Immigrants; nonimmigrants
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.
Period of validity; renewal or replacement
Immigrant visas
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.
Nonimmigrant visas
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.
Visa replacement
Fee waiver
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.
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.
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.
Nonissuance of visas or other documents
section 1182 of this titlesection 1182 of this titleProvidedsection 1182(a)(4) of this titlesection 1183 of this titleProvided furthersection 1184(a) of this titlesection 1258 of this titleNo 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 , 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 , or any other provision of law: , That a visa or other documentation may be issued to an alien who is within the purview of , 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 : , 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 , or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under , such alien will depart from the United States.
Nonadmission upon arrival
1
Revocation of visas or documents
Providedsection 1323(b) of this titlesection 2241 of title 28section 1227(a)(1)(B) of this titleAfter 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: , That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under 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 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 .
June 27, 1952, ch. 47766 Stat. 191Pub. L. 87–301, § 475 Stat. 651Pub. L. 89–23679 Stat. 918Pub. L. 97–116, § 18(f)95 Stat. 1620Pub. L. 99–653, § 5(a)100 Stat. 3656Pub. L. 100–525, § 8(d)(1)102 Stat. 2617Pub. L. 101–649, title VI, § 603(a)(9)104 Stat. 5083Pub. L. 102–232, title III, § 302(e)(8)(C)105 Stat. 1746Pub. L. 104–208, div. C, title III, § 308(d)(4)(G)110 Stat. 3009–618Pub. L. 107–173, title III, § 301116 Stat. 552Pub. L. 108–458, title V, § 5304(a)118 Stat. 3736Pub. L. 114–70, § 2129 Stat. 561(, title II, ch. 3, § 221, ; , , ; , §§ 11(a), (b), 17, , , 919; , , ; , formerly § 5(a)(a)–(c), , , renumbered § 5(a), , , ; , , ; , , ; , (f)(2)(B), title VI, § 631, , , 3009–621, 3009–700; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsecs. (a)(1), (g), and (h), was in the original, “this Act”, meaning , , known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 114–702015—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) related to period of validity and visa requirement.
Pub. L. 108–458section 2241 of title 28section 1227(a)(1)(B) of this title2004—Subsec. (i). inserted at end “There shall be no means of judicial review (including review pursuant to 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 .”
Pub. L. 107–1732002—Subsec. (a). designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Pub. L. 104–208, § 6311996—Subsec. (c). , 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”.
Pub. L. 104–208, § 308(d)(4)(G)Subsec. (f). , substituted “deny admission to” for “exclude”.
Pub. L. 104–208, § 308(f)(2)(B)Subsec. (h). , substituted “be admitted” for “enter”.
Pub. L. 102–2321991—Subsec. (a). struck out “nonpreference,” before “immediate relative”.
Pub. L. 101–649section 1182(a)(15) of this title1990—Subsec. (g). substituted “1182(a)(4) of this title” for “1182(a)(7), or ”.
Pub. L. 100–525Pub. L. 99–653, § 51988—Subsecs. (a) to (c). made technical correction to . See 1986 Amendment note below.
Pub. L. 99–653, § 5(a)(1)Pub. L. 100–5251986—Subsec. (a). , formerly § 5(a)(a), as redesignated by , 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”.
Pub. L. 99–653, § 5(a)(2)Pub. L. 100–525Subsec. (b). , formerly § 5(a)(b), as redesignated by , 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”.
Pub. L. 99–653, § 5(a)(3)Pub. L. 100–525ProvidedProvidedSubsec. (c). , formerly § 5(a)(c), as redesignated by , amended subsec. (c) generally, substituting “during the fiscal year” for “during the year”, “, That the immigrant” for “, the consular officer is in possession of the duplicate signed copy of the original visa, the immigrant”, and “statutory fees” for “statutory fee”.
Pub. L. 97–1161981—Subsec. (a). substituted a comma for the period after “alien is charged”.
Pub. L. 89–236, § 11(a)1965—Subsec. (a). , substituted a reference to preference, nonpreference, immediate relative, and special immigration classification, for a reference to nonquota categories to which immigrants are classified.
Pub. L. 89–236, § 11(b)Subsec. (c). , struck out references to “quota” wherever appearing.
Pub. L. 89–236, § 17Subsec. (g). , 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.
Pub. L. 87–3011961—Subsec. (c). 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–458section 5304(d) of Pub. L. 108–458section 1155 of this titleAmendment by effective , and applicable to revocations under sections 1155 and 1201(i) of this title made before, on, or after such date, see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by section 308(d)(4)(G), (f)(2)(B) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .
Effective Date of 1991 Amendment
Pub. L. 102–232, title III, § 302(e)(8)105 Stat. 1746Pub. L. 101–649, , , provided that the amendment made by section 302(e)(8) is effective as if included in section 162(e) of the Immigration Act of 1990, .
Effective Date of 1990 Amendment
Pub. L. 101–649section 601(e)(1) of Pub. L. 101–649section 1101 of this titleAmendment by applicable to individuals entering United States on or after , see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–653, § 23(b)Pub. L. 100–525, § 8(r)102 Stat. 2619
Effective Date of 1981 Amendment
Pub. L. 97–116section 21(a) of Pub. L. 97–116section 1101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–236section 20 of Pub. L. 89–236section 1151 of this titleFor effective date of amendment by , see , set out as a note under .
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .
Processing of Visa Applications
Pub. L. 107–228, div. A, title II, § 233116 Stat. 1373
In General .—
Definitions .—
Immediate relative .—
nonimmigrant K–1 .—
Prevention of Consulate Shopping
Pub. L. 107–56, title IV, § 418115 Stat. 355
Review .—
Actions to be Taken .—
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 237]113 Stat. 1536
Policy .—
Reports .—
Permitting Extension of Period of Validity of Immigrant Visas for Certain Residents of Hong Kong
Pub. L. 101–649, title I, § 154104 Stat. 5006Pub. L. 102–232, title III, § 302(d)(4)105 Stat. 1745
Extending Period of Validity.—
In general .—
Limitation on extension .—
Treatment under numerical limitations .—
Aliens Covered .—
Treatment of Certain Employees in Hong Kong.—
In general .—
Aliens covered .—
Treatment of Children .—
Section 154 of Pub. L. 101–649section 161(b) of Pub. L. 101–649section 1101 of this title[ effective , and (unless otherwise provided) applicable to fiscal year 1991, see , set out as an Effective Date of 1990 Amendment note under .]
Cuban Political Prisoners and Immigrants
Pub. L. 100–204, title IX, § 903101 Stat. 1401Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(iii)110 Stat. 3009–624
Processing of Certain Cuban Political Prisoners as Refugees .—
Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries .—
Definitions .—
Pub. L. 100–202, § 101(a) [title VII]101 Stat. 1329Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(ii)110 Stat. 3009–624