§ 1202 — Application For Visas

(a) 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) 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) 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) 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) placed in the alien’s passport. (f) 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) (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. (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) 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) 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.