§ 1202.
(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
So in original. The period probably should be “; and”.
(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.
(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—
(ii)
within the NATO visa category;
(iii)
within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii)
3
So in original. Subpar. (C) of section 1101(a)(15) does not contain clauses.
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—
(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, § 222, [66 Stat. 193]; [Pub. L. 87–301, § 6], Sept. 26, 1961, [75 Stat. 653]; [Pub. L. 89–236, § 11(c)], Oct. 3, 1965, [79 Stat. 918]; [Pub. L. 99–653, § 6], Nov. 14, 1986, [100 Stat. 3656]; [Pub. L. 100–525], §§ 8(e), 9(j), Oct. 24, 1988, [102 Stat. 2617], 2620; [Pub. L. 103–416, title II, § 205(a)], Oct. 25, 1994, [108 Stat. 4311]; [Pub. L. 104–208, div. C, title VI], §§ 632(a), 634, Sept. 30, 1996, [110 Stat. 3009–701]; [Pub. L. 107–56, title IV, § 413], Oct. 26, 2001, [115 Stat. 353]; [Pub. L. 108–458, title V], §§ 5301(a), 5302, title VII, § 7203(b), Dec. 17, 2004, [118 Stat. 3735], 3736, 3814.)