. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–458, title V, § 5303, Dec. 17, 2004, 118 Stat. 3736, provided that: ‘‘Notwithstanding section 1086 [Pub. L. 108–458 does not contain a section 1086] or any other provision of this Act [see Tables for classifica- tion], sections 5301 and 5302 [amending this section] shall take effect 90 days after the date of enactment of this Act [Dec. 17, 2004].’’ Pub. L. 108–458, title VII, § 7219, Dec. 17, 2004, 118 Stat. 3835, provided that: ‘‘Notwithstanding any other provi- sion of this Act [see Tables for classification], this sub- title [subtitle B (§§ 7201–7220) of title VII of Pub. L. 108–458, see Tables for classification] shall take effect on the date of enactment of this Act [Dec. 17, 2004].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title VI, § 632(b), Sept. 30, 1996, 110 Stat. 3009–701, provided that: ‘‘(1) VISAS.—Section 222(g)(1) of the Immigration and Nationality Act [8 U.S.C. 1202(g)(1)], as added by sub- section (a), shall apply to a visa issued before, on, or after the date of the enactment of this Act [Sept. 30, 1996]. ‘‘(2) ALIENS SEEKING READMISSION.—Section 222(g)(2) of the Immigration and Nationality Act, as added by subsection (a), shall apply to any alien applying for re- admission to the United States after the date of the en- actment of this Act, except an alien applying for read- mission on the basis on a visa that— ‘‘(A) was issued before such date; and ‘‘(B) is not void through the application of section 222(g)(1) of the Immigration and Nationality Act, as added by subsection (a).’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 205(b), Oct. 25, 1994, 108 Stat. 4311, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to appli- cations made on or after the date of the enactment of this Act [Oct. 25, 1994].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 8(e) of Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effec- tive and Termination Dates of 1988 Amendments note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to applica- tions for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title. 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. SHARING OF CERTAIN INFORMATION Pub. L. 109–162, title VIII, § 834, Jan. 5, 2006, 119 Stat. 3077, provided that: ‘‘Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be con- strued to prevent the sharing of information regarding a United States petitioner for a visa under clause (i) or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited purposes of fulfilling dis- closure obligations imposed by the amendments made by section 832(a) [amending section 1184 of this title] or by section 833 [enacting section 1375a of this title], in- cluding reporting obligations of the Comptroller Gen- eral of the United States under section 833(f).’’ § 1203. Reentry permit (a) Application; contents (1) Any alien lawfully admitted for permanent residence, or (2) any alien lawfully admitted to the United States pursuant to clause 6 of section 3 of the Immigration Act of 1924, between July 1, 1924, and July 5, 1932, both dates inclusive, who intends to depart temporarily from the United States may make application to the At- torney General for a permit to reenter the United States, stating the length of his intended absence or absences, and the reasons therefor. Such applications shall be made under oath, and shall be in such form, contain such information, and be accompanied by such photographs of the applicant as may be by regulations prescribed. (b) Issuance of permit; nonrenewability If the Attorney General finds (1) that the ap- plicant under subsection (a)(1) has been lawfully admitted to the United States for permanent residence, or that the applicant under sub- section (a)(2) has since admission maintained the status required of him at the time of his ad- mission and such applicant desires to visit abroad and to return to the United States to re- sume the status existing at the time of his de-