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moved from the United States within the (iii) The commission of fraud or the meaning of section 212(a) (17) of the Act willful misrepresentation of a material shall be required to obtain permission fact in seeking to enter the United States from the Immigration and Naturaliza- as distinguished from fraud or misreption Service to reapply for admission into resentation in connection with the prothe United States before a visa may be curement, or attempt to procure, docuissued, regardless of the period of time ments for entry, shall not render an which may have elapsed since his de- alien inelibible to receive a visa under the portation or removal.
provisions of section 212(a) (19) of the (18) Stowaways. (Section 212(a) (18) Act. (6 I. & N. Dec. 149, approved by the of the Act inapplicable at time of visa Attorney General 9–13-54) application.)
(20) Immigrant documentary require(19) Fraud and misrepresentation.
ments. (Section 212(a) (20) of the Act (i) An alien who seeks to procure, or has inapplicable.) sought to procure, or has procured a
(21) Non-compliance with section 203 visa or other documentation for entry
of the Act. (Section 212(a) (21) of the into the United States by fraud or by Act inapplicable.) willfully misrepresenting a material fact, (22) Aliens ineligible to citizenship or regardless of whether such fraud or mis- who departed to avoid service in the representation occurred before or after
Armed Forces. An alien shall be refused December 24, 1952, shall be ineligible to a nonimmigrant visa under the provireceive a visa under the provisions of sions of section 212(a) (22) of the Act section 212(a) (19) of the Act: Provided, if, having other than nonimmigrant That the provisions of this subdivision
status, he departed from or remained shall not be applicable if the fraud or outside of the United States on or after misrepresentation was committed by an
September 8, 1939 to avoid or evade alien at the time he sought entry into a training or service in the United States country other than the United States or Armed Forces. obtained travel documents as a bona fide (23) Narcotics traffickers. An alien refugee and the refugee was in fear of shall be ineligible to receive a nonimmibeing repatriated to his former home
grant visa under the provisions of section land if he had disclosed the facts in his 212(a) (23) of the Act, as amended, ircase in connection with his application respective of whether the conviction for for a visa to enter the United States: illegal possession of narcotic drugs or Provided further, That the fraud or mis- marihuana or for conspiracy to violate representation was not committed by
any law or regulation within the consuch refugee for the purpose of evading templation of the Narcotic Control Act the quota restrictions of the United of 1956 occurred before or after July 18, States immigration laws, or investiga- 1956. tion of the alien's record at the place of (24) Aliens arriving in foreign contighis former residence or elsewhere in con- uous territory or adjacent islands on nection with an application for a visa. nonsignatory transportation lines. The (ii) Subject to the conditions stated in
provisions of section 212(a) (24) of the subdivision (i) of the subparagraph, an Act shall not render an alien ineligible to alien who is found by the consular officer
receive a nonimmigrant visa inasmuch as to have made a willful misrepresentation the Attorney General upon the recomwithin the meaning of section 10 of the mendation of the Secretary of State has Displaced Persons Act
as waived this ground of ineligibility for amended, for the purpose of gaining ad- nonimmigrants under the authority conmission into the United States as an eli- tained in section 212(d) (3) (A) of the gible displaced person, or to have made Act. a material misrepresentation within the (25) Illiterates. (Section 212(a) (25) meaning of section 11(e) of the Refugee of the Act inapplicable: section 212(d) Relief Act of 1953, as amended, for the (1).) purpose of gaining admission into the
(26) Nonimmigrant documentary reUnited States as an alien eligible there- quirements. (i) A passport which is under, shall be considered ineligible to valid indefinitely for the return of the receive a visa under the provisions of bearer to the country whose government section 212(a) (19) of the Act.
issued such passport shall be deemed to
have the required minimum period of proscribed party or organization by ofivalidity as specified in section 212(a) (26) cial act, proclamation, order, edict, or of the Act.
decree. (ii) A crew-list visa issued in accord- (vi) In accordance with the definition ance with § 41.127 is considered to con- of “totalitarian party” contained in secstitute a valid nonimmigrant visa within tion 101(a) (37) of the Act, a former or the meaning of section 212(a) (26) (B) present voluntary member of, or an alien of the Act.
who was, or is, voluntarily affiliated with
a noncommunist party, organization, or CROSS REFERENCE: For waivers of and exemptions from documentary requirements group, or of any section, subsidiary, see $ $ 41.5, 41.6, and 41.91(f).
branch, affiliate or subdivision thereof,
which during the time of its existence (27) Prejudicial activities. [Re
did not or does not advocate the estabserved]
lishment in the United States of a totali(28) Members or affiliates of pro
tarian dictatorship, shall not be considscribed organizations. (i) The term
ered ineligible under the provisions of "affiliate”, as used in section 212(a) (28)
section 212(a) (28) (C) of the Act to re(C) and (I) of the Act, shall mean an
ceive a visa, unless the alien is known organization which is related to, or iden
or believed by the consular officer to tified with, a proscribed association or
advocate, or to have advocated, personparty, including any section, subsidiary ally, the establishment in the United branch, or subdivision thereof, in such States of a totalitarian dictatorship, close association as to evidence an adher
within the meaning of section 212(a) (28) ence to or a furtherance of the purposes (D) of the Act. and objectives of such association or par- (vii) The words "actively opposed”, as ty, or as to indicate a working alliance to used in section 212(a) (28) (I) (ii) of the bring to fruition the purposes and objec- Act, shall be considered as embracing tives of the proscribed association or speeches, writings, and other overt or party. An organization which gives, covert activities in opposition to the docloans, or promises support, money, or trine, program, principles, and ideology other thing of value for any purpose to of the party or organization, or the secany proscribed association or party shall tion, subsidiary, branch, or affiliate or be presumed to be an "affiliate” of such subdivision thereof, of which the alien association or party, but nothing con- was formerly a voluntary member. tained in this subdivision shall be con- (29) Espionage, sabotage, or other strued as an exclusive definition of the subversive activities. [Reserved] term “affiliate.”
(30) Alien accompanying excludable (ii) Service, whether voluntary or alien. (Section 212(a) (30) of the Act not, in the armed forces of any country inapplicable.) shall not be regarded, of itself, as con- (31) Alien aiding illegal entrant. stituting or establishing an alien's mem- [Reserved] bership in, or affiliation with, any pro- (b) Aliens unable to establish nonscribed party or organization, and shall immigrant status. (1) a nonimmigrant not, of itself, constitute a ground of in- visa shall not be issued to an alien who eligibility to receive a visa.
has failed to overcome the presumption (iii) Voluntary service in a political of immigrant status established by seccapacity shall constitute affiliation with tion 214(b) of the Act. An alien shall the political party or organization in be considered to have established bona power at the time of such service.
fide nonimmigrant status only if the (iv) If an alien continues or contin- consular officer is satisfied that his case ued his membership in or affiliation with falls within one of the nonimmigrant a proscribed organization on or after categories described in section 101(a) reaching sixteen years of age, only his (15) of the Act or otherwise established activities after reaching that age shall by law or treaty. be pertinent to a determination whether (2) Consular officers are authorized in the continuation of his membership or borderline cases under sections (101) (a) affiliation is or was voluntary.
(15) (B) and (F) to require the posting (v) The term “operation of law”, as of a bond with the Attorney General. used in section 212(a) (28) (I) of the Act, (See $$ 41.25 (a) (1) and 41.45(a) (4).) shall include any case wherein the alien (c) Failure of application to comply without his acquiescence automatically with Act. (1) An alien's visa applicabecame a member of or affiliated with a tion shall be considered as failing to comply with the provisions of the act or is considered by the Department to be the regulations issued thereunder if: persona non grata. (i) The applicant fails to furnish the (2) Only those provisions of section information to be included in such ap- 212(a) of the Act which are stated plication as required by the Act or the specifically with reference to each class regulations contained in this part;
apply to the following classes of non(ii) The application contains a false immigrants: (i) Class A-1: Section 212 or incorrect statement other than one (a) (27) upon the direction of the Preswhich would constitute a ground of in- ident and the issuance of appropriate eligibility under section 212(a) (9) or rules and regulations; (ii) Class A-2: (19) of the Act;
Section 212(a) (27) and (29); (iii) Class (iii) The application is not supported
C-2: Section 212(a) (26) (A), (27), (28) by the documents required under the
and (29); (iv) Class C-3: Section 212(a) provisions of the Act or the regulations
(26) (A), (27) and (29); (v) Class G-1: contained in this part;
Section 212(a) (27); (vi) Classes G-2, (iv) The applicant refuses to be
G-3, and G-4: Section 212(a) (27) and fingerprinted if required by the Act or
(29); (vii) Class NATO-1: Section the regulations contained in this part;
212(a) (27); (viii) Classes NATO-2, (v) The necessary fee is not paid for
NATO-3, NATO-4 and NATO-6; Section the issuance of a nonimmigrant visa; or
212(a) (27) and (29). (vi) The application otherwise fails to
(3) An alien within class A-3 or G-5 meet the specific requirements of the
shall be subject to all grounds of reAct for reasons for which the applicant
fusal specified in section 212 of the Act is responsible.
which are applicable to nonimmigrants (2) The grounds of refusal described
in general except paragraph (28) of in subparagraph (1) of this paragraph
subsection (a) of that section. shall not constitute a bar to the recon
(f) Exception from passport validity sideration of the application upon com
requirement for certain nonimmigrants. pliance with statutory or regulatory re
A nonimmigrant alien in whose case the quirements, or to the consideration of a
passport requirement of section 212(a)
(26) has not been waived and subsequent application submitted by the
(1) Who is within one of the classes same applicant.
of nonimmigrants described in section (d) Former exchange visitors. An
101(a) (15) (A) (i) and (ii) of the Act, or alien who was admitted into the United
(2) Who is within one of the classes States as an exchange visitor subsequent
of nonimmigrants described in section to June 4, 1956, or who otherwise ac
101 (a) (15) (G) (i), (ii), (iii), and (iv) quired the status of an exchange visitor
of the Act, or subsequent to June 4, 1956, including an
(3) Who is within a class of nonimmialien granted an extension of the period
grants classifiable under the visa symbol of his temporary admission subsequent
NATO-1, NATO-2, NATO-3, NATO-4, to September 20, 1956, shall not be eligi
or NATO-6, ble to apply for and receive a nonimmigrant visa under the provisions of
shall present a passport which is valid section 101(a) (15) (H) of the Act not- for a sufficient period to enable the alien withstanding the approval of a petition
to apply for admission at a port of entry as provided in section 214(c) of the Act prior to its expiration. unless (1) the consular officer is satisfied (79 Stat. 919) (Dept. Reg. 108.411, 24 F.R. that for an aggregate of at least two
6678, Aug. 18, 1959; 24 F.R. 6943, Aug. 27, years following the termination of his
1959, as amended by Dept. Reg. 108.422, 24 exchange visitor status the alien has re
F.R. 11081, Dec. 31, 1959; Dept. Reg. 108.433,
25 F.R. 4579, May 25, 1960, Dept. Reg. 108.441, sided and been physically present
25 F.R. 7018, July 23, 1960; Dept. Reg. 108.abroad in a foreign country as required
477, 25 F.R. 9243, Sept. 28, 1960; Dept. Reg. by section 212(e) of the Act, or (2) the 108.469, 26 F.R. 6441, July 18, 1961; Dept. residence-abroad requirement of section Reg. 108.471, 26 F.R. 9549, Oct. 10, 1961; 212(e) of the Act has been waived. (See Dept. Reg. 108–472, 26 F.R. 10051, Oct. 26, $$ 63.6 and 63.7 of this chapter.)
1961; Dept. Reg. 108.504, 29 F.R. 2782, Feb.
28, 1964; Dept. Reg. 108.527, 30 F.R. 14783, (e) Grounds for refusal of visas ap
Nov. 30, 1965) plicable to certain nonimmigrant
CROSS REFERENCE: For validity period of classes. (1) No visa may be issued in
passport for alien classifiable under section the A-1 or A-2 category to an alien who 212(d) (8) of the Act, see § 41.6(e) (2).
TEMPORARY ADMISSION OF INELIGIBLE (a) An alien who is in possession of a ALIENS
diplomatic passport or its equivalent and
who is within any of the following 8 41.95 Procedure in recommending
classes: (1) Heads of states and their temporary admission of ineligible aliens.
alternates; (2) members of a reigning
royal family; (3) governors-general, (a) Except as provided in paragraph
governors, high commissioners, and sim(b) of this section, a consular officer ilar high administrative or executive may, upon his own initiative, and shall, officers of a territorial unit, and their upon the request of the Secretary of alternates; (4) cabinet ministers and State or upon the request of the alien, their assistants holding executive or adsubmit a report to the Department for ministrative positions not inferior to possible transmission to the Attorney that of the head of a departmental diviGeneral pursuant to the provisions of sion, and their alternates; (5) presiding section 212(d) (3) (A) of the Act in the officers of chambers of national legislacase of an alien who is classifiable as a
tive bodies; (6) justices of the highest nonimmigrant but who is known or be- national court of a foreign country; lieved by the consular officer to be in- (7) ambassadors, public ministers, other eligible to receive a nonimmigrant visa officers of the diplomatic service and conunder the provisions of section 212(a) sular officers of career; (8) military ofof the Act, other than paragraph (27) ficers holding a rank not inferior to that or (29).
of a brigadier general in the United (b) A consular officer may, in certain States Army or Air Force and Naval categories defined by the Secretary of officers holding a rank not inferior State, recommend directly to designated to that of a rear admiral in the United immigration officers that an alien's tem
States Navy; (9) military, naval, air and porary admission be authorized under other attachés and assistant attachés asthe provisions of section 212(d) (3) (A) signed to a foreign diplomatic mission; of the Act.
(10) officers of foreign-government dele(c) When the Attorney General au- gations to international organizations so thorizes the temporary admission of an designated by Executive Order; (11) ofineligible alien as a nonimmigrant and ficers of foreign-government delegations the consular officer is so informed, the to, and officers of, international bodies of consular officer may proceed with the an official nature, other than internaissuance of a nonimmigrant visa to the tional organizations so designated by alien, subject to the conditions imposed Executive Order; (12) officers of a dipby the Attorney General.
lomatic mission of a temporary char(Sec. 212, 66 Stat. 182; 8 U.S.C. 1182) (Dept. acter proceeding to or through the Reg. 108.48, 28 F.R. 274, Jan. 10, 1963]
United States in the performance of their TYPES OF NONIMMIGRANT VISAS
official duties; (13) officers of foreign
government delegations proceeding to or § 41.100 Regular, diplomatic and offi- from a specific international conference cial visas.
of an official nature; (14) members of A nonimmigrant visa of any classifica- the immediate family of a principal alien tion shall be issued as a regular nonim- who is within one of the classes described migrant visa unless the alien falls within in subparagraphs (1) to (11) inclusive, one of the classes entitled to a diplomatic of this paragraph; (15) members of the or official visa as described in $$ 41.102
immediate family accompanying or foland 41.104.
lowing to join the principal alien who is [Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18,
within one of the classes described in subparagraphs (12) and (13) of this par
agraph ; (16) diplomatic couriers pro§ 41.102 Classes of aliens eligible to re
ceeding to or through the United States ceive diplomatic visas.
in the performance of their official A nonimmigrant within one of the fol- duties; lowing categories shall, if otherwise (b) Any other individual alien or class qualified, be eligible to receive a diplo- of aliens for whom the acceptance of an matic visa irrespective of his classifica- application for a diplomatic visa has tion under $ 41.12:
been authorized by the Department or
by the Chief of a United States Diplo- (9) Clerical and custodial employees matic Mission, the Deputy Chief of Mis- attached to a diplomatic mission of a sion, the Counselor for Consular Affairs temporary character proceeding to or or the principal officer of a consular post through the United States in the pernot under the jurisdiction of a diplo- formance of their official dụties; matic mission.
(10) Clerical and custodial employees (Sec. 212(e), 75 Stat. 527; 8 U.S.C. 1182) attached to foreign-government delega(Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18, tions proceeding to or from a specific 1959, as amended by Dept. Reg. 108.422, 24 international conference of an official F.R. 11082, Dec. 31, 1959; Dept. Reg. 108.492,
nature; 28 F.R. 3261, Apr. 4. 1963)
(11) Officers and employees of foreign
governments recognized de jure by the & 41.104 Classes of aliens eligible to re- United States who are stationed in forceive official visas.
eign contiguous territories or adjacent A nonimmigrant within one of the fol- islands; lowing categories shall, if otherwise (12) Members of the immediate famqualified, be eligible to receive an official ily, attendants, servants and personal visa irrespective of his classification employees of, when accompanying or under $ 41.12:
following to join, a principal alien who (a) An alien within one of the follow- is within one of the classes referred to or ing classes who is not eligible to receive described in subparagraphs (1) to (11) a diplomatic visa:
inclusive of this paragraph; (1) Aliens within a class described in (13) Attendants, servants and per§ 41.102(a) who are ineligible to receive sonal employees accompanying or followa diplomatic visa because they are not in ing to join, a principal alien who is possession of a diplomatic passport or its within one of the classes referred to or equivalent;
described in § 41.102(a) (1) to (13) (2) Aliens classifiable under section inclusive; 101(a) (15) (A) of the Act;
(b) Any other individual alien or class (3) Aliens classifiable under section of aliens for whom the acceptance of an 101(a) (15) (G) of the Act, except those application for an official visa has been classifiable under section 101(a) (15) (G) authorized by the Department or by the (iii) of the Act unless the government of Chief of a United States Diplomatic Miswhich the alien is an accredited repre- sion, the Deputy Chief of Mission, the sentative is recognized de jure by the Counselor for Consular Affairs, or the United States;
principal officer at a consular post not (4) Aliens classifiable under section under the jurisdiction of a diplomatic 101(a) (15) (C) of the Act as nonimmi- mission. grants described in section 212(d) (8) of (Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18, the Act;
1959, as amended by Dept. Reg. 108.422, 24 (5) Members and members-elect of F.R. 11082, Dec. 31, 1959; Dept. Reg. 108.433, national legislative bodies;
25 F.R. 4579, May 25, 1960) (6) Justices of the lesser national and
APPLICATION FOR NONIMMIGRANT VISAS the highest state courts of a foreign country;
& 41.110 Place of application. (7) Officers and employees of national (a) Applications for regular and oflegislative bodies proceeding to or ficial visas. With the exception of certhrough the United States in the per- tain aliens who are in the United States formance of their official duties;
who may be issued nonimmigrant visas (8) Clerical and custodial employees under the provisions of § 41.120, every attached to foreign-government delega- alien applying for a regular or official tions to, and employees of, international visa shall make application to the conbodies of an official nature, other than sular officer in the consular district in international organizations SO desig
which he has as his residence, except that nated by Executive Order, proceeding to a consular officer shall at the direction or through the United States in the per- of the Department, or may in his disformance of their official duties;
cretion, accept an application for a non