8 USC 1202(f): Records pertaining to the issuance or refusal of visas to enter the US

          
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. 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.
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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--
        (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\
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    \2\ So in original. The period probably should be ``; and''.
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        (2) the Secretary of State, in the Secretary's discretion and on 
    the basis of reciprocity, may

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    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
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    \3\ So in original. Subpar. (C) of section 1101(a)(15) does not 
contain clauses.
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                (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.

(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; Pub. L. 107-
56, title IV, Sec. 413, Oct. 26,

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2001, 115 Stat. 353; Pub. L. 108-458, title V, Secs. 5301(a), 5302, 
title VII, Sec. 7203(b), Dec. 17, 2004, 118 Stat. 3735, 3736, 3814.)


                               Amendments

    2004--Subsec. (b). Pub. L. 108-458, Sec. 7203(b)(1), inserted at end 
``All immigrant visa applications shall be reviewed and adjudicated by a 
consular officer.''
    Subsec. (c). Pub. L. 108-458, Sec. 5302, inserted after second 
sentence ``The alien shall provide complete and accurate information in 
response to any request for information contained in the application.''
    Subsec. (d). Pub. L. 108-458, Sec. 7203(b)(2), inserted at end ``All 
nonimmigrant visa applications shall be reviewed and adjudicated by a 
consular officer.''
    Subsec. (h). Pub. L. 108-458, Sec. 5301(a), added subsec. (h).
    2001--Subsec. (f). Pub. L. 107-56 inserted ``--'' after ``except 
that'' and ``(1)'' before ``in the discretion'', and added par. (2).
    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 2004 Amendment

    Pub. L. 108-458, title V, Sec. 5303, Dec. 17, 2004, 118 Stat. 3736, 
provided that: ``Notwithstanding section 1086 [Pub. L. 108-458 does not 
contain a section 1086] or any other provision of this Act [see Tables 
for classification], sections 5301 and 5302 [amending this section] 
shall take effect 90 days after the date of enactment of this Act [Dec. 
17, 2004].''
    Pub. L. 108-458, title VII, Sec. 7219, Dec. 17, 2004, 118 Stat. 
3835, provided that: ``Notwithstanding any other provision of this Act 
[see Tables for classification], this subtitle [subtitle B 
(Secs. 7201-7220) of title VII of Pub. L. 108-458, see Tables for 
classification] shall take effect on the date of enactment of this Act 
[Dec. 17, 2004].''


                    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.

  Abolition of Immigration and Naturalization Service and Transfer of 
                                Functions

    For abolition of Immigration and Naturalization Service, transfer of 
functions, and treatment of related

[[Page 225]]

references, see note set out under section 1551 of this title.


                     Sharing of Certain Information

    Pub. L. 109-162, title VIII, Sec. 834, Jan. 5, 2006, 119 Stat. 3077, 
provided that: ``Section 222(f) of the Immigration and Nationality Act 
(8 U.S.C. 1202(f)) shall not be construed to prevent the sharing of 
information regarding a United States petitioner for a visa under clause 
(i) or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 
1101(a)(15)(K)) for the limited purposes of fulfilling disclosure 
obligations imposed by the amendments made by section 832(a) [amending 
section 1184 of this title] or by section 833 [enacting section 1375a of 
this title], including reporting obligations of the Comptroller General 
of the United States under section 833(f).''