
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 418]
[CITE: 8USC1201]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part III--Issuance of Entry Documents
 
Sec. 1201. Issuance of visas


(a) Immigrants; nonimmigrants

    Under the conditions hereinafter prescribed and subject to the 
limitations prescribed in this chapter or regulations issued thereunder, 
a consular officer may issue (1) 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 (2) 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.

(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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``to''.
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(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.

(June 27, 1952, ch. 477, title II, ch. 3, Sec. 221, 66 Stat. 191; Pub. 
L. 87-301, Sec. 4, Sept. 26, 1961, 75 Stat. 651; Pub. L. 89-236, 
Secs. 11(a), (b), 17, Oct. 3, 1965, 79 Stat. 918, 919; Pub. L. 97-116, 
Sec. 18(f), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99-653, Sec. 5(a), 
formerly Sec. 5(a)(a)-(c), Nov. 14, 1986, 100 Stat. 3656, renumbered 
Sec. 5(a), Pub. L. 100-525, Sec. 8(d)(1), Oct. 24, 1988, 102 Stat. 2617; 
Pub. L. 101-649, title VI, Sec. 603(a)(9), Nov. 29, 1990, 104 Stat. 
5083; Pub. L. 102-232, title III, Sec. 302(e)(8)(C), Dec. 12, 1991, 105 
Stat. 1746; Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(G), 
(f)(2)(B), title VI, Sec. 631, Sept. 30, 1996, 110 Stat. 3009-618, 3009-
621, 3009-700.)


                               Amendments

    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 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. 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)].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1204, 1230, 1301, 1302 of 
this title.
