Aliens and Nationality - 8 USC Section 1202

01/03/05

Sec. 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 additional
information necessary to the identification 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 identity and nationality, if such document is required under the
regulations issued by the Secretary of State. The immigrant shall
furnish to the consular officer with his application a copy of a
certification by the appropriate police authorities stating what
their records show concerning 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
officer. The copy of each document so furnished shall be
permanently attached to the application and become a part thereof.
In the event that the immigrant establishes to the satisfaction 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 document 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 registration; form, manner and
contents of application
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 eligibility for a nonimmigrant visa, and the
enforcement 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
contained in the application. At the discretion of the Secretary of
State, application forms for the various classes of nonimmigrant
admissions described in section 1101(a)(15) of this title may vary
according to the class of visa being requested.
(d) Other documentary evidence for nonimmigrant visa
Every alien applying for a nonimmigrant visa and alien
registration shall furnish to the consular officer, with his
application, a certified copy of such documents pertaining to him
as may be by regulations required. All nonimmigrant visa
applications shall be reviewed and adjudicated by a consular
officer.
(e) Signing and verification of application
Except as may be otherwise prescribed by regulations, 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 become 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
nonimmigrant visa shall, except as may be otherwise 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, administration, or enforcement of the immigration,
nationality, and other laws of the United States, except 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 section 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 substances, 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 described in subparagraph (A) or to deny visas to
persons who would be inadmissible to the United States.
(g) Nonimmigrant visa void at conclusion of authorized period of
stay
(1) In the case of an alien who has been admitted on the basis of
a nonimmigrant visa and remained in the United States beyond the
period of stay authorized by the Attorney General, such visa shall
be void beginning after the conclusion 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 nationality (or, if there is no office in such
country, in such other consular office as the Secretary 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;
(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" category); 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 expired;
(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 applicant is a national; and
(iv) the consular officer has no indication 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 Secretary 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 officer 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 ineligibility 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
nationals who possess nationalities of countries that are not
designated as state sponsors 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" category); or
(iv) an alien who qualifies for a diplomatic or official
visa, or its equivalent; or
(F) is identified as a member of a group or sector that the
Secretary of State determines -
(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 average rate of such denials; or
(iii) poses a security threat to the United States.

AMENDMENTS
2004 - Subsec. (b). Pub. L. 108-458, Sec. 7203(b)(1), inserted at
end "All immigrant visa applications shall be reviewed and
adjudicated by a consular officer."
Subsec. (c). Pub. L. 108-458, Sec. 5302, inserted after second
sentence "The alien shall provide complete and accurate information
in response to any request for information contained in the
application."
Subsec. (d). Pub. L. 108-458, Sec. 7203(b)(2), inserted at end
"All nonimmigrant visa applications shall be reviewed and
adjudicated by a consular officer."
Subsec. (h). Pub. L. 108-458, Sec. 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, Sec. 634(a), struck out
"personal description (including height, complexion, color of hair
and eyes, and marks of identification);" after "United States;",
substituted "applicant, the determination 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
various 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, Sec. 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, Sec. 632(a), added subsec. (g).
1994 - Subsec. (a). Pub. L. 103-416, Sec. 205(a), in second
sentence substituted "the alien" for "the immigrant" after "In the
application" and struck out "present address 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;
personal description (including height, complexion, color of hair
and eyes, and marks of identification); languages he can speak,
read, or write; names and addresses 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 destination; whether going to join a
relative or friend, and, if 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 institution 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 member of any class of individuals excluded
from admission into the United States, or whether he claims to be
exempt from exclusion under the immigration laws;" before "and such
additional information".
1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(j), substituted
"whether or not he intends" for "whether or not be intends".
Subsecs. (b), (e). Pub. L. 100-525, Sec. 8(e), made technical
correction to Pub. L. 99-653, Sec. 6. See 1986 Amendment note
below.
1986 - Subsec. (b). Pub. L. 99-653, Sec. 6(a), as amended by Pub.
L. 100-525, Sec. 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, Sec. 6(b), as amended by Pub. L.
100-525, Sec. 8(e)(2), substituted "each application" for "each
copy of an application", "The application for" for "One copy of the
application for", and "the immigrant visa" for "the immigrant visa,
and the other copy shall be disposed of as may be by regulations
prescribed".
1965 - Subsec. (a). Pub L. 89-236 substituted "an immediate
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 requirement
to state applicant's race and ethnic classification.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-458, title V, Sec. 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 classification], 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, Sec. 7219, Dec. 17, 2004, 118 Stat.
3835, provided that: "Notwithstanding any other provision of this
Act [see Tables for classification], this subtitle [subtitle B
(Secs. 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
Section 632(b) of div. C of Pub. L. 104-208 provided that:
"(1) Visas. - Section 222(g)(1) of the Immigration and
Nationality Act [8 U.S.C. 1202(g)(1)], as added by subsection (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 readmission to the United States
after the date of the enactment of this Act, except an alien
applying for readmission 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
Section 205(b) of Pub. L. 103-416 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
applications 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 Effective 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 applications 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.

Last modified: June 14, 2006