8 USC 1202(f)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 8 USC 1202(f) | status: Basic | banner: CUI.
- DoD authority row: 8 USC 1202(f). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 8 USC 1202(f) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 261 TITLE 8—ALIENS AND NATIONALITY § 1202
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to applications or permits to enter the United States.
- DoD category scope used with this authority: Related to applications or permits to enter the United States.
- 8 USC 1202(f) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to applications or permits to enter the United States.
- Extracted authority condition: (2) the Secretary of State, in the Secretary’s discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State’s computerized visa lookout database and, when necessary and appropriate, other records covered by this sec- tion related to information in the database— (A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled sub- stances, persons, or illicit weapons; or (B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes de- scribed in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.
- Extracted authority condition: (f) Confidential nature of records The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administra- tion, or enforcement of the immigration, nation- ality, and other laws of the United States, ex- cept that— (1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court. 2
- Extracted authority condition: L. 109–162, title VIII, § 834, Jan. 5, 2006, 119 Stat. 3077, provided that: ‘‘Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be con- strued to prevent the sharing of information regarding a United States petitioner for a visa under clause (i) or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited purposes of fulfilling dis- closure obligations imposed by the amendments made by section 832(a) [amending section 1184 of this title] or by section 833 [enacting section 1375a of this title], in- cluding reporting obligations of the Comptroller Gen- eral of the United States under section 833(f).’’ § 1203.
- Extracted authority condition: Application for visas (a) Immigrant visas Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 8 USC 1202(f) | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (f) Confidential nature of records The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administra- tion, or enforcement of the immigration, nation- ality, and other laws of the United States, ex- cept that— (1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court. 2
- Extracted authority control: (2) the Secretary of State, in the Secretary’s discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State’s computerized visa lookout database and, when necessary and appropriate, other records covered by this sec- tion related to information in the database— (A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled sub- stances, persons, or illicit weapons; or (B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes de- scribed in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.
- Extracted authority control: L. 109–162, title VIII, § 834, Jan. 5, 2006, 119 Stat. 3077, provided that: ‘‘Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be con- strued to prevent the sharing of information regarding a United States petitioner for a visa under clause (i) or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited purposes of fulfilling dis- closure obligations imposed by the amendments made by section 832(a) [amending section 1184 of this title] or by section 833 [enacting section 1375a of this title], in- cluding reporting obligations of the Comptroller Gen- eral of the United States under section 833(f).’’ § 1203.
- Extracted authority control: (a) PROCESSING OFCERTAINCUBANPOLITI- CALPRISONERS ASREFUGEES.—In light of the announce- ment of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of enactment of this Act [Dec. 22, 1987], consular officer[s] of the Department of State and ap- propriate officers of the Immigration and Naturaliza- tion Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a ref- ugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. ‘‘(b) P ROCESSING OFIMMIGRANTVISAAPPLICATIONS OF CUBANNATIONALS INTHIRDCOUNTRIES.—Notwithstand- ing section 212(f) and section 243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers o
- Extracted authority control: (e) Signing and verification of application Except as may be otherwise prescribed by reg- ulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer.
Authority excerpts
Most relevant extracted authority passage(f) Confidential nature of records The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administra- tion, or enforcement of the immigration, nation- ality, and other laws of the United States, ex- cept that— (1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court. 2
Extracted authority passage 2(2) the Secretary of State, in the Secretary’s discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State’s computerized visa lookout database and, when necessary and appropriate, other records covered by this sec- tion related to information in the database— (A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled sub- stances, persons, or illicit weapons; or (B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes de- scribed in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.
Extracted authority passage 3L. 109–162, title VIII, § 834, Jan. 5, 2006, 119 Stat. 3077, provided that: ‘‘Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be con- strued to prevent the sharing of information regarding a United States petitioner for a visa under clause (i) or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited purposes of fulfilling dis- closure obligations imposed by the amendments made by section 832(a) [amending section 1184 of this title] or by section 833 [enacting section 1375a of this title], in- cluding reporting obligations of the Comptroller Gen- eral of the United States under section 833(f).’’ § 1203.
Extracted authority passage 4(a) PROCESSING OFCERTAINCUBANPOLITI- CALPRISONERS ASREFUGEES.—In light of the announce- ment of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of enactment of this Act [Dec. 22, 1987], consular officer[s] of the Department of State and ap- propriate officers of the Immigration and Naturaliza- tion Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a ref- ugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. ‘‘(b) P ROCESSING OFIMMIGRANTVISAAPPLICATIONS OF CUBANNATIONALS INTHIRDCOUNTRIES.—Notwithstand- ing section 212(f) and section 243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers o
Extracted authority passage 5(e) Signing and verification of application Except as may be otherwise prescribed by reg- ulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer.
Extracted authority passage 6Application for visas (a) Immigrant visas Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed.