1 So in original.
placed in the alien’s passport.
2 So in original. The period probably should be “; and”.
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
Editorial Notes
References in Text

This chapter, referred to in subsec. (h), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 section 1101 of this title and Tables.

Amendments

2004—Subsec. (b). Pub. L. 108–458, § 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, § 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, § 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, § 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, § 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, § 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, § 632(a), added subsec. (g).

1994—Subsec. (a). Pub. L. 103–416, § 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, § 9(j), substituted “whether or not he intends” for “whether or not be intends”.

Subsecs. (b), (e). Pub. L. 100–525, § 8(e), made technical correction to Pub. L. 99–653, § 6. See 1986 Amendment note below.

1986—Subsec. (b). Pub. L. 99–653, § 6(a), as amended by Pub. L. 100–525, § 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, § 6(b), as amended by Pub. L. 100–525, § 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.

Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment

Pub. L. 108–458, title V, § 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, § 7219, Dec. 17, 2004, 118 Stat. 3835, provided that:

“Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle B (§§ 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

Pub. L. 104–208, div. C, title VI, § 632(b), Sept. 30, 1996, 110 Stat. 3009–701, 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

Pub. L. 103–416, title II, § 205(b), Oct. 25, 1994, 108 Stat. 4311, 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 references, see note set out under section 1551 of this title.

Sharing of Certain Information

Pub. L. 109–162, title VIII, § 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).”