Aliens and Nationality - 8 USC Section 1201

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Sec. 1201. Issuance of visas

(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, 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 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 use as may be by regulations
required. The requirements of this subsection may be waived in the
discretion of the Secretary of State in the case of any alien who
is within that class of nonimmigrants enumerated in sections
1101(a)(15)(A), and 1101(a)(15)(G) of this title, or in the case of
any alien who is granted a diplomatic visa on a diplomatic passport
or on the equivalent thereof.
(c) Period of validity; requirement of visa
An immigrant visa shall be valid for such period, not exceeding
six months, as shall be by regulations prescribed, except that any
visa issued to a child lawfully adopted by a United States citizen
and spouse while such citizen is serving abroad in the United
States Armed Forces, or is employed abroad by the United States
Government, or is temporarily abroad on business, shall be valid
until such time, for a period not to exceed three years, as the
adoptive citizen parent returns to the United States in due course
of his service, employment, or business. A nonimmigrant visa shall
be valid for such periods as shall be by regulations prescribed. In
prescribing the period of validity of a nonimmigrant visa in the
case of nationals of any foreign country who are eligible for such
visas, the Secretary of State shall, insofar as practicable, accord
to such nationals the same treatment upon a reciprocal basis as
such foreign country accords to nationals of the United States who
are within a similar class; except that in the case of aliens who
are nationals of a foreign country and who either are granted
refugee status and firmly resettled in another foreign country or
are granted permanent residence and residing in another foreign
country, the Secretary of State may prescribe the period of
validity of such a visa based upon the treatment granted by that
other foreign country to alien refugees and permanent residents,
respectively, in the United States. An immigrant visa may be
replaced under the original number during the fiscal year in which
the original visa was issued for an immigrant who establishes to
the satisfaction of the consular officer that he was unable to use
the original immigrant visa during the period of its validity
because of reasons beyond his control and for which he was not
responsible: Provided, That the immigrant is found by the consular
officer to be eligible for an immigrant visa and the immigrant pays
again the statutory fees for an application and an immigrant visa.
(d) Physical examination
Prior to the issuance of an immigrant visa to any alien, the
consular officer shall require such alien to submit to a physical
and mental examination in accordance with such regulations as may
be prescribed. Prior to the issuance of a nonimmigrant visa to any
alien, the consular officer may require such alien to submit to a
physical or mental examination, or both, if in his opinion such
examination is necessary to ascertain whether such alien is
eligible to receive a visa.
(e) Surrender of visa
Each immigrant shall surrender his immigrant visa to the
immigration officer at the port of entry, who shall endorse on the
visa the date and the port of arrival, the identity of the vessel
or other means of transportation by which the immigrant arrived,
and such other endorsements as may be by regulations required.
(f) Surrender of documents
Each nonimmigrant shall present or surrender to the immigration
officer at the port of entry such documents as may be by regulation
required. In the case of an alien crewman not in possession of any
individual documents other than a passport and until such time as
it becomes practicable to issue individual documents, such alien
crewman may be admitted, subject to the provisions of this part, if
his name appears in the crew list of the vessel or aircraft on
which he arrives and the crew list is visaed by a consular officer,
but the consular officer shall have the right to deny admission to
any alien crewman from the crew list visa.
(g) Nonissuance of visas or other documents
No visa or other documentation shall be issued to an alien if (1)
it appears to the consular officer, from statements in the
application, or in the papers submitted therewith, that such alien
is ineligible to receive a visa or such other documentation under
section 1182 of this title, or any other provision of law, (2) the
application fails to comply with the provisions of this chapter, or
the regulations issued thereunder, or (3) the consular officer
knows or has reason to believe that such alien is ineligible to
receive a visa or such other documentation under section 1182 of
this title, or any other provision of law: Provided, That a visa or
other documentation may be issued to an alien who is within the
purview of section 1182(a)(4) of this title, if such alien is
otherwise entitled to receive a visa or other documentation, upon
receipt of notice by the consular officer from the Attorney General
of the giving of a bond or undertaking providing indemnity as in
the case of aliens admitted under section 1183 of this title:
Provided further, That a visa may be issued to an alien defined in
section 1101(a)(15)(B) or (F) of this title, if such alien is
otherwise entitled to receive a visa, upon receipt of a notice by
the consular officer from the Attorney General of the giving of a
bond with sufficient surety in such sum and containing such
conditions as the consular officer shall prescribe, to insure that
at the expiration of the time for which such alien has been
admitted by the Attorney General, as provided in section 1184(a) of
this title, or upon failure to maintain the status under which he
was admitted, or to maintain any status subsequently acquired under
section 1258 of this title, such alien will depart from the United
States.
(h) Nonadmission upon arrival
Nothing in this chapter shall be construed to entitle any alien,
to whom a visa or other documentation has been issued, to be
admitted (!1) the United States, if, upon arrival at a port of
entry in the United States, he is found to be inadmissible under
this chapter, or any other provision of law. The substance of this
subsection shall appear upon every visa application.
(i) Revocation of visas or documents
After the issuance of a visa or other documentation to any alien,
the consular officer or the Secretary of State may at any time, in
his discretion, revoke such visa or other documentation. Notice of
such revocation shall be communicated to the Attorney General, and
such revocation shall invalidate the visa or other documentation
from the date of issuance: Provided, That carriers or
transportation companies, and masters, commanding officers, agents,
owners, charterers, or consignees, shall not be penalized under
section 1323(b) of this title for action taken in reliance on such
visas or other documentation, unless they received due notice of
such revocation prior to the alien's embarkation. There shall be no
means of judicial review (including review pursuant to section 2241
of title 28 or any other habeas corpus provision, and sections 1361
and 1651 of such title) of a revocation under this subsection,
except in the context of a removal proceeding if such revocation
provides the sole ground for removal under section 1227(a)(1)(B) of
this title.

AMENDMENTS
2004 - Subsec. (i). Pub. L. 108-458 inserted at end "There shall
be no means of judicial review (including review pursuant to
section 2241 of title 28 or any other habeas corpus provision, and
sections 1361 and 1651 of such title) of a revocation under this
subsection, except in the context of a removal proceeding if such
revocation provides the sole ground for removal under section
1227(a)(1)(B) of this title."
2002 - Subsec. (a). Pub. L. 107-173 designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, of par. (1), and added par.
(2).
1996 - Subsec. (c). Pub. L. 104-208, Sec. 631, substituted "six
months" for "four months" and inserted "; except that in the case
of aliens who are nationals of a foreign country and who either are
granted refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in another
foreign country, the Secretary of State may prescribe the period of
validity of such a visa based upon the treatment granted by that
other foreign country to alien refugees and permanent residents,
respectively, in the United States" after "within a similar class".
Subsec. (f). Pub. L. 104-208, Sec. 308(d)(4)(G), substituted
"deny admission to" for "exclude".
Subsec. (h). Pub. L. 104-208, Sec. 308(f)(2)(B), substituted "be
admitted" for "enter".
1991 - Subsec. (a). Pub. L. 102-232 struck out "nonpreference,"
before "immediate relative".
1990 - Subsec. (g). Pub. L. 101-649 substituted "1182(a)(4) of
this title" for "1182(a)(7), or section 1182(a)(15) of this title".
1988 - Subsecs. (a) to (c). Pub. L. 100-525 made technical
correction to Pub. L. 99-653, Sec. 5. See 1986 Amendment note
below.
1986 - Subsec. (a). Pub. L. 99-653, Sec. 5(a)(1), formerly Sec.
5(a)(a), as redesignated by Pub. L. 100-525, in cl. (1) substituted
"specify the foreign state" for "specify the quota", "under such
foreign state" for "under such quota", "special immigrant
classification" for "special immigration classification", and
struck out "one copy of" after "shall consist of".
Subsec. (b). Pub. L. 99-653, Sec. 5(a)(2), formerly Sec. 5(a)(b),
as redesignated by Pub. L. 100-525, amended subsec. (b) generally,
striking out "and fingerprinted" after "shall be registered" and
substituting "sections 1101(a)(15)(A) and 1101(a)(15)(G) of this
title" for "section 1101(a)(15)(A) and (G) of this title".
Subsec. (c). Pub. L. 99-653, Sec. 5(a)(3), formerly Sec. 5(a)(c),
as redesignated by Pub. L. 100-525, amended subsec. (c) generally,
substituting "during the fiscal year" for "during the year",
"Provided, That the immigrant" for "Provided, the consular officer
is in possession of the duplicate signed copy of the original visa,
the immigrant", and "statutory fees" for "statutory fee".
1981 - Subsec. (a). Pub. L. 97-116 substituted a comma for the
period after "alien is charged".
1965 - Subsec. (a). Pub. L. 89-236, Sec. 11(a), substituted a
reference to preference, nonpreference, immediate relative, and
special immigration classification, for a reference to nonquota
categories to which immigrants are classified.
Subsec. (c). Pub. L. 89-236, Sec. 11(b), struck out references to
"quota" wherever appearing.
Subsec. (g). Pub. L. 89-236, Sec. 17, inserted proviso permitting
issuance of student or visitors visas in cases where the alien
gives a bond so as to allow resolution of doubts in borderline
cases in which the consular officer is uncertain as to the bona
fides of the nonimmigrant's intention to remain in the United
States temporarily.
1961 - Subsec. (c). Pub. L. 87-301 provided that an immigrant
visa issued to a child adopted by a United States citizen and
spouse while such citizen is serving abroad in the United States
Armed Forces or employed abroad by our Government, or temporarily
abroad on business, shall remain valid to such time, but not
exceeding three years, as the adoptive parent returns to the United
States in due course of service, employment or business.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-458 effective Dec. 17, 2004, and
applicable to revocations under sections 1155 and 1201(i) of this
title made before, on, or after such date, see section 5304(d) of
Pub. L. 108-458, set out as a note under section 1155 of this
title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(G), (f)(2)(B) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 302(e)(8) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 162(e)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 applicable to individuals entering
United States on or after June 1, 1991, see section 601(e)(1) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 23(b) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
amendments made by sections 5, 6, 8, 9, and 10 [amending this
section and sections 1202, 1301, 1302, and 1304 of this title and
repealing section 1201a of this title] apply to applications for
immigrant visas made, and visas issued, on or after November 14,
1986."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 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.

PROCESSING OF VISA APPLICATIONS
Pub. L. 107-228, div. A, title II, Sec. 233, Sept. 30, 2002, 116
Stat. 1373, provided that:
"(a) In General. - It shall be the policy of the Department [of
State] to process each visa application from an alien classified as
an immediate relative or as a K-1 nonimmigrant within 30 days of
the receipt of all necessary documents from the applicant and the
Immigration and Naturalization Service. In the case of an immigrant
visa application where the petitioner is a relative other than an
immediate relative, it should be the policy of the Department to
process such an application within 60 days of the receipt of all
necessary documents from the applicant and the Immigration and
Naturalization Service.
"(b) Definitions. - In this section:
"(1) Immediate relative. - The term 'immediate relative' has
the meaning given the term in section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
"(2) K-1 nonimmigrant. - The term 'K-1 nonimmigrant' means a
nonimmigrant alien described in section 101(a)(15)(K)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i))."
PREVENTION OF CONSULATE SHOPPING
Pub. L. 107-56, title IV, Sec. 418, Oct. 26, 2001, 115 Stat. 355,
provided that:
"(a) Review. - The Secretary of State shall review how consular
officers issue visas to determine if consular shopping is a
problem.
"(b) Actions to be Taken. - If the Secretary of State determines
under subsection (a) that consular shopping is a problem, the
Secretary shall take steps to address the problem and shall submit
a report to Congress describing what action was taken."
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
237], Nov. 29, 1999, 113 Stat. 1536, 1501A-430, provided that:
"(a) Policy. - It shall be the policy of the Department of State
to process immigrant visa applications of immediate relatives of
United States citizens and nonimmigrant K-1 visa applications of
fiances of United States citizens within 30 days of the receipt of
all necessary documents from the applicant and the Immigration and
Naturalization Service. In the case of an immigrant visa
application where the sponsor of such applicant is a relative other
than an immediate relative, it should be the policy of the
Department of State to process such an application within 60 days
of the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service.
"(b) Reports. - Not later than 180 days after the date of
enactment of this Act [Nov. 29, 1999], and not later than 1 year
thereafter, the Secretary of State shall submit to the appropriate
congressional committees [Committee on International Relations of
the House of Representatives and Committee on Foreign Relations of
the Senate] a report on the extent to which the Department of State
is meeting the policy standards under subsection (a). Each report
shall be based on a survey of the 22 consular posts which account
for approximately 72 percent of immigrant visas issued and, in
addition, the consular posts in Guatemala City, Nicosia, Caracas,
Naples, and Jakarta. Each report should include data on the average
time for processing each category of visa application under
subsection (a), a list of the embassies and consular posts which do
not meet the policy standards under subsection (a), the amount of
funds collected worldwide for processing of visa applications
during the most recent fiscal year, the estimated costs of
processing such visa applications (based on the Department of
State's most recent fee study), the steps being taken by the
Department of State to achieve such policy standards, and results
achieved by the interagency working group charged with the goal of
reducing the overall processing time for visa applications."
PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR
CERTAIN RESIDENTS OF HONG KONG
Section 154 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(d)(4), Dec. 12, 1991, 105 Stat. 1745, provided
that:
"(a) Extending Period of Validity. -
"(1) In general. - Subject to paragraph (2), the limitation on
the period of validity of an immigrant visa under section 221(c)
of the Immigration and Nationality Act [8 U.S.C. 1201(c)] shall
not apply in the case of an immigrant visa issued, on or after
the date of the enactment of this Act [Nov. 29, 1990] and before
September 1, 2001, to an alien described in subsection (b), but
only if -
"(A) the alien elects, within the period of validity of the
immigrant visa under such section, to have this section apply,
and
"(B) before the date the alien seeks to be admitted to the
United States for lawful permanent residence, the alien
notifies the appropriate consular officer of the alien's
intention to seek such admission and provides such officer with
such information as the officer determines to be necessary to
verify that the alien remains eligible for admission to the
United States as an immigrant.
"(2) Limitation on extension. - In no case shall the period of
validity of a visa be extended under paragraph (1) beyond January
1, 2002.
"(3) Treatment under numerical limitations. - In applying the
numerical limitations of sections 201 and 202 of the Immigration
and Nationality Act [8 U.S.C. 1151, 1152] in the case of aliens
for whose visas the period of validity is extended under this
section, such limitations shall only apply at the time of
original issuance of the visas and not at the time of admission
of such aliens.
"(b) Aliens Covered. - An alien is described in this subsection
if the alien -
"(1)(A) is chargeable under section 202 of the Immigration and
Nationality Act [8 U.S.C. 1152] to Hong Kong or China, and
"(B)(i) is residing in Hong Kong as of the date of the
enactment of this Act [Nov. 29, 1990] and is issued an immigrant
visa under paragraph (1), (2), (4), or (5) of section 203(a) of
the Immigration and Nationality Act [8 U.S.C. 1153(a)] (as in
effect on the date of the enactment of this Act) or under section
203(a) or 203(b)(1) of such Act (as in effect on and after
October 1, 1991), or (ii) is the spouse or child (as defined in
subsection (d)) of an alien described in clause (i), if
accompanying or following to join the alien in coming to the
United States; or
"(2) is issued a visa under section 124 of this Act [enacting
provisions set out as a note under section 1153 of this title].
"(c) Treatment of Certain Employees in Hong Kong. -
"(1) In general. - In applying the proviso of section 7 of the
Central Intelligence Agency Act of 1949 [50 U.S.C. 403h], in the
case of an alien described in paragraph (2), the Director may
charge the entry of the alien against the numerical limitation
for any fiscal year (beginning with fiscal year 1991 and ending
with fiscal year 1996) notwithstanding that the alien's entry is
not made to the United States in that fiscal year so long as such
entry is made before the end of fiscal year 1997.
"(2) Aliens covered. - An alien is described in this paragraph
if the alien -
"(A) is an employee of the Foreign Broadcast Information
Service in Hong Kong, or
"(B) is the spouse or child (as defined in subsection (d)) of
an alien described in subparagraph (A), if accompanying or
following to join the alien in coming to the United States.
"[(3) Repealed. Pub. L. 102-232, title III, Sec. 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. 403h]."
[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 section 1101 of this title.]
CUBAN POLITICAL PRISONERS AND IMMIGRANTS
Pub. L. 100-204, title IX, Sec. 903, Dec. 22, 1987, 101 Stat.
1401, as amended by Pub. L. 104-208, div. C, title III, Sec.
308(g)(7)(C)(iii), Sept. 30, 1996, 110 Stat. 3009-624, provided
that:
"(a) Processing of Certain Cuban Political Prisoners as Refugees.
- In light of the announcement 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 the enactment of this Act [Dec. 22, 1987], consular
officers 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 necessary to
reassure the orderly process of available applicants.
"(b) Processing of Immigrant Visa Applications of Cuban Nationals
in Third Countries. - Notwithstanding section 212(f) and section
243(d) of the Immigration 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 necessary documents and the
making of appropriate determinations with respect to such
applications.
"(2) The term 'refugee' has the meaning given such term in
section 101(a)(42) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(42)]."
Pub. L. 100-202, Sec. 101(a) [title VII], Dec. 22, 1987, 101
Stat. 1329, 1329-39, as amended by Pub. L. 104-208, div. C, title
III, Sec. 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 Political Prisoners as
Refugees. - In light of the announcement 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 necessary to
reassure the orderly process of available applicants.
"(b) Processing of Immigrant Visa Applications of Cuban Nationals
in Third Countries. - Notwithstanding section 212(f) and section
243(d) of the Immigration 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 necessary documents and the
making of appropriate determinations with respect to such
applications.
"(2) The term 'refugee' has the meaning given such term in
section 101(a)(42) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(42)]."

Last modified: June 14, 2006

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Aliens and Nationality - 8 USC Section 1201

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