118 STAT. 3735 PUBLIC LAW 108–458—DEC. 17, 2004 Nationality Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section 212(a)(3) of that Act (8 U.S.C. 1182(a)(3)). Subtitle C—Visa Requirements SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS. (a) REQUIREMENT FOR INTERVIEWS.—Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following new subsection: ‘‘(h) Notwithstanding any other provision of this Act, the Sec- retary of State shall require every alien applying for a non- immigrant visa— ‘‘(1) who is at least 14 years of age and not more than 79 years of age to submit to an in person interview with a consular officer unless the requirement for such interview is waived— ‘‘(A) by a consular official and such alien is— ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15); ‘‘(ii) within the NATO visa category; ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the ‘C–3 visa’ category); or ‘‘(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent thereof; ‘‘(B) by a consular official and such alien is applying for a visa— ‘‘(i) not more than 12 months after the date on which such alien’s prior visa expired; ‘‘(ii) for the visa classification for which such prior visa was issued; ‘‘(iii) from the consular post located in the country of such alien’s usual residence, unless otherwise pre- scribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national; and ‘‘(iv) the consular officer has no indication that such alien has not complied with the immigration laws and regulations of the United States; or ‘‘(C) by the Secretary of State if the Secretary deter- mines that such waiver is— ‘‘(i) in the national interest of the United States; or ‘‘(ii) necessary as a result of unusual or emergent circumstances; and ‘‘(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien— ‘‘(A) is not a national or resident of the country in which such alien is applying for a visa; ‘‘(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained; ‘‘(C) is listed in the Consular Lookout and Support System (or successor system at the Department of State); ‘‘(D) is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism, VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00269 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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