8 U.S.C. § 1202 : US Code - Section 1202: Application for visas

Search 8 U.S.C. § 1202 : US Code - Section 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.