8 U.S.C. § 1201 : US Code - Section 1201: Issuance of visas

Search 8 U.S.C. § 1201 : US Code - Section 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.