(e) A consular officer, as defined in § 42.101 (h), may revalidate a nonimmigrant visa which was issued under section 3 (2) of the act and which was issued at the same office and actually used for entry into the United States: Provided, That (1) such visa is about to expire or expired less than three months before the application for revalidation is made, (2) the consular officer is satisfied that the applicant has maintained and will continue to maintain the nonimmigrant status, and (3) there is no adverse information available indicating that the visa should be withheld. In such a case, the formal application on Forms 257a to 257d, inclusive, prescribed in paragraph (a) of this section, need not be required by the consular officer, and he may in his discretion waive the personal appearance of the applicant. Any such revalidation of the nonimmigrant visa shall be accomplished in the same manner as is prescribed in § 42.114 for the issuance of a passport visa except that, in addition, the words "Revalidated Visa" shall be stamped or written above the visa. A record should be made by stamping a copy of the revalidated visa on a blank sheet of paper. The record should contain a notation regarding the number and date of issuance of the original visa and the serial number, if any, of the set of Forms 257 used for the original application and should be filed in the current nonimmigrant visa file. A notation regarding the revalidation should also be made on the original visa application. The same fee, if any, as is prescribed for the issuance of nonimmigrant visas should be charged for a revalidation. Dept. Reg. 108.12, 11 F. R. 8904, as amended by Dept. Reg. 108.64, 13 F. R. 441]

§ 42.113 Supporting documents with passport-visa application. All important documents and letters not presented in duplicate by an applicant in support of his claim to nonimmigrant status should be listed and their contents briefly described on Form 257c, or in a memorandum to be attached thereto. After examination of an applicant's documents, the originals thereof should be returned to the applicant, who should be informed that they may be required for further examination by the immigration officials at the port of entry in the United States. § 42.114 Form of passport visa. In granting a passport visa to a nonimmigrant alien, a rubber stamp in the fol

(a)

(b) The names of all persons covered by the visa should be inserted when completing the stamp with the appropriate notations. The impression seal should be used on the visa.

(c) In granting a nonimmigrant passport visa to an alien having no official status and classifiable under section 3 (2) of the act, the figure "2" should be inserted in the parenthesis and the words "temporary visitor" should be written in the visa on the line provided for the classification of the bearer. The words "temporary visitor trainee" should be written when a nonimmigrant visa is granted to an alien proceeding to the United States in connection with a recognized training program.

(d) In granting a transit visa, the figure "3" should be written in the parenthesis, and the word "transient" should be written in the visa on the line provided for the classification of the bearer.

(e) In granting a passport visa to an alien classifiable as a nonimmigrant under section 3 (6) of the act the figure "6" should be inserted in the parenthesis and the words "treaty alien" should be written in the visa on the line provided for the classification of the bearer.

(f) The classification provided for in paragraphs (c), (d), and (e) of this section should also be shown on Forms 257b and 257c.

(g) For procedure in granting official visas, see § 42.129.

[Dept. Reg. 108.12, 11 F. R. 8904, as amended by Dept. Reg. 108.59, 12 F. R. 8327]

§ 42.115 Passport visas not to be placed on travel document issued by unrecognized government. When the travel document presented by an applicant is one issued by a government not recognized by the United States, no visa or notation should be placed on the travel document. The visa should be stamped on Form 257a, which has a space provided for that purpose.

§ 42.116 Validity of passport visa. (a) A passport visa, or a revalidated passport visa, unless otherwise specified therein, is valid for 12 months and may be used for any number of entries into the United States within the period of validity, provided the nonimmigrant status is maintained by the holder. However, in the cases of nationals of countries which do not require visas of citizens of the United States entering their territories temporarily for business or pleasure, or which grant temporary visitors visas to citizens of the United States valid for two years, the period of validity of the visa should be 24 months instead of 12 months, provided the consul has been authorized by the Secretary of State, upon the basis of a reciprocal arrangement, to issue visas valid for that period to nationals of the countries concerned. The period of validity of a passport visa relates only to the period within which it may be used for application for admission at a port of entry and not to the period of the alien's stay in the United States. The latter period will be determined by the immigration authorities, in their discretion, if the alien should be admitted into the United States.

(b) The attention of applicants whose passports will expire before the visa for which they are applying would ordinarily expire should be called to the fact that, although a passport visa is valid for either 12 or 24 months if the passport on which it is placed remains valid for such period, such visa becomes invalid if the passport expires at an earlier date. Whether an extension of the period of validity of the passport should be obtained in such cases in order to make the visa valid during the whole possible period of validity of the passport, or whether the bearer should obtain a new passport on which he will have no visa, must, of course, be decided by the applicant concerned. A visa cannot be transferred from one passport to another.

[Dept. Reg. 108.64, 13 F. R. 441]

§ 42.117 Fees for passport-visa services. (a) Except as provided in reciprocal agreements concluded under the act of February 25, 1925, or as established by regulations issued under Executive Order 5427 of August 20, 1930, or as stated in § 42.130, a fee of $1 shall be charged for executing each application of an alien for a visa and $9 for each visa of the passport of an alien in accordance with section 2 of the act of June 4, 1920. However, as stated therein, no fee shall be collected from any officer of any foreign government, or members of his immediate family, or commissioned officers of its armed forces, or from any official of a state, district, or municipality thereof, traveling to or through the United States.

(b) List of countries for whose nationals passport-visa fees have been reciprocally reduced or waived under authority of Executive order: Country

Fee Gratis.

Do.

$2.00.

$2.00.

Gratis.

$2.00.

Gratis.

Do.

$1.75.

$2.50.

Gratis.

Do.

Do.

Czechoslovakia 2.

Gratis.

Denmark__.

Do.

Dominican Republic_

Do.

Ecuador

Do.

$2.00.

Gratis.

Do.

Do.

1 Reduction applies only to citizens of Brazil domiciled in Brazil.

2 Waiver agreements temporarily in suspension.

Waiver agreements temporarily in suspension. However, benefits of the waiver agreements are applicable to possessions on basis of reciprocal reductions.

The fees fixed by the agreement with France apply also in cases where passport visas are required of citizens of the French West Indies. Visas issued to American citizens visiting France are valid for 2 years. In order to effect reciprocity of treatment a second passport visa may be issued to a French citizen if applied for prior to the expiration of the original visa or within 1 year thereafter: Provided, That the validity of such second visa shall not exceed 1 year nor extend beyond 2 years from the date on which the original visa was issued: And provided further, That the passport bearing the original visa is still valid. When a second visa is issued, the words "during 12 months from date" appearing on the passport-visa stamp should be deleted and the following substituted therefor: "before (insert date of expiration of visa)". Under the terms of the agreement, as amended, no visa fees shall be collected from French members of delegations representing war-veteran organizations temporarily visiting the United States.

'The reduction applies to all holders of British passports not otherwise exempt from the payment of passport-visa fees, including British subjects who are citizens of Ireland, Northern Ireland, India, Australia, New Zealand, the Union of South Africa, Burma, the colonies, protectorates, and mandated territories of the Governments of the British Empire.

(c) A reciprocal understanding effected with Great Britain provides for the waiving of nonimmigrant visa fees for those persons of British nationality who are traveling to the United States in their official capacities as officials or employees of the United Nations Relief and Rehabilitation Administration.

§ 42.118 Fee stamps. When a passport visa is granted, fee stamps in the amount of the fee for the application and for the visa should be placed on the visa (which usually will be in the passport) and canceled. When a passport visa is refused, following the execution

of a formal application, a fee stamp representing the fee for the application (usually $1) should be attached to and canceled on a fee receipt issued to the applicant, except in the case of an applicant who is entitled to the benefits of a visa-fee agreement providing for a waiver of the application fee. In granting a passport visa without a fee the word "gratis" should be written or stamped on the visa.

§ 42.119 Authority and procedure for refusal of passport visas, transit certificates or visas, limited-entry certificates, and nonresident aliens' bordercrossing identification cards. (a) Consular officers may refuse passport visas, transit certificates or visas, limitedentry certificates, and nonresident aliens' border-crossing identification cards in the following cases:

(1) If the alien fails to establish nonimmigrant status.

(2) If the alien is coming to the United States for the purpose of engaging in activities which will endanger the public safety. There may be included in this category an alien coming to the United States for the purpose of carrying on operations or engaging in activities involving a willful violation of the laws of the United States; an alien engaged in the white-slave or illicit narcotic or liquor traffic; an alien who is afflicted with a loathsome or dangerous contagious disease; or an alien who is mentally defective or morally delinquent, in the sense that his presence in the United States would be a menace to the public.

(3) If the alien's entry into the United States is forbidden by the act of October 16, 1918, as amended by the acts of June 5, 1920, and June 28, 1940.

(4) If the alien has been deported or removed from the United States, and if, in the case of a deportee, the Attorney General shall not have granted the requisite permission to the alien to reapply for admission; and if in the case of an alien so removed, the Secretary of State and the Attorney General shall not have granted the requisite approval for the alien's readmission.

(b) Consular officers are responsible for determining whether an alien applying to them for documentation as a nonimmigrant is properly classifiable as such. The Department may, however, assist the responsible officers in reaching a correct decision in a particular case

by explaining points of law or by conducting appropriate investigations in the United States upon request, when deemed essential to prevent fraud.

(c) The consular officer's findings, in refusing a passport visa, transit certificate or visa, limited-entry certificate, or nonresident alien's border-crossing identification card, should be noted on the consular copy of the alien's application, or on a memorandum attached thereto.

(d) If a consular officer has reason to believe that an applicant qualified to receive a passport visa, transit certificate or visa, limited-entry certificate, or nonresident alien's border-crossing identification card, is inadmissible into the United States under some provision of the immigration laws, as, for example, under the literacy clause of section 3 of the act of February 5, 1917, he should warn the alien that if, upon arrival at a port of entry in the United States, he is found to be inadmissible under the immigration laws, he may be excluded, the document being no guaranty of admission. In cases where the ground of inadmissibility may not be readily ascertainable at a port of entry, the Department should be advised in advance of the alien's arrival in order that the immigration authorities at the port of entry may be informed. In urgent cases the immigration port authorities may be informed directly by the consular officer.

(e) The procedure outlined in the section relating to refusal cards (§ 42.351) should be followed whenever any document mentioned in paragraph (a) of this section is refused. Persons classifiable as immigrants, who the consular officer has reason to believe may endeavor to obtain passport visas elsewhere, may also, in the discretion of the consular officer, be reported on Form 247. Refusal-card files are to be consulted before the issuance of a passport visa.

(f) The refusal of a passport visa, transit certificate or visa, limited-entry certificate, or nonresident alien's bordercrossing identification card, on the ground that the alien's admission would be contrary to the public safety should be promptly and fully reported to the Department.

§ 42.120 Authority and procedure for cancelation or revocation of passport visas. (a) Diplomatic or consular officers who obtain information establishing that a passport visa, transit certifi

cate or visa, or a limited-entry certificate was obtained by fraud or misrepresentation, or in an otherwise improper manner, or establishing, subsequent to the issuance of the visa or certificate, a ground of inadmissibility into the United States of the holder of the visa or certificate, are authorized to cancel or revoke such visa or certificate in cases where it is possible to notify the holder of the visa or certificate that such action is to be taken and such notice is given. When there is reason to believe that the alien may proceed to the United States notwithstanding the cancelation or revocation, the transportation company should be appropriately informed. When the cancelation or revocation is effected at an office other than the office which granted the visa or certificate, the latter office should be informed of the action taken for notation on its records.

(b) When information of the foregoing nature is obtained after the bearer of the visa or certificate has embarked for the United States, or in cases where it is not possible personally to notify the holder of the visa or certificate of an intention to cancel or revoke, a report of the facts which would appear to justify cancelation or revocation shall be submitted immediately to the Department in order that the Immigration and Naturalization Service may be notified. The use of the telegraph is authorized, if necessary.

(c) In canceling or revoking a passport visa, transit visa or certificate, or a limited-entry certificate, the word "canceled" or "revoked" should be written in red ink across the face of the visa or certificate and signed and dated by the appropriate diplomatic or consular officer, if he is able to obtain possession of the visa or certificate. The alien should be required to surrender Forms 257a, 257b, and 257d for retention with Form 257c in the official files. Regardless of whether the required forms are surrendered, a notation of the cancelation or revocation, with a statement of the reason therefor, should be made on Form 257c, or in a memorandum attached thereto. When the cancelation or revocation is effected by an office other than the issuing office, the issuing office should be informed of the action taken for notation on Form 257c.

§ 42.121 Refund of passport-visa fees. (a) A passport-visa fee should not be refunded without specific authorization

of the Department. The question of granting such authorization may be considered by the Department in the following circumstances:

(1) If the consular officer in granting the visa committed an error of such character as to render the visa invalid; and

(2) If the applicant was not at fault. (b) Consular officers requesting authority to refund visa fees should cover in the requests each of the two points above mentioned.

GOVERNMENT OFFICIALS

§ 42.122 Government officials. (a) The term "accredited official of a foreign government" as used in section 3 (1) of the act, as amended by the act of July 1, 1940, is construed to mean an alien officer of a foreign government recognized by the United States, who is a national of the country whose government he represents, and who is proceeding to the United States for the purpose of transacting official business for his government.

(b) The term "accredited official of a foreign government" is interpreted, in the case of a civilian official of a foreign government, to mean a person holding an official position regardless of his rank. For example, a clerk in the office of a foreign government in the United States may be considered as a foreign-government official if he is paid by his government, as distinguished from being paid personally by his superior officer from the latter's private funds. In the latter case, the clerk may be an employee of a foreign-government official within the meaning of section 3 (1).

(c) The term "family" as used in section 3 (1) of the act, as amended, is interpreted to mean relatives by blood or marriage who are regularly residing in or are members of the household of a foreign-government official as defined

honorary consular officer, or an alien who is not a national of the country whose government is employing him in a representative capacity, but does include an alien of one nationality employed in a personal or non-representative capacity by, or paid from the personal funds of, a foreign government or a foreign-government official of another nationality. Such an alien may be granted a nonimmigrant passport visa as a temporary visitor for business under section 3 (2) of the act.

$42.123 Officials of unrecognized governments. An official of a government not recognized by the United States, a member of his family, his attendant, servant, or employee, should not be granted a section-3(1) visa. Such an alien may be granted a section-3(2) visa or transit certificate or visa under authorization from the Department, when traveling on the business of his government or on personal business or pleasure, or when passing in transit through the United States.

§ 42.124 Official business. (a) A member of the family, an attendant, a servant, or an employee of a foreign-government official may be granted a visa under section 3 (1) only when the alien's visit to the United States is connected with government business; that is, he is accompanying or following to join a foreign-government official who is engaged upon the business of his government. Such an alien may precede the foreign-government official to the United States if the latter is following within a reasonable time.

(b) An official passport visa may be granted to an alien under section 3 (1), 3 (2), or 3 (3) of the act by a mission if there is no American consular office in the city in which the mission at which the alien applies is located.

§ 42.125 Personal business. A passport visa as a nonimmigrant under section 3 (2) of the act may be granted to an alien who is a foreign-government official proceeding to the United States on personal business, a member of the family of such official, an attendant, a servant, or an employee who is accompanying such foreign-government official, or a member of his family, to the United States.

a

§ 42.126 Official students. An alien who is coming to the United States for the purpose of study at a school, college,