Pub. L. 104-208, div. C, tit. VI, subtit. C, sec. 632

ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.

EnactedYear: 1996Length: 273 wordsOfficial source
SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS. (a) In General.— Section 222 (8 U.S.C. 1202) is amended by adding at the end the following: “(g) (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay. “(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except— “(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or “(B) where extraordinary circumstances are found by the Secretary of State to exist.”. (b) Applicability.— (1) Visas.— Section 222(g)(1) of the Immigration and Nationality Act, as added by subsection (a), shall apply to a visa issued before, on, or after the date of the enactment of this Act. (2) Aliens seeking readmission.— Section 222(g)(2) of the Immigration and Nationality Act, as added by subsection (a), shall apply to any alien applying for readmission to the United States after the date of the enactment of this Act, except an alien applying for readmission on the basis on a visa that— (A) was issued before such date; and (B) is not void through the application of section 222(g)(1) of the Immigration and Nationality Act, as added by subsection (a).