[Code of Federal Regulations]
[Title 22, Volume 1, Parts 1 to 299]
[Revised as of April 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.103]

[Page 197-198]
 
                       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. 41.103  Filing an application and Form OF-156.

    (a) Filing an application--(1) Filing of application on Form OF-156 
required unless waived. The consular officer may waive submission of an 
application, under paragraph (a)(3) of this section, for certain aliens 
for whom personal appearance has been waived under Sec. 41.102. Except 
for persons for whom such waivers have been granted, every alien seeking 
a nonimmigrant visa must make application therefor on Form OF-156, 
Nonimmigrant Visa Application, unless a prior Form OF-156 is readily 
available at the consular office which can be appropriately amended to 
bring the application up to date.
    (2) Filing of Form OF-156 by alien under 16 or physically incapable. 
The application for an alien under 16 years of age or one physically 
incapable of completing an application may be completed and executed by 
the alien's parent or guardian, or, if the alien has no parent or 
guardian, by any person having legal custody of, or a legitimate 
interest in, the alien.
    (3) Waiver of filing of application. (i) When personal appearance is 
waived

[[Page 198]]

under Sec. 41.102(a)(2) or (3) the consular officer may also waive the 
filing of a visa application.
    (ii) When personal appearance is waived under Sec. 41.102(a)(7), the 
consular officer may also waive the filing of a visa application in 
cases of hardship, emergency, or national interest.
    (iii) Even if personal appearance is waived pursuant to any other 
subparagraph of Sec. 41.102(a), the requirement for filing an 
application may not be waived.
    (b) Application form--(1) Preparation of Form OF-156, Nonimmigrant 
Visa Application. (i) The consular officer shall ensure that Form OF-156 
is fully and properly completed in accordance with the applicable 
regulations and instructions.
    (ii) If the filing of a visa application is waived by the consular 
officer, the officer shall prepare a Form OF-156 on behalf of the 
applicant, using the data available in the passport or other documents 
which have been submitted.
    (2) Additional information as part of application. The consular 
officer may require the submission of additional necessary information 
or question an alien on any relevant matter whenever the consular 
officer believes that the information provided in Form OF-156 is 
inadequate to permit a determination of the alien's eligibility to 
receive a nonimmigrant visa. Additional statements made by the alien 
become a part of the visa application. All documents required by the 
consular officer under the authority of Sec. 41.105(a) are considered 
papers submitted with the alien's application within the meaning of INA 
221(g)(1).
    (3) Signature. When personal appearance is required, Form OF-156 
shall be signed and verified by, or on behalf of, the applicant in the 
presence of the consular officer. If personal appearance is waived, but 
the submission of an application form by the alien is not waived, the 
form shall be signed by the applicant. If the filing of an application 
form is also waived, the consular officer shall indicate that the 
application has been waived on the Form OF-156 prepared on behalf of the 
applicant, as provided in paragraph (b)(1)(ii) of this section. The 
consular officer, in every instance, shall initial the Form OF-156 over 
or adjacent to the officer's name and title stamp.
    (4) Registration. Form OF-156, when duly executed, constitutes the 
alien's registration record for the purposes of INA 221(b).