
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 413]
[CITE: 8USC1202]

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

(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. 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.

(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.
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    \1\ So in original.
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(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 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.

(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.

(June 27, 1952, ch. 477, title II, ch. 3, Sec. 222, 66 Stat. 193; Pub. 
L. 87-301, Sec. 6, Sept. 26, 1961, 75 Stat. 653; Pub. L. 89-236, 
Sec. 11(c), Oct. 3, 1965, 79 Stat. 918; Pub. L. 99-653, Sec. 6, Nov. 14, 
1986, 100 Stat. 3656; Pub. L. 100-525, Secs. 8(e), 9(j), Oct. 24, 1988, 
102 Stat. 2617, 2620; Pub. L. 103-416, title II, Sec. 205(a), Oct. 25, 
1994, 108 Stat. 4311; Pub. L. 104-208, div. C, title VI, Secs. 632(a), 
634, Sept. 30, 1996, 110 Stat. 3009-701.)


                               Amendments

    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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1201, 1372 of this title; 
title 22 section 4355.
