---
kind: "section"
citation: "22 C.F.R. § 41.102"
title: "22"
number: "41.102"
heading: "Personal appearance of applicant."
url: "https://uscodex.org/cfr/22/41.102"
---

# §41.102. Personal appearance of applicant.

- (a) Except when the requirement of personal appearance has been waived pursuant to paragraph [(b)](#b), [(c)](#c), or [(d)](#d) of this section, each applicant for a nonimmigrant visa who is at least 14 years of age and not more than 79 years of age must personally appear before and be interviewed by a consular officer, who 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.** Except as provided in [paragraph (e)](#e) of this section or as otherwise instructed by the Deputy Assistant Secretary of State for Visa Services, a consular officer may waive the requirement of personal appearance if the consular officer concludes the alien presents no national security concerns requiring an interview and:
  - (1) Is within a class of nonimmigrants classifiable under the visa symbols A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or is a Taipei Economic and Cultural Representative Office (TECRO) nonimmigrant classifiable under visa symbol E-1, and is seeking a visa in such classification; or
  - (2) Is an applicant for a diplomatic or official visa as described in [§ 41.26](/cfr/22/41.26.md) or [§ 41.27](/cfr/22/41.27.md) of this chapter; or
  - (3) Is an applicant who is within 12 months of the expiration of the applicant's previously issued visa and:
    - (i) Is seeking re-issuance of a nonimmigrant visa in the same classification;
    - (ii) Is applying at the consular post of the applicant's usual residence; and
    - (iii) Is an applicant for whom the consular officer has no indication of visa ineligibility or of noncompliance with U.S. immigration laws and regulations.
- (c) **Waivers of personal appearance in the national interest.** Except as provided in [paragraph (e)](#e) of this section, the Secretary may waive the requirement of personal appearance of an individual applicant or a class of applicants if the Secretary determines that such waiver is in the national interest of the United States.
- (d) **Waivers of personal appearance in unusual or emergent circumstances.** Except as provided in [paragraph (e)](#e) of this section, the Deputy Assistant Secretary for Visa Services may waive the requirement of personal appearance of an individual applicant or a class of applicants if the Deputy Assistant Secretary determines that such waiver is necessary as a result of unusual or emergent circumstances.
- (e) Cases in which personal appearance may not be waived. Except for a nonimmigrant applicant whose personal appearance is waived under paragraphs [(b)(1)](#b-1), [(b)(2)](#b-2), or (c) of this section, the personal appearance requirement may not be waived for:
  - (1) Any nonimmigrant applicant who is not a national or resident of the country in which he or she is applying.
  - (2) Any nonimmigrant applicant who was previously refused a visa, is listed in CLASS, or otherwise requires a Security Advisory Opinion, unless:
    - (i) The visa was refused and the refusal was subsequently overcome; or
    - (ii) **The alien was found inadmissible, but the inadmissibility was waived.**
  - (3) Any nonimmigrant applicant who is from a country designated by the Secretary of State as a state sponsor of terrorism, regardless of age, or who is a member of a group or sector designated by the Secretary of State under [section 222(h)(2)(F)](/cfr/22/222.md?p=h-2-F) of the Immigration and Nationality Act.

## Notes

### Amendments

[80 FR 69589, Nov. 10, 2015]

### Authority

Authority: 8 U.S.C. 1101; 1102; 1103, 1104; 1182; 1184; 1185 note (Section 7209 of Pub. L. 108-458, as amended by Section 546 of Pub. L. 109-295); 1201; 1258; 1323; 1361; 2651a.

### Source

Source: 52 FR 42597, Nov. 5, 1987, unless otherwise noted.

### Amendments

[80 FR 69589, Nov. 10, 2015]