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scribed in section 9101(g)(1)(C) of this title, may not be approved until the
alien resides outside the United States for 2 years after the marriage.
(2) Paragraph (1) of this subsection does not apply to a marriage if the
alien establishes by clear and convincing evidence satisfactory to the Attor-
ney General that—
(A) the marriage was entered into in good faith and under the laws
of the place where the marriage took place;
(B) the marriage was not entered into to procure the alien’s entry
as an immigrant; and
(C) no consideration was given, except to an attorney for assistance
in preparing a petition, for filing a petition under section 2309(b) or
4301(a) or (b) of this title for an alien spouse or alien son or daughter.
(3) Under regulations of the Attorney General, the Attorney General shall
allow only one level of administrative appellate review for each alien under
paragraph (2) of this subsection.
§ 4304. Revoking approved petitions
(a) GENERAL.—The Attorney General may revoke at any time a petition
approved by the Attorney General under section 4301(c) of this title if the
Attorney General considers that there is good cause to revoke. Revocation
is effective as of the date of approval of the petition if notice of the revoca-
tion is mailed to the last known address of the petitioner and the Secretary
of State notifies the alien for whom the petition was filed of the revocation
before the alien begins traveling to the United States. If notice is not given
as required by this section and the alien applies for admission to the United
States, the admissibility of the alien shall be decided as provided in sections
6103, 6331, and 6332 of this title.
(b) EXCEPTION.—Legal termination of a marriage may not be the only
basis for revoking a petition of an alien filed under section 4301(a)(3) or
(6) of this title because of conditions described in section 4301(a)(3)(D)(i)–
(iii) and (6)(D)(i)–(iii).
SUBCHAPTER II—DOCUMENTATION
§ 4311. Documentation requirements
(a) DOCUMENTS REQUIRED.—(1) An immigrant may be admitted to the
United States only if, when applying for admission, the immigrant—
(A)(i) has an unexpired entry document required by this title; or
(ii) was born after an entry document was issued to the accompany-
ing parent;
(B) has an unexpired travel document or document of identity and
nationality when required by regulations the Attorney General pre-
scribes; and
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(C) except as otherwise provided in this title, has a visa issued as
provided under sections 4103–4105, 4107, and 4313(b) of this title.
(2) This section does not apply to an alien admitted under section 5105
of this title.
(b) WAIVER FOR CERTAIN SPECIAL IMMIGRANTS.—Under conditions that
may be prescribed by the Attorney General, the Attorney General may read-
mit a special immigrant as defined in section 134(a)(1) of this title who is
returning to the United States, without the alien’s having to obtain a pass-
port, immigrant visa, reentry permit, or other documentation, if the alien
otherwise is admissible.
§ 4312. Applications for immigrant visas and registration
(a) APPLICATION REQUIREMENTS.—An alien applying for an immigrant
visa must apply in the way and at the place prescribed by regulation. The
application must contain—
(1) the complete true name of the alien and each alias ever used;
(2) the age and sex of the alien;
(3) the date and place of birth of the alien; and
(4) additional information prescribed by regulation that is necessary
to identify the alien and enforce the immigration and nationality laws.
(b) ADDITIONAL REQUIREMENTS.—(1) An alien applying for an immi-
grant visa must—
(A) register if required by chapter 81 of this title when applying for
the visa;
(B) take a physical and mental examination prescribed by regulation;
(C) if required under regulations the Secretary of State prescribes,
present a passport or other suitable travel document or a document of
identity and nationality; and
(D) provide the consular officer, with the application, with—
(i) a copy of a certification by the appropriate police authorities
stating what their records show about the alien;
(ii) a certified copy of any existing prison record, military
record, and record of birth of the alien; and
(iii) a certified copy of any other record or documentation about
the alien that the consular officer may require.
(2) Each copy provided under paragraph (1)(D) of this subsection shall
be attached to the application and become a part of the application. If the
alien satisfies the consular officer that it is not possible to obtain the copy,
the consular officer may allow the alien to submit other satisfactory evidence
of the fact to which the copy relates.
(c) SIGNATURE AND OATH.—Except as otherwise prescribed by regula-
tion, an alien must—
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(1) sign an application for an immigrant visa in the presence of a
consular officer; and
(2) take an oath administered by the consular officer verifying the
application.
(d) PROCESSING IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS
IN 3D COUNTRIES.—(1) In this subsection, ‘‘process’’ means accepting and
reviewing an application and preparing necessary documents and making
appropriate decisions related to the application.
(2) Notwithstanding sections 4313(f) and 6106(a) of this title, a consular
officer shall process an application for an immigrant visa by a Cuban na-
tional located in a 3d country on the same basis as an application for an
immigrant visa by a national of another country.
(e) STATEMENT ABOUT NO ENTITLEMENT TO ENTER
THE UNITED
STATES.—An application for an immigrant visa shall inform the applicant
that a visa or other documentation issued to an alien does not entitle the
alien to enter the United States if, on arrival at a port of entry, the alien
is found to be inadmissible.
(f) CANCELLATION OF REGISTRATION.—The Secretary shall cancel the
registration of an alien who does not apply for an immigrant visa within
one year after being notified that a visa is available. However, the Secretary
shall reinstate the registration if the alien establishes within 2 years after
notification that the failure to apply was due to circumstances beyond the
control of the alien.
§ 4313. Issuing immigrant visas and other documentation
(a) REGISTRATION ON WAITING LISTS.—Waiting lists of aliens entitled
to an immigrant classification that is subject to the numerical limitations
specified in chapter 41 of this title shall be maintained under regulations
the Secretary of State prescribes.
(b) ORDER
OF ISSUING VISAS.—(1) Immigrant visas made available
under section 4103 or 4104 of this title shall be issued to qualified immi-
grants in the order in which a petition for each immigrant is filed with the
Attorney General (or with the Secretary of State for special immigrants as
defined in section 134(a)(4) of this title) under section 4301(a) or (b) of
this title.
(2) Immigrant visas made available under section 4105 of this title shall
be issued to qualified immigrants as the Secretary prescribes for the fiscal
year involved.
(c) ISSUING VISAS.—(1) A consular officer issues an immigrant visa at
the office of the consular officer outside the United States. A consular offi-
cer may issue an immigrant visa to an eligible immigrant who has made
a proper application for the visa.