8 USC 1201 - Issuance of visas

U.S Code last checked for updates: Jan 30, 2025

§ 1201.

Issuance of visas

(a)

Immigrants; nonimmigrants

(1)

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

(A)

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

(B)

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.

(2)

The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry.

(b)

Registration; photographs; waiver of requirement

(c)

Period of validity; renewal or replacement

(1)

Immigrant visas

(2)

Nonimmigrant visas

(3)

Visa replacement

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 the immigrant—

(A)

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;

(B)

is found by a consular officer to be eligible for an immigrant visa; and

(C)

pays again the statutory fees for an application and an immigrant visa.

(4)

Fee waiver

If an immigrant visa was issued, on or after March 27, 2013, for a child who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen, any statutory immigrant visa fees relating to a renewal or replacement of such visa may be waived or, if already paid, may be refunded upon request, subject to such criteria as the Secretary of State may prescribe, if—

(A)

the immigrant child was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and

(B)

if such inability was attributable to factors beyond the control of the adopting parent or parents and of the immigrant.

(d)

Physical examination

(e)

Surrender of visa

(f)

Surrender of documents

(g)

Nonissuance of visas or other documents

(h)

Nonadmission upon arrival

(i)

Revocation of visas or documents

(June 27, 1952, ch. 477, title II, ch. 3, § 221, 66 Stat. 191; Pub. L. 87–301, § 4, Sept. 26, 1961, 75 Stat. 651; Pub. L. 89–236, §§ 11(a), (b), 17, Oct. 3, 1965, 79 Stat. 918, 919; Pub. L. 97–116, § 18(f), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99–653, § 5(a), formerly § 5(a)(a)–(c), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(a), Pub. L. 100–525, § 8(d)(1), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101–649, title VI, § 603(a)(9), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 102–232, title III, § 302(e)(8)(C), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 104–208, div. C, title III, § 308(d)(4)(G), (f)(2)(B), title VI, § 631, Sept. 30, 1996, 110 Stat. 3009–618, 3009–621, 3009–700; Pub. L. 107–173, title III, § 301, May 14, 2002, 116 Stat. 552; Pub. L. 108–458, title V, § 5304(a), Dec. 17, 2004, 118 Stat. 3736; Pub. L. 114–70, § 2, Oct. 16, 2015, 129 Stat. 561.)

cite as: 8 USC 1201