[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.102]

[Page 208-209]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 41_VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION 
AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
               Subpart J_Application for Nonimmigrant Visa
 
Sec. 41.102  Personal appearance of applicant.

    (a) Personal appearance before a consular officer is required except 
as otherwise provided in this section. Except when the requirement of 
personal appearance has been waived pursuant to paragraph (b) or (c) of 
this section, each applicant for a nonimmigrant visa must personally 
appear before and be interviewed by a consular officer, who

[[Page 209]]

shall determine on the basis of the applicant's representations, the 
visa application and other relevant documentation:
    (1) The proper nonimmigrant classification, if any, of the alien; 
and
    (2) The alien's eligibility to receive a visa.
    (b) Waivers of personal appearance by consular officers. Unless 
otherwise instructed by the Deputy Assistant Secretary of State for Visa 
Services, a consular officer may waive the requirement of personal 
appearance in the case of any alien who the consular officer concludes 
presents no national security concerns requiring an interview and who:
    (1) Is a child 16 years of age or under;
    (2) Is a person 60 years of age or older;
    (3) Is within a class of nonimmigrants classifiable under the visa 
symbols A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, 
NATO-4, NATO-5, or NATO-6 and who is seeking a visa in such 
classification;
    (4) Is an applicant for a diplomatic or official visa as described 
in Sec. Sec. 41.26 and 41.27 of this chapter, respectively;
    (5) Is an applicant who within 12 months of the expiration of the 
applicant's previously issued visa is seeking re-issuance of a 
nonimmigrant visa in the same classification at the consular post of the 
applicant's usual residence, and for whom the consular officer has no 
indication of visa ineligibility or noncompliance with U.S. immigration 
laws and regulations; or
    (6) Is an alien for whom a waiver of personal appearance is 
warranted in the national interest or because of unusual circumstances, 
as determined by the consular officer.
    (c) Waivers of personal appearance by the Deputy Assistant Secretary 
of State. The Deputy Assistant Secretary for Visa Services may waive the 
personal appearance before a consular officer of an individual applicant 
or a class of applicants if the Deputy Assistant Secretary finds that 
the waiver of personal appearance is warranted in the national interest 
or because of unusual circumstances and that national security concerns 
do not require an interview.
    (d) Unusual circumstances. As used in this section, unusual 
circumstances shall include, but not be limited to, an emergency or 
unusual hardship.

[68 FR 40128, July 7, 2003]