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immigrant visa from an alien having no residence in the consular district if the alien is physically present therein.

(b) Applications for diplomatic visas. Application for a diplomatic visa shall be made at a diplomatic mission or at a consular office authorized to issue diplomatic visas, regardless of the nationality or residence of the applicant. (Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18, 1959, as amended by Dept. Reg. 108.422, 24 F.R. 11082, Dec. 31, 1959)

CROSS REFERENCE: For applications for crew-list visas see $ 41.127(b).

8 41.111 Supporting documents.

(a) Authority to require documents and consideration accorded. The consular officer shall have authority to require such documents as he may consider necessary to establish the alien's eligibility to receive a nonimmigrant visa. All such documents submitted and any other evidence adduced by the alien shall be given consideration by the consular officer, including briefs submitted by attorneys or other representatives.

(b) Unobtainable documents. In the event an alien establishes to the satisfaction of the consular officer that any document or record required under the authority of this section is unobtainable, the consular officer may accept in lieu of such document or record, other satisfactory evidence of the fact to which the document or record would, if obtainable, pertain. A document or other record shall be considered “unobtainable" if it cannot be procured without causing the applicant 'or a member of his family actual hardship other than normal delay and inconvenience.

(c) Photographs. Except as otherwise provided in this paragraph, every alien shall furnish with his application identical photographs of himself in such number as may be required in the discretion of the consular officer. The photographs shall reflect a reasonable likeness of the alien as of the time they are furnished, and shall be 1/2 by 142 inches in size, unmounted, without head covering, have a light background, and clearly show a full front view of the facial features of the alien. The reverse of each copy of the photograph shall be signed by the person executing the application (see § 41.115(a)) with the full name of the applicant. The photograph requirement may be waived, in the discretion of the consular officer, in the

case of any alien who is (1) within a class of nonimmigrants described in sections 101 (a) (15) (A), 101(a) (15) (G) or 212(d) (8) of the Act, (2) within a class of nonimmigrants classifiable under the visa symbol NATO-1 through NATO7, (3) an applicant for a diplomatic visa, (4) an applicant for an official visa, or (5) under sixteen years of age. A notation of any such waiver shall be made in the space provided in the application form for the alien's photograph. A new photograph need not be required, in the discretion of the consular officer, if there is on file at the consular office a photograph which was submitted in connection with a prior nonimmigrant visa application and which still reflects a reasonable likeness of the applicant.

(d) Police certificates. (1) An alien shall be required to present a police certificate if the consular officer has reason to believe that he may have a police or criminal record, except that no police certificate shall be required in the case of an alien who is (i) within a class of nonimmigrants described in section 101 (a) (15) (A) (i) or (ii), or section 101(a) (15) (G) (i), (ii), (iii), or (iv), or section 212(d) (8), of the Act, or (ii) within a class of nonimmigrants classifiable under the visa symbol NATO-1, NATO-2, NATO_3, NATO-4, or NATO-6.

(2) A police certificate is a certification by the police or other appropriate authorities stating what, if anything, their records show concerning the alien. (Sec. 222, 66 Stat. 193; 8 U.S.C. 1202) (Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18, 1959; 24 F.R. 6943, Aug. 27, 1959, as amended by Dept. Reg. 108.433, 25 F.R. 4579, May 25, 1960; Dept. Reg. 108.495, 28 F.R. 5375, May 30, 1963) & 41.112 Passports.

(a) Passport requirement. Except for certain persons in the A, C-3, G and NATO categories and persons for whom the passport requirement has been waived pursuant to the provisions of section 212(d) (4) of the Act, every applicant for a nonimmigrant visa shall present a passport as defined in section 101 (a) (30) of the Act and $ 41.1 which is valid for the period required by section 212(a) (26) of the Act.

(b) Aliens included in a single passport. The passport requirement referred to under paragraph (a) of this section may be met by the presentation of a passport including more than one person if such inclusion is authorized

under the laws or regulations of the is- & 41.114 Personal appearance.
suing authority and if a photograph of
each person sixteen years of age or over

(a) Except as otherwise provided in

this section, every alien who makes apto whom a visa is to be issued shall have been attached to the passport by the

plication for a nonimmigrant visa shall issuing authority.

be required to apear in person before (c) Applicants for diplomatic visas.

a consular officer. The requirement of Every applicant for a diplomatic visa

pers al appearance may be waived in

the discretion of the consular officer in shall be required to present a diplomatic

the case of any alien who is: passport, or the equivalent thereof,

(1) A child under ten years of age, having the period of validity indicated in paragraph (a) of this section, unless (2) Within a class of nonimmigrants

classifiable under the visa symbols A-1, such requirement has been waived pursuant to the authority contained in sec

A-2, A-3, C-2, C-3, G-1, G-2, G-3, G-4, tion 212(d) (4) of the Act or unless the

G-5, NATO-1, NATO-2, NATO-3, NATOcase falls within the provisions of

4, NATO-5, NATO-6, or NATO-7, § 41.91(f).

(3) An applicant for a diplomatic or

official visa, (Dept. Reg. 108.422, 24 F.R. 11082, Dec. 31, 1959; Dept. Reg. 108.433, 25 F.R. 4579, May

(4) An applicant for a nonimmigrant 25, 1960; Dept. Reg. 108.441, 25 F.R. 7019, visa under the provisions of section 101 July 23, 1960]

(a) (15) (B) of the Act if (i) within the

preceding 24 months he was issued a § 41.113 Medical examination.

nonimmigrant visa of a classification re(a) An alien shall be required to be

quiring the alien's personal appearance, medically examined if (1) he is an appli

or (ii) he is well and favorably known at cant for an exchange-visitor visa who

the foreign service establishment at does not qualify as a leader in a field of

which he is applying, and is a resident specialized knowledge or skill and who

of the consular district in which the forintends to remain in the United States

eign service establishment is located, for more than a brief period of time, (2)

(5) Within a class of nonimmigrants he is an applicant for a student visa

classifiable under the visa symbols C-1, who intends to remain in the United

H-1, or I, States for more than a brief period of (6) Within a class of nonimmigrants time, (3) he is coming from an area

classifiable under the visa symbol J-1, which indicates that a medical exami

who qualifies as a leader in a field of nation is advisable, or (4) the consular

specialized knowledge or skill and who is officer has reason to believe that a medi

the recipient of a United States Governcal examination would disclose that the

ment grant, and the spouse and children alien is ineligible to receive a visa.

of such an alien who qualify for J-2 (b) At consular offices where medical

classification. officers of the United States Public (7) Within any other nonimmigrant Health Service are on du the alien's class not included in subparagraphs (1) examination shall be conducted by such through (6) of this paragraph in whose officers. If a medical officer of the case the principal officer or, at a diploUnited States Public Health Service is matic mission, the Deputy Chief of Misnot available, the required examination sion, the Counselor for Consular Affairs, shall be conducted by a contract location or the Supervising Consul General deterphysician or by a physician selected by mines that a waiver of personal appearthe alien from a panel of physicians ap- ance in the individual case is warranted proved by the consular officer.

in the national interest or because of un(c) The consular officer shall bring usual circumstances, including hardship to the attention of the panel of physi- to the visa applicant, or cians the regulations of the United States (8) Within a class of nonimmigrants Public Health Service governing the classifiable under the visa symbols B-1 medical examination of aliens, and shall or B-2, if he is applying at a post which advise visa applicants, when laboratory has been authorized by the Department facilities for the required tests are not to accept temporary visitor visa applicaavailable, that such tests must be made tions by mail. at the United States port of entry and (b) In the categories described in may be a basis for the alien's exclusion. paragraph (a) (1) through (3) of this (Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) [Dept.

section, the visa application shall be Reg. 108.504, 29 F.R. 2783, Feb. 28, 1964)

made on Form FS-257. In any case in

which personal appearance is waived, pursuant to paragraph (a) (8) of this section, application for a visa shall be made on Form FS-257a. In all other cases in which personal appearance is waived the consular officer may, in his discretion, require that the application be submitted on Form FS-257a. (Sec. 222, 66 Stat. 193; 8 U.S.C. 1202) (27 F.R. 9723, Oct. 2, 1962] § 41.115 Application forms.

(a) Aliens required to execute applications. Every alien applying for a nonimmigrant visa shall make application therefor on Form FS-257 (Application for Nonimmigrant Visa and Alien Registration) or Form FS-257a (see definition of Form FS-257 contained in § 41.1) unless personal appearance is waived and submission of the application form by the applicant is not required or unless there is a Form FS-257 on file at the consular office which can be appropriately amended to bring the application up to date. In such cases the application form shall be completed by the consular officer from available information. In the case of an alien under 16 years of age, or one physically incapable of making an application, the application may be made by the alien's parent or guardian, or if the alien has no parent or guardian, by any person having legal custody of, or a legitimate interest in, the alien.

(b) Additional information as part of application. In any case in which the consular officer believes that the information provided in Form FS-257 is inadequate to determine the alien's eligibility to receive a nonimmigrant visa he may require the submission of such additional information as may be necessary or interrogate the alien on any matter which is deemed material. Any additional statements made by the alien shall become a part of the visa application. All documents required under the authority of § 41.111(a) shall be considered papers submitted with the alien's application within the meaning of section 221(g) (1) of the Act. (Dept. Reg. 108.472, 26 F.R. 10051, Oct. 26, 1961, as amended by Dept. Reg. 108.495, 28 F.R. 5376, May 30, 1963]

8 41.116 Registration and fingerprint

ing. (a) Registration. Form FS-257, when property completed, shall constitute the alien's registration record for the purposes of section 221(b) of the Act.

(b) Fingerprinting. (1) The provisions of section 221 (b) of the Act which require the fingerprinting of aliens in connection with their applications for visas are waived in pursuance of the authority contained therein for the nonimmigrant classes specified in subdivision (i) of this subparagraph, and in pursuance of the authority contained in section 8 of the Act of September 11, 1957 (71 Stat. 641; 8 U.S.C. 1201(a)) for the nonimmigrant classes specified in subdivision (ii) of this subparagraph: (i) An alien who is within a class of nonimmigrants enumerated in section 101 (a) (15) (A) and section 101(a) (15) (G) of the Act, or an alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof (see § 41.1); (it) An alien who is a national of a country whose government does not require fingerprinting in connection with an application for, or the issuance of, a visa to a national of the United States who intends to proceed to such country for a similar purpose, and who is classifiable as a nonimmigrant under the provisions of section 101(a) (15) (B), (C), (D), (E), (F), (H) or (I) of the Act, including a nonimmigrant alien who is classifiable under the visa symbol J, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6 or NATO-7.

(2) In the case of any nonimmigrant alien who is not exempted from the fingerprinting requirement under the provisions of this section, the fingerprints of such alien shall be taken in connection with his application for a nonimmigrant visa on Form AR-4 (Alien Registration Fingerprint Card) or in such other manner as may be authorized by the Department.

(3) An alien may be required by the consular officer, when he makes preliminary or informal application for a visa, to have a set of his fingerprints taken on Form AR-4 in the event such procedure is considered necessary for the

purpose of identification, or investiga- visas: (i) Nonimmigrants classifiable tion. Consular officers may, where nec- under the visa symbol I who are bearers essary, use the fingerprint card in order of passports containing an I, A, or G to ascertain from the appropriate local visa, and who have been duly accredited or any other authorities whether they by a foreign information medium; or (ii) have any pertinent information concern- Nonimmigrants classifiable under the ing the applicant's eligibility to receive a visa symbol E. visa.

(2) The Director of the Visa Office of [Dept. Reg. 108.411, 24 F.R. 6688, Aug. 18,

the Department and such other officers 1959; 24 F.R. 6943, Aug. 27, 1959, as amended

of the Department as he may designate by Dept. Reg. 108.488, 28 F.R. 275, Jan. 10, 1963)

are authorized, in their discretion, to

revalidate F, H and J visas, including § 41.117 Signature.

diplomatic visas, for qualified aliens in

the United States who intend, after a When personal appearance is required, Form FS-257 shall be signed by or on

temporary absence, to reenter the United

States in the nonimmigrant status specbehalf of the applicant in the presence

ified in their visas. of the consular officer. The application

(c) Issuance outside the United shall be verified by the applicant before the consular officer who shall then sign

States. Any consular officer is authorthe Form FS-257. If personal appear

ized to issue regular and official visas. ance is waived, and the submission of

Diplomatic visas may be issued only by

(1) A consular officer attached to a an application form by the alien is required, the form shall be signed by the

United States Diplomatic Mission if he

authorized to do so by the Chief of the applicant.

Mission, or (2) A consular officer as(Sec. 222, 66 Stat. 193; 8 U.S.C. 1202) (Dept.

signed to a consular office, if so authorReg. 108.495, 28 F.R. 5376, May 30, 1963]

ized by the Department or by the Chief ISSUANCE OF NONIMMIGRANT VISAS of a United States Diplomatic Mission, § 41.120 Authority to issue visas.

the Deputy Chief of Mission, the Coun

selor for Consular Affairs in the country (a) Issuance in the United States to in which such consular office is located, nonimmigrants in official or quasi-official or, at a consular post not under the status. The Director of the Visa Office jurisdiction of a diplomatic mission, by of the Department and such other offi- the principal officer. cers of the Department as he may des

[Dept. Reg. 108.459, 26 F.R. 1111, Feb. 7, 1961, ignate are authorized, in their discretion,

as amended by Dept. Reg. 108.494, 28 F.R. to issue nonimmigrant visas, including 5258, May 28, 1963; Dept. Reg. 108.515, 29 diplomatic visas, or to revalidate non- F.R. 19089, Dec. 30, 1964) immigrant visas previously issued, to qualified nonimmigrants classifiable un

§ 41.121 Visa fees. der the visa symbols A-1, A-2, A-3, C-2, (a) Fees based on reciprocity. Unless C-3, G-1, G-2, G-3, G-4, G-5, NATO-1, on a basis of reciprocity no fee is chargNATO-2, NATO-3, NATO-4, NATO-5, able, the fees for the issuance of visas, NATO-6, or NATO-7.

including official visas, to nonimmigrant (b) Issuance or revalidation in the nationals or stateless residents of each United States for certain other nonimmi- foreign country shall be collected in the grants. (1) The Director of the Visa amounts prescribed by the Secretary of Office of the Department and such other State and shall correspond, as nearly as officers of the Department as he may practicable, to the total of all similar designate are authorized, in their dis- visa, entry, residence, or other fees, taxes cretion, to issue nonimmigrant visas, in- or charges assessed or levied against nacluding diplomatic visas, or to revalidate tionals of the United States by the fornonimmigrant visas previously issued, to eign countries of which such nonimmiqualified aliens in the United States who grants

are nationals or stateless are within one of the following classes residents. and who intend, after a temporary ab- (b) Aliens exempted from fees. Upon sence, to reenter the United States in the a basis of reciprocity, or as provided in nonimmigrant status specified in their section 13(a) of the Headquarters Agreement with the United Nations (61 Stat. the visa was issued may use it in making 716; 22 U.S.C. 287, Note), no fee shall application for admission into the be collected for the issuance of a nonim- United States. migrant visa to an alien of any of the (c) Period of validity of visa and numfollowing classes: (1) Nonimmigrants ber of applications. Except as provided described in section 101(a) (15) (A) of in paragraph (d) of this section a nonthe Act; (2) nonimmigrants described immigrant visa shall be valid for a pein section 101 (a) (15) (G) of the Act; (3) riod prescribed by the Secretary of State, nonimmigrants described in section 212 not exceeding forty-eight months, which (d) (8) of the Act; (4) persons entitled shall correspond, as nearly as practito pass in transit to the United Nations cable, to the period of validity of visas Headquarters District under the provi- issued by the government of the country sions of paragraph (3), (4) or (5) of of which the alien is a national or statesection 11 of the Headquarters Agree- less resident to United States nationals ment and who are issued C-2 visas as of a similar class entering that country. nonimmigrants under the provisions of The number of applications for admissection 101(a) (15) (C) of the Act; (5) sion for which the visa shall be valid nonimmigrants who are classifiable shall also be governed by the reciprocal under the visa symbol NATO_1, NATO-2, treatment accorded United States naNATO-3, NATO-4, NATO-5, NATO-6, tionals by that government. If the govand NATO–7; and (6) nonimmigrants ernment of the country of which the who are issued diplomatic visas.

alien is a national or a stateless resident (c) Refund of fees. A fee collected does not require visas of United States for the issuance or revalidation of a non- nationals of a similar class proceeding immigrant visa is refundable only when to that country the visa shall be valid the principal officer at a post or the officer for the entire forty-eight month period in charge of a consular section deter- and for an unlimited number of applimines that the visa was issued in error

cations for admission. or could not be used as a result of action (d) Limitations on validity. If warby the United States Government over ranted in an individual case, a consular which the alien had no control and for

officer may issue a nonimmigrant visa which he was not responsible.

for (1) a period of validity which is less

than that prescribed on a basis of reciCROSS REFERENCE: For fee to be collected

procity, (2) a number of applications for when more than one alien included in single

admission within the period of the vavisa see $ 41.123. CROSS REFERENCE: For fee for revalidated

lidity of the visa which is less than that or transferred visa see $ $ 41.125(f) and 41.126 prescribed on a basis of reciprocity, (3) (d).

application for admission at a specified CROSS REFERENCE: For fee for crew-list visa port or specified ports of entry in the see § 41.127(c).

United States, or (4) for use on and after (Sec. 281, 66 Stat. 230; 8 U.S.C. 1351) (Dept. a given date subsequent to the date of Reg. 108.411, 24 F.R. 6689, Aug. 18, 1959; 24 issuance. F.R. 6943, Aug. 27, 1959, as amended by Dept. Reg. 108.492, 28 F.R. 3261, Apr. 4, 1963)

(Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) (Dept.

Reg. 108.411, 24 F.R. 6689, Aug. 18, 1959, as § 41.122 Validity of visas.

amended by Dept. Reg. 108.422, 24 F.R. 11083,

Dec. 31, 1959) (a) Validity of visa not related to period of stay in the United States. The period of validity of a nonimmigrant

§ 41.123 More than one alien included visa shall have no relation to the period

in visa. of time the alien may be authorized by If the spouse and unmarried minor the immigration authorities to stay in children of a principal alien are included the United States if, upon his arrival at in one passport (see § 41.112(b)) a sina port of entry, he is admitted by those gle nonimmigrant visa may be issued to authorities.

include all eligible family members. (b) Validity of visa pertains to period Each alien must execute a separate apwithin which alien may apply for ad- plication. The name of each family mission. The period of validity of a non- member shall be written in the space immigrant visa shall relate only to the provided in the visa stamp. The visa period during which the alien to whom fee to be collected shall be equal to the

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