(2) This subsection does not limit a restriction on travel within the Unit-
ed States that the United States Government, on a reciprocal basis, imposes
on an official of a government of a foreign country.
(b) CONVEYANCE OF POLICY AND ELIMINATION OF RESTRICTIONS.—The
Secretary of State shall—
(1) ensure that the policy of subsection (a) of this section is conveyed
clearly to the government of a foreign country imposing travel restric-
tions on citizens of the United States; and
(2) seek the elimination, on a mutual and reciprocal basis, of travel
restrictions imposed by that government and by the United States Gov-
ernment on each other’s citizens.
CHAPTER 7—GENERAL MISCELLANEOUS
Sec.
701.
Certain treaties unaffected.
702.
Rules of construction related to organizations.
703.
Construction of expedited deportation requirements.
§ 701. Certain treaties unaffected
Except as provided in section 20702(c) of this title, this title does not
affect a treaty ratified by the Senate before December 25, 1952.
§ 702. Rules of construction related to organizations
(a) ACTS CONSTITUTING AFFILIATION.—In this title, the giving, lending,
or promising of support, money, or any other thing of value for any purpose
to an organization is presumed to constitute affiliation with the organiza-
tion.
(b) ORGANIZATIONS ADVOCATING OVERTHROW OF UNITED STATES GOV-
ERNMENT.—This title may not be construed as declaring that any organiza-
tion referred to in this title does not advocate the overthrow of the United
States Government by unconstitutional means.
§ 703. Construction of expedited deportation requirements
Section 6533(a) of this title and the amendments made by the Immigra-
tion and Nationality Technical Corrections Act of 1994 (Public Law 103–
416, 108 Stat. 4305) do not create any substantive or procedural right or
benefit that is legally enforceable by any party against the United States
Government or an agency or officer of the Government or any other person.
SUBTITLE II—ALIENS
PART A—NONIMMIGRANTS
CHAPTER
Sec.
21.
ADMISSION AND DOCUMENTATION .......................................................
2101
23.
CLASSIFICATIONS .......................................................................................
2301
25.
TEMPORARY AGRICULTURAL WORKERS ..............................................
2501
27.
ALIEN CREWMEMBERS ..............................................................................
2701
29.
FACILITIES EMPLOYING REGISTERED NURSES ................................
2901
PART B—IMMIGRANTS
41.
NUMERICAL LIMITATIONS .......................................................................
4101
43.
PETITIONS AND DOCUMENTATION .......................................................
4301
45.
CONDITIONAL PERMANENT RESIDENT STATUS ...............................
4501
47.
ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF
THE UNITED STATES.
4701
49.
MISCELLANEOUS .........................................................................................
4901
PART C—REFUGEES
51.
ADMISSIONS ..................................................................................................
5101
PART D—ENTRY, EXCLUSION, AND DEPORTATION
61.
ARRIVAL, INSPECTION, AND ADMISSION .............................................
6101
63.
VISA INELIGIBILITY AND EXCLUSION ..................................................
6301
65.
DEPORTATION OF ALIENS IN THE UNITED STATES .......................
6501
67.
TEMPORARY PROTECTED STATUS .........................................................
6701
69.
REGULATION OF PERSONS PROVIDING TRANSPORTATION ...........
6901
PART E—ADDITIONAL REQUIREMENTS AND LIMITATIONS
81.
REGISTRATION AND FINGERPRINTING ................................................
8101
83.
MISCELLANEOUS .........................................................................................
8301
PART F—ADJUSTMENT AND CHANGE OF STATUS
91.
ADJUSTMENT AND CHANGE OF STATUS .............................................
9101
93.
ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO EN-
TERED THE UNITED STATES BEFORE 1982.
9301
PART G—PENALTIES
101.
PENALTIES ....................................................................................................
10101
PART A—NONIMMIGRANTS
CHAPTER 21—ADMISSION AND DOCUMENTATION
SUBCHAPTER I—ADMISSION
Sec.
2101.
Admission.
2102.
Presumption.
2103.
Application of certain provisions to diplomats.
SUBCHAPTER II—DOCUMENTATION
2121.
Documentation requirements.
2122.
Applications for nonimmigrant visas and registration.
2123.
Issuing nonimmigrant visas and other documentation.
2124.
Period of validity and revocation.
2125.
Fees.
2126.
Burden of proof.
2127.
Visa waiver pilot program.
SUBCHAPTER I—ADMISSION
§ 2101. Admission
Except as otherwise provided, an alien may be admitted to the United
States as a nonimmigrant for the time and under conditions the Attorney
General prescribes by regulation. The Attorney General may require the
alien to file a bond, in the amount and containing conditions the Attorney
General prescribes, to ensure that the alien will leave the United States
when—
(1) the time for which the alien is admitted expires; or
(2) the alien does not maintain the nonimmigrant status under which
the alien was admitted or which the alien acquired under section 9109
of this title.
§ 2102. Presumption
An alien (except an alien described in section 2313, 2317, or 2325 of this
title) is presumed to be an immigrant until the alien satisfies the consular
officer, at the time of application for a visa, and the immigration officer,
at the time of application for admission, that the alien is entitled to non-
immigrant status.
§ 2103. Application of certain provisions to diplomats
Except as otherwise provided in this title, the provisions of this title relat-
ed to ineligibility for a visa and exclusion or deportation of an alien do not
apply to a nonimmigrant described in—
(1) section 2301(1) of this title, except that the nonimmigrant is
subject—
(A) to the provisions requiring a passport and visa for identi-
fication and proof of qualification for the nonimmigrant classifica-
tion under that section; and
(B) under regulations prescribed by the President, to section
6308(a)–(c) of this title; or
(2) section 2301(2) or 2302(1)–(5) of this title, except that the non-
immigrant is subject to—
(A) the provisions requiring a passport and visa for identifica-
tion and proof of qualification for the nonimmigrant classification
under one of those sections; and
(B) section 6308(a)–(c) of this title.
SUBCHAPTER II—DOCUMENTATION
§ 2121. Documentation requirements
(a) GENERAL.—Except as provided in this section and section 2127 of
this title, an alien classified as a nonimmigrant under subchapter I of chap-
ter 23 of this title may be admitted to the United States only if, when ap-
plying for admission, the nonimmigrant has—
(1) a passport that—
(A) is valid for at least 6 months after the last day of the
alien’s initial period of admission or contemplated initial period of
admission; and
(B) authorizes the alien during those 6 months to return to the
foreign country from which the alien came or to enter another for-
eign country; and
(2) a nonimmigrant visa or border crossing identification card at the
time of applying for admission.
(b) GENERAL WAIVERS.—The Attorney General and the Secretary of
State jointly may waive a requirement of subsection (a) of this section—
(1) in an individual case because of an unforeseen emergency;
(2) on a reciprocal basis, for nationals of foreign contiguous territory
or of adjacent islands and for residents of that territory or islands who
have a common nationality with those nationals; or
(3) for an alien proceeding in immediate and continuous transit
through the United States on a carrier operating under a contract au-
thorized by section 6905(b)(1)(B) of this title.
(c) WAIVERS FOR VISITORS TO GUAM.—(1) The Attorney General, the
Secretary of State, and the Secretary of the Interior jointly may waive sub-
section (a) of this section for an alien applying for admission as a non-
immigrant visitor classified under section 2303 of this title, but only for
entry into and stay on Guam for not more than 15 days, if they jointly de-
cide, after consulting with the Governor of Guam, that—
(A) an adequate arrival and departure control system has been devel-
oped on Guam; and
(B) the waiver does not represent a threat to the welfare, safety, or
security of the United States or its territories or possessions.
(2) An alien may be granted a waiver under this subsection only if the
alien waives any right—
(A) to a review or appeal under this title of an immigration officer’s
decision on the admissibility of the alien at the port of entry into
Guam; or
(B) to contest (except on the basis of an application for asylum) an
action for deportation against the alien.
(3) An alien admitted to Guam without a visa under this subsection may
not—
(A) stay in Guam for more than 15 days after the date of admission
to Guam; or
(B) enter or stay in the United States under that admission, except
in Guam.
(4) If adequate appropriated amounts to carry out this subsection are not
available, the Attorney General may accept amounts tendered by the govern-
ment of Guam to cover any part of the cost of carrying out this subsection.
§ 2122. Applications for nonimmigrant visas and registra-
tion
(a) APPLICATION
REQUIREMENTS.—An alien applying for a non-
immigrant visa must apply in the way prescribed by regulation. The applica-
tion must contain the following information about the alien:
(1) the complete true name of the alien.
(2) a personal description, including height, complexion, color of hair
and eyes, and marks of identification.
(3) the date and place of birth.